Buena Park Municipal Code Ch. 5.36 Solicitors, Transient Merchants and Peddlers

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Canvasser" or "solicitor"

means any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, 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 has, 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.

"Peddler"

means any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle or other vehicle or conveyance. The word "peddler" shall include the words "hawker" and "huckster."

"Transient merchant," "itinerant merchant" or "itinerant vendor"

means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, public room in hotels, lodginghouses, apartments, shops or any street, alley or other place within the city for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. The person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer.

(Prior code § 25-1)

No solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor shall engage in such business within the city without first obtaining a license therefor in compliance with the provisions of this chapter.

(Prior code § 25-2)

Applicants for a license under this chapter shall file with the chief of police a sworn application in writing on a form to be furnished by the chief of police, which shall give the following information:

A. The name and description of the applicant;

B. The permanent home address and full local address of the applicant;

C. A brief description of the nature of the business and the goods or services to be sold;

D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

E. The length of time for which the right to do business is desired;

F. The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed, and the proposed method of delivery;

G. A photograph of the applicant, taken within sixty days immediately prior to the date of filing of the application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

H. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any provision of this code or other city ordinance, the nature of the offense, and the punishment or penalty assessed therefor.

(Prior code § 25-3; amended during 1990 codification)

At the time of filing the application for a license under this chapter, a fee in an amount established by resolution of the city council shall be paid to the chief of police to cover the cost of investigation of the facts stated therein.

(Prior code § 25-4; Ord. 1225 § 10, 1988)

A. Upon receipt of an application for a license under this chapter, the chief of police shall cause such investigation of the applicant's business and moral character to be made as he or she deems necessary for the protection of the public good.

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 his or her disapproval and his or her reasons for the same, and shall 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 character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his or her approval, and execute a license addressed to the applicant for the carrying on of the business applied for. Such license shall contain the signature and seal of the issuing officer, and shall show the name, address and photograph of the licensee, the class of license issued, and the kind of goods or services to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such business.

D. The chief of police shall keep a permanent record of all licenses issued.

(Prior code § 25-5)

Prior to the issuance of a license under this chapter, the chief of police shall have first determined that the applicant has paid to the finance director the amount of the fees required under the provisions of Title 5 of this code.

(Prior code § 25-6; amended during 1990 codification)

All licensees under this chapter shall exhibit their licenses at the request of any citizen.

(Prior code § 25-7)

A. Licenses issued under the provisions of this chapter may be revoked by the chief of police, after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation or false statement contained in the application for a license;

2. Fraud, misrepresentation or false statement made in the course of carrying on his or her business;

3. Any violation of this code;

4. Conducting the business in an unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B. Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee, at the last known address of the licensee, at least five days prior to the date set for hearing.

(Prior code § 25-8)

All annual licenses issued under the provisions of this chapter shall expire on the thirty-first of December in the year when issued. Other-than-annual licenses shall expire on the date specified on the license.

(Prior code § 25-9)

Any person aggrieved by the action of the chief of police in the denial or revocation of a license shall have the right of appeal to the city council in accordance with the provisions of Section 5.00.320 of this title.

(Prior code § 2511; amended during 1990 codification)