Grand Terrace Municipal Code Ch. 5.64 Peddling, Soliciting and Hawking

As used in this Chapter, the following terms shall have the meanings set forth in this Section:

A. "Hawking" means offering merchandise for sale on the streets by outcry or by attracting the attention of persons by exposing goods in a public place, or by placards, labels or signals.

B. "Peddling" means selling merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door.

C. "Soliciting" means asking or inviting persons to pay money in return for merchandise or services to be delivered in the future, or asking for charitable donations.

(Ord. 1 § 1(part), 1978: county code § 41.051)

Except as provided in Sections 5.64.080 and 5.64.090, it is unlawful for any person to engage in the business of peddling or hawking goods, wares, merchandise, fruits or vegetables, or of soliciting orders for goods or services, or of offering services for repair or improvement of real property exceeding $25.00 in cost or value, or of soliciting donations for a charity in an open public place or door to door, within the City, without first having secured a license therefor as prescribed in this Chapter.

(Ord. 1 § 1(part), 1978: county code § 41.052)

Any person required by this Chapter to have a license shall submit a written application in duplicate together with a fee as set by resolution by the City Council to the City Clerk. The payment shall be accepted only in cash, certified check, or money order.

The application shall be verified and shall contain the following information:

A. The name, address, and telephone number of the applicant;

B. The supplier of the goods to be sold;

C. The place and date of any court judgment rendered against the applicant as a sex offender or as a defendant guilty of a criminal battery, fraud, burglary, or theft;

D. A copy of the State sales tax permit (California Revenue and Taxation Code Section 6066) for the applicant's activities attached to the application;

E. A description of every type of merchandise or service that the applicant proposes to hawk, peddle, or solicit;

F. A designation of the location or locations at which place or places the applicant proposes to hawk, peddle or solicit and the dates and time of the same.

(Ord. No. 330, § 26, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 41.053(part))

A. Licenses shall be issued for a one-year period. Upon expiration of the license, the former licensee may apply for a new license in the same manner as a new applicant except that if the licensee applies for a new license before the old license expires, the old license shall remain in force until the City Council either approves or denies the application for the new license.

B. Upon obtaining a license issued pursuant to this Chapter, the licensee shall keep the information current by immediately informing the Police Department in writing of any change or occurrence which affects or changes the status of the licensee.

(Ord. 1 § 1(part), 1978: county code § 41.053(part))

A. Upon the filing of the application required by Section 5.64.030 together with the fee, the City Clerk shall transmit one copy to the Police Department. The Police Department shall report to the City Council in writing recommending the approval or denial of the license and stating the reasons therefor.

B. The City Council shall not order the issuance of the license unless all of the following requirements are met:

1. The applicant has submitted a correct and complete application form.

2. The applicant has paid all required fees.

3. There is no known cloud upon the title to ownership of the goods to be sold.

4. The applicant has not had a judgment rendered against him as a violator of California law as a sex offender, as a person who has committed a criminal battery, burglary or theft, or as a person who has committed a fraud.

5. The time and place of the proposed licensed activities is in accordance with the regulations set forth in this Chapter.

(Ord. 1 § 1(part), 1978: county code § 41.052 (part), (1—5))

A. A license issued pursuant to this Chapter will authorize the licensee to peddle or solicit or hawk when there is no interference with the free flow of vehicle traffic or obstruction of pedestrian traffic.

B. The licensed person shall be permitted to do the licensed activity only during daylight hours. However, if the licensed person is a sidewalk vendor, roaming sidewalk vendor, or stationary sidewalk vendor, as defined by Chapter 9.05 of Title 9 of the Grand Terrace Municipal Code, then such licensed person shall comply with the hours of operation as provided therein.

C. There shall be no licensed activity until the license is actually issued.

D. Licensees shall comply with all applicable laws, including California Business and Professions Code Section 17510 et seq., Chapter 9.05 of Title 9 of the Grand Terrace Municipal Code (to the extent applicable), and health and safety laws.

(Ord. No. 321, § 2, 1-8-2019; Ord. No. 320, § 4, 12-11-2018; Ord. 1 § 1(part), 1978: county code § 41.054(part))

Any person required by this Chapter to have a license shall pay to the Finance Department a sum determined by resolution as provided in Chapter 5.04 of this Code. Such payment shall be made in advance, and only by cash, certified check, or money order. Upon presentation to the Finance Department of a receipt from the City Clerk for the application fee, in an amount set by resolution of the City Council, the applicant shall receive credit therefor on his payment.

(Ord. No. 330, § 27, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 41.055)

Any person having a fixed place of business within the City shall not be required to obtain a license otherwise required by this Chapter. "Fixed place of business" means any place where goods, wares and merchandise are stored for commercial purposes provided the operation of such business is not in violation of any applicable zoning, building, public health or business license laws and such fixed place of business has been so operated for a period of at least 60 days prior to the time any peddling, soliciting or hawking is done.

(Ord. 1 § 1(part), 1978: county code § 41.056)

No license shall be required of any commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale in this State or of farmers selling farm products produced by them.

(Ord. 1 § 1(part), 1978: county code § 41.057)

No license fee shall be required for the issuance of a license to any person who was honorably discharged or honorably relieved from the military, naval or air service of the United States. A license for such a person shall be required under the provisions of this Chapter, as in other cases, but no fee shall be charged. The exception of this Section shall not apply when the merchandise involved includes spirituous, malt or vinous or other intoxicating liquor.

(Ord. 1 § 1(part), 1978: county code § 41.058)

Whenever any person intends to peddle or solicit or hawk goods, wares, services or merchandise for the purpose of raising funds for a recognized religious, scientific or charitable organization, or solicit charitable donations, the applicant may apply to the City Council for a license to be issued without payment of the license fee. If satisfied that the funds will be used for the purposes mentioned in this Section, the Council shall order the issuance of a license for the peddling for a term fixed by the Council. The application fee shall be set by resolution of City Council.

(Ord. No. 330, § 28, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 41.059)

A. Whenever any person who is over 55 years of age or is under 18 years of age, or is physically disabled, or is blind, applies for a license as provided in Section 5.64.030, such person shall pay the filing fee as set by resolution of the City Council, but shall not be required to pay the license fee.

B. "Physically disabled person" means any person who has a permanent loss of, or loss of use of, a part of the body, or permanent impairment of some body function, resulting in actual disability and a diminished ability to compete in an open labor market. A physician's statement certifying the applicant's condition shall be submitted with the application.

C. "Blind person" means any person who has not more than 20/200 central visual acuity in the better eye after correction, or a person who has visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angel no greater than 20 degrees. A physician's statement certifying the applicant's condition shall be submitted with the application.

(Ord. No. 330, § 29, 5-12-2020; Ord. 1 § 1(part), 1978: county code § 41.0510)

Any license issued under this Chapter shall be revocable for good cause after hearing before the City Council. If a license is revoked, no fee paid shall be returned to the applicant.

(Ord. 1 § 1(part), 1978: county code § 41.0511)