Contra Costa County Municipal Code Ch. 56-4 Solicitors and Peddlers

"Person," as used in this chapter, means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, copartnership, joint venture, and any other organization.

(Ord. 1961: prior code § 6221(a): Ord. 1399).

"Peddler," as used in this chapter, means and includes any person who travels by foot or by any type of conveyance from door to door, house to house, place to place or street to street, carrying, conveying 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 without traveling from place to place sells or offers the same for sale from any vehicle or from any place not a permanent store building. "Peddler" means and includes the words "hawker," "huckster" and "itinerant vendor." "Peddler" also means a person offering goods, wares or merchandise for sale or future delivery from a fixed place of business if the goods, wares or merchandise are sold during a temporary or limited period of time, or seasonally.

(Ord. 1961: prior code § 6221(b): Ord. 1399).

"Solicitor," as used in this chapter, means and includes any person who travels either by foot or by any type of conveyance from door to door, house to house, place to place or street to street, taking or attempting to take subscriptions, contracts of sale, or orders for the sale of foods, goods, wares, merchandise or other personal property of any nature whatever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether the person collects advance payments on such sales or not. "Solicitor" includes any person who uses or occupies any building, structure, room, shop, conveyance or other place other than a permanent store building within the county for the purpose of exhibiting samples and taking orders for future delivery. "Solicitor" includes "itinerant merchants," and persons soliciting funds or otherwise peddling or soliciting for religious, political or charitable purposes,

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1961: prior code § 6221(c): Ord. 1399).

"Engaged in business" means the conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity.

(Ord. 71-110 § 8 (part), 1971: Ord. 1961: prior code § 6221(d): Ord. 1399).

Article 56-4.4. Permit—General Requirements

It is unlawful for any person to engage in the business of peddler or solicitor within the unincorporated area of the county, or to go from door to door or house to house or street to street within the unincorporated area of the county, for the purpose, direct or indirect, and whether or not the same is the sole purpose, of peddling or soliciting, without first obtaining a permit therefor as provided in this chapter.

(Ord. 1961: prior code § 6220: Ord. 1399).

Excepting Sections 56-4.408, 56-4.410 and 56-4.412, this chapter shall not apply to:

(1) Persons soliciting orders from or selling to retail dealers for use, or for resale, or to manufacturers for processing;

(2) Public agencies;

(3) Any person operating a regular route not less than once a week for newspapers or such goods as ice, or egg, dairy or bakery products, or for laundry or dry cleaning services;

(4) Persons regulated and required to be licensed by the state or any of its agencies, while these persons are actually engaged in the activity for which the license is required;

(5) Persons delivering or soliciting for a newspaper of general circulation;

(6) Growers or producers of any agricultural commodity sold or offered for sale on the premises where grown or produced;

(7) Persons soliciting funds or peddling or soliciting goods or publications for the sole and bona fide purpose of propagating a religious or political faith, doctrine or belief or for charitable purposes, provided that persons soliciting funds for such religious, political or charitable purposes turn over not less than seventy-five percent of all funds solicited to such religious, political or charitable purpose.

(Ord. 1961: prior code § 6222: Ord. 1452: Ord. 1399).

Every member of the armed services of the United States who has received an honorable discharge or has been released from active duty under honorable conditions, and who applies for the permit required in this chapter, shall be issued the permit, if the application is approved, without payment of the permit application fee, the permit renewal fee or the permit fee. The veteran shall be subject to all other requirements and conditions of this chapter without exception. This exemption shall not apply to any veteran engaging peddlers or solicitors or to any member of the veteran's family or to the veteran's employees, associates, partners or agents.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1961: prior code § 6226: Ord. 1399).

No person shall peddle or solicit at any premises which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words of the same import.

(Ords. 83-53, 82-59, 1961: prior code § 6227: Ords. 1399, 1346 § 7).

Any person who on any railroad train, steamboat or other vehicle solicits patronage for any hotel, vehicle or other business without first having obtained permission in writing from the owner, charterer, lessee or operator of the vehicle is guilty of a misdemeanor.

(Ord. 1961: prior code § 6231: Ord. 1399).

No solicitor or peddler, in the course of activities regulated in this chapter, shall create any public nuisance or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any act offensive to the senses.

(Ord. 1961: prior code § 6232: Ord. 1399).

