Chapter 5.44 — SOLICITORS AND CANVASSERS

State Law reference— For statutory provisions on solicitation, see Bus. and Prof. Code §17500.3.

"Canvasser" or "solicitor" is defined as any individual, whether resident of the city or not, traveling either by foot, automobile, 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, wares and merchandise, 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 includes any person who for himself or for another person, firm or corporation hires, leases, uses or occupies any building, structure, room, shop, or any other place within the city for the principal purpose of exhibiting samples and taking orders for future delivery.

(Ord. 232 §1, 1962)

A.

The provisions of this chapter shall not apply to any person, partnership, association or corporation which in good faith is and, for a period of at least one continuous year, has been conducting a legitimate business

enterprise in the city and who or which is and has been conducting such business from a building or structure located in the city. If, however, the city council decides that this numbered section is being used as a mere subterfuge to avoid compliance with this chapter by any person, partnership, association or corporation which should be required to comply with the provisions of this chapter, the city council by resolution may declare that such person, partnership, association, or corporation is not entitled to the exemptions contained in this subsection.

B.

The provisions set forth in this chapter shall not apply to the following: all persons holding a valid vocational, occupational or professional license issued by the state; provided, that such person or persons shall display evidence of such license to all such residents. Notwithstanding anything in this subsection, no person referred to in Section 5.44.010 of this chapter until he has submitted to the city clerk evidence of such license, or the chief of police evidence of such license, and supplied such city authority with any information requested by such authority which will enable such authority to determine the validity of such license and to determine that the person holding such license is entitled to operate under such license.

(Ord. 232 §§14 (a), (b), 1962; Ord. 243 §1, 1965; Ord. 245 §1, 1965)

It is unlawful for any solicitor or canvasser as defined in this chapter to engage in such business within the corporate limits of the city without first obtaining a license therefor in compliance with the provisions of this chapter.

(Ord. 232 §2, 1962)

A.

Applicants for license under this chapter must file with the city clerk a sworn application in writing, in duplicate, on a form to be furnished by the city clerk, which shall give the following information:

Name and description of the applicant;

Permanent home address and full local address of the applicant;

A brief description of the nature of the business and the goods to be sold;

If employed, the name and address of the employer, together with credentials establishing the exact relationship;

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

The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery;

A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinguishing manner;

The fingerprints of the applicant and the names of at least two reliable property owners of the county who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor.

B.

At the time of filing the application, a fee of one dollar shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.

(Ord. 232 §3, 1962)

A.

Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the public good and, if possible, complete the same within thirty days.

B.

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 disapproval and his reasons for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.

C.

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 the application to the city clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The clerk shall keep a permanent record of all licenses issued.

(Ord. 232 §4, 1962)

A.

The license fee which shall be charged by the city clerk for such license shall be five dollars per day.

B.

No fee shall be charged for the license of a solicitor or canvasser engaged solely in interstate commerce.

(Ord. 232 §5, 1962)

Every applicant not a resident of the county shall file with the city clerk a surety bond, running to the city in the amount of one thousand dollars, with surety acceptable to and approved by the mayor, conditioned that the applicant shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning the business of solicitor and guaranteeing to any citizen of the city that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor, and further guaranteeing to any citizen of the city doing business with the solicitor that the property purchased will be delivered according to the representations of the solicitor. Action on such bond may be brought in the name of the city to the use or benefit of the aggrieved person, or such action may be brought by the aggrieved person.

(Ord. 232 §6, 1962)

The city clerk shall issue to each licensee at the time of delivery of his license a badge which shall contain the words "Licensed Solicitor," the period for which the license is issued and the number of the license, in letters and figures easily discernible from a distance of ten feet. Such badge shall, during the time such licensee is engaged in soliciting, be worn constantly by the licensee on the front of his outer garment in such a way as to be conspicuous.

(Ord. 232 §7, 1962)

Solicitors and canvassers are required to exhibit their licenses at the request of any citizen.

(Ord. 232 §8, 1962)

All annual licenses issued under the provisions of this chapter shall expire on the thirty-first day of December in the year when issued. Other than annual licenses shall expire on the date specified in the license.

(Ord. 232 §13, 1962)

A.

Permits and licenses issued under the provisions of this ordinance may be revoked by the city council after notice and hearing for any of the following causes:

Fraud, misrepresentation, or false statement contained in the application for license;

Fraud, misrepresentation, or false statement made in the course of carrying on his business as solicitor or as canvasser;

Any violation of this chapter;

Conviction of any crime or misdemeanor involving moral turpitude; or

Conducting the business of soliciting or of canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

B.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(Ord. 232 §11, 1962)

Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in this chapter shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in this chapter for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 232 §12, 1962)

The city clerk and the chief of police shall each have discretion to waive any of the provisions of this chapter in the case of any canvasser or solicitor representing any organization now or hereafter listed in the United States Revenue Code as an organization to which gifts are exempt from taxation.

(Ord. 232 §14, 1962)

The chief of police shall report to the city clerk all convictions for violation of this chapter and the city clerk shall maintain a record for each license issued and record the reports of violation therein.

(Ord. 232 §10, 1962)

It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 232 §9, 1962)

Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.

(Ord. 232 §15, 1962)