Hawthorne Municipal Code Ch. 5.56 Peddlers, Solicitors and Itinerant Merchants

Every person engaging in the business of peddler shall pay a license fee as follows:

A. Wholesale or Retail on Foot, Generally. Twenty dollars per day or two hundred dollars per year if operating on foot and peddling any goods or other personal property for which a license fee is not specifically prescribed elsewhere in this code.

B. Wholesale or Retail on Vehicle, Generally. Two hundred dollars per year or fifteen dollars per day for each vehicle used in such business of operating by vehicle and peddling goods or other personal property for which a license fee is not specifically prescribed elsewhere in this code.

C. Flowers or Nursery Stock. Fifty dollars per year or ten dollars per day, if peddling flowers, ferns, plants or nursery stock.

D. Foodstuffs. Three hundred dollars per year or twenty-five dollars per day for each vehicle, cart, basket, tray or container used in such business, if operating by vehicle, hand or push cart, tray or container, and peddling fresh meats, game, poultry, fish, fresh butter, eggs, bread, crackers, cakes, pies, confections or other foodstuffs for which a license fee is not specifically prescribed elsewhere in this code.

E. Ice Cream, Fruits and Vegetables. Two hundred fifty dollars per year nonapportionable for each vehicle used in such business, if operating by vehicle and peddling ice cream, fruits and/or vegetables for which a license fee is not specifically prescribed elsewhere in this code.

F. Medicine. One hundred fifty dollars per year if peddling medicine—nonapportionable.

G. Patriotic Souvenirs. One hundred dollars per year if peddling patriotic souvenirs or goods of a similar character.

H. Notions Peddler. One hundred fifty dollars per year or ten dollars per day if peddling flags, banners, balloons, horns, trumpets, musical or noisemaking instruments of any kind, toys, badges, shoestrings, hairpins, notions, combs or souvenirs of any kind, whether with entertainment or otherwise, except patriotic souvenirs or goods of a similar character.

I. Traveling Store. Six hundred dollars per year nonapportionable for each vehicle, automobile or truck used in such business, if engaged in selling or offering for sale upon the streets, from any vehicle, automobile or truck, commonly known as a rolling or traveling grocery store, groceries or articles usually carried for sale in grocery stores.

J. Non-profit or charitable organizations shall be exempt from and shall not be required to pay a business license fee for engaging in peddling. Upon providing proof of non-profit or charitable status, the non-profit or charitable organization shall be permitted to peddle for a single period not to exceed thirty days in any one calendar year.

(Prior code § 6-900.; Ord. 1588 § 3, 1995)

Applications for a license to peddle baked goods, box lunches, unwrapped food products, fruits, vegetables or ice cream shall be referred to the health officer for approval whether to be licensed under this chapter or Chapter 5.42.

(Prior code § 6-901)

A. Every person engaging in the business of soliciting or canvassing shall pay a license fee of one hundred fifty dollars per year or ten dollars per day.

B. None of the license fees provided for by this section shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the city attorney for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at, or within three months after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the city attorney may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The city attorney shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he shall determine whether the fee fixed by this section is unfair, unreasonable or discriminatory as to applicant's business and shall fix as the license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the city attorney shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature so long as the amount assessed does not exceed the fees as prescribed by subsection A of this section. Should the city attorney determine the gross sales measure of the fee to be the fair basis, he may require the applicant to submit, either at the time of termination of applicant's business in the city, or at the end of each three-month period, a sworn statement of the gross sales and pay the amount of fee therefor, provided that no additional fee during any one fiscal year shall be required after the licensee shall have paid an amount equal to the annual license as prescribed herein.

C. Blanket License. Whenever any person necessarily employs, or wholesales goods to, solicitors or canvassers in the conduct of his business, he may, in lieu of the license fee or fees required to be paid hereunder by such solicitor or canvasser, pay a blanket license fee of one hundred fifty dollars per year, plus ten dollars per year per solicitor or canvasser so employed or engaged, provided he:

1. Makes application for such blanket license in his own name;

2. Complies with Sections 5.56.040 and 5.56.080 insofar as applicable, the bond to be in a minimum amount of five hundred dollars but not less than one hundred dollars for each such solicitor; provided, however, that in the event said solicitors are residents of the city and the applicant is a resident of or has qualified to do business in the state, no compliance with said sections shall be required;

3. Furnishes the city with assurances satisfactory to the chief of police that the solicitors or canvassers employed by him in his business, or associated with him as retailers of his goods, are of good character and have business responsibility and are free from contagious, infectious or communicable disease;

4. Keeps and maintains a current list of the solicitors and canvassers employed by him or associated with him as retailers, setting forth the names, addresses and criminal record, if any, of each solicitor or canvasser, which list shall be furnished the chief of police on request. In the event a valid blanket license is issued as in this subsection provided, and remains unsuspended and unrevoked, solicitors and canvassers so employed or engaged will be exempt from complying with the provisions of this chapter pertaining to them as solicitors, but must carry a valid registration card, as hereinafter required.

D. It is unlawful for any person to engage in any form of door to door solicitation in any residential zone between the hours of seven p.m. Standard Time or eight p.m. Daylight Savings Time every day and nine a.m. the following day, except upon express invitation or consent of the resident to be solicited.

(Prior code § 6-902.; Ord. 1588 § 1, 1995; Ord. 1715 § 1, 2001)

A. Individual License. In addition to the information required by Section 5.06.020 of this code, applications for an individual solicitor's license shall state:

1. Permanent home address and full local address of the applicant;

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

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

4. The place where the goods or property proposed to be sold, or orders taken for sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery;

5. A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

6. The finger and thumb prints of the applicant, and the names of at least two reliable property owners of the county, 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. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and

8. A statement by a reputable physician of the city, dated not more than ten days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease.

