Duarte Municipal Code Ch. 5.16 Solicitors and Peddlers

For the purpose of this chapter the words and phrases used herein shall have the following meaning unless the context shows a different meaning:

Business.

The term "business" shall mean and include any type of product, good, service, performance or activity which is provided or performed, or offered to be provided or performed, in exchange for money, labor, goods or any other form of consideration.

Commercial parking area. The term "commercial parking area" shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments.

Employment. The term "employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied.

Peddler. The term "peddler" shall mean any person, other than a sidewalk vendor, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad boxcar or other vehicles or conveyance. The word "peddler" shall include the words "hawker" and "hucksters."

Peddling. The term "peddling" shall mean acting as a peddler.

Soliciting. The term "soliciting" shall mean acting as a solicitor or canvasser.

Solicitor, canvasser. The terms "solicitor" or "canvasser" shall mean any individual, other than a sidewalk vendor, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition also includes any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment, shop, wagon automobile vehicle, railroad boxcar, or any other place within the city for the sole purpose of exhibiting samples and taking order for future delivery. Further, "solicitor" or "canvasser" shall mean and include any person other than a sidewalk vendor who requests, offers, entices or exhibits actions which announces the availability for or of employment, the sale of goods, or a request for money or other property; or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place.

(Ord. 733 (part), 1997)

(Ord. No. 887, § 1, 11-13-2018)

Except for sidewalk vendors, whose activities are regulated under Chapter 9.60 of this code, no person shall engage in, conduct or carry on the business of peddler, solicitor or canvasser as herein defined without first applying for and receiving a permit therefor from the director of finance.

(Ord. 72 § 20, 1960)

(Ord. No. 887, § 2, 11-13-2018)

It is unlawful for any peddler for the purpose of peddling to ring the bell, or knock on the door of any residence, dwelling, flat, or apartment whereon a sign bearing the words "no peddlers" or words of equivalent meaning, is painted or affixed or exposed to public view, or to attempt to gain admittance thereto.

It is unlawful for any solicitor for the purpose of soliciting to ring the bell, or knock on the door of any residence, dwelling, flat or apartment whereon a sign bearing the words "no solicitors" or words of equivalent meaning is painted or affixed or exposed to public view, or to attempt to gain admittance thereto.

It is unlawful for any peddler or solicitor for the purpose of peddling or soliciting to ring the bell, or knock on the door of any residence, dwelling, flat or apartment whereon a sign bearing the words "no peddlers or solicitors" or words of similar import indicating that peddlers or solicitors are not wanted on the premises is painted or affixed or exposed to public view, or to attempt to gain admittance thereto.

Anything heretofore in this section notwithstanding this chapter shall not apply to any peddler or solicitor who knocks at any door, or rings any bell at the invitation or with the consent of some adult member of the household at which he so applies for admission.

(Ord. 72 § 21(a), 1960)

It is unlawful for any person to offer for sale, demonstrate, attempt to sell, or to solicit or attempt to solicit orders for goods, wares or merchandise of any kind or character, or any article, material or substance, at or in any residence, dwelling, flat or apartment after having been requested to leave such residence, dwelling, flat or apartment by the person or tenant in lawful possession thereof.

It is unlawful for any peddler or solicitor to refuse to leave any residence, dwelling, flat or apartment, or any portion of the premises thereof, when requested to leave by the tenant or person in lawful possession thereof.

(Ord. 72 § 21(b), 1960)

The provisions of this chapter shall not apply to the sale or soliciting of orders for the sale of milk, dairy products, vegetables, poultry, eggs, and other farm and garden produce so far as the sale of such commodities is now authorized by statute.

