Delano Municipal Code Ch. 6.24 Solicitors

Footnotes:

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Editor's note— Ord. No. 2020-1313, § 3, adopted March 16, 2020, renamed Chapter 6.24 from peddlers, solicitors, hawkers and itinerant merchants to solicitors.

Prior ordinance history: Ords. 566 and 739.

The purpose of this chapter is to protect the public health, safety and welfare by regulating commercial solicitations within the city.

(Ord. 973 § 1(part), 1995).

The following words and phrases shall, for the purposes of this chapter, have the meanings ascribed to them by this section:

"Applicant" means either a principal or his agent who is applying for a commercial solicitation permit.

"Business license department" means the city finance department for the city.

"Commercial canvasser" means a person who conducts a poll or survey or who otherwise canvasses from door to door within the city for commercial purposes.

"Commercial solicitation" means the conducting, managing or carrying on of the activities of a commercial solicitor or commercial canvasser as defined in this section. "Commercial solicitation" as defined in this section does not include solicitation by telephone or solicitation through the United States mail.

"Commercial solicitation permit" means a permit issued to a commercial solicitor or commercial canvasser by the business license department under this chapter.

"Commercial solicitor" means any person who travels either by foot, vehicle or any other type of conveyance from door to door, house to house, 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 whatsoever 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 or not he collects advance payments on such sales. The word "solicitor" shall include any person who uses or occupies any vehicle, conveyance, structure or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery.

"Permittee" means any person who has been issued a commercial solicitation permit by the business license department.

"Person" means any individual, firm, partnership, corporation, company, association, joint-stock organization, society, organization or league and shall include any agent, trustee, receiver, assignee or other similar representative thereof.

"Residential property" means a building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments.

(Ord. 973 § 1(part), 1995).

(Ord. No. 2020-1313, § 3, 3-16-2020)

It is unlawful for any person to engage in door-to-door commercial solicitation at or upon residential property or nonresidential property within the city, or to engage in commercial solicitation in city parks, on public sidewalks and other rights-of-way or other city property without first obtaining a commercial solicitation permit from the business license department. This requirement shall not apply to activities specifically exempted by Section 6.24.040 of this chapter.

(Ord. 973 § 1(part), 1995).

A. The provisions of Section 6.24.030 shall not apply to any of the following:

1. Persons soliciting orders from or selling to retail dealers for use or for resale, or to manufacturers for processing or other manufacturing purposes, or to bidders for public works or supplies;

2. Persons delivering or soliciting subscriptions for a newspaper of general circulation;

3. Groups that operate under a nonprofit exemption.

B. In the event that a dispute arises between the business license department and a person planning to conduct, or conducting a commercial solicitation, as to whether such activity falls within the permit exemption provided in subsection A of this section, the person shall have the right of appeal to the city manager. Such appeal shall be in writing and shall describe the planned commercial activities, and any other evidence tending to establish that the planned activity falls within one of the permit exemptions. The city manager shall determine whether the proposed solicitation is exempt from permit requirements under subsection A of this section within ten business days after the filing of a commercial solicitation appeal.

(Ord. 973 § 1(part), 1995).

An application under penalty of perjury on a form supplied by the city or a commercial solicitation permit shall be filed with the business license department which shall contain the following information:

A. The name and physical description of the applicant;

B. Permanent home address and telephone number of applicant;

C. Permanent business address and telephone number of applicant;

D. Local residence and business address if different from subsections B and C of this section;

E. A brief description of the business activity to be conducted, including a descriptive list of all items to be offered for sale;

F. If employed, the name, address and telephone number of the employer. If acting as an agent, the name, address and telephone number of the principal who is being represented;

G. The length of time for which the right to do business is desired;

H. A photograph of the applicant taken within sixty days immediately prior to the date of filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguished manner;

I. A statement as to whether or not the applicant has been convicted of any criminal offense anywhere, whether felony, misdemeanor or infraction, other than minor traffic violations. As to any such conviction, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefor;

J. Proof of possession of any license or permit which under federal, state or local laws or regulations the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter;

K. The year, model and license number of any motor vehicle(s) which will be used during the course of commercial solicitation and the applicant's driver's license number.

(Ord. 1076 § 1(part), 2002; Ord. 973 § 1(part), 1995).

If while the application is pending or during the term of any permit granted, there is a change in fact which would alter the information provided in the application form, the applicant shall notify the business license department within one business day of such change.

(Ord. 973 § 1(part), 1995).

A. The applicant shall be photographed and fingerprinted by the city.

B. The finance director shall make, or cause to be made, such further investigation of the applicant as the finance director deems necessary. Upon the finance director's request, the applicant shall make available for inspection all of the applicant's books, records and papers, at any time before the permit is issued, during the time the permit is in effect, or after the time the permit has expired.

(Ord. 973 § 1(part), 1995).

