Buellton Municipal Code Art. VI Canvassers, Solicitors and Door-to-Door Salespersons

A. For the purpose of this article, a canvasser, solicitor, or door-to-door salesperson is any individual whether a resident of the city or not, who is engaged in the business of traveling either by foot, wagon, cart, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, from door to door, or from street to street, or by telephone selling or attempting to sell goods, wares, or merchandise or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual carries, or exposes for sale a sample of the subject of such sale, or whether he or she is collecting advance payments on such sales or not, or whether he or she is gathering information for contact by a sales representative at a later time.

B. As used in this section and in this article, "individual" means a single human acting on his or her own behalf or on the behalf of another person, including a transient merchant, as defined in Section 5.22.310.

(Ord. 11-01 § 4, 2011)

A. Those individuals who will engage solely in the business of selling or attempting to sell by use of a telephone, goods, wares, or merchandise or personal property of any nature whatever or services, or taking or attempting to take orders for sale of goods, wares, merchandise, or personal property of any nature what-soever for future delivery or for services to be furnished or performed in the future, or whether he or she is gathering information for contact by a sales representative at a later time, shall apply for a telephone solicitors license. Such license shall restrict the license to solicitation by telephone only and will differ from the solicitors license by having the restriction plainly printed across the face of the document.

B. Telephone Solicitor's License Fee—Investigation Fee. Notwithstanding Section 5.22.480(B), at the time of filing the application, a nonrefundable fee of $15 shall be paid to the finance director to cover costs of investigation of the facts stated therein. If a license is granted, the investigation fee of $15 shall be applied or credited to the license fee.

C. Notwithstanding Section 5.22.480(C), the license fee which shall be charged by the finance director for each license issued under the provisions of this section shall be $15 per year.

(Ord. 11-01 § 4, 2011)

No canvasser, solicitor or door-to-door salesman shall engage in such business unless (1) he or she has first secured a license as provided in this chapter, (2) nor during the time a license is revoked or suspended pursuant to Section 5.22.510, or (3) during the time an appeal is pending pursuant to Section 5.22.550.

(Ord. 11-01 § 4, 2011)

A. An applicant shall file with the finance director a sworn application in writing, in triplicate, in a form to be furnished by the finance director which shall give the information specified in Section 5.22.330. For purposes of this subsection, all references to transient merchant in Section 5.22.330, shall be deemed to mean canvassers, solicitors, or door-to-door salesman as defined in this article.

B. At the time of filing the application, a nonrefundable fee of $20 shall be paid to the finance director to cover costs of investigation of the facts stated herein. If a license is granted, the investigation fee of $20 shall be applied or credited to the license fee.

C. The license fee which shall be charged by the finance director for each license issued under the provisions of this article shall be $20 per year.

(Ord. 11-01 § 4, 2011)

A. Upon receipt of the application required by Section 5.22.480, two duplicate copies shall be referred to the sheriff, who shall cause such investigation of the applicant to determine if grounds exist for denial of such application.

B. If as a result of such investigation, the sheriff determines that grounds exist for denial of such application as are set forth in Section 5.22.500 for denial of the application, the sheriff shall endorse on a duplicate copy of the application his or her disapproval and his or her reasons for the same, and shall return the duplicate of the application to the finance director within 23 days after referral to the sheriff, and the finance director may notify the applicant that his or her application is disapproved and that no license will be issued.

C. If as a result of such investigation, the sheriff has not established ground for denial of the application, the sheriff shall endorse on a duplicate copy of the application his or her approval, and return said application to the finance director, who may within 30 days, after the application is referred to the sheriff upon payment of the prescribed license fee, deliver to the applicant his or her license.

(Ord. 11-01 § 4, 2011)

A. The finance director may deny an application for a license or for a license renewal on the grounds that the applicant has done any one of the following:

1. Been convicted of a crime within ten years of filing of the application. A "conviction" within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the finance director is permitted to take may be taken following the establishment of a conviction when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of subsequent order under the provisions of Section 1203.4 of the Penal Code. The finance director may deny a license pursuant to this subdivision only if the crime is substantially related to the qualifications, functions or duties of the business or profession for which application is made;

2. Done any act involving misconduct. "Misconduct" is defined for purposes of this subsection to mean conduct which includes, but is not limited to, rape, theft, arson, burglary, robbery, child molestation, assault or battery which endangers or places in danger a person's health, safety, welfare or property, if such misconduct relates to the qualifications, functions or duties of the business for which the application is made or for which the permit is issued;

3. Done any act involving dishonesty, fraud or deceit with the intent to materially benefit him or herself or another, or materially injure another;

4. Done any act which if done by an individual licensed pursuant to this would constitute grounds for suspension or revocation of the license;

5. Been required to register as prescribed by Penal Code Section 290 of Health and Safety Code Section 11590;

6. Has failed to pay any of the license fees required by this chapter; or

7. Has violated any provision of this chapter.

B. The finance director may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact required to be revealed in the application for such license.

