East Palo Alto Municipal Code Ch. 5.44 Peddlers and Solicitors

As used in this chapter:

"Peddler" means any person not having a regularly established place of business, who travels or goes from house to house, or from place to place, or who has a stand or other temporary structure upon or along any public street, alley or other public place, doorway of any building, unenclosed or vacant lot, or parcel of land, and who sells and makes immediate delivery, or offers for sale and immediate delivery, any services, goods, wares or merchandise in his/her possession.

"Solicitor" means any person who travels or goes from house to house, or from place to place, or in or along the streets taking orders for, or endeavoring to take orders for the sale, exchange or delivery of any services, goods, wares or merchandise not in his immediate possession.

(Prior code §§ 8-1.301, 8-1.302)

No person shall peddle any services, goods, wares, or merchandise without first obtaining a license and paying the license fee therefor. Licenses shall be required of all persons soliciting goods shipped by interstate commerce. All veterans shall be required to obtain licenses, provided however, that veterans not employed by a corporation shall be exempt from any fees set forth in Section 5.44.110.

(Prior code § 8-1.303)

Each application for a peddling or soliciting license shall be accompanied by the fingerprints of the applicant upon a form issued by the chief of police of East Palo Alto.

(Prior code § 8-1.304)

Prior to the issuance of any license for soliciting or peddling, the license board shall refer the application, together with the applicant's fingerprints, to the chief of police of East Palo Alto, who shall cause such investigation of the applicant's business and moral character to be made as he/she deems necessary for the protection of the public good. 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/her disapproval and the reasons for the same, and return said application to the license board, who shall notify the applicant that his application is disapproved, and that no license shall be issued.

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 and return such application to the license board.

(Prior code § 8-1.305)

Upon receipt of a deposit in the sum of ten dollars ($10.00) therefor, each licensee, at the time of delivery of the license, shall be issued a metal badge for each individual licensed under the provisions of this chapter. The license badge shall bear the number of the license in figures plainly discernible. Such badge shall be worn constantly by the licenses on an outer garment, in such a way as to be conspicuous during such time as the licensee is engaged in soliciting or peddling. Five dollars ($5.00) of the deposit provided for in this chapter shall be returned to the licenses upon the surrender of the license and badge within thirty (30) days of the expiration thereof. A fee of five dollars ($5.00) shall be charged for replacement of a lost badge.

(Prior code § 8-1.306)

No badge issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued.

(Prior code § 8-1.307)

No person shall peddle any goods, wares or merchandise on any portion of the right-of-way of any public highway of or in the city.

(Prior code § 8-1.308)

No person shall erect, place or maintain any stand, vehicle or any object on any portion of the right-of-way of any public highway of or in the city for the purpose of peddling therefrom.

(Prior code § 8-1.309)

It is unlawful for any person to peddle or solicit before the hours of nine a.m. of any day, or after the hours of eight o'clock p.m. of any day.

(Prior code § 8-1.310)

The provisions of this chapter as to the requirements of a license do not apply to:

A. Owners or operators of farms or ranches who erect or maintain stands on their farms or ranches for the purpose of selling farm products raised or grown by them on the premises, so long as proper building, zoning and sanitary regulations are complied with;

B. Any commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale in this state;

C. Any charitable organization.

(Prior code § 8-1.311)

The term of license for peddling or soliciting issued pursuant to the provisions of this chapter shall be for six months from its date of issuance. The fee therefor shall be twelve dollars ($12.00) for each such six-month period.

(Prior code § 8-1.312)