Colton Municipal Code Ch. 5.16 Peddlers, Solicitors, Canvassers

Footnotes:

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Editor's note— Ord. No. O-03-16, § 3, adopted Feb. 2, 2016, amended Ch. 5.16 in its entirety to read as herein set out. Former Ch. 5.16, §§ 5.16.010—5.16.220, pertained to solicitors—canvassers, and derived from Ord. 800, §§ 1—12, adopted in 1950; Ord. 1198, § 1, adopted in 1964; Ord. 1408, §§ 1, 2, adopted in 1972; Ord. 1535, § 1, adopted in 1978; and Ord. 1558, adopted in 1979.

A. A "Peddler" is defined as any individual, whether resident of the City or not, traveling either by foot, automobile, truck or any other type of conveyance, from place to place, from house to house or along the streets of the City, selling and making immediately delivery of, or offering for sale and immediate delivery of, any goods, wares, merchandise or anything of value, in possession of the person. "Good" shall include any items identified in Colton Municipal Code Section 12.44.010 as flowers, fruit and other perishable items.

B. A "Canvasser" or "Solicitor" is defined as any individual, traveling either by foot, automobile, truck or any other type of conveyance, from place to place, from house to house or along the streets of the City taking or attempting to take orders for Sale of Goods, wares or merchandise, Personal Property of any nature whatsoever for future delivery services to be furnished or performed in the future.

C. Such definitions shall not include solicitors or canvassers or peddlers taking orders or displaying merchandise exclusively from a public sidewalk or public pedestrian path in compliance with Chapter 5.17 of Title 5 of this Municipal Code.

(Ord. No. O-03-16, § 3, 2-2-2016; Ord. No. O-12-19, § 1, 11-5-2019)

It is unlawful for any Peddler, Solicitor or Canvasser as defined in Section 5.16.010 of this chapter to engage in such Business or activity within the corporate limits of the City without first obtaining a Permit and license therefor in compliance with the provisions of this chapter.

(Ord. No. O-03-16, § 3, 2-2-2016)

Applicants for Permit and license under this chapter must file with the City an Application in writing on a form to be furnished by the City Manager, or his or her designee, which shall give the Following information:

A. Name, address and telephone number of the Applicant; including:

a. The true and fictitious names, aliases and residences of the applicant if an individual; the true and fictitious names, aliases and residences of all members of the applicant if the applicant is a firm, association or partnership; the true and fictitious names, aliases and residences of the principal officers of the applicant if the applicant is a corporation; and

b. The birth date and social security number of each and every person enumerated in subdivision (a);

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

B. A brief description of the nature of the Business or activity, and the Goods or Services to be sold;

C. The length of time for which the right to do Business is desired;

D. A copy of the State of California Sales Tax Permit (Revenue and Taxation Code § 6066) for the applicant's activities as proposed in the application;

E. A copy of the articles of incorporation for the corporate entity or non-profit.

F. The geographic area(s) where the Goods or Services proposed to be sold, or orders taken for the Sale thereof, and the proposed method of delivery;

G. Such other reasonable information as to identify the background of the persons enumerated in division (A) as the Chief of Police may require, including but not limited to, fingerprints and photograph(s) of Applicant(s). The fingerprints shall be submitted via LiveScan™, or equivalent direct input process, to the California Department of Justice with criminal history results directed to the mnemonics of the Colton Police Department at least thirty calendar days in advance of the proposed activity;

H. A statement as to whether or not the Applicant has been convicted of any felony, misdemeanor, or Violation of any municipal Ordinance, within the past ten years, including the nature, place and date of any conviction for the offense and the punishment or penalty assessed therefor; and

I. If food products are sold, the applicant shall obtain a Health Permit issued by the County of San Bernardino, Division of Environmental Health Services ("county health department").

(Ord. No. O-03-16, § 3, 2-2-2016)

At the time of filing the Application a Fee in an amount to be determined by Resolution of the City Council Shall be paid to the City to cover the cost of investigation of the facts stated therein.

(Ord. No. O-03-16, § 3, 2-2-2016)

Upon receipt of such Application, the original shall be referred to the Chief of Police, who shall cause such investigation of the Applicant's Business and moral character to be made as he deems necessary for the protection of the public good. The applicant shall cooperate with the Police Department in conducting their investigation and shall, if requested, provide the Police Department with other documents and materials which may be requested that reasonably relate to the course of the department's investigation. Within forty-five calendar days of the date the application is filed with the City, the Chief of Police shall report to the issuing department recommending approval or denial of the permit and stating the reasons therefore.

