Burbank Municipal Code Art. 11 Peddlers, Solicitors

3-4-1101: DEFINITIONS:

As used in this article, unless the context otherwise clearly indicates:

ITINERANT MERCHANT: 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 within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, tent, public room in a hotel, lodging house, apartment or shop within the City, for the exhibition and sale of such goods, provided that such definition shall not be construed to include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be relieved from complying with the provisions of this code merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, or as a part of, or in the name of any local dealer, trader, merchant or auctioneer. "Itinerant Merchant" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk pursuant to a valid license issued pursuant to Article 27 of this chapter.

PEDDLER: 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, 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 travelling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad box car or other vehicle or conveyance. The word “peddler” shall not include a farmer or merchant selling vegetables, fruits, nuts, or unprocessed agricultural products, at a farmers’ market, sponsored by a nonprofit organization. The word “peddler” shall include the words “hawker” and “hucksters”. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid license issued pursuant to Article 27 of this chapter.

SOLICITOR OR CANVASSER: 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, conducting interviews or surveys for the purpose of determining marketing potential, taking or attempting to take orders for sale of goods, 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 they are collecting advance payments on such sales, or not, provided that such definition shall include any person who, for themselves, or for another person, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop, wagon, automotive vehicle, railroad box car or any other place within the City for the primary purpose of exhibiting samples and taking orders for future delivery. "Solicitor" or "Canvasser" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk pursuant to a valid license issued pursuant to Article 27 of this chapter. [Added by Ord. No. 20-3,947, eff. 1/8/21; repeals and replaces section formerly numbered Section 8-79; 3058; 2916, 2227.]

3-4-1102: PEDDLERS’ PERMITS, LICENSES AND FEES:

No person shall engage in the business of peddler without first obtaining a permit and license therefor from the Community Development Department and paying an application fee as required by Section 3- 4-1104 of this article and a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-80; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2492, 2434.]

3-4-1103: APPLICATION FOR PEDDLER’S PERMIT AND LICENSE:

In addition to the information required by Section 3-6-202 of this title, applications for a peddler’s permit and license shall contain the finger- and thumbprints of the applicant and of any persons employed by them as a peddler together with a photograph of applicant and of such persons taken within sixty (60) days immediately prior to the date of filing the application, which picture or pictures shall be one and one-half inches by one and one-half inches (1 1/2" x 1 1/2") showing the head and shoulders in a clear and distinguishing manner. Such applications shall also contain the social security number, the driver’s

license number, two (2) character references living in Los Angeles County, the arrest record and the name and address of the last employer of the applicant and each person employed by them as a peddler. [Formerly numbered Section 8-81; renumbered by Ord. No. 3058, eff. 2/21/87; 2434.]

3-4-1104: NECESSITY FOR APPROVAL OF CERTAIN PEDDLERS’ LICENSES:

Applications for a license to peddle baked goods, box lunches, unwrapped food products, fruits, vegetables or ice cream shall be referred to the Health Officer for approval. An applicant for such a license shall pay an application fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-82; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2492.]

3-4-1105: SOLICITORS’ PERMITS, LICENSES AND FEES:

A. In General: No person shall engage in the business of solicitor or canvasser without first obtaining a permit and license therefor from the Community Development Department and paying the prescribed application fee and license fee. Unless a blanket permit and license is obtained as hereinafter provided, each such solicitor or canvasser shall pay an application fee in the amount set forth in the Burbank Fee Resolution.

B. Adjustment of License Fees Due to Undue Burden on Interstate Commerce: None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, they may apply to the City Manager for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show their method of business and the gross volume or estimated gross volume of business and such other information as the City Manager may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Manager shall then conduct an investigation, comparing applicant’s business with other businesses of like nature and shall make findings of fact from which they shall determine where the fee fixed by this section is unfair, unreasonable or discriminatory as to the applicant’s business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the City Manager shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by subsection A of this section. Should the City Manager determine the gross sales measure of the fee to be the fair basis, they may require the applicant to submit, either at the time of termination of applicant’s business in the City, or at the end of each three (3) month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one fiscal year shall be required after the licensee shall have paid an amount equal to the license as prescribed herein.

