Belvedere Municipal Code Ch. 5.08 Solicitors, Peddlers and Spokespersons

Sections:

• 5.08.010 Definitions.

• 5.08.020 License—Required.

• 5.08.030 License—Mandatory exemptions.

• 5.08.040 License—Application—Information and fee required.

• 5.08.050 License—Application—Investigation and issuance conditions—Registration.

• 5.08.060 License—Additional fee.

• 5.08.070 Hours when soliciting prohibited—Exceptions.

• 5.08.080 License—Revocation authorized when.

• 5.08.090 Registry of citizens who do not wish to be solicited.

As used in this Chapter, the following terms shall have the meanings set forth in this Section:

A. “Peddler” means and includes any person, whether a resident of the City or not, traveling either by foot or by any type of conveyance from place to place, from street to street, or from house to house, carrying or transporting goods, wares, merchandise, periodicals or personal property of any nature whatsoever and offering the same for sale.

• B. “Person” means and includes the singular and the plural, and also means any person, firm or corporation.

C. “Solicitor” means any person, whether a resident of the City or not, traveling either by foot or by any type of conveyance from place to place, from street to street, or from house to house, taking or attempting to take orders for goods, merchandise, periodicals, books, securities or personal property of any nature whatsoever, either for immediate or future delivery, or for services to be performed.

D. “Spokesperson” means any person, whether a resident of the City or not, traveling either by foot or by any type of conveyance from place to place, from street to street, or from house to house, who is imparting or attempting to impart information on any topic, whether or not such information is communicated verbally or nonverbally, whether or not the person represents a charitable organization, and whether or not the person solicits, requests, or accepts funds or other donations. (Ord. 95-1 § 1, 1995; Ord. 124 NS § 2, 1962; prior code § 15-1.)

It is unlawful for any peddler, solicitor or spokesperson, as defined by Section 5.08.010, to engage in such activity within the corporate limits of the City without first obtaining a license in compliance with the provisions of this Chapter. (Ord. 95-1 § 1, 1995; Ord. 124 NS § 1, 1962; prior code § 15-2.)

The fee required by this Chapter shall not be deemed or construed to apply to any person exempt by virtue of the Constitution or state or federal statutes from the payment to municipal corporations of such a fee. (Ord. 95-1 § 1, 1995; Ord. 77-23 § 1, 1977; Ord. 124 NS § 2.1, 1962.)

A. Applicants for a peddler’s, solicitor’s or a spokesperson’s license under this Chapter must file an application in writing on a form furnished by the City Clerk, and provide the following information:

1. Full name and permanent home address;

2. Local address and phone number;

3. Driver’s license or other reasonably satisfactory identification card number;

4. Date of birth;

5. Description of business, goods, merchandise, periodicals or personal property to be sold and services to be performed, or information which spokesperson intends to impart;

6. Name and address of employer or furnisher of goods or services to be solicited;

7. Whether or not the applicant has been convicted of any crime, the nature of the offense, and punishment, disposition or penalty assessed therefor;

8. Names of cities or counties in which similar permits have been applied for during the previous two years.

B. At the time of filing the application, the applicant shall pay to the City Clerk such fee as shall hereafter, from time to time, be fixed by City Council resolution to pay for the investigation of the applicant and processing of the application. (Ord. 95-1 § 1, 1995; Ord. 82-5 § 4, 1982; Ord. 124 NS § 3, 1962; prior code §§ 15-3.)

A. Upon 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 character to be made as he or she deems necessary for the preservation of the health and safety of the general public. Such investigation shall be completed and the application returned to the City Clerk within ten business days of the date of the application.

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 the reasons for the denial of the application, and return the said application to the City Clerk, who shall immediately mail written notification to the applicant that his or her application is denied and that no license will be issued. The Chief of Police may deny an application on the basis that the applicant has made false statements on the application, has been convicted of crimes involving fraud, trespass, or violence, or upon a finding that issuance of the license would jeopardize the health and/or safety of the general public.

C. If an application is denied, the applicant may appeal the denial to the City Manager within five days after the City Clerk mails the notice of denial. If the applicant fails to appeal within this time period, the police chief’s denial decision shall be deemed final. Appeals shall be made in the form of a letter to the City Manager. Within ten business days of the appeal, the City Manager shall endorse on the application whether he or she affirms or reverses the denial of the application, and return said application to the City Clerk, who shall immediately mail written notification to the applicant of the result of his or her appeal.

D. If as a result of the investigation or appeal of the application the character and/or business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, and return the application to the City Clerk who shall, upon payment of the prescribed license fee, deliver to the applicant a license and the registry of City residents described in Section 5.08.090. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued, the time limits mentioned in Section 5.08.070, the kinds of goods to be sold thereunder (if any), the amount of fee paid, the date of issuance, the length of time that the license is valid, as well as the license number and other identifying description of any vehicle to be used by the licensee in connection with activities under the license. The clerk shall keep a permanent record of all licenses issued.

E. A license issued under this Chapter shall be valid for two months from the date of issuance, unless it is revoked prior to that date or renewed. Licenses may be renewed for additional one-month periods up to a total of one year. Requests for renewal shall be submitted to the Chief of Police and shall identify any changes to the information provided in the initial application. Procedures for renewals shall be the same as those described in this Section and Section 5.08.040 for initial applications.

F. Each licensee must complete a registration of solicitation form at the City police department on each day he or she intends to conduct the activities defined in Section 5.08.010, prior to the commencement of such activities on that day. Each licensee must carry his or her license while conducting the activities defined in Section 5.08.010, and produce it on demand to a City police officer or citizen solicited. Licenses issued under this Chapter are not transferable. (Ord. 95-1 § 1, 1995; Ord. 76-3 § 1, 1976; Ord. 124 NS § 4, 1962; prior code § 15-6.)

Before delivering to the licensee a license under this Chapter, the City Clerk shall, if warranted, collect from the applicant, in addition to the fee provided in Section 5.08.040, the business license fee provided in the business license ordinance for such business. (Ord. 95-1 § 1, 1995; Ord. 124 NS § 5, 1962; prior code § 15-5.)

It is unlawful for any person to conduct the activities defined in Section 5.08.010 before the hour of eight a.m. or after the hour of nine p.m. on any day, except in cases where such person has been specifically invited to make a call during such hours. (Ord. 95-1 § 1, 1995; Ord. 124 NS § 7, 1962; prior code § 15-8.)

Licenses issued under the provisions of this Chapter may be revoked by the City Manager or his/her designee, after notice and hearing, for any of the following causes:

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

• B. Fraud, misrepresentation or false statement made in the course of conducting the activities defined in Section 5.08.010;

• C. Any violation of this Chapter;

• D. Conviction of any crime involving fraud, violence or moral turpitude by the licensee;

E. Conducting the activities defined in Section 5.08.010 in an unlawful manner or in such a manner as to constitute a breach of the peace or so as to constitute a menace to the health, safety or general welfare of the public. (Ord. 95-1 § 1, 1995; Ord. 124 NS § 6, 1962; prior code § 15-7.)

The City Clerk shall notify the residents of the City of the establishment of a registry that will list the addresses of all residents who do not wish to be the subjects of those activities defined in Section 5.08.010. No person shall solicit from another after the desire not to be solicited has been expressed. City residents can express such desire not to be solicited either by requesting inclusion in the registry or by the posting of a “No Soliciting” sign in plain view at their residence. (Ord. 95-1 § 1, 1995.)