(Ord. No. O-03-16, § 3, 2-2-2016)

Upon receipt of an Application, the City may issue a temporary Permit pending completion of the background investigation. Such Permit shall be revocable at any time and shall not be granted for a period exceeding one year.

(Ord. No. O-03-16, § 3, 2-2-2016)

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 disapproval and his reasons for the same, and return the Application to the Business License Officer Shall notify the Applicant that his Application is disapproved and that no Permit and license will be issued.

(Ord. No. O-03-16, § 3, 2-2-2016)

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 Approval for the carrying on of the Business applied for and return the Application to the Business License Officer who Shall, upon payment of the prescribed license Fee, issue the Applicant his Permit and license. Such license Shall and Shall show name, address and photograph of the licensee, the class of license issued and the kind of Goods 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 soliciting or canvassing. The Business License Officer Shall keep a permanent record of all permits and licenses issued.

(Ord. No. O-03-16, § 3, 2-2-2016)

No Permit as herein contemplated shall be issued to allow peddling, canvassing or solicitations before nine a.m. in the morning or after sundown.

(Ord. No. O-03-16, § 3, 2-2-2016)

Fees for a permit and license for Peddling, Soliciting, or canvassing in the City shall be as prescribed in Chapter 5.02 of this Title.

(Ord. No. O-03-16, § 3, 2-2-2016)

Whenever any person intends to peddle or solicit goods, wares, services or merchandise for the purpose of raising funds of soliciting donations for a tax exempt organization (i.e., registered 501(c)(3) organizations), said applicant may apply to the Business License Officer for a permit to be issued with payment of one-half of the adopted permit fee. No exemption shall be provided for the Police background check.

(Ord. No. O-03-16, § 3, 2-2-2016)

This chapter shall not apply to children, under the age of eighteen years, selling items without compensation for schools, charitable organizations, scouts, athletic teams, or other such organized fundraising events.

(Ord. No. O-03-16, § 3, 2-2-2016)

Every person to whom a permit and license has been granted shall display the permit in a conspicuous place, or on the front of his or her garment, at all times while peddling, soliciting or canvasing. Peddlers, Solicitors, and Canvassers are required to exhibit their licenses at the request of any citizen or Police Officer. Failure to display or exhibit the permit is a violation of this chapter.

(Ord. No. O-03-16, § 3, 2-2-2016)

It Shall be the duty of any Police Officer of the City to require any Person seen soliciting or canvassing, and who is not known by such Officer to be duly licensed, to produce his Peddler's, Solicitor's or Canvasser's license and to enforce the provisions of this chapter against any Person found to be violating the same.

(Ord. No. O-03-16, § 3, 2-2-2016)

The Chief of Police Shall maintain a record and report to the Business License Officer all convictions for Violation of this chapter and the Business License Officer Shall maintain a record for each license issued and record the reports of Violation therein.

(Ord. No. O-03-16, § 3, 2-2-2016)

Permits and licenses issued under the provisions of this chapter may be revoked by the Code Compliance and Housing Appeals Board after Notice and hearing, for any of the Following causes:

A. Fraud, misrepresentation, or false statement contained in the Application for license;

B. Fraud, misrepresentation or false statement made in the course of carrying on his Business as Solicitor or as Canvasser;

C. Any Violation of this chapter;

D. Conviction of any crime or misdemeanor involving moral turpitude; or

E. Conducting the Business of soliciting, or of canvassing, in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace of the health, safety, or general welfare of the public.

(Ord. No. O-03-16, § 3, 2-2-2016)

Notice of the hearing for revocation of a permit or 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 his last known address at least five calendar Days prior to the date set for hearing.

(Ord. No. O-03-16, § 3, 2-2-2016)

Any Person aggrieved by the action of Business License Officer in the denial of a Permit or license as provided in Section 5.16.060, or the action of the City in the assessing of the Fee as provided in Section 5.16.140 Shall have the right of Appeal to the Code Compliance and Housing Appeals Board. Such Appeal Shall be taken by filing with the City Clerk, within fourteen calendar Days after Notice of the action complained of has been mailed to such Person's last known address, a Written statement setting forth fully the grounds for the Appeal. The Code Compliance and Housing Appeals Board Shall set a time and place for a hearing on such Appeal and Notice of such hearing shall be given to the appellant in the same manner as provided in Section 5.16.200 for Notice of hearing or revocation. The Decision and order of the Code Compliance and Housing Appeals Board on such Appeal Shall be final and conclusive.

(Ord. No. O-03-16, § 3, 2-2-2016)

Any Person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine in accordance with the most recently adopted citation fee schedule.

(Ord. No. O-03-16, § 3, 2-2-2016)