Firebaugh Municipal Code § 3-4 Regulation of Door-to-Door Hawking, Soliciting, Merchandising, Selling,…

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Editor's Note: Prior ordinances codified herein include Ordinance No. 77.

[Ord. #91-1, S2]

a. For the purposes of this section 3-4 the terms "hawker," "solicitor," "merchandiser," "salesperson," "peddler," and "vendor" shall mean all persons, both principal and agent, who go from house to house or to one house only, and for value sell or solicit for sale, by sample or otherwise, goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same (regularly published newspapers excepted), for themselves or for firms which do or do not have an established place of business in the City of Firebaugh or who offer to sell or distribute for value to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise, or services.

b. For the purposes of this section 3-4 the terms "interviewer" and "canvasser" shall mean all persons, both principal and agent, who go from house to house or to one house only, and interview persons, solicit oral or written answers from persons, or canvass persons, neighborhoods, or districts, in order to determine opinions, attitudes, or sentiments for purposes of marketing research, opinion research, attitude research, or the polling or the gathering of information, except that persons engaged in religious, charitable, or government activities shall be excluded from this definition.

c. For the purposes of this section 3-4 the term "house" shall mean house, abode, dwelling, home, apartment, condominium, residence, mobile home, townhouse, villa, hospital, clinic, infirmary, medical center, or sanatorium.

[Ord. #91-1, S2]

a. All hawkers, solicitors, merchandisers, salespersons, peddlers, vendors, interviewers, and canvassers are hereby required to register with the Police Department of the City of Firebaugh by submitting two satisfactory photographs of the applicant together with a signed application, the supplied information on which shall be declared by the applicant under penalty of perjury to be true and correct, on an application form to be provided by the police department, which form shall elicit the names, aliases, social security number, date of birth, and residence address of the applicant; the name of the organization, business, company, concern, establishment, enterprise, firm, institution, or society, if any, for which the applicant proposes to act; a statement that the applicant has not been convicted of a felony involving moral turpitude within five years prior to the time of making application, is presently not on parole for conviction of a felony involving moral turpitude, and has not been convicted of any crime involving sexual matters within 10 years prior to the time of making application.

b. Any organization, business, company, concern, establishment, enterprise, firm, institution, or society sponsoring or employing, or utilizing the services of, any hawker, solicitor, merchandiser, salesperson, peddler, vendor, interviewer, or canvasser shall, before any such persons act as such, present to and keep updated with the Police Department of the City of Firebaugh a list of the names, aliases, residence addresses, social security numbers, and dates of birth of such persons, together with the name of the entity itself and its business address and phone number, the name of its chief executive officer and his or her residence address and phone number, and written disclosure of the information described by the provisions of subdivisions (a)(1) through (a)(8) of section 17510.3 of the California Business and Professions Code.

c. All hawkers, solicitors, merchandisers, salespersons, peddlers, vendors, interviewers, and canvassers, when operating as such, shall display on the front of their person an identification card issued to them by the police department and shall, in any case, exhibit said identification card on demand of any peace officer, which card shall be of the design and materials chosen and supplied by the person or entity proposing to be permitted but to which card shall be affixed by the police department one of the two submitted photographs, which card further shall set forth the name of the person (and, if applicable, the name of any entity for which he or she operates), the date of issuance of the card, and the expiration date of the registration, which shall be one year after issuance of the identification card, after which expiration registration may be renewed pursuant to the provisions of this subsection 3-4.2.

d. No hawker, solicitor, merchandiser, salesperson, peddler, vendor, interviewer, or canvasser and no sponsoring or employing entity shall be permitted to operate as such within the City of Firebaugh who has not complied with the requirements of paragraphs a, b and c of this subsection 3-4.2.

[Ord. #91-1, S2]

No person shall operate as a hawker, solicitor, merchandiser, salesperson, peddler, vendor, interviewer, or canvasser within the City of Firebaugh between the hours of 9:00 p.m. of one day and 8:00 a.m. of the next succeeding day, local time, except by prior appointment.

[Ord. #91-1, S2]

No hawker, solicitor, merchandiser, salesperson, peddler, or vendor shall hawk, solicit, merchandise, sell, peddle, or vend at any house where the owner or resident displays a no-solicitation sign or where the owner or resident has informed a central registry established by the City and maintained by the police department of the City of their desire not to be solicited at their house.

No goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same (regularly published newspapers excepted) shall be sold, hawked, solicited for sale, merchandised, peddled, or vended except the owner or resident of the house be (1) given a receipt that shall include the name, address, and phone number of the registered person or the names, addresses, and phone numbers of the registered person and his registered sponsoring or employing entity, as reported pursuant to paragraphs a and b of subsection 3-4.2, and (2) entitled within 24 hours thereafter to rescind the sale or reject the proffered service, upon full exchange of consideration between the parties which shall take place within a reasonable time after rescission, and in no event later than three days thereafter.