Camarillo Municipal Code Ch. 5.32 Commercial Solicitations—permit Procedures

For purposes of this chapter, the following definitions apply.

"Applicant" means the person applying for a solicitation permit on behalf of the permit holder.

"Canvassing" means to the gathering of information that is then used in an attempt to sell a product or service.

"Commercial solicitation" means the:

1. Selling, peddling or hawking of, or the soliciting, canvassing or taking orders for, goods, wares, newspapers, magazines, books, merchandise, services, including real estate, or any other items or exchanges of value;

2. Distribution of advertising material or samples where the person distributing the material or samples enters the property of another or makes or attempts to make contact or discuss the material or samples with the person to receive it;

3. "Commercial solicitation," as defined in this section does not include solicitations by telephone, solicitations through the United States mail, nor solicitations or sales by commercial travelers or selling agents selling their goods wholesale to dealers by sample for future delivery.

"Commercial solicitor" means a person engaged in commercial solicitations.

"Permit holder" means the organization or group on whose behalf solicitations will be made.

(Ord. 802 § 1 (part), 1994.)

No person shall directly or indirectly engage in commercial solicitations unless a valid permit has been issued to that person pursuant to the provisions of this chapter.

(Ord. 802 § 1 (part), 1994.)

A. Applications for commercial solicitation permits shall be made to the director upon forms prescribed by the city. The application shall be declared to under penalty of perjury and filed with the director not less than ten working days prior to the time at which the permit applied for shall become effective; provided, however, the director, for good cause shown, may allow such filing less than ten days prior to the effective date of the permit applied for.

B. An application fee may be required in an amount to be set by resolution of the city council, based upon the administrative costs in processing the application and issuing the permit.

C. Such applications shall contain the following information and documentation:

1. The full name, mailing address, principal business and residential address, telephone number, date of birth and physical description of the person applying for the permit;

2. If the applicant will be engaged in commercial solicitations on behalf of a person, corporation, company or other such organization, the name, street address and telephone number of the organization's principal officers and executives;

3. The name, street address and telephone number of the person who will be in charge of conducting the solicitation;

4. When door-to-door solicitations of residences are to be made, a statement that the applicant has not been convicted of any of the crimes specified in Section 5.32.100;

5. A statement that the applicant is aware of the provisions of state law relating to home solicitation contracts;

6. A statement that the applicant has received and read a copy of this chapter;

7. A short outline of the method or methods to be used in conducting the solicitation;

8. The time when such solicitation will be made, including preferred dates and hours of the day for commencement and termination of solicitations;

9. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement by the city or any department or officer thereof; and

10. A passport-sized photograph of the applicant no more than one year old.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the director in writing thereof within twenty-four hours after such change.

E. The director shall cause an investigation to be conducted by the appropriate departments within the city and a state and local background check as set forth in Section 5.08.040.

F. The application documents shall be available for public inspection.

(Ord. 802 § 1 (part), 1994.)

A. The director shall issue the permit, unless he/she finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so;

2. The applicant has not provided the information required by this chapter and fails to provide the missing information after being requested to do so;

3. The application indicates that the proposed commercial solicitation will violate any of the requirements of this chapter and the applicant fails to amend the application to indicate compliance with said sections after being requested to do so; or

4. An applicant proposing to conduct door to door solicitation has been convicted of any of the crimes set forth in Section 5.32.100.

B. Nothing set forth in this chapter shall be construed as granting to the director or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this chapter.

C. The director shall either issue or deny the requested permit within ten working days after the date the application is made. In the event of denial, the director shall give the applicant a written notice which states with specificity the reasons therefor. In the event the director fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall be in a form prescribed by the city and shall include the following information in addition to such information as may be required by Chapter 5.08.

1. The name of the permit holder;

2. The dates for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers, or employees, of the purpose of the solicitation;

4. A permit number;

5. The signature of the director; and

6. The photograph of the applicant which shall be affixed by the city to the backside of the permit.

(Ord. 802 § 1 (part), 1994.)

Permits issued under this chapter shall be subject to renewal at the same time as the corresponding business tax certificate for the commercial solicitation business.

(Ord. 802 § 1 (part), 1994.)

On or before the expiration of any permit, and if requested in writing to do so, the director shall renew the permit within ten days after such request, if the factual information upon which the original application was granted remains unchanged. On such request for renewal, the applicant shall state that no change has occurred since the issuance of the original permit.

(Ord. 802 § 1 (part), 1994.)

No permit issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.

(Ord. 802 § 1 (part), 1994.)

A. Commercial solicitations pursuant to permits under this chapter:

1. Shall take place only between the hours of eight a.m. and nine p.m.;

2. Shall not be conducted by any person under the age of sixteen years, unless supervised by an adult and in compliance with all laws of the state. In such case the supervising adult shall apply for the permit and notwithstanding subsection C of this section, each minor shall carry a valid reproduction of the permit; and

3. Shall not be made at any house, apartment or other dwelling unit, nor at any business where a sign is posted indicating "no solicitors" or similar indication that no solicitation contact is desired by the occupants thereof.

B. No solicitor shall:

1. Affix any object to the person of any member of the public without first receiving express permission therefor;

2. Persistently and importunely engage in commercial solicitation with the person being solicited after he or she has indicated that he or she is not interested in the commercial solicitation;

3. Intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place or any place open to the public generally.

C. Each solicitor shall carry the permit issued pursuant to this chapter and shall show the same to any person upon request.

(Ord. 802 § 1 (part), 1994.)

Upon request, the permit holder shall issue to the customer a written receipt for the sale or order of any goods, wares, newspapers, magazines, books, merchandise, services or any other item or exchange of value, which receipt shall be signed by the permit holder and shall plainly indicate his or her name, the permit number, the date, the items or services purchased and the amount received.

(Ord. 802 § 1 (part), 1994.)

A. No person shall conduct commercial solicitations at residences if that person has been convicted of or plead no contest to any of the following crimes, or convicted of an attempt or conspiracy to commit any of the following crimes, as defined in the California Penal Code: murder, mayhem, kidnapping, robbery, assault with intent to commit a felony, assault, battery, rape, arson, burglary or possession of a deadly weapon; or if that person has been convicted of or plead no contest to a serious crime involving moral turpitude.

B. No person shall conduct commercial solicitations at residences if that person has been convicted of or plead no contest to charges involving a controlled substance, as defined in California Health and Safety Code Sections 11054, 11055, 11057 or 11058.

C. No person shall conduct commercial solicitations at residences if that person is required to register as a sex offender pursuant to California Penal Code Section 290.

(Ord. 861 § 4, 1996: Ord. 802 § 1 (part), 1994.)

Revocation of a permit issued pursuant to this chapter shall be as provided for in Section 5.08.050.

(Ord. 802 § 1 (part), 1994.)

Appeals from any decision of the director are subject to the procedures provided in Section 5.08.060.

(Ord. 991 § 6, 2006: Ord. 802 § 1 (part), 1994.)