Arvin Municipal Code Ch. 5.05 Peddlers

A. The city council finds that the unregulated practice of peddling is a nuisance in that:

1. The activity is often carried on at night, causing annoyance to residents and intruding into their privacy;

2. The methods used by some of those engaged in the activity cause apprehension;

3. The activity is one which can be used as a front or cover for gaining access to premises for the purpose of engaging in criminal activity;

4. The nature of the activity permits those to engage in it and leave the city before they become widely known and enables them to avoid complying with the law;

5. The nature of certain businesses, as described in this chapter, does not give the city sufficient control to correct the abuses in these activities.

B. Based upon these findings, the city council concludes that the unregulated and uncontrolled activity of peddling affects the welfare of the city and is a public nuisance. It is the purpose of this chapter to define the activity sought to be regulated to impose upon those seeking to engage in it, conditions and requirements which will permit the city to protect the welfare of its citizens, and prevent intrusion into the privacy, and to regulate the activity to prevent abuses of it.

(Ord. 247 (part), 1991).

As used in this chapter:

A. Act of Permittee. The act or omission of any person's partner, associate, director, officer, agent or employee or any peddler whose services are engaged thereby, is for all purposes the act or omission of the permittee regulated by this Chapter 5.05. B. "Approved location" means and includes an approved site as designated by the city manager or his designee, from which a peddler, operating from a motor vehicle or mobile unit may sell his products.

C. "Mobile unit" means any vehicle, truck, trailer, cart, wagon, dray, conveyance or structure on wheels not firmly fixed to a permanent foundation which does not have a license to operate by the Department of Motor Vehicles of the state.

D. "Mobile vehicle" means an includes any automobile, truck, trailer or other conveyance requiring a license from the Department of Motor Vehicles or the state.

E. "Peddler" means and includes any person, whether a resident of the city or not, who, not incidental to similar activities regularly conducted from a fixed place of business, travels by foot, wagon, motor vehicle or any other type of vehicle, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruit, truck garden products, farm products, dairy products, bakery products, groceries, other products (hereinafter referred to in this chapter as "products"), offering and exposing the same for retail sale, or making retail sales of the same and delivering the same to purchases, or who sells or offers the same for sale from a motor vehicle or mobile unit or who solicits, exposes or offers the same for retail sale for delivery at a later time. Notwithstanding, "peddler" shall not include "sidewalk vendors" as defined by section 5.05.230.

F. "Permittee" means and includes any natural person, partnership, corporation, firm or association, engaged in the business of peddling; it also includes a receiver or trustee appointed by any court. However, it shall not be deemed to include those persons merely employed by the permittee.

G. "Public street" means all that area dedicated to public use for public street purposes and shall include, but not be limited to, roadway, parkway strips, alleys and sidewalks.

(Ord. 247 (part), 1991).

(Ord. No. 459, § 2, 6-25-2019)

Absent any legal exemption, it is unlawful for any person to peddle or solicit any product, or to allow other persons under that person's employ to peddle or solicit any product, within the corporate limits of the city, without first obtaining and having a peddler's permit therefor as provided in this chapter, except that paid employees of a person or business holding such a peddler's permit need not have a permit nor shall a permit be required of any person who solicits orders from retail dealers on behalf of a wholesaler, jobber or manufacturer, or who solicits for a bona fide political or religious purpose; no person shall engage in such services as may be permitted hereunder except in accordance with such terms, conditions, restrictions and limitations as may be set forth in the permit, and in this Chapter 5.05.

(Ord. 253 §2, 1991: Ord. 247 (part), 1991).

Applicants for peddler permits must file with the city manager or his designee an application on a form to be furnished by the city manager or his designee.

(Ord. 247 (part), 1991).

A peddler's permit shall be valid for the calendar year and prorated quarterly.

(Ord. 247 (part), 1991).

The city manager or his designee shall undertake an investigation of the applicant's record and background, such as shall be reasonably necessary to protect the public. If as a result of such investigation, the city manager or his designee should find that the applicant has been convicted of a crime involving violence, larceny or sale of drugs within the previous three (3) years, or involving a crime of a sexual nature within the previous five (5) years of the application date, or that the applicant has made false statements on the application form provided, the city manager or his designee may disapprove such application; otherwise, the city manager or his designee shall approve and shall issue the peddler's permit.

