Chapter 17 — PEDDLERS

Footnotes:

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1. As to license fees for peddlers, see § 13-39 of this Code. As to license fees for peddlers of agricultural products at retail, see § 13-41. As to license fees for solicitors, see § 13-48.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Fixed place of business. Any permanent warehouse, building or structure owned in fee or leased, at which the owner or lessee carries on a legitimate permanent business in good faith and at which stocks of merchandise are produced, stored or kept in quantities usually carried and reasonably adequate to meet the requirements of the business or, if the business is one of performing services, where such services are performed. "Fixed place of business" does not mean tents, temporary stands or other temporary structures or permanent structures occupied pursuant to a temporary arrangement.

Peddler. Any person whether a resident of the city or not, and not having a fixed place of business in the city, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, traveling photographer, magazine or book salesman, offering and exposing the same for sale, soliciting immediate sales or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance; provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word "peddler" shall include the words "hawker," "huckster" and "itinerant vendor."

(Ord. No. 262, §§ 2, 4.)

No person shall engage in the business of peddler as defined in section 17-1 within the city without first obtaining a permit and license therefor as provided in this chapter.

(Ord. No. 262, § 1.)

Applicants for permit and license under this chapter shall file with the chief of police a sworn application in writing, in duplicate, on a form to be furnished by the chief of police, which shall give the following information:

(a)

Name and description of the applicant.

(b)

Address, both legal and local.

(c)

A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant.

(d)

If employed, the name and address of the employer, together with credentials establishing the exact relationship.

(e)

The length of time for which the right to do business is desired.

(f)

If a vehicle is to be used, a description of the same, together with the license number or other means of identification.

(g)

A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

(h)

The fingerprints of the applicant and the names of at least two reliable property owners of the city, who will certify as to the applicant's good character and business responsibility, or, in lieu of the names of references, any other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility.

(i)

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

(j)

At the time of filing of an application, a fee of one hundred dollars per peddler shall be paid to the city of Alturas to cover costs of the investigation and issuance of the permit.

(Ord. No. 262, § 3; Ord. No. 460, § 1.)

(a)

Upon receipt of the application described in section 17-3, 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 he deems necessary for the protection of the public good.

(b)

If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same and shall notify the applicant that his application is disapproved and that no permit and license will be issued.

(c)

If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return such permit, along with the application to the city clerk who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license 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 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 chief of police shall keep a permanent record of all licenses issued.

(d)

(1)

For the business of traveling merchant, hawker, peddler or itinerant vendor, or the negotiating or soliciting the sale or purchase of any merchandise at any place other than a fixed place of business, the fee shall be fifty dollars per day, payable in advance at the beginning of each day. For each assistant or sublicense associated with the principal license, the fee shall be ten dollars each. Such fees are in addition to the fees imposed by chapter 13 of this Code.

(2)

For the business of itinerant vendors or itinerant merchants (for those businesses that may only operate for one or several days) at a fixed location (such as a tent, temporary stand or vehicle, or other temporary structure or permanent structure occupied pursuant to a temporary arrangement) the business license fee shall be fifty dollars per day, payable in advance at the beginning of each day.

(3)

There shall be excluded from the provisions of this section those peddlers, itinerant vendors, or itinerant merchants who do business continuously and on a regular basis for ninety days and who plan to do business for the remaining balance of the year and who have a regular route.

(e)

No fee shall be required of any person for the privilege of selling any animals, crops or products raised or produced by such person on a farm situated within the county.

(Ord. No. 262, § 4; Ord. No. 420.)

(a)

Permits and licenses issued under the provisions of this chapter may be revoked by the chief of police after notice and hearing, for any of the following causes:

(1)

Fraud, misrepresentation or false statement contained in the application for license;

(2)

Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler.

(3)

Any violation of this chapter.

(4)

Conviction of any crime or misdemeanor involving moral turpitude.

(5)

Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

(b)

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(Ord. No. 262, § 12.)

All annual licenses issued under the provisions of this chapter shall expire on December 31st, in the year when issued. Licenses other than annual licenses shall expire on the date specified in the license.

(Ord. No. 262, § 14.)

No license or badge issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued.

(Ord. No. 262 § 6.)

Peddlers shall exhibit their licenses at the request of any citizen.

(Ord. No. 262, § 9.)

The city clerk shall issue to each licensee at the time of delivery of his license two decals for each vehicle to be used. The decals or badges shall bear the words "Licensed Peddler," the period for which the license is issued and the number of the license in letters and figures plainly discernible. Decals shall be attached to the vehicle used by the licensee, either on both sides or on the front and rear of the vehicle so used.

(Ord. No. 262, § 5.)

No peddler, nor any person in his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system upon any of the roads, streets, alleys, parks or other public places of the city or upon any private premises in the city, where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the roads, streets, avenues, alleys, parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

(Ord. No. 262, § 7.)

No peddler shall have any exclusive right to any location in the public streets, nor shall anyone be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of any peace officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(Ord. No. 262, § 8.)

It shall be the duty of any police officer of the city to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. No. 262, § 10.)

The chief of police shall report to the city clerk all convictions for violation of this chapter and the city clerk or chief of police shall maintain a record for each license issued and record the reports of violation therein.

(Ord. No. 262, § 11.)

Any person aggrieved by the action of the chief of police in the denial of an application for a permit or license as provided in section 17-4, or in the decisions with reference to the revocation of a license as provided in section 17-5, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city council, within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The city council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in section 17-5 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive.

(Ord. No. 262, § 13.)