B. Blanket License. In addition to the information required by Section 5.06.020 of this code, applications for a blanket solicitor's license shall contain a statement setting forth the relationship between the applicant and his or her solicitors, the number of solicitors employed by him or her or associated with him or her as retailers in the city, and such other information as may be required, including data as required by Section 5.56.070:

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

2. 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 said application is filed, and the proposed method of delivery;

3. A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

4. The finger and thumb prints of the applicant, and the names of at least two reliable property owners of the county, 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;

5. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor; and

6. A statement by a reputable physician of the city, dated not more than ten days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease.

(Prior code § 6-903)

Prior to the issuance of a license to engage in any activities as set out in this chapter, all applications shall be referred to the chief of police for investigation and approval. The chief of police shall cause an investigation of the applicant's business and moral character, as well as that of its agents, employees and subcontractors. Upon completion of his or her investigation, the chief of police shall notify, in writing, the director of licensing and code enforcement regarding his or her approval or denial of the licenses and the reasons therefor.

(Ord. 1274 § 2, 1982.; Ord. 1903 § 1, 2007)

A. Every person engaging in business as an itinerant merchant shall pay a license fee as established by the city council by resolution.

B. Every person engaging in business as an itinerant vendor shall pay a license fee as established by the city council by resolution. An itinerant vendor shall be defined as any person who occupies selling space provided by an itinerant merchant in a publicly owned building or structure in the city. An itinerant merchant shall be defined as any person who engages in a temporary business for the sale of goods and who for such purposes hires or occupies any publicly owned building or structure or portion thereof within the city.

C. The fees of both itinerant merchants and itinerant vendors shall be paid by the itinerant merchant in one lump sum at the time the rental fees for the use of the facility are paid.

(Ord. 1141 § 2, 1977)

In addition to the information required by Section 5.06.020 of this code, applications for an itinerant merchant's license shall state:

A. The place or places in the city where it is proposed to carry on applicant's business. and the length of time during which it is proposed that said business shall be conducted;

B. The place or places, other than the permanent place of business of the applicant where applicant within the six months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted;

C. A statement of the nature, character and quality of the goods to be sold or offered for sale by applicant in the city, the invoice value and quality of such goods, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time said application is filed;

D. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the city clerk, copies of all said advertising whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto;

E. Whether or not the person or persons having the management or supervision of the applicant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor;

F. Credentials from the person for which the applicant proposes to do business, authorizing the applicant to act as such representative; and

G. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the director of licensing and code enforcement may deem proper to fulfill the purpose of this section in the protection of the public good.

(Prior code § 6-906.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

A. Solicitor. Every applicant for a solicitor's license, not a resident of the city. or who, being a resident of the city, represents a firm whose principal place of business is located outside the state, shall file a surety bond with the city in the sum of five hundred dollars, conditioned that such applicant shall comply fully with all of the provisions of this code, and the laws of the state, regulating and concerning the business of solicitor or canvasser, and guaranteeing to any citizen of the city that all money paid as a down-payment will be accounted for and applied according to the representations of the solicitor or canvasser, and further guaranteeing to any citizen of the city doing business with said solicitor or canvasser that the property purchased will be delivered according to the representations of said solicitor or canvasser.

B. Itinerant Merchant. Every applicant for an itinerant merchant's license shall file a surety bond with the city in the sum of five hundred dollars, conditioned that the applicant shall comply fully with all of the provisions of this code and the statutes of the state, and will pay all judgments rendered against such applicant for any violation of this code or said statutes.

(Prior code § 6-907)

Before any solicitor's or itinerant merchant's license shall be issued, the applicant for such license shall file with the director of licensing and code enforcement an instrument nominating and appointing the director of licensing and code enforcement, or the person performing the duties of such position, his or her true and lawful agent, with full power and authority to acknowledge service or notice of process for and on behalf of said applicant in respect to any matters connected with or arising out of the business transacted under said license and the bond given as herein required, or for the performance of the conditions of said bond or for any breach thereof, which said instrument shall also contain recitals to the effect that said applicant for said license consents and agrees that service of any notice or process may be made upon said agent, and when so made, shall be taken and held to be as valid as if personally served upon the person or persons applying for the said license, according to the law of this or any other state, and waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Immediately upon service of process upon the director of licensing and code enforcement, as herein provided, the director of licensing and code enforcement shall send to the licensee at his or her last known address, by registered mail, a copy of said process.

(Prior code § 6-908.; Ord. 1284 § 1, 1983; Ord. 1903 § 1, 2007)

Every person engaged in the activities as set out in this chapter and Section 9.66.010 of this code together with each associate, employee, servant, agent, representative or similar person shall be required to procure from the chief of police, prior to commencing activity, a registration card. The registration card must be worn by the holder thereof upon the outer garment while engaged in the activities enumerated unless indicated otherwise by the chief of police. No person shall wear a registration card unless duly licensed and said card was specifically issued by the chief of police to him. The registration card shall contain the following:

A. Name and address of registrant;

B. Thumbprint of registrant;

C. Nature of licensed activity;

D. Photograph of registrant;

E. Date of expiration of license.

(Prior code § 6-909)

This Chapter 5.56 shall not apply to charitable solicitations governed by Chapter 9.66 of this code.

(Ord. 1715 § 2, 2001)