(Ord. 247 (part), 1991).

It is unlawful for any person to peddle from a fixed location, on any public street, unless that person peddles from a motor vehicle or motor unit and obtains an approved location permit therefor as provided in this chapter.

(Ord. 247 (part), 1991).

An approved location permit shall be issued only to permittees holding a peddler's permit, by the city manager or his designee under the following terms and conditions:

A. No permit shall be issued for locations immediately adjacent to residentially zoned property nor shall any permit be issued for locations within five hundred (500) feet of the nearest property line of any public school.

B. If more than one (1) application is received at the same time for the same location not occupied by an applicant, the successful application shall be drawn by lot.

C. Every permit shall be valid for a period of one (1) year from date of issue, unless revoked in the manner as hereinafter provided by this chapter.

D. No peddler shall peddle from, at, or in conjunction with a motor vehicle or mobile unit except at the approved location for which that peddler has been or his employer has been issued an approved location permit therefor.

E. Permits issued under this chapter shall not be sold, assigned or transferred, and shall cover the permittee to whom issued only.

F. No peddler shall peddle from a mobile unit which exceeds the following dimensions: four (4) feet high, five (5) feet wide, six (6) feet long.

G. No peddler shall employ or have any movable or permanent stands, tables, chairs or devices at any approved location other than the permitted motor vehicle or mobile unit and one (1) stool for his own use. The stool used by the peddler shall not block movement of pedestrians along the sidewalk.

H. In addition to the terms and conditions set forth above, no permit shall be issued for locations on private property unless the permittee has complied with the following requirements:

1. The permittee shall be engaged in the retail sale of prepared food from a mobile vehicle or mobile unit.

2. The location must be zoned for commercial or industrial uses only.

3. The location must have a paved, durable surface.

4. The drive approach to the location must have a, city approved, durable drive approach.

5. The location must have adequate lighting, as determined by the city, for any activity occurring during hours of darkness, as defined by section 5.05.160.

6. The location shall not reduce the number of parking spaces required for a particular property below the minimum required by the Arvin Municipal Code, unless the hours of business of the mobile vehicle or mobile unit at the location are at a time when the other businesses located on the location's property are closed for business.

7. The owner of the location property must execute a written authorization in a form issued by the city that identifies the approved location, the approved hours of operation and a diagram of the property identifying the specific location on the property that the property owner has approved for the mobile unit or mobile vehicle. Under no circumstances shall the hours of operation be earlier or later than the hours of operation set forth in section 5.05.160.

8. Upon request of a city official the permittee shall make available for inspection a copy of the peddler's permit, location permit and property owner authorization form, including all attachments thereto.

I. Notwithstanding the fact that the permittee has met all the terms and conditions as set forth in this section, permits shall be subject to the approval of the city manager or his designee as to vehicular traffic safety and convenience and pedestrian safety and convenience. Appropriate separation of peddlers' motor vehicles and mobile units from each other and from established businesses conducting similar activities will be required to promote traffic and pedestrian safety and convenience.

J. A peddler operating at an approved location shall park or locate any motor vehicle or mobile unit in such a way that the motor vehicle or mobile unit is located directly at the approved location and in such a way as to avoid obstructing any sidewalk, street or roadway where possible.

(Ords. 247 (part), 1991).

(Ord. No. 420, § 2, 6-2-2015)

All mobile vehicles and mobile units shall be maintained and kept in good operating order and visual appearance, including the removal of graffiti.

(Ord. No. 420, § 3, 6-2-2015)

Before an approved location permit is issued, each peddler shall at his sole cost and expense, and during the entire term of his permit or any renewal thereof, obtain and maintain all of the following minimum insurance requirements:

A. Comprehensive general liability insurance with a minimum limit of three hundred thousand dollars ($300,000.00) combined single limit for bodily injury and property damage and including at least the following coverages:

1. Vendor's liability;

2. Product's liability.

B. A worker's compensation policy shall be provided for any and all employees of the permittee.

1. This coverage shall provide the stationary limit of coverage (under coverage A) worker's compensation.

2. This coverage shall also provide for one hundred thousand dollars ($100,000) liability (for coverage B) employer's liability.

