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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)
No permit issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.
('81 Code, § 5.44.050) (Ord. 830, passed - -85) Penalty, see § 121.99
(A) Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this chapter, the License Collector shall suspend the permit, after giving written notice to the permit holder of not less than two business days, in person or by registered special delivery, postage prepaid, and addressed to the permit holder at the address specified in the permit application or any amendment thereto, of the suspension and proposed revocation, stating with specificity the reason therefor. However, the two-day notice shall not be required if the License Collector determines there is a need to protect the public safety, in which case the permit shall be suspended immediately.
(B) The permit holder may file with the City Manager, within 10 days of the date of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the City Manager has rendered his decision, except in instances where the suspension is necessary to protect the public safety. The City Manager shall hold a hearing within 10 days after the filing of such request.
(C) At the hearing, the City Manager shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall render a decision thereon within one business day after the hearing. The decision shall be communicated in writing to the permit holder within one day thereafter, and shall state with specificity the reasons therefor.
(D) In the event that the permit holder does not request a hearing within 10 days after the date of the notice of suspension and proposed revocation, the permit shall be revoked, and the revocation shall not be appealable.
('81 Code, § 5.44.060) (Ord. 830, passed - -85)
Any applicant or permit holder aggrieved by an action of the City Manager to deny, revoke or refuse to renew a permit may appeal to the Council by filing with the City Clerk a statement addressed to the Council setting forth the facts and circumstances regarding the action of the City Manager. Such appeal shall be filed within 10 days after the disputed action of the City Manager, and the Council shall hear the appeal at its next regular meeting, but not earlier than five calendar days after the receipt of the appeal. The filing of such an appeal with the City Council shall not stay the action of the City Manager. At the time of the appeal hearing, the Council shall not receive new testimony, but shall review the record of the hearing of the City Manager and shall determine the merits of the appeal, and it shall render a decision thereon within three business days after the hearing. The decision shall be communicated in writing to the appellant within two days thereafter, and shall state with specificity the reasons therefor. The action of the Council shall be final and appealable to the Superior Court of the state pursuant to Cal. Civ. Proc. Code § 1094.5. Such an action in the Superior Court shall be filed within 90 days following the Council's action, pursuant to Cal. Civ. Proc. Code § 1094.6.
('81 Code, § 5.44.070) (Ord. 830, passed - -85)
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