C. Blanket Permit and License: Whenever any person necessarily employs, or wholesales goods to, solicitors or canvassers in the conduct of their business, they may, in lieu of the application fee and the license fee or fees required to be paid hereunder by such solicitor or canvasser, pay an application fee in the amount set forth in the Burbank Fee Resolution for each solicitor or canvasser and a blanket license fee in the amount set forth in the Burbank Fee Resolution per solicitor or canvasser so employed or engaged for the one year period commencing with date of issuance, provided they:

Make application for such blanket permit and license in their own name;
Furnish the City with assurances satisfactory to the Chief of Police that the solicitors or canvassers employed by them in their business, or associated with them as retailers of their goods, are of good character;
Agree to collect and remit any and all local sales and use taxes accruing on taxable sales made by such solicitors or canvassers, and to cause the required reports to be furnished in connection therewith; provided, however, that this shall not relieve the solicitors or canvassers themselves of any obligations they may have under the sales and use tax ordinance of the City if taxes are not collected and paid or reports made in connection therewith; and
Keep and maintain a current list of the solicitors and canvassers employed by them or associated with them as retailers, setting forth the name, address and criminal record, if any, of each such solicitor or canvasser, which list shall be furnished the Community Development Department or Chief of Police on request.
Verify that each solicitor and canvasser so employed or engaged carries a valid registration card, as hereinafter required. [Formerly numbered Section 8-83; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2434, 2194.]

3-4-1106: APPLICATION FOR SOLICITOR’S PERMIT AND LICENSE:

A. Individual Permit and License: In addition to the information required by Section 3-6-202 of this title, applications for an individual solicitor’s permit and license shall state:

Permanent home address and full local address of the applicant, and the address of the place or places where applicant has resided during the past five (5) years;
A brief description of the nature of the business and the goods to be sold;
If employed, the name and address of the employer, together with credentials establishing the exact relationship;
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 said application is filed, and the proposed method of delivery;
Two (2) photographs of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall be one and one-half inches by one and one-half inches (1 1/2" x 1 1/2") showing the head and shoulders of the applicant in a clear and distinguishing manner;
The finger- and thumbprints of the applicant, and the names of at least two (2) reliable property owners of the County, who will certify as to the applicant’s good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; and
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.

B. Blanket Permit and License: In addition to the information required by Section 3-6-202 of this title, applications for a blanket solicitor’s permit and license shall contain a statement setting forth the relationship between the applicant and their solicitors, the number of solicitors employed by them or associated with them as retailers in the City, and such other information as may be required. [Formerly numbered Section 8-84; renumbered by Ord. No. 3058, eff. 2/21/87; 2434.]

3-4-1107: NECESSITY FOR APPROVAL OF SOLICITOR’S PERMIT AND LICENSE:

Applications for a permit and license to engage in business as solicitor or canvasser shall be referred to the Chief of Police for approval. The Chief of Police shall cause such investigation of the applicant’s business and moral character to be made as they deem necessary for the protection of the public good. [Formerly numbered Section 8-85; renumbered by Ord. No. 3058, eff. 2/21/87; 2434.]

3-4-1108: REGISTRATION CARD:

A. When Required: Any person obtaining a blanket solicitor’s permit and license under subsection 3-4-1105C of this article shall obtain from the Community Development Department and furnish to each solicitor or canvasser employed by or associated with them, a registration card conforming to the requirements of this section.

B. Contents: Each registration card shall be identified by a serial number and shall contain the following: type of business; permit and license number; name of company or individual to whom permit and license is issued; and the name, physical description, photograph and signature of the individual to whom issued.

C. Surrender: Registration cards shall be returned to the Community Development Department upon termination of employment or within five (5) days after the expiration or termination of the permit and license, whichever first occurs. The person to whom the blanket permit and license issued shall also be responsible for compliance with this provision.

D. Replacement: In the event a registration card is lost, mutilated or destroyed, a replacement card may be issued by the Community Development Department upon satisfactory proof of such fact and the payment of a fee in the amount set forth in the Burbank Fee Resolution. Two (2) additional photographs of the person to whom the replacement card is to be issued shall be furnished by the applicant.

E. Possession And Display: The registration card shall be in the possession of the person to whom it is issued while engaging in the business activity authorized by the blanket permit and license and shall be shown, on demand, to any person solicited and to any person authorized to enforce the provisions of this article, or other provisions of this code, or State or Federal law. [Formerly numbered Section 8-86; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623, 2434, 2194.]

