Brentwood Municipal Code Ch. 5.48 Peddlers

A. Findings. The city council wishes to protect the city's residents and businesses from uninvited solicitors, peddlers and vendors to: (1) protect against criminal activity, including fraud and burglary; (2) minimize the unwelcome disturbance of residents and their privacy; (3) preclude solicitation and sales by individuals who have been convicted of certain crimes; (4) prevent the solicitation of funds in captive-audience areas; (5) preclude peddling where it would interfere with pedestrian and vehicular passage; and (6) generally preserve the public health, safety and welfare.

B. Purpose. The purpose of this chapter is to provide reasonable time, place and manner restrictions to serve the interests described in subsection A, while also protecting rights to freedom of speech.

(Ord. 912 § 2, 2013)

In this chapter:

"Department"

means the city police department.

"Peddler"

means a person who goes uninvited from door to door, or place to place, to sell, offer or solicit any thing or service, whether for present or future delivery. "Peddler" includes, but is not limited to, a hawker, itinerant merchant without a fixed place of business in the city, or solicitor proposing orders for future delivery or future service. A "peddler" shall not mean a sidewalk vendor as defined in Section 5.64.020 of the Brentwood Municipal Code.

"Person"

means an individual, a firm, corporation, partnership, association or any other organization.

(Ord. 912 § 2, 2013)

A. Permit Required. A peddler operating in the city must first have a peddler's permit, unless an exemption under subsection B applies. It is unlawful for a person who is not exempt to operate in the city as a peddler without a permit.

B. Exemptions. A peddler's permit is not required for those listed below. However, any person listed below shall comply with the applicable requirements of Section 5.48.090(B) through (F).

1. Peddling or soliciting by a non-profit organization (tax exempt organization under Internal Revenue Code Section 501(c)(3)) or on behalf of a public entity;

2. Peddling or soliciting by anyone under sixteen years old;

3. Selling to retail establishments;

4. A licensed real estate person;

5. Regular delivery routes (for example, newspaper, dry cleaning, groceries);

6. A person seeking only to inform or persuade others on issues, or collect signatures, where no immediate donation is requested or received;

7. A person who is otherwise exempt under state or federal law, who provides to the city evidence of entitlement to the exemption.

(Ord. 912 § 2, 2013)

A. Application. A person applying for a peddler's permit shall submit an application to the police department, on a form provided by the city. The application shall include the following information:

1. Applicant's name, permanent address and telephone number, birth date, driver's license (or other governmental identification), fingerprint (taken by the department) and two photos of passport quality for inclusion on the identification card;

2. If applicable, the name, address and telephone number of business under which applicant is operating, and the credentials establishing applicant's relationship to that business;

3. A brief description of the nature of the applicant's business and the product or service to be peddled, solicited or sold;

4. The length of time the applicant intends to operate in the city;

5. The location in the city where applicant intends to operate;

6. If a vehicle is to be used, a description of the vehicle and license number;

7. If food products will be sold, a statement whether the applicant has the necessary permits from the Contra Costa County environmental health department;

8. A statement whether or not the applicant has been convicted within the last five years of any felony or misdemeanor involving violence, injury to persons or property, theft, fraud or misrepresentation, with a brief explanation of the nature of the offense, time period and penalty imposed;

9. Other information which the police department considers necessary to process the application.

B. Application Fee. An applicant for a peddler's permit shall submit a nonrefundable application fee with the application. The fee shall be in the amount established by city council resolution to cover the costs of processing the application, and conducting a background check and investigation.

(Ord. 912 § 2, 2013)

A. Review of Application. Upon receipt of a complete application and fee, the department shall undertake an investigation and background check (live scan).

B. Decision. The department shall render its decision and either approve or deny the application within ten working days of receipt of live scan results. The department shall advise the applicant in writing of its decision. The application may be denied only if based on one or more of the grounds for denial set forth in subsection C of this section.