Article 56-4.6. Permit—Application

Application for the permit required by this chapter shall be by declaration under penalty of perjury in writing on a form to be provided by the sheriff. The applicant shall give the following information and material:

(1) Name, birthdate and description of the applicant;

(2) Permanent home address and local address of the applicant;

(3) The name and address of the applicant's business, the applicant's interest in or relationship with such business, and if the applicant is employed, the name and address of the applicant's employer together with credentials establishing the exact relationship between the applicant and such employer;

(4) A brief description of the nature of the applicant's business and of the product or service to be peddled or solicited;

(5) If any food product or substance for human consumption is to be peddled, a statement certifying compliance with Sections 412-4.402 and 412-4.408;

(6) The length of time for which the permit to peddle or solicit is desired;

(7) A statement whether or not the applicant has been convicted of any felony, or of any misdemeanor involving the violation of any municipal ordinance regulating or taxing any business, or of any misdemeanor involving moral turpitude;

(8) Two photographs, two inches by one inch in size, or similar, of the head and shoulders of the applicant; and the applicant's right thumbprint.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1961: prior code § 6223: Ord. 1399).

Article 56-4.8. Permit—Issuance

At the time of making application for a permit, the applicant shall pay the sheriff an application fee of five dollars to reimburse the county for the cost of processing the application. No application shall be processed unless the application fee first is paid, and the application fee is not refundable.

(Ord. 1961: prior code § 6224(A): Ord. 1399).

If the application is for a permit to peddle anything for human consumption, or anything which might endanger the public health, the sheriff shall refer it to the health officer who shall investigate the applicant and the applicant's equipment, facilities, place of business and/or manner of operation of same, as the health officer deems necessary to protect the public health and welfare and to assure compliance with state and county sanitation laws and regulations. The health officer shall note on the application the health officer's approval or disapproval thereof (including the health officer's reasons for disapproval based on unsatisfactory results of the health officer's investigation), and return it to the sheriff.

As used herein, "health officer" includes any subordinate(s) the health officer designates from time to time for any or all of the health officer's functions hereunder.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 74-67 § 4, 1961: prior code § 6224(b): Ord. 1399).

The sheriff may make or cause to be made, within a reasonable time after the filing of each such application, an investigation of the moral character and business responsibility of the applicant.

(Ord. 1961: prior code § 6224(c): Ord. 1399).

* For sheriff, see Ch. 24-20, this code.

If the sheriff finds that the applicant:

(1) Has unsatisfactory moral character and/or business responsibility; or

(2) Has been convicted of a felony or of a misdemeanor involving moral turpitude or of any law regulating or taxing business; or

(3) Is under the age set forth in Labor Code Section 1298 (but no permit shall ever be issued to a person under fourteen nor to a person employing person(s) under sixteen), then the sheriff shall disapprove the application, noting the sheriff's disapproval and its reasons thereon, notify the applicant thereof, and shall not issue a permit thereon.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 71-110 § 8 (part), 1971: Ord. 1961: prior code § 6224(d): Ord. 1399).

If, upon completion of the investigation, the application is approved, and after payment of all fees and posting of all bonds required by this chapter, the sheriff shall issue or cause to be issued a permit addressed to the applicant for the carrying on of the business of peddler or solicitor, and the sheriff shall keep a record showing the number of each permit, the purpose for which it is issued, the name and address of the person to whom it is issued, and the dates of issue and expiration thereof.

(Ord. 1961: prior code § 6224(e): Ord. 1399).

The permit shall be valid for not more than one year from the date of issue and may be renewed thereafter without further sheriff's investigation upon payment to the sheriff of a renewal fee of five dollars together with the payment of all fees and the posting of all bonds required by this chapter, within one month of the expiration date; provided that renewal shall be conditioned by the sheriff, if required, upon health officer review and approval as provided in Section 56-4.804.

(Ord. 1961: prior code § 6224(f): Ord. 1399).

The permit shall not be transferred to or used by any person other than the applicant.

(Ord. 1961: prior code § 6228: Ord. 1399).

Every applicant shall, at all times when engaged in peddling or soliciting activities wear an identification card supplied by the sheriff attached to their clothing so that it is easily visible to persons the applicant deals with, and at all times carry the permit issued hereunder and exhibit it on request to any person.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1961: prior code § 6229: Ord. 1399).

Article 56-4.10. Fees and Bonds

(a) After the approval of a permit application, and before a permit may be issued, in addition to permit application fees and permit renewal fees, the following permit fees shall be payable to the tax collector:

(1) For each person engaging peddlers or solicitors, one hundred fifty dollars per year. In addition to this fee, five dollars shall be paid on account of each peddler or solicitor employed;

(2) For each person acting individually as a peddler or solicitor, sixty dollars per year, payable quarterly in the sum of fifteen dollars, for a three-month permit.

(b) Interstate commerce exemption provisions shall be as follows:

(1) Applicants whose peddling or solicitation consists exclusively of the solicitation of orders to be filled solely by interstate shipment on behalf of businesses who do not maintain a place of intrastate business in the state of California are exempt from the permit fee required by subsection (a).

