Humboldt County Municipal Code Ch. 4 Regulation of Peddlers

Sections: Definitions. License Requirement. Duties of Tax Collector Regarding Collection of Fees. Issuance of Licenses. Transferability of Licenses. Payment of License Fees. Amount of Fees. Display of License. Requirement of Bond or Insurance. Entry for Inspection. Exemption for Growers and Producers. Exemption for Commercial Salesmen and Businesses Engaged Exclusively in Hauling or Trucking. License Period. Revocation of License. Penalty. Civil Liability. No Bar to Further Action.

814-1. Definitions. (a) Peddler. For the purpose of this chapter, a “peddler” is hereby defined to be and shall include every person, firm, association, corporation, partnership, or other joint or singular enterprise engaged in by a person or persons who, without a regularly established place of business in Humboldt County, travels from place to place, or who has a stand upon any public street, road, highway or alley, or any other public place, or upon or in any room, building or shed, or in or upon any lot or parcel of land not owned or rented by him, and who solicits, trades, sells or offers for sale any hay, grain, feed, seed or straw, fruit or vegetables, groceries of any kind, meats, fish, eggs, gasoline, oils, automobile accessories, dry goods, furnishings, ready to wear clothing, boots or shoes, crockery, glass ware, tin ware, hardware, paint, sporting goods, tobacco, cigars, cigarettes, tobacco smokers’ articles, candies, confections, or beverages, or any articles thereof other than in or upon a regularly established place of business in Humboldt County, or who delivers any of said above listed articles, as agent or with knowledge of the fact that he is acting as agent for any peddler thereof. The person or firm so engaged shall not be relieved from the provisions of this chapter by reason of association temporarily, with any local dealer, trade, merchant or auctioneer, or by conducting any temporary business in connection with or as a part of or in the name of any local dealer, trade, merchant or auctioneer. (Ord. 172, § 12, 3/14/1933) (b) Regularly Established Place of Business. For the purpose of this chapter, the term “regularly established place of business” is hereby defined to be and shall include the place where any person, firm, association or corporation conducts an establishment having a permanent address regularly open for business and dealing in any of the items enumerated in § 814-1 above, from day to day during ordinary business hours with at least one (1) person on duty during such hours for the bona fide purpose of and whose principal duties are the transaction of said business. (Ord. 172, § 13, 3/14/1933) 814-2. License Requirement. It shall be unlawful for any person to peddle any of the commodities enumerated in § 814-1 of this chapter without having first registered his/her name, address and occupation and procured from said County a license therefor and without having filed a bond and complied with all of the provisions contained in this chapter. (Ord. 172, § 1, 3/14/1933) 814-3. Duties of Tax Collector Regarding Collection of Fees. It shall be and it is hereby made the duty of the Tax Collector, as ex-officio license collector, to receive the registration of all peddlers engaged in peddling any of the items enumerated in § 814-1 of this chapter and to prepare and issue licenses under this chapter for every person liable for the payment of a license fee hereunder and who otherwise complies with the laws of the State of California. It shall be the duty of the Tax Collector to receive the payment of such license fee and to account therefor, and to set forth in each such license the amount of said fee, the period of time covered by said license, the name of the person to whom the same is issued, the number and description of all vehicles used for said peddling, and the location or place of business, if any, where such peddling is to be carried on. (Ord. 172, § 3, 3/14/1933) 814-4. Issuance of Licenses. After payment of the fee therefor, but only upon a showing by the applicant that all laws of the State of California applicable to his business have been complied with, a license shall be issued. The original license shall be delivered to the person to whom the same is issued; provided that if one (1) or more vehicle, pushcart, wagon, automobile or truck is used or operated for said peddling, then a duplicate license is to be issued for each such vehicle, pushcart, wagon, automobile or truck, which duplicate license shall be attached or fastened thereto in a conspicuous place. (Ord. 172, § 4, 3/14/1933) 814-5. Transferability of Licenses. No license granted or issued under any provisions of this chapter shall be transferred in any manner, nor shall the same or any duplicate thereof authorize any person other then the one to whom said license or duplicate was originally issued to peddle any of the commodities enumerated in § 814-1 of this chapter without the written consent of the Tax Collector endorsed thereupon; provided, however, that prior to filing any application for assignment or transfer of any license or duplicate, the applicant shall pay to said Tax Collector a fee of fifty cents ($0.50) for filing the same and which shall also cover the assignment or transfer of the original, when granted, and an additional twenty-five cents ($0.25) for the assignment or transfer of each duplicate of said license. No fee paid under any provision of this chapter shall be returned in any event. (Ord. 172, § 5, 3/14/1933) 814-6. Payment of License Fees. All license fees shall be paid in advance for the term in any license provided, in lawful money of the United States of America, at the office of the Tax Collector and shall be deposited by said Tax Collector in the County general fund. All assignment or transfer fees shall be paid to said Tax Collector. (Ord. 172, § 6, 3/14/1933) 814-7. Amount of Fees. Every person engaged in the business of peddling any of the items enumerated in § 814-1 of this chapter shall apply for a license and shall pay a license fee of Two Hundred Fifty Dollars ($250.00) per year, or One Hundred Fifty Dollars ($150.00) for six (6) months, for a license to peddle same. A duplicate of said license shall be issued with a charge of Twenty Dollars ($20.00) per year, or Ten Dollars ($10.00) for six (6) months, for each additional vehicle, pushcart, wagon, automobile or truck, if more than one (1) is used or operated for said purpose by any peddler. The provisions of this section shall be subject in all respects to the provisions of § 16101 of the Business and Professions Code of the State of California. (Ord. 172, § 10, 3/14/1933)