The business license department shall issue the commercial solicitation permit within twenty business days after receipt of the application. The permit will be good for one year from the date of its issuance. Such permit shall extend to the applicant and all agents thereof. Any person acting, or claiming to act or operate under or by virtue of any permit issued pursuant to this chapter shall, upon request of any city employee, exhibit such permit, or inform the city employee of the number and date of issuance thereof, or alternatively if such person is an agent of the permit holder, he or she shall exhibit evidence of such agency in addition to providing the number and date of issuance of any permit under which he or she is soliciting.

(Ord. 973 § 1(part), 1995).

The permit shall be in the form prescribed by the city and shall include the following information:

A. The name of the permittee and the permittee's employer (if any);

B. The date(s) the permit is valid;

C. A statement that the permit does not constitute an endorsement of the commercial solicitation by the city, or of any of its departments, officers or employees;

D. Picture identification of permittee.

(Ord. 973 § 1(part), 1995).

The application for a commercial solicitation permit shall be accompanied by a flat fee in an amount established by resolution of the city council in an amount sufficient to cover the cost to the city for investigating applicant and the processing of the application.

(Ord. 973 § 1(part), 1995).

Commercial solicitation permits shall be renewed annually by filing an application under penalty of perjury updating information provided to the business license department in the original application.

(Ord. 973 § 1(part), 1995).

A. Permittees engaging in door-to-door commercial solicitation shall carry a commercial solicitation permit on their person, by means of a visible identification/permit badge. Upon request of any person contacted, the commercial solicitor shall provide his or her name and a copy of the permit issued under this chapter.

B. It is unlawful for a commercial solicitor to misrepresent his or her identity or the identity of the organization or other person conducting the commercial solicitation for which he or she is an agent.

C. It is unlawful to misrepresent that the commercial solicitation permit issued under this chapter is an endorsement by the city, or any department or employee thereof of the commercial solicitation.

D. It is unlawful to refuse to leave a residential dwelling after being requested to do so by its occupant(s).

E. It is unlawful to alter or modify in any way a commercial solicitation permit that has been issued.

(Ord. 973 § 1(part), 1995).

No solicitor shall contact or attempt to contact in person the occupant(s) of any residential dwelling or commercial premises within the city where there is posted at the front of the residential dwelling or commercial premises clearly visible from the normal entryway to such residential dwelling or commercial premises, a sign prohibiting soliciting or peddling.

(Ord. 973 § 1(part), 1995).

It is unlawful for any permittee to sell any of the following items or products:

A. Any item that is otherwise prohibited from sale by any city, state or federal law or regulation;

B. Any item or product that requires an additional license or permit unless the permittee has obtained such additional license or permit.

C. Silly string. Any item or product which is a putty like substance which is shot and/or propelled by use of an aerosol can and/or similar dispenser and which, when so shot/propelled, emerges from said can/dispenser in a string-like form, same being sold under the product name of "silly string" and/or other product names.

D. Snap Caps. Any item or product which is a pyrotechnic device that typically contains less than .20 grams, but shall not contain more than .25 grams of gravel impregnated with not more than one milligram of pyrotechnic composition being sold as Snap Caps, but also known by other names such as, but not limited to, Snappers, Pop Pop Snappers, Fund Snaps and Bang Snaps. Each unit consists of a small roughly spherical paper parcel, approximately one-quarter inch in diameter with a twisted paper tail. Each unit when dropped against a hard surface produces a small toy cap-like report.

(Ord. 1076 § 1(part), 2002).

A. A commercial solicitation permit may be revoked or suspended by the business license department for any of the following reasons:

1. Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

2. The applicant has failed to notify the business license department of a change in facts subsequent to filing of the application as required in Section 6.24.090 of this chapter;

3. The permittee is engaging in commercial solicitation at residential dwellings and has been convicted of a felony or any misdemeanor or infraction directly related to charitable, political or commercial solicitation;

4. The permittee is a minor under eighteen years of age and is not in possession of a valid work permit;

5. Permittee is violating any other federal, state or local law which is applicable to permittee's activities as a commercial solicitor.

B. Notice of the permit revocation or suspension stating the grounds therefor shall be personally served or served by mail on the permittee. Service by mail shall be deemed complete upon posting in the United States mail. The applicant may appeal a permit suspension or revocation by filing a notice of appeal with the city clerk within ten days of service by the business license department of the permit revocation or suspension. If an appeal is timely filed, the city council shall hold a hearing at its next regular meeting. The appeal must be filed no later than noon, the week preceding the next regular meeting to be placed on that meeting's agenda. The city council may affirm, modify or overrule the decision of the business license department.

(Ord. 973 § 1(part), 1995).

Commercial solicitation permits are nontransferable. It is unlawful for the permittee to transfer the permit to any other person.

(Ord. 973 § 1(part), 1995).

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, shall be considered a "business" and must comply with this chapter.

(Ord. 973 § 1(part), 1995).

A violation of any provision of this chapter shall constitute a misdemeanor.

(Ord. 973 § 1(part), 1995).