Cathedral City Municipal Code Ch. 5.48 Peddlers

Note: Prior ordinance history: Ordinances 455, 506 and 554.

Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. As used in this chapter:

"Authority"

means the city manager or designee.

"Mobile unit"

means any vehicle, truck, trailer, wagon, bicycle, dray, or conveyance, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.

"Motor vehicle"

means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.

"Peddler,"

for purposes of this chapter, means and includes any person who travels by foot from door to door, house to house, place to place or business to business, carrying, or transporting food, goods, wares, merchandise or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who sells or offers the same for sale from any vehicle.

"Peddling"

means the act of being a peddler.

"Permittee"

means the holder of a peddler permit.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. There shall be exempted from the prohibitions of this chapter the activities of peddlers selling and soliciting sales of newspapers, magazines, periodicals, news publications or other printed matter from sidewalks abutting on public streets, except that no such peddler shall sell or offer for sale any newspaper, magazine, periodical, news publication or other printed matter while upon the roadway of any street or to passing motorists unless from a location adjacent to a clear, twenty-foot zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers or in a place or manner which would not unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic.

B. Peddlers shall be exempt from the provisions of this chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the city.

C. Persons engaged in garage or yard sales on private property shall be exempt from the provisions of this chapter.

D. The provisions of this chapter do not apply to sidewalk vendors as defined in Chapter 5.98 of this code or wholesale salespersons who sell to established places of business.

E. None of the fees provided for by this chapter shall be applied so as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler to place an undue burden on interstate commerce, he or she may apply to the authority prior to or within six months following payment of the fee for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the authority to determine the extent of the burden on interstate commerce. The decision of the authority may be appealed to the administrative hearing officer as provided in Section 5.48.160.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. It is unlawful for a person to engage in the business or activities of a peddler within the city except pursuant to and in strict compliance with a valid permit issued by the authority as provided in this chapter.

B. It is unlawful for any peddler permittee to allow any person who does not also have a peddler permit to work for, under the direction of, on behalf of, or as an agent of the permittee.

C. Every permittee must obtain a permit for each business if more than one business is being conducted. It is unlawful for a permittee to engage in any business not designated on the permit or to engage in any business for an employer not designated on the permit, unless and until the permittee obtains another permit for that business or employer.

D. The requirements for a permit under this chapter shall be in addition to the requirements of Chapter 3.28 of this code relating to business licenses.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. Every application for a peddler permit under this chapter shall be made on a form provided by the authority and shall contain the following information:

1. Name, date of birth, California driver's license or state identification card number, mailing address, and telephone number of applicant.

2. The name under which the peddler business or activity will be conducted, the address and telephone number of such business, and the name of the business owner.

3. The name, date of birth and address of each employee who will be engaged in the business or activity of peddler for the applicant, if any.

4. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling business or activity.

5. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the model, year and vehicle license number for each motor vehicle or mobile unit to be used in the applicant's business or activities. A dimensional drawing shall be included indicating the size of the vending equipment and any mobile unit to be used in the applicant's business or activities.

6. Plans for the collection, storage and disposal of litter which may result from the applicant's business or activities.

7. Location where the applicant intends to park or store any motor vehicle or mobile unit to be used in the applicant's business or activities.

8. A statement of the permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name in the city or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this chapter, and if so, the circumstances of such suspension, revocation or conviction.

9. A statement as to whether or not the applicant has been convicted of any criminal offenses, whether felony or misdemeanor, other than minor traffic violations during the three-year period immediately preceding the submittal of the application. As to any such offenses, the date and place of conviction, the nature of the offense, and the punishment or penalty imposed must be provided.

10. The applicant's consent to a fingerprint check by the chief of police or designee.

B. At the time the application is filed with the authority, the applicant shall present a California driver's license or other photographic identification issued by a state of the United States, or a United States federal agency or any other forms of identification acceptable to the city that establishes the applicant's age as eighteen or older.

