Gilroy Municipal Code Art. I Identity Permits

All persons except a person having a fixed and permanent place of business in the city and licensed under the provision of section 13.40 or 13.42 of this Code or licensed and regulated by the state, must comply with this chapter before offering or selling goods, merchandise or services from place to place or upon private property, upon streets, parks or other public places of the city, or from any building or other enclosure or place, or in any vehicle of any nature whatsoever, either for immediate delivery or for delivery in the future. This Article I shall not require persons holding incidental sales, such as garage sales or holiday crafts sales, at their permanent place of residence to obtain identity permits for said sales, nor shall it require those persons to obtain any additional cityissued permits or licenses for said sales other than those required under other provisions of this Code.

All such persons subject to this article must obtain an identity permit pursuant to this article and are also subject to the business license provisions of Chapter 13. In addition, a mobile vending permit may be required under Article II of this chapter.

No person shall be relieved from the provisions of any section of this chapter by reason of associating temporarily with, or by conducting a transient business in connection with, any local merchant having a fixed place of business within the city.

Violation of any section of this chapter shall be a misdemeanor.

(Ord. No. 97-10, § I, 11-5-1997)

All applicants for an identity permit must pay an application fee as set out by council resolution and must make application fee as set by council resolution and must make application therefor to the chief of police of the city upon forms provided by the city, which forms shall require the following information from the applicant:

(1) Full name, permanent business address, local business and residence address of the applicant or its authorized representative; if other than an individual applicant, the nature of the applicant, that is, whether partnership, firm or corporation; the full name, age, address and occupation of each person who shall actually vend, solicit or otherwise engage in any act required by this chapter to be licensed on behalf of the applicant.

(2) A specific description of the article, service or contract proposed to be sold, performed, whether for immediate or future delivery or performance and the proposed method of delivery and performance, including information as to whether such sales will be made by quantity, weight, quality, package or otherwise, and whether delivery or performance will be made personally or by mail or in what other method.

(Ord. No. 97-10, § I, 11-5-1997)

In the event any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving the property or service a copy of such form shall be attached to the application.

(Ord. No. 97-10, § I, 11-5-1997)

Each application for an identity permit must be accompanied by two (2) prints of a recent photograph of each individual person who shall actually engage in vending, selling or soliciting, which photographs shall not exceed one-inch square in size and shall be full front views of the face and head only of such persons.

(Ord. No. 97-10, § I, 11-5-1997)

In each case where it appears that the applicant for an identity permit pursuant to this chapter will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance, the application shall be accompanied by a cash deposit or by a bond to the city in a penal sum as set by council resolution issued by a surety company authorized to do business within the state. Such bond shall be conditioned for making final delivery of goods, wares or merchandise or for final performance of services to be performed in accordance with the order, agreement or contract entered into, and failing therein the advance payment or deposit on such order shall be refunded or returned. Such cash deposit or bond, as the case may be, shall remain in full force and effect and be retained for a period of ninety (90) days after the expiration of any such identity permit or the termination of any action upon such bond or deposit of which the license collector shall have been notified, unless sooner released by the license collector.

(Ord. No. 97-10, § I, 11-5-1997)

At the time of making the application for an identity permit, each individual person who shall actually engage in selling, soliciting or vending shall apply to the office of the chief of police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprint forms provided by the city, including the physical characteristics of each person, identifying marks or scars, age, name, address and signature, and shall pay all fees connected therewith. Such fingerprint records are to be taken in triplicate and each individual so presenting himself is hereby advised that the city reserves the right to retain one of such fingerprint records in its files for permanent safekeeping, and to send one such fingerprint record to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California State Department of Justice at Sacramento, California, for the purpose of filing. No fingerprint records will be returned in the event the identity permit applied for is not issued or is subsequently suspended or revoked.

Every applicant who has established residence within the city for a period of five (5) or more years may be exempt from this section requiring fingerprinting of such person.

