5-5 SOLICITORS AND PEDDLERS. [1]

1 Editor’s Note: This section was adopted by Ord. No. 15, §1[4]. For the statutory authority of cities to license hawkers, itinerant peddlers or vendors, see Bus. and Prof. Code, §16101; for the statutory provisions prohibiting minors under sixteen from engaging in peddling, see Labor Code, §§1308 and 1298 (girls eighteen and under); for the provisions exempting veterans, see Bus. and Prof. Code, §16102; for the authority to stop peddlers for a weights and measures check, see Bus. and Prof. Code, §12213.

As used in this section:

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

Peddler shall mean and include 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, caring, 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” shall mean and include the words “hawker,” “huckster” and “itinerant vendor.” “Peddler” shall also mean 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.

Person shall mean and include the singular and the plural and also means and includes any individual, firm, corporation, association, club, copartnership, joint venture, and any other organization.

Solicitor shall mean and include 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 he collects advance payments on such sales or not. “Solicitor” shall include any person who uses or occupies any building, structure, room, shop, conveyance or other place other than a permanent store building within the Town for the purpose of exhibiting samples and taking orders for future delivery. “Solicitor” shall include “itinerant merchants,” and persons soliciting funds or otherwise peddling or soliciting for religious, political or charitable purposes.

a. Permit Required . It is unlawful for any person to engage in the business of peddler or solicitor within the limits of the Town of Danville, or to go from door to door or house to house or street to street within the limits of the Town of Danville, 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 section.

b. Permit; Exceptions . Excepting paragraphs d., e., and f. of this subsection, this section 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 (75%) percent of all funds solicited to such religious, political or charitable purpose.

c. Permit; Veterans Exempted from Fees . 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 section, shall be issued the permit, if his 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 section 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 his employees, associates, partners or agents.

d. Permit; Restricted Premises and Hours . No person shall peddle or solicit;

1. At any premises which are posted with a clearly visible sign bearing the words “No Peddlers or Solicitors” or words of the same import; or

2. Between sunset and sunrise.

e. Permit; Soliciting on Vehicles . 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.

f. Permit; Activities Creating Nuisance . No solicitor or peddler, in the course of activities regulated in this section, 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.

a. Application for Permit; Contents . Application for the permit required by this section shall be by declaration under penalty of perjury in writing on a form to be provided by the Danville Police Department. 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, his interest in or relationship with such business, and if the applicant is employed, the name and address of his 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 subsections 5-5.2, paragraphs a. and d.;

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 (2) photographs, two inches by one (2” x 1”) inch in size, or similar, of the head and shoulders of the applicant; and the applicant’s right thumbprint.

a. Permit Issuance; Application Fee Required . At the time of making application for a permit, the applicant shall pay the Police Department an application fee of five ($5.00) dollars to reimburse the Town 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.

b. Permit Issuance; Health Officer Investigates . If the application is for a permit to peddle anything for human consumption, or anything which might endanger the public health, the Police Department 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 he 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 his approval or disapproval thereof (including his reasons for disapproval based on unsatisfactory results of his investigation), and return it to the Police Department.

As used herein, “Health Officer” includes any subordinate(s) he designates from time to time for any or all of his functions hereunder.

c. Permit Issuance; Applicant Investigation by Police Department . The Police Department 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.

d. Permit Issuance; Refusal Conditions . If the Police Department 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 [14] nor to a person employing person(s) under sixteen [16]), then the Police Department shall disapprove the application, noting their disapproval and its reasons thereon, notify the applicant thereof, and shall not issue a permit thereon.

e. Permit Issuance; Record Kept by Police Department . If, upon completion of the investigation, the application is approved, and after payment of all fees and posting of all bonds required by this section, the Police Department 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 Police Department 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.

f. Permit Issuance; Renewal Provisions . The permit shall be valid for not more than one (1) year from the date of issue and may be renewed thereafter without further Police Department investigation upon payment to the Police Department of a

renewal fee of five ($5.00) dollars together with the payment of all fees and the posting of all bonds required by this section, within one (1) month of the expiration date; provided that renewal shall be conditioned by the Police Department, if required, upon Health Officer review and approval as provided in paragraph b. of this subsection.

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

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

a. Fees and Bonds; Additional Fees .

1. 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:

(a) For each person engaging peddlers or solicitors, one hundred fifty ($150.00) dollars per year. In addition to this fee, five ($5.00) dollars shall be paid on account of each peddler or solicitor employed;

(b) For each person acting individually as a peddler or solicitor, sixty ($60.00) dollars per year, payable quarterly in the sum of fifteen ($15.00) dollars, for a three (3) month permit.

2. Interstate commerce exemption provisions shall be as follows:

(a) 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 paragraph a, 1.

(b) 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 Town of Danville Solicitors’ and Peddlers’ Law (Section 5-5) 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.”

(c) 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.

b. Fees and Bonds; Liability Insurance and Bond Requirements . 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 Danville Police Department a fifty ($50.00) dollar cash bond to guarantee that on termination of the activity the premises shall be left clean and sanitary. On termination the Police Department shall inspect the premises. If they have been cleared and left in a sanitary condition, the deposit shall be returned. If not, the Police Department 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 Police Department 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 ($5,000.00) dollars to protect adequately the interests of the Town and the public. This policy or bond shall bind the obligees that the applicant shall:

1. Fully comply with the provisions of this section and with the provisions of all other applicable regulations of the Town and Statutes of the State of California concerning the sale of any goods, wares, merchandise, or services subject to this section;

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 Town;

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 Town;

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 Town.

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 (90) days after the expiration of the permit and any renewal thereof.

5-5.6 Enforcement.

a. Enforcement Authority .

1. The Danville Police Department has primary responsibility to enforce this section; but the fees provided for herein constitute debts to the Town, and the Town may bring an appropriate civil action to collect them; and criminal and civil enforcement measures are cumulative and not mutually exclusive.

2. When the Police Department has reason to believe that any person soliciting funds for religious, political, or charitable purposes is not turning over not less than seventy-five (75%) percent of all funds solicited to such religious, political or charitable purposes, they 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 Police Department. 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 Police Department within ten (10) days of the date of delivery of or mailing such notice that at least seventy-five (75%) 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.

b. Enforcement; Permit Revocation . Any permit issued pursuant to this section may be revoked at any time by the Police Department 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 section;

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.

c. Enforcement; Appeal Hearing . Any person aggrieved by any action of the Tax Collector, Police Department or Health Officer taken pursuant to this section shall have the right to appeal to the Town Council. Such appeal shall be taken by filing with the City Clerk, within fifteen (15) 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 ground of such appeal. The City Clerk 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 his last known address at least ten (10) days prior to the date set for such hearing. The decision and order of the Town Council on such appeal shall be final.