C. At the time the application is filed with the authority, the applicant shall submit to being photographed and thumb-printed by the city for the identification badge which will be issued to the applicant upon permit approval.

D. At the time the application is filed with the authority, the applicant shall pay a fee sufficient to cover the cost to the city of processing the application. The amount of the fee shall be set by resolution of the city council. Legitimate, active nonprofit organizations may be exempt from the payment of the permit fee if the city council so provides for an exemption in the fee resolution.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

The authority shall grant the peddler permit within fifteen days after receiving the completed application if he or she finds that all of the following requirements have been met:

A. The required fees have been paid.

B. The application conforms in all respects to the provisions of this chapter.

C. The applicant has not made a material misrepresentation of fact in the application.

D. The applicant has not had a similar permit or license denied or revoked by the city within one year prior to the date of the application.

E. The applicant is not required to register in California as a sex offender.

F. The applicant has not been convicted, during the three year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including, but not limited to:

1. Burglary;

2. Robbery;

3. Theft;

4. Fraud or misrepresentation;

5. Receiving, possession or sale of stolen goods;

6. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity;

7. Any offense involving crimes of violence against any person, including, but not limited to, rape, abduction, sexual assault and seduction; or

8. Any offense involving indecent exposure.

G. The applicant has obtained any other applicable city or county permits, including any city or county health permit, required for the preparation and sale of food products.

H. The applicant has obtained a valid city business license and paid the appropriate business license fee.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. If the authority finds that any of the requirements of Section 5.48.050 have not been met, he or she shall deny the application for the peddler permit.

B. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application.

C. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the city signed or unsigned.

D. The decision of the authority to deny issuance of a peddler permit pursuant to this chapter may be appealed to the administrative hearing officer pursuant to the procedures set forth at Chapter 13.150, Permit and License Suspension, Modification and Revocation Procedures, of this code.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A.

1. Each peddler permit issued by the authority shall be subject to the terms and conditions set forth in this chapter and any additional conditions deemed reasonably necessary by the authority for the protection of the public health, safety or welfare.

2. Any permit issued to a peddler business or activity which the city deems to be attractive to children and which operates a motor vehicle or mobile unit shall be conditioned so as to require a plainly visible sign attached to such vehicle or mobile unit which states "CAUTION CHILDREN." The sign shall have yellow letters which are at least eight inches high on a white background and shall be located at the rear and front of the vehicle.

B. The provisions of this chapter shall constitute operating regulations conditioning each and every permit hereunder. It is unlawful for any permittee to engage in peddler business or activity in violation of these provisions.

C. Notwithstanding anything in this chapter to the contrary, no permittee shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley, or sidewalk, or which would unreasonably obstruct vehicular sight distances.

D. The following conditions and regulations shall also apply to the exercises of the privileges granted by permits issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code:

1. Every permittee must be in possession of the permit at all times when engaged in the business so permitted within the city. The permittee must produce and show the permit on the demand of any person solicited or of any public safety officer or official of the city. No permittee shall alter, remove or obliterate any entry made upon such permit or deface such permit in any way. Each permit shall be personal and not assignable and shall not be used by any person other than the permittee.

2. Every permittee shall be issued an identification badge upon issuance of the permit. Each permittee shall, at all times while so engaged, wear the identification badge in plain on the person's outermost garment, with the picture facing outward. The permittee must produce and show the identification badge on the demand of any person solicited or of any public safety officer or official of the city. No permittee shall alter, remove or obliterate any entry made upon such badge or deface such badge in any way. Each identification badge shall be personal and not assignable and shall not be used by any person other than the permittee.

3. Every permittee, upon the request of any public safety officer or official of the city, shall sign his or her name for comparison with the signature upon the permit or the signature upon the permit application.

4. Every peddler who solicits orders for future delivery shall, if requested by the customer, provide a receipt plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery.