814-8. Display of License. Every person having a license issued under the provisions of this chapter and peddling thereunder shall keep such license posted and exhibited in a conspicuous part of any premises used by him/her for said purpose. Where any vehicle, pushcart, wagon, automobile or truck is used for peddling, there shall be attached thereto, or in the possession of the driver or operator thereof, a duplicate of said license. The original and/or all duplicates of any license issued shall be produced and exhibited whenever a renewal, assignment or transfer thereof is required, or whenever requested to do so by any person authorized to issue or inspect the same or to collect any fee therefor. (Ord. 172, § 7, 3/14/1933) 814-9. Requirement of Bond or Insurance. No license shall be issued by the Tax Collector to any such peddler until and unless such applicant shall have first filed with the Clerk of the Board of Supervisors, and the same has been approved by said Clerk, a liability insurance policy or bond executed by the applicant as principal and a surety company qualified and authorized to do business in California as surety in the sum of Five Thousand Dollars ($5,000.00) to adequately protect the interests of said County and the public in the particulars hereinafter set forth. The policy of insurance or bond shall bind the obligers thereunder so that such applicant shall fully comply with the provisions of this chapter and with the provisions of all other applicable Code section of said County, and statutes of the State of California, regulating or concerning the sale of the commodities or products mentioned in this chapter and shall pay all judgments rendered against such applicant for injuries to persons and loss or damage to property resulting from the negligent operation of the business of such peddler within the County. The policy of insurance or bond shall also pay all judgments recovered by any person against said applicant arising out of any misrepresentation or deception practiced upon any person transacting business with said applicant as such peddler within said County; and any person injured by such negligent operation of said business or having a claim or cause of action as herein provided shall have a right of action directly on said policy or bond. (Ord. 172, § 11, 3/14/1933) 814-10. Entry for Inspection. It shall be lawful for every peace officer, health officer, agricultural or horticultural inspector or sealer or weights and measures commissioner of the County of Humboldt or of the State of California to enter in and upon any premises mentioned in this chapter at any time for the purpose of inspecting the same, or in order to examine and inspect any vehicle, pushcart, wagon, automobile or truck used for the purpose for which every license is issued under this chapter. Every such peace officer or any other officer or person hereunder authorized may require anyone possessing a license herein provided for to produce the same for inspection. Should any inspection thereof be refused, then said license must forthwith be revoked if the Board of Supervisors find good cause for revocation, upon hearing the matter based upon a verified complaint made by the peace officer or other person authorized to make the inspection or collection. (Ord. 172, § 8, 3/14/1933)