3-4-1109: ITINERANT MERCHANT’S LICENSE FEE:

Every person engaging in business as an itinerant merchant shall pay a license fee in the amount set forth in the Burbank Fee Resolution. [Formerly numbered Section 8-87; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03; 2434.]

3-4-1110: APPLICATION FOR ITINERANT MERCHANT’S LICENSE:

In addition to the information required by Section 3-6-202 of this title, applications for an itinerant merchant’s license shall state:

A. Proposed Place of Business: The place or places in the City where it is proposed to carry on applicant’s business, and the length of time during which it is proposed that said business shall be conducted;

B. Prior Places of Business: The place or places, other than the permanent place of business of the applicant, where applicant within six (6) months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;

C. Nature of Goods: A statement of the nature, character and quality of the goods to be sold or offered for sale by applicant in the City, the invoice value and quality of such goods, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed;

D. Nature of Advertising: A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the Community Development Department, copies of all said advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto;

E. Criminal Record: Whether or not the person or persons having the management or supervision of the applicant’s business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;

F. Credentials: Credentials from the person for which the applicant proposes to do business, authorizing the applicant to act as such representative; and

G. Identity of Applicant: Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant’s business or the method or plan of doing such business as the Community Development Department may deem proper to fulfill the purpose of this section in the protection of the public good. [Formerly numbered Section 8-88; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 2194.]

3-4-1111: CONDITIONS AND RESTRICTIONS FOR PEDDLING FROM MOTORIZED VEHICLES; EXCEPTIONS THERETO:

A. No person shall sell, offer for sale, or cause to be sold, from a motorized vehicle, any food, beverage, good, ware, merchandise or any other item within one thousand feet (1,000') of any property used as an elementary or middle school, from the hours of seven o'clock (7:00) A.M. to four o'clock (4:00) P.M. This section shall not apply on days when said schools are not in session or on any school property where said vending activities have been approved in writing by the principal or the principal’s designee.

B. The provisions of this section shall not be construed to prohibit any of the following:

Businesses or activities commonly known or designated as open air or farmers’ markets; or
Locations established for the principal purpose of Christmas tree or pumpkin sales; or
Any vendor who is expressly authorized to sell or provide food or beverage to the agents or employees of any person or entity who lawfully owns or occupies any private property or who is performing lawful construction on said property. [Added by Ord. No. 3333; Amended by Ord. No. 3806, eff. 5/6/11; 3371.]

3-4-1112: PEDDLING FROM NON-MOTORIZED VEHICLES PROHIBITED:

A. No person shall sell, offer for sale or otherwise cause to be sold any beverage, drink, good, ware, merchandise or other item from any pushcart or other non-motorized or self-propelled vehicle on any City sidewalk, street, unenclosed vacant lot or other public property unless they have obtained a valid City Sidewalk Vendor License or except as specifically permitted under Section 3-4-1115 of this Article and Article 27 of this Chapter.

B. Any pushcart or other non-motorized or self-propelled vehicle observed in violation of this section, together with its contents, may be seized and retained in custody by the enforcement agent(s) witnessing said violation, subject to the provisions set forth in subsection C of this section.

C. The seizure and retention of any pushcart or other non-motorized or self-propelled vehicle pursuant to the provisions of subsection B of this section, and/or its contents, shall be subject to the following procedural requirements:

