Fountain Valley Municipal Code Ch. 4.20 Solicitors

"Solicitor" or "canvasser" means any individual, 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, 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 or sample of the subject of such sale, of whether he or she is collecting advance payments on such sales or not.

(Ord. 1181 § 1, 1992)

The hours of such solicitation shall be from nine a.m. to one hour before sunset.

(Ord. 1181 § 1, 1992)

"Transient merchant," "itinerant merchant," or "itinerant vendor" means any person, firm or corporation whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling, delivering goods, wares and merchandise, within the city, and who, in furtherance of such purpose, hires, leases or uses or occupies any building, structure, motor vehicle, tent, public room in hotels, loading houses, apartments, shops, or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Any firm, person or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trade, merchant or auctioneer. This section also includes, as a definition, all vendors and caterers.

(Ord. 1181 § 1, 1992)

"Telephone solicitor" as used in this chapter means any person who, from a location within the city, solicits the sale of any object or service whatsoever over the telephone as his or her primary method of doing business. "Telephone solicitor" shall also include the owner or operator of any such business.

(Ord. 1181 § 1, 1992)

A written application to peddle, deliver or sell any goods or services or to solicit or canvass for goods and services as defined in this chapter must be completed by any person who wishes to peddle or sell, or solicit or canvass for goods and services by following the procedures and providing the general information described in Section 4.04.070. The permit application fee as required by Section 4.02.040 must be paid when submitting the application. Specific application information pertaining to peddling, delivering or selling goods and services or canvassing and soliciting for goods and services is required. This information shall contain the following:

(1) If employee, the name and address of the employer, together with credentials establishing the exact relationship;

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

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

(4) The exact identity of the supplier of the goods or objects, and a copy of the appropriate business documents establishing the supplier's existence as an entity. If the supplier is not the source of the goods, articles, or services being sold, information may be required to establish the exact identity of any and all suppliers in the chain of delivery to the customer;

(5) Two photographs of the applicant, showing a good likeness, which photographs shall each be approximately two inches by two inches showing the head and shoulders of the applicant in clear and distinguishing manner, shall be furnished to the law enforcement agency by each applicant;

(6) The fingerprints of the applicant and the names of at least two property owners of the county of Orange, state of California, 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;

(7) With respect to persons who solicit in person, a statement by the applicant that the applicant is free of contagious, infectious or communicable diseases.

(Ord. 1181 § 1, 1992)

The law enforcement agency shall have the right to inspect any books and records of the applicant or any supplier or parent organization to determine if the applicant may be proposing to solicit through misrepresentation.

(Ord. 1181 § 1, 1992)

A person shall be prima facie disqualified for a permit by an employee or representative of a licensee under this chapter if he or she has been convicted of a felony. As used herein, the term conviction includes pleas of guilty and nolo contendere. The chief of police, as the head of the issuing agency, is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the Penal Code of the state of California.

(Ord. 1181 § 1, 1992)

It shall be the right of any police officer of the city to require any person required to be licensed under this chapter, or any other ordinance of the city, and who is not known by such officer to be duly licensed, to produce his or her license. The law enforcement agency of the city shall have the duty to enforce this chapter against any person found to be violating the same.

(Ord. 1181 § 1, 1992)

Any person, firm or corporation, as defined in this chapter, who changes the type of service or the general types of goods offered from that which applicant's original application was made for shall reapply for a license, and shall comply with all of the provisions of this chapter.

(Ord. 1181 § 1, 1992)

Any solicitor, peddler or merchant who sells his or her goods or services within the city limits shall exhibit his or her permit at the request of any citizen.

(Ord. 1181 § 1, 1992)