814-11. Exemption for Growers and Producers. The preceding sections of this chapter shall not apply to any grower or producer of any of the commodities specified herein who peddles said commodities or products produced and/or grown by him within the County, except as provided in this section. Such grower or producer shall be required to obtain the growers’ or producers’ permit herein provided for, in the event he shall peddle or sell his products elsewhere than on the premises where the same are produced or grown. He shall be entitled to such permit without the payment of said license fee; provided, however, that such grower or producer shall first file with the Tax Collector, who is hereby authorized to issue such growers’ or producers’ permit, an application for a permit and affidavit setting forth his name and address, the amount and variety or produce he proposes to sell, the places where said produce is grown or produced, and that said produce was actually grown or produced by him. It shall be unlawful for any grower or producer referred to in this section to peddle any articles herein referred to without first having obtained a growers’ or producers’ permit as herein provided, and said permit shall at all times be exhibited to any peace officer upon demand. (Ord. 172, § 14, 3/14/1933) 814-12. Exemption for Commercial Salesmen and Businesses Engaged Exclusively in Hauling or Trucking. The provisions of this chapter shall not apply to any person who is engaged in or who may be employed in the hauling, transportation or trucking or other than the peddling business or who takes orders by sample as a salesman for future delivery to wholesalers or retailers with established places of business in this County. Full compliance with all of the laws of the State of California shall be made, and all information required to be furnished to any peace officer, inspector, sealer or person authorized to made any examination or inspection under any law, or pursuant to the provisions of this chapter, shall be furnished and shall include the original of every shipment and the names of the shipper and of the consignee in each case. This exemption shall apply provided that the operation of any hauling, transportation or trucking business or of any other business is not a part of the peddling business as defined in this chapter, or is not utilized as a subterfuge to evade the provisions of this chapter, the term “hauling, transportation or trucking business” is hereby defined to be and shall be construed as the conveyance from place to place of any articles or goods, wards, merchandise, commodities or supplies, including those items enumerated in § 814-1 of this chapter, and articles of commerce and supplies of every kind, character and description, without, however, peddling, soliciting, trading, selling, offering for sale, or in any other manner disposing thereof for profit or gain while enroute to or for the purpose of making any actual physical delivery thereof. (Ord. 172, § 15, 3/14/1933) 814-13. License Period. Any permit issued under the pursuant to the provisions of this chapter shall remain in force for the period of one (1) year, or six (6) months as the case may be, dependent upon the license fee paid hereunder, unless sooner revoked. Any person desiring to renew any permit issued pursuant to the provisions of this chapter shall make application to the Tax Collector for the renewal thereof, which application for renewal shall be made in the same manner as for the issuance of said original permit. (Ord. 172, § 17, 3/14/1933) 814-14. Revocation of License. Any permit issued pursuant to the provisions of this chapter may be revoked by the Tax Collector for any violation of the conditions of said permit or for any violation of this chapter by the holder of said permit. Before any permit shall be revoked by the Tax Collector, notice in writing shall be given to the holder of said permit of the time and place of hearing the matter of the revocation of said permit, which said notice shall briefly state the reason for revoking said permit, and shall be mailed to the holder of said permit at his/her place of business or residence, as the same appears on his application for said permit; and when said notice is so mailed, the Tax Collector shall have power, upon hearing the matter of the revocation of said permit, to revoke the same or make any order in the premise as may be proper. (Ord. 172, § 18, 3/14/1933) 814-21. Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. (Ord. 172, § 16, 3/14/1933) 814-22. Civil Liability. The amount of any license fee imposed by this chapter shall constitute a debt to said County of Humboldt. Any person who engages in peddling without having registered and obtained a license from said County therefor shall be liable in a civil action brought in the name of the People of the State of California, at the option of said County, as a cumulative remedy and in addition to any criminal prosecution, in any court of competent jurisdiction, for the amount of said license fee imposed by the provisions of this chapter. (Ord. 172, § 2, 3/14/1933) 814-23. No Bar to Further Action. The conviction, fine and/or imprisonment of any person for violating any of the provisions of this chapter shall not operate as a bar against the County to collecting the amount of any license fee hereunder. Nor shall the rendition of a judgment in a civil action in favor of said County in the name of the People of the State of California, or otherwise, for the amount of such license fee, operate as a bar to criminal prosecution for any violation of this chapter. (Ord. 172, § 9, 3/14/1933)

§ 815-1 through 815-41.