Indio Municipal Code Ch. 117 Solicitation

[1961 Code, §§ 15A.2 and 15B.2; Ord. 990; Ord. 967; Ord. 1767, 12-15-2021]

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHARITABLE SOLICITOR

Any person or employee or agent of such person who goes from house to house or from place to place, or in or along any highways, streets or sidewalks within the city, selling and making immediate delivery, or offering for sale and immediate delivery to person other than manufacturers, wholesale, jobbers or retailers of such commodities, any goods, wares, merchandise, or other things of value, in possession of such person, or who offers to such persons services to be performed immediately.

PEDDLER

Any person or employee or agent of such person who goes from house to house or from place to place, or in or along any highways, streets or sidewalks within the city, selling and making immediate delivery, or offering for sale and immediate delivery to person other than manufacturers, wholesale, jobbers or retailers of such commodities, any goods, wares, merchandise, or other things of value, in possession of such person, or who offers to such persons services to be performed immediately.

PERSON

Any natural person, business, firm, corporation, association, club, partnership, society, or other entity or organization.

SOLICITOR

Any person or employee or agent of such person who goes from house to house or from place to place, or in or along the highways, streets or sidewalks within the city, soliciting orders from persons other than manufacturers, wholesale, sale or retailers of such commodities, for any goods, wares, merchandise, or other things of value, for future delivery, or who solicits orders from any person for services to be performed in the future, or who solicits funds, money or contributions.

Subchapter 2. Religious and Noncommercial

[1961 Code, § 15A.1; Ord. 990; Ord. 1558, 5-6-2009; Ord. 1767, 12-15-2021]

No person shall, within the city, conduct or allow to be conducted on such person's behalf, the solicitation of funds for charitable purposes unless the person holds a valid charitable solicitor permit issued pursuant to the provisions of this subchapter.

[1961 Code, § 15A.3; Ord. 990; Ord. 1558, 5-6-2009]

Applications for charitable solicitor permits shall be made to the Management Services Director upon forms prescribed by the city. The application shall be declared under penalty of per jury and filed with the Management Services Director. No fee will be required for a charitable solicitation permit.

[1961 Code, § 15A.4; Ord. 990; Ord. 1558, 5-6-2009]

An application for a charitable solicitor permit or a renewal thereof shall be filed under penalty of perjury, and shall contain or be accompanied by the following information:

(A) Documentation from the United States Internal Revenue Service, the California Franchise Tax Board, or such other authority or agency as the Management Services Director may reasonably deem acceptable, that the applicant for the charitable solicitor permit in question is a tax exempt or not-for-profit organization under federal or state income tax laws.

(B) The full name, address and telephone number of the applicant.

(C) The names, addresses and telephone numbers of each person or persons proposed to solicit funds under the charitable solicitor permit.

(D) The length of time during which the solicitation will occur.

(E) A covenant that all solicitation taking place under the requested permit shall be for charitable purposes.

(F) A statement indicating whether or not the applicant or any person(s) affiliated with the applicant that will engage in charitable solicitation under the requested permit has/have been, within the five-year period preceding the application date, convicted (whether by verdict or plea of guilty or nolo contendere) of a felony, any crime constituting theft, or any crime for which conviction gives rise to an obligation to register as an offender pursuant to Cal. Penal Code § 290 or Cal. Health and Safety Code § 11590. Together with such information regarding any such conviction, an applicant shall provide information as to the nature of the criminal offense(s) in question and the disposition corresponding to any such offense(s), including but not limited to any sentence imposed or conditions of parole or probation.

(G) A statement indicating whether or not the applicant or any person(s) affiliated with the applicant that will engage in charitable solicitation under the requested permit has/have suffered or been subject to the revocation or limitation of a permit or license to engage in charitable solicitation or any business activity.

(H) Such other reasonable information as the Management Services Director may deem necessary on a case-by-case basis.

[1961 Code, § 15A.5; Ord. 990; Ord. 1558, 5-6-2009]

Provided that the Management Services Director deems all information provided on the application complete and reliable, and subject to the satisfactory completion of any investigation per § 117.33, the Management Services Director shall issue the charitable solicitor permit, or renewal thereof in question as soon as practicable after the application is filed, but in no event more than ten days after filing or completion of any investigation. The permit, whether for charitable solicitation or commercial solicitation under this chapter, shall be valid for the time stated in the permit application but in no event longer than six months. The permit, if issued, shall include the name of the permit holder, date of expiration, purpose of the solicitation and a permit number assigned by the Management Services director.

