Emeryville Municipal Code Art. 2 Solicitors

For purposes of this article, the following definitions apply:

(a)

"Certified farmers' market"

shall be defined as provided in California Administrative Code Title 3, Section 1392 or any successor provision.

(b)

"Code"

means the Emeryville Municipal Code.

(c)

"Food"

shall be defined as provided in Health and Safety Code Section 113781 or any successor provision.

(d)

"Person"

means an individual.

(e)

"Police Chief"

means the Chief of Police or his/her designee.

(f)

"Solicit"

means to sell or take orders, or offer to sell or take orders, for any nonfood goods, wares, merchandise, or thing, for future delivery, or for services to be performed, at any place within the City other than a fixed place of business.

(g)

"Solicitor"

means any person who solicits, as defined herein.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

It shall be unlawful to solicit, or distribute any merchandise or services on any public street or sidewalk within the City without first obtaining a business tax certificate and paying the applicable business license tax for each solicitor, pursuant to Chapter 1 of Title 3. Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the solicitor has obtained all permits required by this article. The original of the City business tax certificate shall be displayed conspicuously at all times at the location of a solicitor located on the public right-of-way or, in the case of a mobile solicitor, on demand from any law enforcement officer or upon demand of any person to whom the solicitor is soliciting.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

(a) No person shall solicit on any public street or public sidewalk in the City without a valid permit issued by the Police Department. Evidence of such permit shall accompany the business tax certificate application or renewal application to the Finance Department.

(b) Any permit issued pursuant to this article shall automatically expire, terminate, and be of no further force and effect at 5:00 p.m. on December 31 of each year.

(c) Any permit issued pursuant to this article is nontransferable.

(d) A solicitor applicant desiring a solicitor permit shall file an annual application with the Chief of Police, on a form furnished by the Police Department, setting forth the following information and including the accompanying data:

(1) Names, addresses and telephone numbers of the applicant and of all persons financially interested in the business;

(2) A statement of the type of goods, property, or service to be solicited;

(3) The names and addresses of at least two (2) references as to the applicant's moral character, honesty and integrity;

(4) Identification of any vehicle intended to be used for soliciting;

(5) The intended location of soliciting activities;

(6) Agreement by the applicant to indemnify and hold harmless the City, its officers and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's sales location;

(7) Evidence of general liability and automobile liability insurance in a form and at levels of coverage acceptable to the City;

(8) Previous soliciting permits issued to the applicant in other cities and the status of those permits; and

(9) Such further information as the Police Department may require.

(e) The applicant shall also furnish his/her fingerprints and thumbprints to be taken by the Police Department.

(f) The application shall be accompanied by an application fee. If the application is denied, the application fee shall not be returned to the applicant. The application fee shall be set forth in the City's Master Fee Schedule.

(g) The Police Department shall conduct an investigation of the application and may issue a solicitor permit to the applicant within thirty (30) days of its receipt if the Police Chief finds that all of the following conditions have been met:

(1) An accurate application has been filed;

(2) The required application fee has been paid;

(3) All applicable provisions of this article have been or will be met; and

(4) The applicant and all the persons listed in subsection (d)(1) of this section have no previous convictions under State law concerning theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude.

(h) Every solicitor, at all times while engaged in soliciting, shall have in his/her immediate possession the permit issued under the provisions of this section and when so soliciting shall display the same upon demand of any law enforcement officer and upon demand of any person to whom the solicitor is soliciting.

(i) Every vehicle used for soliciting shall display the permit issued pursuant to this article in a conspicuous place in said vehicle.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

(a) The Police Chief may deny a permit application if it is inaccurate, incomplete or unable to meet the requirements of Section 5-27.2.03, or if no application fee has been submitted.

(b) The Police Chief may revoke a permit if any of the following are determined and found after permit issuance:

(1) The application was inaccurate;

(2) Any violation of this article;

(3) Conviction of the permit holder of any felony or crime involving moral turpitude; or

(4) Soliciting in an unlawful manner or in such a manner which is detrimental to public health, safety or the general welfare of the City.

(c) Any revocation of a permit or denial of a permit application may be appealed to the City Council pursuant to the provisions of Chapter 4 of Title 1.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

A solicitor with a valid permit shall be permitted on public streets and sidewalks from the hours of 8:00 a.m. until 7:00 p.m. daily, subject to the conditions set forth below:

(a) No solicitor shall operate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day;

(b) No solicitor shall locate within five hundred feet (500') of a freeway entrance or exit;

(c) No solicitor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, or bus stop;

(d) No solicitor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;

(e) No solicitor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone;

(f) No solicitor shall locate within two hundred feet (200') of any other solicitor operating during the vending hours specified in this section;

(g) Solicitors shall not operate in the RM Medium Density Residential Zone or the S-M Shoreline Management Zone, as those zones are described in Chapter 6 of Title 9, or any successor provision.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

It is unlawful for any person to solicit before 8:00 a.m. or after 7:00 p.m. of any day.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

Notwithstanding the provisions of this article, solicitors operating within a certified farmers' market, permitted by this code, shall comply with all of the provisions of Chapter 35 of Title 5.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)

Any violations of this article shall be subject to administrative citation under Chapter 7 of Title 1. Every day of soliciting without a valid permit constitutes a separate offense.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 12-006, eff. Mar. 8, 2012; Sec. 3 (part), Ord. 11-005, eff. June 2, 2011)