5. Every peddler shall, if requested by the customer, provide his or her name, business address and telephone number and the name, business address and telephone number of the person, organization, or entity on whose behalf solicitation is being made.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. Any peddler permit issued pursuant to this chapter shall be valid for a period of one year from the date of issuance unless an earlier expiration date is noted on the permit.

B. A peddler permit issued pursuant to this chapter is not transferable.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. It is unlawful for any motor vehicle-based or mobile unit-based peddler to:

1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting such business at the request of a customer, at any place on a public street, sidewalk, parking lot, right-of-way, or other public place, or within five hundred feet thereof, for a total period of time exceeding ten minutes within any two-hour period.

2. Permit any motor vehicle or mobile unit from which his or her business is being conducted to stand or park when the posted speed limit on the public street, alley or highway is thirty-five miles per hour or greater.

3. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right-of-way, or other public place, within five hundred feet, measured along the traveled way of any public street or streets, of any school property or of any governmental building or facility.

4. Conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street.

5. Conduct his or her business or activity from a motor vehicle or mobile unit within two hundred feet of another motor vehicle-based or mobile unit peddler who has already stopped to conduct business.

6. No permittee shall stand or park or engage in the conduct of business when:

a. Any part of the motor vehicle or mobile unit other than the side of the vehicle or unit next to the right side of the street, alley or highway is open to prospective customers;

b. The motor vehicle or mobile unit is not stopped, parked or standing on the extreme right of the street, alley or highway;

c. The prospective customer is located on or in that portion of the street, alley or highway which is open to vehicular traffic;

d. The prospective customer is in a standing vehicle, or sitting in or operating another vehicle;

e. The motor vehicle or mobile unit is stopped, standing or parked in violation of any other provision of this code, or the California Vehicle Code;

f. The position or location of the motor vehicle or mobile unit interferes with the free passage of any vehicular or pedestrian traffic.

7. Mobile units being used in peddler business or activity shall have a gross weight of less than five thousand pounds.

8. No individual who drives or operates a mobile unit shall do any of the following:

a. Allow any minors to ride in or on the vehicle while it is in operation;

b. Allow more than two individuals to be in or on the vehicle while it is in operation;

c. Attempt to back up the mobile unit to make a sale.

9. All motor vehicles and mobile units being used in peddler business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit.

10. Except as authorized by the city council, no permittee may operate a business from a fixed location in or on any public street, sidewalk, public parking lot, right-of-way, or other public property unless permitted in accordance with this chapter.

B. Every permittee required to obtain a health department tag for a motor vehicle or mobile unit used for the conduct of business shall obtain and affix the tag prior to use of such vehicle or mobile unit.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

It is unlawful and a public nuisance for any permittee to engage in peddler business or activity prior to nine a.m. or after eight p.m. during all days of the week unless the permit issued is otherwise conditioned.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

It is unlawful and a public nuisance for any permittee to use record players, tapes, radios or other continuous noise making devices such as bells, chimes, gongs, whistles, sirens or other similar noise making devices while conducting business.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. It is unlawful and a public nuisance for any permittee to ring the bell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, dwelling, apartment, or other private property or public place within the city whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: "No Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a permittee has an appointment with an occupant(s) of such building.

B. It is unlawful and a public nuisance for any permittee to conduct the business for which he, she or it is permitted within the area defined in the downtown precise plan unless a special use permit is granted by the authority.

C. It is unlawful and a public nuisance for any permittee to refuse to leave any residence, dwelling, apartment, or other private property or public place within the city when requested by the owner, occupant, resident, manager, or other person in control thereof.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. Permittees may request in writing to the authority that a special use permit be issued to allow motor vehicles and mobile units operated by the permittee to stop for longer periods of time than permitted under this chapter.

B. A special use permit for the operation and use of mobile units in the downtown precise plan area may only be granted upon compliance with the following design guidelines. The downtown staff review committee will review and have approval authority on all mobile unit locations and design issues and shall impose any other requirement that it deems necessary to promote the aesthetics of the downtown.