(Ord. 11-01 § 4, 2011)

A. The finance director may suspend or revoke a license on the ground that the licensee has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued, or the ground of knowingly making a false statement of fact required to be revealed in an application for such license. A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action which the finance director is permitted to take following the establishment of conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provision of Section 1203.4 of the Penal Code.

B. The licensee has engaged in misconduct as defined in Section 5.22.500(A)(2);

C. The licensee has failed to pay license fees required by this chapter; or

D. The licensee has violated any provision of this chapter;

E. The applicant knowingly made a false statement of fact required to be revealed in the application for such license.

(Ord. 11-01 § 4, 2011)

The license shall be on a form approved by the finance director and the sheriff and may be in the form of a license or an identification card, or both such license and identification card.

(Ord. 11-01 § 4, 2011)

The applicant shall pay the license fee to the finance director and shall have a new photograph taken at the sheriff's office, if an identification card is required, prior to the expiration date on the license or identification card. The sheriff shall forward the new identification card or license to the finance director for issuance.

(Ord. 11-01 § 4, 2011)

Solicitors and canvassers shall exhibit at the request of any person their licenses when engaged in the business for which the license was issued. If an identification card is issued, the licensee shall prominently display the identification card on his or her person when engaged in the business for which the license is issued.

(Ord. 11-01 § 4, 2011)

Within 15 days after mailing of notification of denial, revocation or suspension of license under this chapter, an applicant may appeal such denial, revocation or suspension to the council, in writing, giving the reasons in full as to why the license should be issued over the finance director's denial, revocation or suspension. Evidence of the mailing of a copy of the appeal by the applicant to the sheriff and to the finance director shall be presented to the city clerk at the time the appeal is filed.

(Ord. 11-01 § 4, 2011)

The council shall set a date and time certain, within 60 days after receipt of applicant's appeal by the city clerk (or such longer time as may be determined by the council) to hear and consider the appeal of applicant. The clerk shall notify the applicant, the sheriff and the finance director of the time and place of such hearing.

(Ord. 11-01 § 4, 2011)

A. The council may issue subpoenas as provided in Government Code Section 25170 at the request of either the applicant or the finance director, for witnesses to appear at the hearing, with or without specified documents. All testimony at the hearing shall be given under oath or affirmation. The applicant and the finance director shall have the right to be represented by counsel. The applicant and the finance director shall each have the right to call and examine witnesses, to cross-examine witnesses, and to argue their respective position. The proceeding shall be informal and the strict rules of evidence shall not apply. All evidence shall be admissible which is of the kind that reasonably prudent persons rely on in making decisions.

B. The chair of the council shall determine the order of procedure and shall rule on all objections to admissibility of evidence. The applicant and finance director shall each be given a full and fair hearing. The council shall make its decision by majority vote, either at the end of the hearing, or at a date not more than 14 days after the close of the hearing. The decision of the city council shall be final.

(Ord. 11-01 § 4, 2011)

It shall be the duty of any police officer to require any person seen soliciting or canvassing and who is not known by such officer to be duly licensed to produce his or her solicitor's or canvasser's license or identification card and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 11-01 § 4, 2011)

A. The finance director shall have the authority to immediately suspend a license when it is apparent that the solicitor, canvasser, or door-to-door salesperson is creating a safety hazard or is interfering with the free flow of pedestrians or traffic. The seizing of the license by written advisement will constitute the suspension.

B. The suspension shall remain in force until such time as the finance director deems the hazard no longer exists. The licensee shall have the right of appeal of such immediate suspension in conformity with the provisions of Section 5.22.550.

C. Solicitors, canvassers, door-to-door salespersons failing to comply with a finance director's suspension of a license shall be in violation of Section 5.22.470.

(Ord. 11-01 § 4, 2011)