Clearlake Municipal Code Art. 6-9 Itinerant Businesses; Permits; Regulations

It is in the best interests of the people of the City of Clearlake that persons who sell merchandise from door to door or solicit orders or contributions be of good moral character to ensure honest dealings and to provide sufficient identification to apprehend persons perpetrating fraudulent or dishonest acts upon the citizens of the City of Clearlake. (Ord. #216-2019, S5)

For the purposes of this section, the following words and phrases shall have the following meanings: ESTABLISHED PLACE OF BUSINESS is a fixed place, location or building, owned or leased by the person who uses such place, location or building as his permanent place of business. ITINERANT VENDOR is any person who has not established a place of business in the City and who either goes from door to door or place to place for the purpose of selling goods, wares or merchandise or who solicits orders for the sale of goods, wares or merchandise to be delivered at some future time or date or who solicits contributions for any charitable, social, fraternal or similar purpose, cause or organization. “Itinerant vendor” does not include “sidewalk vendors” as defined in subsection 6-4.1. (Ord. #216-2019, S5)

Except as otherwise provided in this article, it shall be unlawful for any itinerant vendor to engage in any of the activities set forth in subsection 6-9.12 hereof in the City of Clearlake, whether for himself or as an agent or employee of another, without having procured a permit in accordance with this article. (Ord. #216-2019, S5)

a. Before any permit shall be issued, application must be made to the Chief of Police and the applicant shall furnish his name, his permanent address, his temporary address if different from his permanent address, and full and complete information regarding the goods, wares or merchandise which he intends to sell. The applicant shall furnish the Chief of Police with his complete physical description, which shall include age, height, weight, color of hair and eyes. Applicant shall submit a four (4") inch by five (5") inch photograph of himself and complete the Live Scan fingerprint background check process through the California Department of Justice. The applicant is responsible for paying all fees associated with completion of the Live Scan process. b. If, prior to the making of application, the applicant has been arrested, the applicant shall furnish to the Chief of Police a complete record of such arrests and any fine or imprisonment for such offenses. c. If the applicant is other than self-employed, he or she shall show in his or her application the name and address, both permanent and temporary, of the person by which the applicant is employed or which he or she represents and the nature of business and character of goods, wares and merchandise which such persons sell or distribute. d. Each application shall be accompanied by a nonrefundable application fee in an amount to be set by resolution of the City Council. (Ord. #216-2019, S5)

a. Upon filing of a complete application for a permit, the Chief of Police or his or her designee shall verify all information submitted. Within five (5) working days of such filing, the Chief of Police or his or her designee shall submit requests to other agencies as he deems necessary. Within ten (10) days of receipt of all information necessary to verify the contents of the application and all of the provisions of this article having been met, the Chief of Police or his or her designee shall issue the permit. b. No permit shall be issued to any person who has been convicted of a crime of moral turpitude or who has furnished false information on the application. For the purposes of this section, crimes of moral turpitude shall include crimes involving the following actions: assault with intent to commit murder, attempted lewd acts on a minor, arson, burglary, child abuse, criminal threats, domestic violence when committed against your spouse, failure to register as a sex offender, felon in possession of a firearm, felony hit and run, grand theft auto, murder, perjury, possession for sale of controlled substances, rape, receiving stolen property, robbery, trespass with the intent to injure any property or property rights, or interference with the conduct of business, voluntary manslaughter, and welfare fraud. (Ord. #216-2019, S5)

The itinerant business permit issued by the Chief of Police pursuant to this article shall be substantially in the following form: ITINERANT BUSINESS PERMIT No. __________ ____________________ who is described below, is hereby authorized to engage in the Itinerant Business of ____________________ in the City of Clearlake, for a period of one year from the date of issuance of this permit. Sex ______________ Age ______________ Hair ______________ Height ______________ Weight ______________ Marks or scars ______________ Tele: ______________ Signature ______________ Address; Issued this ______________ day of , 20 VOID ONE YEAR AFTER DATE OF ISSUANCE

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Chief of Police (Ord. #216-2019, S5)

No permit issued hereunder shall be transferable and shall be used only by the person to whom it shall have been issued. (Ord. #216-2019, S5)

Every person who is issued a permit must keep the permit in his possession at all times and must, upon demand from a peace officer or other City enforcement official, exhibit such permit. (Ord. #216-2019, S5)

a. The Chief of Police is authorized to temporarily suspend the permit of any itinerant vendor under this article whenever it appears to him that the permittee shall have engaged in any acts involving moral turpitude including the actions listed in subsection 6-9.5b. b. Upon suspension the Chief of Police shall, within five (5) days, file with the City Council written charges against the permittee. c. The City Council shall set the matter for hearing and notify the permittee at least five (5) days before the hearing. d. The City Council shall have the power to revoke or temporarily suspend the permit for any such period as it may deem proper or revoke or annul such permit whenever in its judgment the permittee shall have engaged in any acts involving moral turpitude including the actions listed in subsection 6-9.5b. (Ord. #216-2019, S5)

This article shall not apply to merchants having an established place of business in the City, nor to wholesalers or their representatives, employees or agents calling upon retail business houses; nor to farmers and/or ranchers of the City or their employees selling farm products produced by such farmers and/or ranchers. (Ord. #216-2019, S5)

No itinerant vendor, who is engaged exclusively in soliciting orders as agent or representative of any person having its place or places of business outside the State of California, shall be required to pay a permit fee for a permit for itinerant vendor defined herein. (Ord. #216-2019, S5)

a. Itinerant vendors may operate in residential areas from 9:00 a.m. to 7:00 p.m. b. No person shall solicit for commercial purposes at any dwelling, including but not limited to a house, apartment, or condominium, where there is a sign indicating “No Solicitations,” “Do Not Disturb,” or otherwise indicating that the occupants do not wish to be solicited or in any other way have their privacy disturbed. c. Itinerant vendors shall not touch, come into physical contact with, or affix any object to any member of the public, without first receiving express permission therefor from such member of the public. d. Itinerant vendors shall not persistently solicit any member of the public after such member of the public expresses his or her desire not to be solicited.

e. Itinerant vendors shall not threaten any injury or damage to any member of the public who declines to be solicited. Itinerant vendors shall be required to obtain a general business license to operate. The application shall provide a mailing address and description of merchandise. The itinerant vendor shall have a copy of the business license at all times they are operating. (Ord. #216-2019, S5)