(Ord. No. 97-10, § I, 11-5-1997)

The character and fitness of every applicant shall first be investigated by the police department before any license or identity permit shall be issued. After conducting such investigation, if the chief of police finds that the applicant is not of good business reputation or integrity, or that the granting of the identity permit or license would be against the public interest, welfare or safety, then the chief of police shall refuse to issue such identity permit and shall inform the license collector of such action. The license collector shall thereupon deny the issuance of a business license to any person denied an identity permit by the chief of police.

The police chief and his or her authorized agents are authorized to obtain criminal history information for each applicant for the purpose of determining those who have been arrested or convicted for any crime involving moral turpitude, including but not limited to larceny, fraud or lewd or indecent conduct; any crime involving violence, including but not limited to assault or battery or domestic violence or crimes involving weapons; any crime involving the use, possession, sale or transpiration of drugs or alcohol; or any crime substantially related to the qualifications or duties proposed by the applicant. The police chief shall refuse to issue an identity permit as being against the public interest, welfare or safety if it is determined that the applicant has been arrested for, or convicted of, any of the foregoing specified crimes within the previous 36 months, and may refuse to issue an identity permit if it is determined that the applicant has been arrested for, or convicted of, any of the foregoing specified crimes within the previous 60 months, in which event the applicant shall be advised that the criminal history information shall be made available to the city council upon appeal.

Such identity permit shall have affixed to it one of the pictures filed by the applicant, and shall contain reference to the issuance of the identity permit, a description of the individual to whom issued, date of expiration not to exceed one year, and the signature of the individual to whom issued.

(Ord. No. 97-10, § I, 11-5-1997)

Individual applicants exempted from the payment of the license fee specified in Chapter 13, Article III, must comply fully with the requirements of this chapter as to application for identity permits, fingerprinting, bonds and pictures.

(Ord. No. 97-10, § I, 11-5-1997)

Each person issued an identity permit under section 16A.8 must retain the same in his or her personal possession at all times while engaged in the business so licensed within the city and must produce and show the same on the demand of any person solicited or of any police officer or official of the city. No person issued an identity permit shall alter, remove or obliterate any entry made upon such permit, or deface such permit in any way. Each identity permit shall be personal and not assignable or transferable, nor shall any identity permit be used by any person other than the person for whom issued.

(Ord. No. 97-10, § I, 11-5-1997)

The following conditions and regulations shall apply to the exercises of the privileges granted by licenses issued under the provisions of Chapter 13 in addition to those set forth in this chapter:

(1) Shouting, Calling Wares, etc. No person shall shout or call his or her wares in a loud boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the city.

(2) Identification by Comparing Signature with That on Identity Permit. Every licensee or holder of an identity permit upon the request of any police officer or other officer of the city shall sign his or her name for comparison with the signature upon the license, identity permit, or upon the license or permit application.

(3) Orders to Be Written in Duplicate, etc. Any person acting under authority of an identity permit issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article, commodity, contract or service ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.

(4) Hours of Door-to-Door Soliciting. No licensee or his or her agent, servant or employee shall solicit, peddle, or vend goods, wares, merchandise, services, or any other article of any kind from door to door, except between the hours of 9:00 a.m. and sunset.

(5) “No Peddlers” or “No Solicitation” Signs Posted. It shall be unlawful for any person to solicit, peddle or sell by ringing the doorbell or knocking at the door or otherwise calling attention to his or her presence at any building, structure or place of business whereon or wherein a sign bearing the words “No Peddlers” or words of similar import, is painted or affixed so as to be exposed to public view.

(Ord. No. 97-10, § I, 11-5-1997)

Any order, agreement or contract entered into in the city by any person, subject to the provisions of this chapter, who has failed to comply with or who has violated the provisions of this chapter, shall be voidable by the other party as contrary to public policy and against the public interest.

(Ord. No. 97-10, § I, 11-5-1997)