Berkeley Municipal Code Ch. 9.40 Peddlers and Solicitors

For the purpose of this chapter certain words are defined as follows:

A. "Peddle" means to sell and make immediate delivery, or offer for sale and immediate delivery any goods, wares, merchandise or thing, in possession of the seller, at any place within the City other than from a fixed place of business.

B. "Peddler" means any person who peddles, as herein defined.

C. "Person" means an individual.

D. "Solicit" means to sell or take orders or offer to sell or take orders, for any goods, wares, merchandise or thing, for future delivery, or for services to be performed, at any place within the City other than a fixed place of business.

E. "Solicitor" means any person who solicits, as herein defined. (Ord. 2858-NS §§ 1 and 1.1--1.5, 1947)

The provisions of this chapter shall not apply to peddling or soliciting newspapers, ice, or to any person having a bakery route or milk and dairy products route.

The provisions of this chapter shall not apply to salesmen or agents for wholesale houses or firms who solicit orders from or sell to retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies. (Ord. 3657-NS (part), 1958; Ord. 2858-NS § 15, 1947)

It is 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. (Ord. 2858-NS § 2, 1947)

No person shall peddle or solicit in the City without a valid permit therefor. Application for such permit shall be made to the Police Department, and a fee of five dollars for each application to cover the cost of administering the permit procedure shall be paid to the tax and license administrator. Such application shall contain the name and address of the applicant, the name and address of the person whom they represent, the names and addresses of at least two references as to their moral character, honesty and integrity, a brief description of the nature of the business in which they are engaged, the kind of goods or property to be peddled or solicited for, and such other information as the Police Department may require. The applicant shall also furnish their fingerprints and thumb prints to be taken by the Police Department. (Ord. 4212-NS (part), 1966; Ord. 3988-NS (part), 1964; Ord. 3657-NS (part), 1958; Ord. 2858-NS § 3 (part), 1947)

The Police Department shall investigate the application and may deny the permit for any of the following causes:

A. Fraud, misrepresentation or any false statement made in the application;

B. If the applicant has been convicted of any felony or crime involving moral turpitude. (Ord. 4212-NS (part), 1966; Ord. 3988-NS (part), 1964; Ord. 3657-NS (part), 1958; Ord. 2858-NS § 3 (part), 1947)

If a permit is denied, the applicant may request a hearing by the City Manager in the time and manner provided in Section 9.40.110, and shall have a right to appeal the decision of the City Manager to the City Council in the time and manner provided in Section 9.40.120. (Ord. 4212-NS (part), 1966; Ord. 3988-NS (part), 1964; Ord. 3657-NS (part), 1958; Ord. 2858-NS § 3 (part), 1947)

If the permit is issued, it shall be delivered to the tax and license administrator, and no person shall receive such permit until they have paid the required business license tax or has established their right to an exemption from the payment of a business license tax. (Ord. 4212-NS (part), 1966; Ord. 3988-NS (part), 1964; Ord. 3657-NS (part), 1958; Ord. 2858-NS § 3 (part), 1947)

The permit shall show the name and address of such person, the name of the person they represent or by whom they are employed, if any, and the kind of goods or property to be peddled or solicited for. Such permit shall be valid for a period of one year and may be renewed for successive one year periods upon payment of a one dollar renewal fee for each such renewal. (Ord. 4212-NS (part), 1966; Ord. 3988-NS (part), 1964; Ord. 3657-NS (part), 1958; Ord. 2858-NS § 3 (part), 1947)

Permits 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. (Ord. 2858-NS § 4, 1947)

Permits issued pursuant to this chapter may be suspended by the Chief of Police for any of the following causes:

A. Fraud, misrepresentation, or any false statement made to the Police Department in furnishing the information required by Sections 9.40.040 through 9.40.080;

B. Any violation of this chapter;

C. Conviction of the permit holder of any felony or crime involving moral turpitude;

D. Conducting the soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to be a menace to the health, safety or general welfare of the people of the City. (Ord. 2858-NS § 6, 1947)

Five days after notice of suspension has been given to the permit holder, said permit shall be automatically revoked unless within the five-day period the permit holder requests a hearing by the City Manager. Application for such hearing shall be made upon forms to be furnished by the Police Department, and said hearing shall be held within fifteen days after the application is filed. Notice of the time and place of hearing by the City Manager shall be given to the applicant and to the Chief of Police. Within five days after said hearing, the City Manager shall make an order to:

A. Revoke the permit; or

B. Reinstate the permit. (Ord. 2858-NS § 7, 1947)

Any person aggrieved by the decision of the City Manager shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk a written statement of the grounds for the appeal within fourteen days after notice of the decision by the City Manager has been given.

The council shall set the time and place for hearing such appeal, and notice of such time and place shall be given by the City Clerk at least five days prior to the date set for the hearing. (Ord. 2858-NS § 8, 1947)

No permit shall be issued to any person who has had a permit revoked pursuant to this chapter except upon the applicant’s applying to the City Council and the council’s authorizing the issuance of the permit. (Ord. 2858-NS § 9, 1947)

Every solicitor or peddler, at all times while engaged in peddling or soliciting, shall have in their immediate possession their license and the permit issued to them under the provisions of Sections 9.40.040 through 9.40.080, and when so peddling or soliciting shall display the same upon demand of any police officer of the City and upon demand of any person to whom they are peddling or soliciting. (Ord. 2858-NS § 5, 1947)

Every vehicle used for peddling or soliciting shall have a windshield sticker furnished by the tax and license administrator attached to the windshield. In the event that such vehicle does not have a windshield, said sticker shall be attached in a conspicuous place in the operator’s compartment of said vehicle. (Ord. 4212-NS (part), 1966; Ord. 2858-NS § 14, 1947)

It is unlawful for any peddler or solicitor to represent by words, writing or action that they are some other peddler or solicitor, that they are a partner, employee or agent of any peddler or solicitor when in fact they are not the partner, agent or employee of such peddler or solicitor, or that they are the employee, representative, agent or partner of any person when in fact they are not the employee, representative, agent or partner of such person. (Ord. 2858-NS § 13, 1947)

It is 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 otherwise displayed to public view any sign containing any or all the following words: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on the premises. (Ord. 2858-NS § 11, 1947)

It is unlawful for any person to peddle or solicit before the hour of eight a.m. of any day, or after the hour of seven p.m. of any day. (Ord. 2858-NS § 10, 1947)

It is unlawful for any person to solicit for the employment of a watchman or patrolman. (Ord. 2858-NS § 12, 1947)

Any person violating any provision or failing to comply with any of the requirements of this chapter shall be deemed guilty of an infraction as set forth in Chapter 1.20 of this code. (Ord. 5591-NS § 1 (part), 1984; Ord. 2858-NS § 16, 1947)