(Ord. 72 § 21(c), 1960)

No person shall go in or upon a private residence, or a subdivided lot or parcel of land upon which a private residence is located, or in or upon which persons reside in the city for the purpose of soliciting employment or soliciting for the rendering of a personal service or services who has not been requested to do so by the owner or owners, or occupant, or occupants of the private residence, or lot, or parcel of land unless or until the solicitor has registered with and obtained an identification permit from the director of public safety or designee. Such prospective solicitor, shall register his name, permanent address and present address, phone number, if any, where and by whom last employed, fingerprint and photograph and such additional information as the director of public safety or designee shall require to properly identify such person. Five days thereafter the director of public safety or designee shall issue to such prospective solicitor an identification permit unless the director of public safety or designee shall find that such prospective solicitor has been convicted of a felony or is of such character, or the circumstances are such that the public peace, health, safety or general welfare require the refusal of such identification permit. No charge shall be made for such permit.

(Ord. 733 (part), 1997)

It is unlawful for any person to engage in peddling or soliciting between the hours of eight p.m. and eight a.m. in the city of Duarte.

(Ord. 72 § 21(e), 1960)

(Ord. No. 887, § 3, 11-13-2018)

Except for sidewalk vendors, every person, conducting or carrying on the business of a peddler or solicitor shall pay a license fee as established by city council resolution; provided, however, that no permit shall be required for the sale of goods, wares or merchandise at wholesale or for soliciting orders at wholesale; and provided further, that each such permit shall authorize not to exceed ten salesmen or solicitors, each of whom shall furnish full identification to the director of public safety or designee. Such identification shall include fingerprints, photograph or photographs, and such other data and information as the director of public safety or designee may deem necessary or advisable in order to furnish complete and satisfactory identification. All nonprofit organizations qualified to receive tax deductible contributions under IRC 501(c)(3) shall be exempt from the payment of the license fee.

(Ord. 733 (part), 1997)

(Ord. No. 887, § 4, 11-13-2018; Ord. No. 926, Exh. A, 11-12-2024)

Any person licensed under the provisions of Sections 5.08.130 to 5.08.170, to sell goods or personal property, and who carries on a bona fide business from a fixed location within the city pursuant to the license, shall not be required to obtain a peddler's or solicitor's license for peddling or soliciting activities performed incidental to the business at a fixed location within the city. The finance director shall determine, subject to appeal to the city council as provided in Section 5.04.260, whether or not peddling or soliciting activities are incidental to a business being carried on at a fixed location for the purposes of this section. Peddling or soliciting activities shall be considered incidental if all of the following prerequisites are met:

(a) The dollar volume of sales within the city resulting from peddling or soliciting activities shall not exceed twenty-five percent of the dollar volume of sales made directly at the fixed location during any calendar month;

(b) The goods or personal property being sold by peddling or solicitation must be delivered from a stock located at the fixed location;

(c) The fixed location must be a bona fide permanent place of business, as distinguished from a mere address and/or telephone number designed and intended primarily for the purpose of qualifying pursuant to this section.

(Ord. 84, 1961: Ord. 72 § 22(b), 1960)

In the event of any conflict between this Chapter 5.16 and regulations pertaining to sidewalk vendors or sidewalk vending activities under Chapter 9.60, the provisions of Chapter 9.60 shall control. The provisions of this Chapter 5.16 apply only to those activities undertaken by a peddler, solicitor, or canvasser that do not fit within the definition of sidewalk vending activities, pursuant to Chapter 9.60 hereunder.

(Ord. No. 887, § 5, 11-13-2018)

(a) No person shall solicit or attempt to solicit, employment, business or contributions of money or other property, from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner's authorized representative for such solicitations. This section shall not apply to a solicitation to perform employment or business for the owner or lawful tenants of the subject premises.

(b) This section shall only apply to commercial parking areas where the following occurs:

(1) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises;

(2) A copy of the policy is submitted to the city manager to be maintained in city file; and

(3) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in substantially the following form:

It is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner.

(Ord. 733 (part), 1997)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted the ordinance codified in this chapter, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional.

(Ord. 733 (part), 1997)