Big Bear Lake Municipal Code Ch. 5.64 Peddling, Soliciting and Hawking

As used in this chapter, the following terms shall have the meanings set forth in this section:

A. "Hawking" means offering merchandise for sale on the streets by outcry or by attracting the attention of persons by exposing goods in a public place, or by placards, labels, or signals.

B. "Peddling" means selling merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door.

C. "Soliciting" means asking or inviting persons to pay money in return for merchandise or services to be delivered in the future, or asking for charitable donations.

(Ord. 87-155 (part), 1988)

Except as provided in Section 5.64.080 it shall be unlawful for any person to engage in the business of peddling or hawking goods, wares, merchandise, fruits or vegetables, or of soliciting orders for goods or services, or of offering services for repair or improvement of real property, or of soliciting donations for a charity in an open public place or door to door within the city.

(Ord. 87-155 (part), 1988)

A. Any person required by Section 5.64.080 of this chapter to have a license shall submit a written application in duplicate. The application shall be verified and shall contain the following information:

1. The name, address and telephone number of the applicant;

2. The supplier of the goods to be sold;

3. The place and date of any court judgment rendered against the applicant as a sex offender or as a defendant guilty of a criminal battery, fraud, burglary or theft;

4. A copy of the State Sales Tax Permit (California Revenue and Taxation Code § 6066) for the applicant's activities attached to the application;

5. A description of every type of merchandise or service that the applicant proposes to hawk, peddle or solicit;

6. A designation of the location or locations at which place or places the applicant proposes to hawk, peddle or solicit and the dates and time of the same.

B. Licenses shall be issued for a one-year period. Upon expiration of the license, the former licensee may apply for a new license in the same manner as a new applicant except that if the licensee applies for a new license before the old license expires, the old license shall remain in force until the city council either approves or denies the application for the new license. Upon obtaining a license issued pursuant to this section, the licensee shall keep the information current by immediately notifying the sheriff's office in writing of any change or occurrence which affects or changes the status of the licensee.

(Ord. 2002-329 § 1(s), 2002; Ord. 2002-326 § 1(part), 2002; Ord. 87-155 (part), 1988)

A. Upon the filing of the application required by Section 5.64.030 together with the fee, the clerk of the council shall transmit one copy to the sheriff's office. The sheriff's office shall report to the city council in writing recommending the approval or denial of the license and stating the reasons therefore. The city council shall not order the issuance of the license unless all of the following requirements are met:

1. The applicant has submitted a correct and complete application form;

2. The applicant has paid all required fees;

3. There is no known cloud upon the title to ownership of the goods to be sold;

4. The applicant has not had a judgment rendered against him as a violator of California law as a sex offender, as a person who has committed a criminal battery, burglary or theft, or as a person who has committed a fraud;

5. The time and place of the proposed licensed activities is in accordance with the regulations set forth in this chapter.

B. A license issued pursuant to this chapter will authorize the licensee to peddle or solicit or hawk in the locations and during the time designated in his application only, and when there is no interference with the free flow of vehicle traffic or obstruction of pedestrian traffic. The licensed person shall be permitted to do the licensed activity only during daylight hours. There shall be no licensed activity until the license is actually issued. The licensee shall not hawk goods from private property without written permission of the property owner obtained prior to the license being issued, and only from locations zoned to permit such commercial use, that is, the sale of such types of items, except that in no event shall hawking be conducted in areas where the property is zoned for residential uses (zoned R-1, R-1-DM, R-2, R-3, RR, DL, PUD, and R-1MS) or on any highway. Licensees shall comply with all applicable state law, including California Business and Professions Code Section 17510 et seq., and Health and Safety laws.

(Ord. 87-155 (part), 1988)

Any person required by this chapter to have a license shall pay to the tax collector of the city an annual license fee. The license fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing. Such payment shall be made in advance, and only in cash, certified check or money order.

(Ord. 2002-329 § 1(t), 2002; Ord. 2002-326 § 1(part), 2002; Ord. 87-155 (part), 1988)

Any person having a fixed place of business within the city shall not be required to obtain a license otherwise required by this chapter. "Fixed place of business" means any place where goods, wares, merchandise or services are offered to the public or such goods, wares and merchandise are stored for commercial purposes provided the operation of such business is not in violation of any applicable zoning, building, public health, or business license laws and such fixed place of business has been so operated for a period of at least sixty days prior to the time any peddling, soliciting or hawking is done.

(Ord. 87-155 (part), 1988)

No license shall be required of any commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale in this state or of farmers selling farm products produced by them.

(Ord. 87-155 (part), 1988)

Whenever any person intends to peddle or solicit or hawk goods, wares, services or merchandise for the purpose of raising funds for a recognized religious, scientific or charitable organization, or solicit charitable donations, said applicant may apply to the city council for a license to be issued without payment of the license fee. If satisfied that the funds will be used for the purposes mentioned herein, the council shall order the issuance of a license for said peddling for a term fixed by the council. The application fee shall be required for such a license.

(Ord. 87-155 (part), 1988)

Any license issued under this chapter shall be revocable for good cause after hearing before the city council. If a license is revoked, no fee paid shall be returned to the applicant.

(Ord. 87-155 (part), 1988)