1. Mobile units shall be of an aesthetic design and color(s) in keeping with adjacent properties or structures.

2. Signs (if any) shall be attached to the mobile unit and shall not exceed a total of twelve square feet in area (including canopy, awning, and umbrella signs, etc., but not including small menu signs). No sign shall exceed a maximum size of six square feet. The size of signs shall be in scale with the size and mass of the mobile unit.

C. When a special use permit is approved by the authority, the conditions of approval of the special use permit may take into consideration the regulations and standards of this chapter. However, the special use permit may supersede said regulations and standards at the discretion of the authority.

D. Special use permits may be granted for a period as specified in the zoning ordinance. Subsequent special use permits shall be required to submit a new application and related fees.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

The act or omission of any permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this chapter to be the act or omission of the permittee.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A. Any peddler permit may be revoked by the authority for good cause shown including, but not limited to, any of the following reasons:

1. Falsification of any information supplied by the permittee upon which issuance of the permit was based;

2. Failure of the permittee or any employee(s) or agent(s) of the permittee to comply with the regulations set forth in this chapter;

3. Permittee's conviction, at any time, of any offense involving moral turpitude or dishonesty, including, but not limited to, any of the following:

a. Burglary,

b. Robbery,

c. Theft,

d. Fraud or misrepresentation,

e. Receiving, possession or sale of stolen goods,

f. Any felony offense involving the sale of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code in conjunction with, or while conducting, peddler business or activity,

g. Any offense involving crimes of violence against any person, including, but not limited to, rape, abduction, sexual assault and seduction, or

h. Any offense involving indecent exposure.

B. The authority shall follow the procedures for revocation set forth at Chapter 13.150, Permit and License Suspension, Modification and Revocation Procedures, of this code.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

The decision of the authority to revoke a permit issued pursuant to this chapter is subject to judicial review as described in Section 13.150.210 of Chapter 13.150, Permit and License Suspension, Modification and Revocation Procedures, of this code.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A motor vehicle or mobile unit may be impounded and stored by a police officer, or by any other persons authorized to enforce this chapter pursuant to this code, in the course of an arrest of the operator for a violation of this code when the motor vehicle or mobile unit is to be used as evidence of the violation.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A violation of Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130 (B) of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Title 13 of the municipal code, including, but not limited to, the imposition of any and all administrative fines and the provisions of any other applicable regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

A violation of Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130 (B) of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute an infraction violation which shall be subject to the provisions set forth in Chapter 13.65 of the municipal code, including, but not limited to, the imposition of any and all criminal penalties set forth therein.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

Any person convicted of an infraction shall, for each are violation of this chapter, be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a second conviction of the same offense within a twelve-month period of the date of the first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the third conviction of the same offense within a twelve-month period of the date of the first offense. The fine for a fourth and subsequent convictions of the same offense within a twelve-month period of the date of the first offense shall be one thousand dollars.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

In lieu of issuing an infraction citation, the city may issue an administrative citation pursuant to Chapter 13.58 of the municipal code to any person responsible for committing, causing or maintaining a violation of Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130(B) of this chapter. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

Note: Former § 5.48.220, Administrative fine, derived from Ord. 611 and Ord. 867 was repealed by Ord. 892, 10/22/2025.

A violation of Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5.48.130 (B) of this chapter by the holder of any city permit and/or city license validly pursuant to this or any other chapter shall constitute grounds for modification, suspension and/or revocation of said permit and/or license pursuant to the provisions set forth in Chapter 13.150 of the municipal code.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)

Nothing in this chapter shall preclude the city from pursuing the remedies provided by the municipal code such as those remedies set forth in Chapter 13.140, including, but not limited to, denial or revocation of certificates of occupancy, issuance of a stop work orders and injunctive relief.

(Ord. 611 § 3, 2005; Ord. 867 § 2, 2023)