Pursuant to any seizure and retention, the owner or person otherwise in lawful possession of any personal property seized and/or retained shall be provided written notice of said action, which shall include written notification of the seizure and retention, the Burbank Municipal Code section(s) authorizing said action, the applicable City department or official to whom contact may be made regarding return of said property and the specific procedures to be followed in connection with the return of said property.
Any request for the return of any personal property seized and retained pursuant to subsection B of this section shall be made in writing, and filed with the applicable City official and department charged with responsibility over the disposition of said property, or their designee.
Pursuant to any request for the return of any personal property seized and/or retained pursuant to subsection B of this section, the City official charged with responsibility over the disposition of said property, or their designee, shall either summarily return said property upon satisfactory proof of ownership and the payment of any applicable fees imposed pursuant to subsection C8 of this section, or schedule a hearing regarding the disposition of said property.
Any hearing regarding return of any personal property seized and/or retained pursuant to subsection B of this section shall be conducted within ten (10) business days of the filing of a request for return of said property with the appropriate City official and department, or their designee.
In the event a hearing on the return of any personal property seized and/or retained pursuant to subsection B of this section is required, the owner of said property seized and/or retained, or their designee, may present all relevant testimony and evidence in support of the return of said property.
Within two (2) business days of any hearing conducted regarding the disposition of any personal property seized and/or retained pursuant to subsection B of this section, the City official charged with responsibility for conducting said hearing, or their designee, shall render a decision and notify the owner or the owner’s designee of said decision.
In the event that no written request is filed pursuant to subsection C2 of this section requesting the return of any personal property seized and/or retained pursuant to subsection B of this section, said property shall be regarded as unclaimed and shall be governed by Sections 3-6-401 through 3-6-412 of this title.
Any return of property pursuant to this section shall be conditioned upon a satisfactory showing of lawful ownership or right to possession of said property, and may include the assessment of an impound fee equal to the reasonable cost to the City in storing or retaining said property, if any. In the event the owner or person in lawful possession of said property is adjudged not to have been in violation of any provision(s) of this section, no such impound fee shall be imposed. [Added by Ord. No. 3333; Amended by Ord. No. 20-3,947, eff. 1/8/21; 3371.]

3-4-1113: RESERVED:

[Deleted by Ord. No. 3371, eff. 6/18/94.]

3-4-1114: DISPLAY OF FOODS, MERCHANDISE, ETC.:

No person who sells, offers for sale or otherwise causes to be sold any food, beverage, ware, good, or merchandise from any motorized vehicle shall at any time display such items outside of said vehicle. [Added by Ord. No. 3333; Amended by Ord. No. 3371, eff. 6/18/94.]

3-4-1115: EXCEPTION; DOWNTOWN PEDESTRIAN DISTRICT:

A. The City Council finds that the Downtown Pedestrian District (hereinafter “the district”), which, for the purposes of this ordinance, is defined as that area comprised of the Central Business District Downtown Parking Area as defined in Section 10-1-1407.1 of this code, is a core area of the City. The Council further finds that the district has special properties facilitating its continued development as a pedestrian oriented multiple destination area and that such development is beneficial to the citizens of the City. In furtherance of these goals, the Council finds that certain peddling activities and street vendors will add to the ambiance of the district thereby facilitating the efforts to revitalize the district and to create a pedestrian oriented multiple destination area.

B. Accordingly, the provisions of this article shall not apply to any person engaged in selling or offering to sell any food, beverage, good, ware, merchandise or other item on public property where such person has been authorized by the Community Development Director to engage in such activity at that location pursuant to regulations established by the Community Development Director.

C. Regulations for peddling on public property in the district shall be established by the Community Development Director. Such regulations may relate to the quantity, location, appearance, safety, product mix, and mobility of the vendors and their pushcarts or other equipment used to peddle, if any. The Public Works Director shall identify those sites that are appropriate for peddling sites.

D. The Community Development Director shall issue permits to peddlers in accordance with the established regulations and at the locations determined to be appropriate by the Public Works Director. Permits issued by the Community Development Director may be conditioned by the Community Development Director as they deem appropriate to ensure that permit grantees conduct peddling activities in accordance with all applicable rules and regulations. Permit grantees must pay a permit fee as established in the Burbank Fee Resolution at or prior to the time of permit issuance. A permit shall not be valid unless the permit grantee complies with the requirements for, and obtains, an encroachment permit from the Public Works Director.

E. Nothing in this article shall be deemed to prohibit any peddling activities, or prohibit any person from operating or acting in the capacity of a “peddler”, as defined in Section 3-4-1101 of this article, during the occurrence of any lawfully permitted parade held within the City of Burbank. All regulations pertaining to the route, course or location of peddling activities shall be established exclusively by the Community Development Director or their designee. [Added by Ord. No. 3333; Amended by Ord. No. 3371, eff. 6/18/94.]

3-4-1116: EXCEPTION; PARADES, CARNIVALS AND FAIRS:

Sections 3-4-1111 through 3-4-1114 of this article shall not apply to any person engaged in selling or offering to sell food, drinks, goods, wares, or merchandise on public property in conjunction with a properly licensed parade, carnival or fair, where such person has been licensed or otherwise authorized by the Community Development Director to engage in such vending activity at that location pursuant to regulations established by the Community Development Director. [Added by Ord. No. 3337, eff. 4/10/93.]