[1961 Code, § 15A.6; Ord. 990; Ord. 1558, 5-6-2009]

No charitable solicitor permit issued under this subchapter may be transferred or assigned. Any attempt to assign such permit shall render such permit void.

Subchapter 3. Commercial

[1961 Code, § 15B.1; Ord. 967]

It is unlawful for any person to engage in the business of peddler, as defined in § 117.01, within the city limits without first obtaining a permit therefor as provided herein.

[1961 Code, § 15B.3; Ord. 967; Ord. 1037; Ord. 1056; Ord. 1767, 12-15-2021]

The provisions of this chapter shall not apply to:

(A) Any person distributing milk or food products or other commodities from house to house where a license has been issued for an established route;

(B) The delivery of goods, wares or merchandise, products or provisions or anything of value or to the rendering of services, or to the taking of orders or by the solicitation therefor, by a person engaged in such business at a fixed place of business in the city, but this exemption shall not relieve any person from complying with the provisions of this subchapter merely by reason of associating temporarily with any local dealer, trader, merchant or by conducting such transient business in connection with a part of, or in the name of any local dealer, trader or merchant;

(C) Any person entering in or upon any property or the purpose of obtaining satisfaction of a lawful obligation theretofore incurred by the occupant or occupants thereof;

(D) Commercial agent or salesperson for wholesale houses or firms selling goods, wares or merchandise, or any commodity or service to, or soliciting orders therefor from retail or wholesale dealers or from manufacturers, or to contractors;

(E) Any person selling tickets of admission or entertainments, lectures or events to be held for religious or charitable or educational purposes;

(F) Any person requesting donations for a candidate for political office or recognized political party or organization;

(G) Any charitable organization as defined in § 117.15;

(H) Every honorably discharged or honorably relieved soldier, sailor, or marine of the United States or Confederate States who served in the Civil War, Indian War, the Spanish-American War, any Philippine Insurrection, the Chinese Relief Expedition, the World War of 1914 and years following, or World War II, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state, may distribute circulars, and hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, and the City Council shall issue to such soldier, sailor or mariner without cost, license therefor;

(I) Any person for which the requirement of a license tax amounts to an undue burden upon interstate commerce pursuant to Section § 110.07 of this code shall be entitled to an exemption from or a reduction of the license tax as determined by the provisions of § 110.07;

(J) A sidewalk vendor or vending vehicle operator as defined in § 114.10.

[1961 Code, § 15B.4; Ord. 967; Ord. 1558, 5-6-2009]

Applicant for a permit under this subchapter must file, with the Management Services Director, a verified application in duplicate on a form to be supplied by the Management Services Director which shall contain or be accompanied by the following:

(A) Applicant's finger and thumb prints taken by the Police Department of the city;

(B) Full identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;

(C) The residence and business addresses and telephone numbers of the applicant;

(D) The exact nature of the proposed business;

(E) If an employee or agent, a full identification of employer or principal;

(F) Location or places of transacting business and residence for past two years;

(G) Prior convictions of a crime, misdemeanor or violation of any ordinance, the nature, place and date of such offense and disposition of same;

(H) In the event the proposed activity involves the sale of any food products or substances for human consumption which can be contaminated by handling, a statement by a reputable physician in the county, dated not more than ten days prior to submission of the application, certifying the applicant to be free of contagious, infectious or communicable disease;

(I) A statement as to whether any city or licensing authority has ever refused to issue or renew or has revoked a license for the conduct of the business for which the permit and license is sought, together with an accurate statement of the reasons therefor;

(J) A receipt from the Management Services Director showing payment of the fee established by resolution of the City Council to cover cost of investigation of the facts to be stated in such application form;

(K) A photograph of applicant taken within the past 60 days;

(L) Such other information as the Management Services Director or his/her designee may deem reasonably necessary for the protection of the public safety and general welfare of the community.

[1961 Code, § 15B.5; Ord. 967; Ord. 1558, 5-6-2009]

(A) Investigation. Upon filing with the Management Services Director or his/her designee, one copy of each application for a charitable solicitor permit or a permit to engage in the business of a peddler shall be forwarded to Chief of Police or his/her designee for a background investigation. The Chief of Police shall conduct or waive the background investigation in accordance with § 110.28. Fees for any background investigation as to a permit to engage in the business of a peddler shall be paid in accord with § 110.28(F). Notwithstanding language to the contrary in § 110.28(F), there shall be no fee for a background investigation as to an application for a charitable solicitor permit. Within five days of completing any background investigation performed hereunder, the Chief of Police or his/her designee shall report his/her findings upon investigation to the Management Services Director.

