Chapter 5.12 — PEDDLING, SOLICITING AND HAWKING

In addition to the application requirements specified in Section5.04.070, the following information shall be required:

A. The supplier of the goods to be sold;

B. The place and date of any court judgment rendered against the applicant as a sex offender or as a defendant guilty of a criminal battery, fraud, burglary or theft;

C. A copy of the state sales tax permit (Revenue and Taxation Code Section 6066) for the applicant’s activities attached to the application;

D. A description of every type of merchandise or service that the applicant proposes to peddle or solicit;

E. A designation of the location or locations at which place or places the applicant proposes to peddle or solicit and the dates and time of the same;

F. A copy of the permit for any food products which are regulated.

[Ord. No. 462, Section 3, 5/9/07.]

Upon filing a complete application and all required documentation and payment of the required fee, the City shall transmit one (1) copy to the Police Department. The Chief of Police or designee shall, within thirty (30) business days of the referral report to the Collector, in writing, recommend approval or denial of the license and state the reasons therefore. The license shall not be issued unless all of the following conditions have been met:

A. The applicant has submitted a correct and complete application form;

B. The applicant has paid all required fees;

C. The supplier of the personal property to be sold has .been sufficiently identified as required by this Chapter and there is no reasonable doubt as to the title or ownership of the personal property;

D. The applicant has not had a judgment rendered against him as a violator of California law as a sex offender, as a person who has committed a criminal battery, burglary or theft, or as a person who has committed a fraud;

E. The time and place of the proposed licensed activities is in accordance with the regulations set forth in this Chapter.

[Ord. No. 462, Section 3, 5/9/07.]

A license issued under this Chapter shall authorize the licensee to peddle or solicit during the dates specified on the license and only during daylight hours.

[Ord. No. 462, Section 3, 5/9/07.]

Hawking, as defined in this Title, is prohibited within the city limits of the City.

[Ord. No. 462, Section 3, 5/9/07.]

The following persons must apply for and be given a license pursuant to this Chapter and shall be subject to the exemption specified below:

A. Veterans Exemption. Any person who was honorably discharged or honorably relieved from the armed services of the United States shall not be required to pay a license fee under this Chapter unless the merchandise includes spirituous, malt, vinous or other intoxicating liquor.

B. Religious, Educational Scientific or Charitable Organizations. Organizations qualifying under this Chapter shall not be required to pay a license fee.

C. Physically Disabled and Blind Persons. Any person who is either:

1. Physically disabled, or is

2. Certified by a physician to be blind,

shall not be required to pay a license fee.

[Ord. No. 462, Section 3, 5/9/07.]

Special requirements for mobile food vending vehicle operations shall apply as follows:

A. Equipment Requirements for Mobile Food Vending Operations. In addition to other equipment required by law, every mobile food vending vehicle shall be equipped with:

1. Signal lamps mounted at the same level and as high and as widely space laterally as practicable. These lamps shall be five (5)

to seven (7) inches in diameter and shall display two (2) alternately flashing amber lights visible at five hundred (500) feet to the front and rear in normal sunlight upon a straight level street. The light output of each indicator shall not be less than five (5) candle power nor more than fifteen (15) candle power at any time;

2. A convex mirror mounted on the front so the driver in his normal seating position can see the area in front of the truck obscured

by the hood;

3. An audible warning device to indicate vehicle backing automatically activated and audible at a distance of one hundred (100) feet

to the direct rear of the vehicle.

B. Use of Special Lights on Mobile Food Vending Vehicles.

1. The driver of a mobile food vending vehicle stopped on the street for the purpose of vending shall actuate the special amber

flashing lights required by Subsection A.1. of this Section;

2. These lights shall not be used when the truck is in motion nor at any time the truck is stopped for a purpose other than vending.

C. Inspection Required. Every mobile food vending vehicle shall be inspected by the Chief of Police or designee once each year prior to its use in this City for the purpose of retail sales of frozen dairy products. The department shall inspect each mobile food vending vehicle to determine whether it complies with this Chapter and other state and local laws. Notice from the captain or designee shall be made to the business license officer prior to issuance of a City business license.

D. Vending Restrictions.

1. A person shall not vend within five hundred (500) feet of any property used as a grade school, junior high school or middle

school, either public or private, from one (1) hour before the regular school day to one (1) hour after the regular school day; provided, this Subsection shall not apply on days when school is not attended by children or on school property when vending has been approved in writing by the principal.

2. A personal shall vend only when the vehicle is lawfully parked or stopped.

3. A person shall vend only from the side of the vehicle away from moving traffic and as near as possible to the curb or edge of the

right-of-way.

4. A person shall not vend to a person standing in the roadway.

5. A person shall not stop on the left side of a one-way street to vend.

6. A person shall not vend on a street unless there is a clear view of the mobile food vending vehicle for a distance of at least two

hundred (200) feet in each direction.

7. A person shall not vend except during the period between thirty (30) minutes before sunrise and thirty (30) minutes after sunset.

8. A person shall not vend within five hundred (500) feet of any property used as a public or private park or playground.

E. Backing Restricted. The vendor shall not back up the vehicle on a public street to make or attempt a sale.

F. Unauthorized Riders Prohibited.

1. The driver shall not permit any unauthorized person to ride in or on the vehicle.

2. A person shall not ride in or on a mobile food vending machine unless employed by its owner or unless authorized in writing to

do so by the owner or Police Department.

G. Exemption Authorized.

1. The Collector, with the concurrence of the Chief of Police or designee, may exempt from the requirements of this Chapter any

mobile food vendor which is not used to vend to persons under twelve (12) years of age.

2. The special equipment, inspection and vending restrictions do not apply to vendors which do not vend to persons under twelve

(12) years of age.

[Ord. No. 462, Section 3, 5/9/07.]