Alhambra Municipal Code Ch. 5.24 Peddling and Soliciting

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CANVASSER. Any individual, whether a resident of the city or not, using telephone service or other communication, or traveling by foot, wagon, automobile, motor truck, or any other type of conveyance from place to place, from house to house, or from street to street taking, or attempting to take, orders for the sale of goods, wares, merchan-dise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; and shall include any person who, for himself, or for another person, firm, or corporation, firms, leases, uses, or occupies any building, structure, tent, vehicle, hotel room, lodging house, apartment, shop, or any other place in the city for the sole purpose of exhibiting samples and taking orders for future delivery.

COMMITTEE. The city's Solicitations Advisory Committee created by § 5.28.020 of this code.

PEDDLER. Includes the same as CANVASSER above.

SOLICITOR. Includes the same as CANVASSER above.

('86 Code, § 5.24.010) (Ord. 2655, passed - - ; Am. Ord. 3962, passed - - )

It shall be the duty of the Committee to direct and carry out the purpose of this chapter pursuant to the provisions of § 5.28.020 of this code.

('86 Code, § 5.24.012) (Ord. 3962, passed - - )

It shall be unlawful for any person to peddle or solicit before the hour of 9:00 a.m. of any day, or after the hour of 6:00 p.m. of any day.

('86 Code, § 5.24.020) (Ord. 2655, passed - - ; Am. Ord. 3672, passed - - )

It shall be unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor for the purpose of peddling or soliciting or pretending to peddle or solicit to ring the bell or knock at any building whereon there is painted, affixed or other-wise displayed to public view any sign containing any or all of the following words; “no peddlers,” “no solicitors,” or “no agents” or which otherwise purports to prohibit peddling or soliciting on the premises.

('86 Code, § 5.24.030) (Ord. 2655, passed - - )

It shall be unlawful for any peddler or solicitor to represent by words, writing or action that he is some other peddler or solicitor, that he is a partner, employee or agent of any peddler or solicitor when in fact he is not the partner, agent or employee of such peddler or solicitor, or that he is the employee, representative, agent or partner of any person when in fact he is not the employee, representative, agent or partner of such person.

('86 Code, § 5.24.040) (Ord. 2655, passed - - )

It shall be unlawful for any person to peddle or solicit without having an unrevoked license from the city so to do, valid and in effect at the time.

('86 Code, § 5.24.060) (Ord. 2655, passed - - )

(A) Form.

(1) Applicants for permits to solicit or canvass shall file with the Director of Finance a sworn application in writing, in duplicate, on a form to be furnished by the Director of Finance, giving the following information:

(a) The full name, permanent home address, and full local address of the applicant;

(b) A brief description of the nature of the business and the goods to be sold;

(c) If employed, the name and address of the employer and the name and address of and local or state officer or manager, together with credentials establishing the exact relationship;

(d) The length of time for which the right to engage in business is desired;

(e) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, is manufactured or produced, where such goods or products are located at the time the appli-cation is filed, and the proposed method of delivery;

(f) Evidence that the applicant has his photograph and fingerprints on file with the Police Department;

(g) A statement as to whether or not the applicant has been convicted of any crime, mis-demeanor, or violation of any municipal law, the nature of the offense, and the punishment or penalty assessed therefor; and,

(h) Such other information as may be necessary for the enforcement of the provisions of this chapter.

(2) Each such application shall be accompanied by an amount equal to the annual license fee provided herein. If such license is granted, such amount shall be applied to payment of the first year's license fee. If any such application shall be denied, such amount shall be retained by the city to cover the cost of its investigation.

(B) Investigation. Upon the receipt of such application the original shall be referred to the Chief of Police who shall cause such investigation of the applicant's business and moral character to be made as the Chief of Police deems necessary for the protection of the public welfare. No license shall be issued to any person of bad character nor any person who shall have been convicted of any felony or crime involving robbery, burglary or moral turpitude.

(C) Denial. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall, within 14 days, endorse on such application his or her disapproval and his or her reasons for the same and return the application to the Director of Finance who shall notify the applicant that his or her application is disapproved, that no permit shall be issued, and that he or she may file an appeal pursuant to the provisions of § 5.28.080 of this code.

