Hanford Municipal Code Ch. 5.48 Solicitors

It is unlawful for any solicitor as defined in Section 5.48.020 of this chapter, to engage in such business within the city without first obtaining a solicitor's permit therefor in compliance with the provisions of this chapter.

(Prior code § 5-4.01)

"Solicitor"

means any individual 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 within the city limits taking or attempting to take orders for the sale of goods, wares and merchandise or personal property of any nature whatsoever, including publications and pictures of any nature, 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, however, the provisions of this chapter shall not apply to salesmen who solicit orders from or sell to retail dealers for resale or to manufacturers for manufacturing purposes or to bidders for public works or supplies; nor shall the provisions of this chapter apply to any person who has or maintains a fixed place of business within the county nor to any person who is a bona fide resident of the county.

(Prior code § 5-4.02)

Applicants for a solicitor's permit under the provisions of this chapter shall file with the director of finance a verified application in writing, in duplicate, on a form to be furnished by the director of finance, which shall give the following information:

A. The name and description of the applicant;

B. The permanent home address and full local address of the applicant;

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

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

E. 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 such application is filed and the proposed method of delivery; and

F. A statement as to whether or not the applicant has been convicted of any crime or misdemeanor, other than traffic violations and the nature of the offense and the punishment or penalty assessed therefor.

(Prior code § 5-4.03)

The chief of police may require the applicant to be fingerprinted and/or photographed.

(Prior code § 5-4.04)

A. Procedure. Immediately upon receipt of such application and upon payment of a fee of $5, the director of finance shall transmit such application to the chief of police. Upon receipt of the application, the chief of police shall investigate the application and the applicant to determine whether the applicant's character and business responsibility are good. If the chief of police finds the applicant to be of good character and business responsibility, the chief of police shall, within a reasonable time after receipt of the application by him, report such fact to the director of finance who shall thereupon issue the permit to the applicant upon the posting of a bond approved by the director of finance. If the chief of police finds the applicant's character and business responsibility to be bad, the chief of police shall, within a reasonable time after receipt of the application by him, report such fact to the director of finance with instructions to withhold the permit from the applicant. A copy of such report shall be at the same time mailed by the director of finance to the applicant at the address contained in the application. In such cases the director of finance shall refuse to issue the permit unless thereafter instructed to issue the same by the council after an appeal to the council by the applicant under the provisions of Section 5.48.070 of this chapter.

B. Waiver of Fee and Bond. For cause deemed sufficient, the council may waive the payment of the fee and the requirement for a bond.

C. Expiration. All permits issued pursuant to the provisions of this chapter shall automatically expire one year from the date of issuance.

D. Renewal of Permit. Any person who holds a valid annual permit issued under the provisions of this chapter may file an application for the renewal of such permit by applying in writing to the director of finance not sooner than 60 days prior to, nor later than, the expiration date of the existing permit. The application for renewal shall be in the form prescribed by the director of finance and the applicant shall sign a statement, under penalty of perjury, that the facts set forth in the original application have not changed, except such changes as are set forth in the renewal application. Upon compliance with the provisions of this subsection and upon payment of the prescribed permit fee, the director of finance shall issue a renewal permit in the same manner as provided in subsection A of this section for the issuance of an original permit. If a renewal application is not filed prior to the expiration date of the existing permit, the permittee shall file a new application under the provisions of this chapter and pay the required application fee.

E. Form of Bond. The bond required for a solicitor's permit shall be in substantially the following form:

F. Amount of Bond. The amount of the bond required to be posted by the applicants under the provisions of this chapter may vary from a minimum of $50 to a maximum of $1,000, depending upon the nature of the business of the applicant, to be determined from time to time by minute order of the council.

(Prior code § 5-4.05)

A. Causes. Permits issued under the provisions of this chapter may be revoked by the council, after notice and hearing, for any of the following causes:

1. Fraud, misrepresentation or false statements contained in the application for a permit;

2. Fraud, misrepresentation or false statements made in the course of carrying on the business of solicitor;

3. Any violation of the provisions of this chapter;

4. The conviction of any crime or misdemeanor involving moral turpitude; or

5. Conducting the business of solicitor 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. Hearings. Notice of hearings for revocation of permits shall be given in writing, setting forth specifically the grounds of complaint and the time and place of such hearings. Such notice shall be mailed, postage prepaid, to the permittee at his or her last known address or shall be delivered to him or her personally at least five days prior to the date set for hearing.

(Prior code § 5-4.06)

Any person aggrieved by the action of the chief of police or the director of finance in failing to issue a permit as provided in Section 5.48.050 of this chapter shall have the right to appeal to the council. Such appeal shall be taken by filing with the city clerk, within 14 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 Section 5.48.060 of this chapter for notice of hearings for revocation of permits. The decision and order of the council on such appeal shall be final and conclusive.

(Prior code § 5-4.07)

Solicitors required to have a permit shall be required to exhibit such permit at the request of any citizen.

(Prior code § 5-4.08)

A. Nighttime Soliciting Prohibited. It is unlawful for any permittee under the provisions of this chapter to solicit or canvass, take orders or sell or attempt to sell any goods, wares, merchandise or services at any dwelling house, mobilehome or building during the period between sunset and sunrise unless the permittee has been invited to come to such dwelling house, mobilehome or building by the person in possession thereof.

B. Soliciting Posted Premises Prohibited. It is unlawful for any permittee under the provisions of this chapter to solicit or canvass, take orders or sell or attempt to sell any goods, wares, merchandise or services at any dwelling house, mobilehome or building when any such dwelling house, mobile-home or building has conspicuously posted on it a sign forbidding soliciting, canvassing or peddling.

(Prior code § 5-4.09)

It shall be the duty of the chief of police to require any person, who is required to have a permit, seen soliciting or canvassing within the city to produce his or her permit and to enforce the provisions of this chapter against any person found to be violating the same.

(Prior code § 5-4.10)

Any person engaged in soliciting who is not required to obtain a solicitor's permit under the provisions of this chapter may obtain a certificate from the director of finance certifying that such person is exempt from the permit requirement upon the payment of a fee of one dollar ($1.00) to the director of finance and by filing with the director of finance a certified application, in duplicate, on a form to be furnished by the director of finance, which shall give the following information:

A. The name and description of the applicant;

B. The permanent home address and full local address of the applicant;

C. A brief description of the nature of the business and the goods or services to be sold;

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

E. Such other information as in the discretion of the director of finance is necessary to establish the fact of exemption from the requirements of this chapter.

(Prior code § 5-4.11)

Every person violating any provision of this chapter shall be guilty of an infraction and, upon conviction, shall be punished in accordance with subsection (b) of Section 36900 of the Government Code of the state.

(Prior code § 5-4.12; Ord. 96-18 § 28, 1996)