(2) This exemption shall be claimed yearly by filing by the applicant with the tax collector the following declaration, under penalty of perjury:

"I declare that my business activity under the Contra Costa County solicitors' and peddlers' law (Chapter 56-4) will consist exclusively of the solicitation of orders to be filled solely by interstate shipment from businesses who do not maintain a place of intrastate business in the state of California."

(3) Applicants who claim this exemption shall receive a permit restricted to the solicitation of orders to be filled solely by interstate shipment from businesses who do not maintain a place of intrastate business in the state of California; any other peddling or soliciting by such persons without having first paid the permit fee and received an unrestricted permit is prohibited.

(Ord. 1961: prior code § 6225: Ord. 1399).

No person shall conduct any business or solicitation or sale of merchandise at a fixed location outside of a permanent building until a solicitor's permit is obtained. In addition to the permit fees and bonds otherwise required, such applicant shall deposit with the sheriff a fifty dollar cash bond to guarantee that on termination of the activity the premises shall be left clean and sanitary. On termination the sheriff shall inspect the premises. If they have been cleared and left in a sanitary condition, the deposit shall be returned. If not, the sheriff may order the necessary cleaning and pay for the work from the deposit, returning the balance, if any, to the applicant. In addition to the bond guaranteeing that the premises be left clean and sanitary, there shall be filed with the sheriff as to each and every such applicant, a liability insurance policy or bond executed by the applicant as principal and a surety company qualified and authorized to do business in California as surety, in the sum of five thousand dollars to protect adequately the interests of the county and the public. This policy or bond shall bind the obligees that the applicant shall:

(1) Fully comply with the provisions of this chapter and with the provisions of all other applicable regulations of the county and statutes of the state of California concerning the sale of any goods, wares, merchandise, or services subject to this chapter;

(2) Pay all judgments rendered against the applicant for injuries to persons and/or loss or damage to property resulting from the negligent operation of the business of the applicant within the county;

(3) Pay all judgments recovered by any person against the applicant arising out of any misrepresentation or deception practiced upon any person transacting business with the applicant as a peddler or solicitor within the county;

(4) Pay all judgments recovered by any person against the applicant arising from or connected with the applicant's activities as a peddler or solicitor within the county. The policy or bond shall also provide that any person injured by negligent operation of the business or having a claim or cause of action arising from the licensed activity, shall have a right of action directly on the policy or bond. Such policy or bond shall remain in full force and effect for a period of ninety days after the expiration of the permit and any renewal thereof.

(Ord. 1961: prior code § 6230: Ord. 1399).

Article 56-4.12. Enforcement

(a) The sheriff has primary responsibility to enforce this chapter; but the fees provided for herein constitute debts to the county, and the county may bring an appropriate civil action to collect them; and criminal and civil enforcement measures are cumulative and not mutually exclusive.

(b) When the sheriff has reason to believe that any person soliciting funds for religious, political, or charitable purposes is not turning over not less than seventy-five percent of all funds solicited to such religious, political or charitable purposes, the sheriff shall give notice by personal delivery or mail to any such person soliciting funds or to the religious, political or charitable organization, at whatever addresses are then known to the sheriff. Upon receipt of such notice, further solicitation without a permit is prohibited unless the person soliciting funds or the religious, political, or charitable organization gives proof satisfactory to the sheriff within ten days of the date of delivery of or mailing such notice that at least seventy-five percent of all funds solicited are being turned over to such religious, political, or charitable organization and that the organization is a bona fide religious, political, or charitable organization.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1961: prior code § 6233: Ord. 1399).

Any permit issued pursuant to this chapter may be revoked at any time by the sheriff for any of the following reasons:

(1) Fraud, misrepresentation or false statement contained in the application for a permit, or in the interstate commerce exemption declaration;

(2) Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such permit;

(3) Violation of any provision of this chapter;

(4) Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public;

(5) Conviction of any crime involving moral turpitude;

(6) Finding of any fact, that if known, would have prevented the issuance of the permit;

(7) Failure to pay any judgment arising from or connected with the activities authorized by the permit;

(8) Revocation or suspension of any required health department permits.

(Ord. 1961: prior code § 6234: Ord. 1399).

Any person aggrieved by any action of the tax collector, sheriff or health officer taken pursuant to this chapter shall have the right to appeal to the board of supervisors. Such appeal shall be taken by filing with the county clerk, within fifteen days after notice of the action complained of has been mailed or delivered to such person, a written statement giving the appellant's name and address and setting forth fully the grounds of such appeal. The clerk of the board of supervisors shall set a time and place for a hearing on such appeal and shall promptly give notice of such hearing to the appellant in writing, delivered or mailed, to the appellant at the appellant's last known address at least ten days prior to the date set for such hearing. The decision and order of the board of supervisors on such appeal shall be final.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 1961: prior code § 6235).