(B)

(1) Management Services Director determination on issuance of permit. The Management Services Director shall approve a charitable solicitor permit or a permit to engage in the business of a peddler pursuant to the provisions of this chapter unless the Management Services Director makes one or more the following stated findings:

(a) The application has not been fully completed;

(b) False information has been reported in the application; and

(c) The Chief of Police or his/her designee has reported that a background investigation indicates that the permit should be denied.

(2) If the permit application is denied, the Management Services Director shall promptly give the applicant notice of that fact, and a succinct explanation of the reason for such denial per division (B) of this section.

(C) Term of permit. The term of any permit granted per this chapter shall be determined by the Management Services Director but in no event be longer than six months.

[1961 Code, § 15B.6; Ord. 967; Ord. 1558, 5-6-2009]

(A) Every permit issued under this subchapter is subject to the right, which is hereby expressly reserved and consented to by applicant, to revoke the same for any of the causes hereinafter mentioned.

(B) Any such permit may be summarily revoked by the Management Services Director or by the City Council for any of the following causes:

(1) Any fraud, misrepresentation or false statement contained in the application;

(2) Any violation of this subchapter or any ordinance of the city or any other laws relating to the permitted business;

(3) Conviction of the permittee of felony or of a misdemeanor involving moral turpitude;

(4) Refusal or failure to make available to the Chief of Police or Management Services Director, upon demand, any records relating to the permitted business which are deemed necessary for the enforcement of this subchapter;

(5) Conducting the business permitted under this subchapter in any unlawful manner or in such manner as is inimical to the health, safety or general welfare of the public;

(6) Upon a determination by the Chief of Police or his/her designee that the holder of a permit issued under this chapter presents a danger to the health, safety or welfare of the community;

(7) If there is any other good and sufficient reason therefor.

[1961 Code, § 15B.7; Ord. 967; Ord. 1558, 5-6-2009]

(A) Any applicant aggrieved by the action of the Management Services Director in refusing to issue any permit, or in summarily revoking any permit already issued, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Management Services Director, within ten days after notice of such action, a verified written statement, in triplicate, setting forth fully the grounds of appeal, and accompanied by a filing fee as established by resolution of the City Council; otherwise the action of the Management Services Director shall be final.

(B) Any applicant or licensee aggrieved by the action of the City Council, in summarily revoking any permit already issued, shall have the right to request a review and reconsideration of such action upon filing with the Management Services Director, within ten days after notice of such action, a verified written statement, in triplicate, setting forth fully the reasons why the decision of the City Council should be reconsidered and reversed, which statement must be accompanied by a filing fee as established by resolution of the City Council; otherwise the action of the City Council shall be final.

(C) The City Council shall set a time and place for the hearing and notice of such hearing on appeal or review shall be given at least five days prior to the date of hearing. At such hearing, the applicant or licensee and his or its attorney may present and submit evidence. The decision and order of the City Council at or after such hearing shall be final and conclusive.

[1961 Code, § 15B.8; Ord. 967; Ord. 1558, 5-6-2009]

(A) If the application is granted and filed with the City Clerk, and the license fee paid, the Management Services Director shall issue to the applicant a permit card which shall contain the name and address, and description of applicant, and the kind of business permitted, date of issue and length of time the same shall operate and other pertinent identifying description.

(B) Such identification card shall be worn constantly by the permittee on the front of his coat or hat or clothing in such a way as to be conspicuous during such time as the permittee is engaged in the actual activity of peddling or soliciting.

[1961 Code, § 15B.9; Ord. 967]

All notices issued or given in compliance with this subchapter shall be in writing and mailed, postage prepaid, to the person affected or entitled thereto, to the address for such purpose specified in the application for general permit. Deposit of such notice in the United States mail constitutes legal service thereof on the date of such deposit.

[1961 Code, § 15B.10; Ord. 967]

(A) It is unlawful for any person to peddle or solicit before the hour of 8:00 a.m. of any day or after the hour of 7:00 p.m. of any day.

(B) It is unlawful for any peddler, or any person pretending to be a peddler, for the purpose of peddling or soliciting, or to pretending to peddle or solicit, to ring the bell or knock at or on any building or entrance thereto whereon there is painted, affixed, or otherwise displayed to the public view any visible sign containing any or all of the words “NO PEDDLERS PERMITTED,” “NO SOLICITORS PERMITTED,” “NO AGENTS PERMITTED,” or words which otherwise propose to prohibit or indicate objection of occupant to peddling or soliciting on the premises, or to attempt to gain admittance thereto.