C. Grounds for Denial. The department may deny (or revoke under Section 5.48.070) a peddler's permit based on any one or more of the following reasons:

1. Failure to submit a complete application, with application fee;

2. Fraud or misrepresentation made in the application (or in the course of carrying on the business);

3. Conviction within the prior five years of a crime involving violence, injury to persons or property, theft, fraud or misrepresentation;

4. The proposed or actual sale or solicitation of illegal items;

5. Violation of this chapter or the terms of the permit.

(Ord. 912 § 2, 2013)

A. Permit and Term. The peddler's permit shall show the name and address of the applicant, the date of issuance and expiration, the name of the organization with which the applicant is affiliated (if applicable), the kind of goods or services to be sold, the applicant's signature stating his or her agreement to abide by the terms of the permit and this chapter, and a photo of the applicant. The maximum term of the permit is one year.

B. Display. The permittee shall carry the permit in a holder furnished by the city and shall display the permit in a prominent place on him or herself while operating in the city. On the request of a police or code enforcement officer, the permittee shall sign his or her name for comparison with the permit.

C. No Transfer. A peddler's permit may not be transferred from one person to another.

(Ord. 912 § 2, 2013)

The department may revoke a peddler's permit for any of the reasons set forth as grounds for denial of the permit (under Section 5.48.050(C)). A revocation shall be in writing, stating the reasons for the revocation. It takes effect at the time of personal delivery to the permittee, or upon its mailing to the permit tee's address as shown on the application.

(Ord. 912 § 2, 2013)

An applicant or permittee may request a hearing within ten calendar days of a denial or revocation as applicable, in writing. The department's patrol division captain or designee shall hold a hearing within ten calendar days, after giving at least five days' written notice of the time and place of the hearing to the permittee. In the case of a revocation, the permit is temporarily suspended during the time until the hearing date.

A decision of the department's patrol division captain, or designee, under this chapter may be appealed to the city manager. The person filing an appeal to the city manager shall do so in writing, within ten days after the decision being appealed, shall state specifically the grounds for the appeal; and pay a fee, set by city council resolution, for the processing of the appeal. If the city manager or designee rules in favor of the appellant, then the city will refund the appeal fee.

The city manager or designee, who may be a city hearing officer, shall hear the appeal within ten working days, after giving the permittee at least five days' written notice of the time and place of the hearing. The decision of the city manager or designee is final.

(Ord. 912 § 2, 2013)

Each person with a peddler's permit shall comply with the following requirements. Each person exempt from obtaining a peddler's permit shall, if applicable, comply with subsections B through F of this section. It is unlawful to fail to comply with the applicable portions of this section and/or the terms of a peddler's permit.

A. Display the permit as required by Section 5.48.060(B);

B. Not enter a residential property and attempt to contact the occupants by ringing a door bell, knocking on a door or by some other means; where there is a clearly visible sign stating "No peddlers or solicitors," or similar terms;

C. Not enter a residential property after sunset;

D. Maintain a current city business license under Chapter 5.04, unless exempt under Section 5.04.030 of this code;

E. Not engage in peddling at a fixed location (for more than thirty minutes) on any city property or on any public right-of-way, without a separate encroachment permit;

F. Not peddle:

1. Within fifteen feet of a bank or ATM,

2. In a public parking lot or garage after dark,

3. At any indoor or outdoor dining area,

4. Within three hundred feet of a school before four p.m. on a school day,

5. Within a public park, playground or recreational center, without a vendor permit under Section 7.02.215 of this code, or

6. At a location where pedestrian passage will be reduced to less than five feet.

(Ord. 912 § 2, 2013)

A first violation of this chapter within one year is an infraction. A second or more violation of this chapter within one year is a misdemeanor. Both are punishable as set forth in Section 1.16.010.

The city may also enforce a violation by any method permitted by law, including issuance of an administrative citation under Chapter 1.24.

(Ord. 912 § 2, 2013; Ord. 1065, 12/12/2023)