('86 Code, § 5.24.062) (Ord. 3672, passed - - ; Am. Ord. 3962, passed - - )

Every person engaged in or carrying on any business or occupation defined in § 5.24.010 of this code shall pay a license fee in an amount established by City Council resolution per calendar year regardless of whether such business or occupation is conducted on foot or by means of a vehicle.

('86 Code, § 5.24.070) (Ord. 2369, passed - - ; Am. Ord. 2358, passed - - ; Am. Ord. 3672, passed - - ; Am. Ord. 3962, passed - - ; Am. Ord. 4587, passed 6-27-11; Am. Ord. 4588, passed 7-11-11)

Notwithstanding the foregoing or any other provisions of this chapter, the Director of Finance may issue a principal solicitor's license to every person either employing or contracting with one or more individuals for solicitors' services as hereinbefore defined. If a principal solicitor should elect to use the provisions of this section, no principal solicitors' license shall be issued until the applicant files with the Director of Finance a list of all solicitors employed or retained by the applicant, or with whom the applicant has a contract, and unless the applicant executes an agreement that he or she will notify Finance in writing of every change in personnel of those soliciting for him or her. In such an event, the license fee for each solicitor shall be $10 per solicitor, and each individual solicitor shall obtain a permit in accordance with the provisions of this chapter relating to permit procedure. Nothing contained in this section shall be deemed to grant a principal solicitor the privilege of soliciting unless there is maintained in full force and effect for each individual solicitor a permit in accordance with the provisions of this chapter. The license fee for a principal solicitors' license shall be $300 per year, with no proration thereof.

('86 Code, § 5.24.071) (Ord. 3962, passed - - )

Each license and each renewal license issued pursuant to this chapter shall expire on December 31 next following the date of its issuance. Each such license may be renewed by making application for renewal and paying the required fee within the time specified for the renewal of business licenses in Chapter 5.04 of this title.

('86 Code, § 5.24.072) (Ord. 3672, passed - - )

Whenever any license fee required by this chapter is not paid prior to the delinquency date, a penalty shall be due and is hereby imposed in the manner, as of the time and in the amount specified in § 5.04.192 of this title.

('86 Code, § 5.24.074) (Ord. 3672, passed - - )

The license required by this chapter shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold or the services to be provided thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling. The Director of Finance shall keep a permanent record of all licenses issued.

('86 Code, § 5.24.080) (Ord. 2358, passed - - ; Am. Ord. 3450, passed - - ; Am. Ord. 3672, passed - - )

The Director of Finance shall issue to each licensee at the time of delivery of his or her license a decal for each vehicle used, plus individual identification for each individual licensed under this chapter. The license decal and individual identification shall be in such form as may be determined by the Director of Finance. The license decal shall be attached to the vehicle of the licensee. The individual identification shall be carried by each individual licensee at all times while he or she is peddling or soliciting and shall be displayed by such licensee upon demand of any police officer of the city and upon demand of any person to whom he or she is peddling or soliciting.

('86 Code, § 5.24.090) (Ord. 2358, passed - - ; Am. Ord. 3450, passed - - ; Am. Ord. 3672, passed - - )

Licenses issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

('86 Code, § 5.24.092) (Ord. 3672, passed - - )

(A) Routes. The provisions of this chapter shall not apply to peddling or soliciting newspapers, ice, ice cream, or water, or collecting and distributing laundry and dry cleaning, or to any person having a bakery route or milk and dairy products route.

(B) Agricultural products. Nothing in this chapter shall apply to a resident of the city selling any agricultural or ranch product raised or produced by manual labor of such resident or members of his or her family upon land within the city which is owned or operated by him or her.

(C) Regularly established place of business. The provisions of this chapter relating to license requirements shall not apply to any person having a regularly established place of business in the city for the sale of such goods, wares or merchandise, or for the making, manufacturing or repairing of any article or thing whatsoever or to the agent of such person.

(D) Not exempted from Chapter 5.04. The business and occupations listed in division (A) and (C) of this section shall not be exempted, however, from the provisions of Chapter 5.04 of this code.

('86 Code, § 5.24.094) (Ord. 3672, passed - - ; Am. Ord. 3962, passed - - )

It shall be the duty of the Director of Finance to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance or the City Council.

('86 Code, § 5.24.096) (Ord. 3672, passed - - )