C. Required endorsements:

1. "The city of Arvin, its employees, officers, agents, contractors, and invitees are hereby added as additional insureds."

2. "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Arvin may possess including any self-insured retention the City may have, and any other insurance the City does possess shall be considered excess insurance only."

3. "This insurance shall act for each insured and additional insured as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company."

4. "Thirty days' written notice of cancellation shall be given to the City of Arvin in the event of cancellation and/or reduction of any nature in the coverage." Such notice shall be sent to:

City Manager

City of Arvin

P.O. Box 548, 200 Campus Drive

Arvin, CA 93203

Endorsement No. 4 listed above is the only endorsement required to be made a part of the worker's compensation and employer's liability policy.

D. Proof of coverage shall be in the form of a properly issued certificate of insurance with copies of all required endorsements attached thereto, evidencing all required coverages. Evidences of insurance coverage shall be submitted at the time of the approved location permit application to:

City Manager

City of Arvin

P.O. Box 548, 200 Campus Drive

Arvin, CA 93203

E. Before any approved location permit is issued, the applicant shall agree to hold the city, its employees, and its agents harmless from any liability arising from the use of the permit.

(Ord. 247 (part), 1991).

If the city manager or his designee determines that the applicant has sufficient insurance referred to in Section 5.05.090, and after the approval of the city manager or his designee respecting the terms and conditions stated herein, then in that event and not otherwise, the city manager or his designee shall approve the location applied for by the applicant and shall issue a permit for the approved location.

(Ord. 247 (part), 1991).

No application shall be processed and no peddler's permit shall be issued under the provisions of this chapter unless the applicant therefor shall have, unless exempted, paid the fees as set forth in the schedule of fees established by resolution of council.

(Ord. 247 (part), 1991).

Any peddler's permit and any approved location permit issued under the provisions of this chapter may be revoked by the city manager or his designee after notice and hearing for any of the following reasons:

A. Fraud, misrepresentation or false statement contained in the application for the permit;

B. Fraud, misrepresentation or false statement made in the course of carrying on the business regulated by this chapter;

C. Any violation of any of the provisions of this chapter or of any other provision of this code relating to any of the peddling activities conducted or carried on by the peddler;

D. Peddling in any unlawful manner, or in such manner as is a menace to or deleterious to the public health, safety or general welfare;

E. Any violation of any provision of federal, state, or local laws;

F. Conduct of the peddling activities in an unlawful manner, or conviction of a crime involving violence, larceny or sale of drugs within the previous three (3) years, or involving a crime of a sexual nature within the previous five (5) years;

G. Failure to have the minimum insurance coverage as referred to in Section 5.05.090 of this chapter;

H. Failure to sell his products at permitted location at least fifteen (15) days in each calendar quarter. Two (2) hours of selling or vending shall be considered a day for purposes of this section.

(Ord. 247 (part), 1991).

Before revoking any permit, the city manager or his designee shall give to the permittee a reasonable notice in writing of the proposed revocation and of the grounds thereunder, and also of the time and place at which the holder of the permit will be given a reasonable opportunity to show cause why his permit should not be revoked. The notice may be served personally upon the permittee, or may be mailed, postage prepaid, to the permittee at his last known address or at any address shown upon his application, at least ten (10) days prior to the date of the hearing. Upon conclusion of the hearing, the city manager or his designee may, for any of the above-mentioned grounds, revoke the permit.

(Ord. 247 (part), 1991).

Any person whose application has been decided by the city manager or his designee or any person who has had his permit revoked by the city manager or his designee shall have the right to an administrative appeal before the city manager or his designee. Any unfavorable decision by the city manager may be appealed in writing, stating the grounds therefor, within ten (10) days of the decision, to the code enforcement appeals commission. The commission shall hold a hearing thereon within a reasonable time and the decision of the commission shall be final.

(Ord. 247 (part), 1991).

Each peddler, at all times while he is engaged in peddling, shall carry with him, and shall display on request, his peddler's permit.

(Ord. 247 (part), 1991).

