Section
121.01 Definitions
121.02 Permits required for solicitations
121.03 Applications for permits
121.04 Term of permits
121.05 Transferability
121.06 Revocation
121.07 Appeals to city council
121.08 Manner of solicitation
121.09 Receipts
121.10 Door-to-door solicitation
121.11 Solicitation permit fees
121.12 Vending on public streets, public or private property and in various zones
121.13 Operating regulations
121.14 Exceptions
121.15 Permits required
121.16 Annual renewal
121.17 Establishment of fees and procedures
121.18 Notification of right to appeal
121.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CATERING TRUCK. A vehicle in which food is prepared and/or sold and which commonly visits construction sites, offices or factories for such operations.
CHARITABLE PURPOSE. Benevolent, civic, educational, patriotic, political, philanthropic or other similar purposes.
COMMERCIAL SOLICITATION. Any person who goes from door-to-door taking, or attempting to take, orders for the sales of goods, wares and merchandise, or for services to be furnished or performed; or conducting a survey or poll. COMMERCIAL SOLICITATION, as defined herein, does not include solicitations by telephone, solicitations through the United States mail, nor solicitations or selling agents selling their goods wholesale to dealers.
CONTRIBUTION. The words alm, food, clothing, money, property, subscription or pledge and donations under the guise of loans of money or property.
GOODS or MERCHANDISE. Includes items and products of every kind and description, including all food, produce, flowers and beverage items.
NONPROFIT ORGANIZATION. A nonprofit corporation that has obtained recognized state or federal tax exempt status.
OWNER. Any person or entity owning, or otherwise controlling the operation of any business or activity involving the vending of goods, products or merchandise.
PEDDLER. Any person who goes door-to-door seeking to make concurrent sale and delivery of goods, wares and merchandise of any nature whatsoever.
PERMIT HOLDER. The person to whom a permit has been granted and the organization or group on whose behalf solicitations will be made.
PERSON. Any individual, firm, partnership, corporation, company, association, society, organiza-tion, church, congregation, assembly or league, and shall include any trustee, receiver, assignee, agent or other similar representative thereof.
RELIGIOUS or RELIGION. These terms shall have the meaning established by the Supreme Court of the state or the Supreme Court of the United States.
RELIGIOUS AND CHARITABLE SOLICITA-TION. The request, directly or indirectly, of money, credit, property, financial assistance or other things of value, on the plea or representation that such money, credit, property, financial assistance or other thing of value, or any portion hereof, will be used for a charitable or religious purpose, as those purposes are defined in this section, conducted door-to-door in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks, or in any public place. RELIGIOUS AND CHARITABLE SOLICITATION shall also mean and include, but are not limited to, the following methods of securing such money, credit, property, financial assistance, or other thing of value, when conducted in the manner set forth in this section:
(1) Any oral or written request;
(2) The sale of any goods or services; and
(3) The sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise, where such solicitation is made to persons other than the bona fide members of the organization or institution causing the solicitation of, for or on whose behalf the solicitation is made, and where it is represented or made to appear that such solicitation, or any part of the proceeds therefrom, shall be used for charitable or religious purposes.
RELIGIOUS AND CHARITABLE shall
not apply to solicitations through the United States mail, or to charitable or religious solicitations which are conducted among the members whether at regular assemblies or services or otherwise.
VEHICLE. As defined in the California Vehicle Code.
VEND. Any act of hawking, operating noise making devices to attract attention to the vendor, or displaying, selling or offering for sale any goods or merchandise to the public from a vehicle other than a receptacle as defined in the City's Sidewalk Vending Ordinance (Chapter 126).
VENDOR. A peddler or any person, other than a sidewalk vendor, who engages in the act of vending.
('81 Code, § 5.44.010) (Ord. 830, passed - -85; Ord. 978, passed - -94; Am. Ord. 1309, passed 7-7-21)
No person shall directly or indirectly engage in solicitations without a permit issued pursuant to the provisions of this chapter.
('81 Code, § 5.44.020) (Ord. 830, passed - -85) Penalty, see § 121.99
(A) Applications for solicitation permits shall be made to the License Collector upon forms prescribed by the city. The application shall be made under penalty of perjury. The License Collector shall have 10 days to review the application prior to the issuance of the permit.
(B) Such applications shall contain the following information and documentation:
(1) The full name, address, telephone number, date of birth and physical description of the person applying for the permit;
(2) If the applicant will be engaged in solicitations on behalf of a person, corporation, company or other such organization, the name, street address and telephone number of such person or entity, and the name, street address and telephone number of the person supervising the applicant;
(3) If solicitation is for religious or charitable purposes, a statement of the purpose for which the proceeds of the solicitation are to be used;
(4) A statement that the applicant has not been convicted of any of the crimes specified in § 121.10;
(5) A statement that the applicant is aware of the provisions of state law relating to home solicitation contracts;
(6) A statement that the applicant has received and read a copy of this chapter;
(7) A short outline of the method or methods to be used in conducting the solicitation;
(8) The time when such solicitation will be made, including preferred dates and hours of the day for commencement and termination of solicitations;
(9) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the city or any department or officer thereof.
(C) If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the License Collector in writing thereof within 24 hours after such change.
('81 Code, § 5.44.030) (Ord. 830, passed - -85)
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