Unless authorized by a location permit, it is unlawful for any permittee to peddle or solicit goods, wares, merchandise or other products from any mobile vehicle or mobile unit traveling or at a parked location within, upon or along any public street or within any private property in the city during the hours of darkness (one-half (½) hour past sunset to one-half (½) hour before sunrise); provided and excepting, however, that the provisions of this section shall not apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workmen or employees at any construction job site, if the foodstuffs sold to such persons at such places are sold to such employees or workmen for immediate consumption at such places. Notwithstanding the forgoing, no location permit shall authorize a permittee to peddle prepared food from any mobile vehicle unit any earlier than seven a.m. (7:00) or later than eleven p.m. (11:00).

(Ord. 247 (part), 1991).

(Ord. No. 420, § 4, 6-2-2015)

Permittee shall fully comply with the requirements of chapter 9.08 entitled "Noise Disturbances" as may be amended from time to time. No peddler shall use, play or employ any amplifier, loudspeaker, or any other instrument or device for the production of sound specifically mentioned for the production or reproduction of sound in volume sufficiently loud as to disturb the peace, quiet or repose of persons of ordinary and normal sensitiveness who are fifty (50) or more feet from the amplifier, loudspeaker, or other instrument or device for the production of sound.

(Ord. 247 (part), 1991).

(Ord. No. 420, § 4, 6-2-2015)

Every peddler, vendor or solicitor who conducts business from a motor vehicle or mobile unit as defined in this chapter shall provide a trash receptacle readily accessible to persons making purchases from such peddler or vendor, and the peddler or vendor shall deposit or cause to be deposited therein, all litter and garbage resulting from sales made by him and left by the purchasers in the immediate vicinity of the place of sale.

(Ord. 247 (part), 1991).

A. It is unlawful for any peddler selling any goods, wares, merchandise or other products to:

1. Permit any motor vehicle from which the peddler is peddling, to remain standing or stopped, for peddling purposes, at any place on any public street in the city for a period of time exceeding ten (10) minutes, or at any location within five hundred (500) feet of that place on any public street within any two-hour period for a period of time exceeding ten (10) minutes;

2. Make any stop, for the purpose of making any sale upon any public street or other public place, within five hundred (500) feet, measured along the traveled way of any public street or streets, of any school property.

B. It is unlawful for any peddler to sell any goods, wares, merchandise or other products from any motor vehicle within or upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street.

(Ord. 247 (part), 1991).

The city manager or his designee shall have the power to establish rules and regulations consistent with provisions of this chapter, such rules and regulations to have as their purpose the enforcement of the provisions of this chapter and the vehicular traffic safety and convenience and pedestrian safety and convenience; subject to the approval of the same by the city council; and upon their approval by the city council, such rules and regulations shall have the effect of law.

(Ord. 247 (part), 1991).

Nothing in this chapter shall relieve a person from compliance with any other municipal, state or federal laws, rules or regulations including, but not limited to, regulations respecting health permits, traffic or safety rules or regulations.

(Ord. 247 (part), 1991).

Vendors conducting a business for profit while such vendors are participating in a crafts fair, exhibition, parade, celebration, dance, amusement entertainment, or other event consisting of a collection of food, beverage, art, crafts, or souvenir sales by various individuals or persons, when the crafts fair, exhibition, parade, celebration, dance, amusement entertainment or other event is conducted by a nonprofit or charitable organization, association or institution shall be exempted from the provisions of this chapter, provided such nonprofit or charitable organization applies at least six (6) weeks prior to the date of the proposed event to the city manager on forms to be provided by such manager and meets all of the requirements for an exemption established by the director of finance and such manager.

Such nonprofit or charitable organizations shall issue space permits to such vendors and may charge a reasonable fee for such business participation.

Such exemption shall be for the duration of the event only.

(Ord. 247 (part), 1991).

Persons exempt under California Business and Professions Code Sections 16001 and 16001.5 shall be exempt from the license fee requirements under this chapter.

(Ord. 247 (part), 1991).

"Sidewalk vendors," as defined in Government Code section 51036 and section 5.06.020 of the Arvin Municipal Code, shall be exempt from the requirements of this chapter and shall instead be regulated pursuant to title 5, chapter 6 of the Arvin Municipal Code.

(Ord. No. 459, § 3, 6-25-2019)