Chapter 5.04 — ITINERANT PEDDLERS

For purposes of this chapter, an "itinerant peddler" is any person, firm, or corporation without a fixed place of business in Inyo County who, either directly or through salespersons, engages in a temporary business of selling and delivering goods, wares, or merchandise in the county and who, in furtherance of such purpose hires or uses any area, building, structure, motor vehicle, cart, tent, or room, or any street, alley, or other place within the county, for the exhibition and/ or sale of such goods, wares, and merchandise and who, in the case of a person, has no primary residence in the county or which, in the case of a firm or corporation, has its principal place of business outside of the county.

(Ord. 93 § 1, 1962; Ord. 998 § 4, 1998)

It is unlawful for any itinerant peddler to sell, offer for sale, negotiate for sale for subsequent or future delivery or give away any item of personal property, without first being licensed so to do as provided in this chapter.

(Ord. 93 § 2, 1962)

• A. Every itinerant peddler shall obtain, complete and file an application for a license with the tax collector on a form prepared and approved by the tax collector.

• B. The fee for the license shall be seventy-five dollars per year.

• C. Before the issuance of any license, the tax collector shall require and receive from the sheriff a report on the applicant.

• D. It shall be the duty of the county sheriff to obtain such information and physical data as he deems proper and appropriate from all applicants.

• E. The county auditor shall cause to be prepared, with the approval of the license collector, suitable blanks to be used by the license collector as licenses herein required and known as "peddler's license," with a blank receipt attached for the collector when licenses are sold, and the county auditor must number all blanks prior to delivery by him to the license collector. Delivery may be in such quantities as may be required, the auditor taking the license collector's receipt therefor and charging him therewith, giving in the entries of his books the number and amounts thereof. The auditor must also keep a ledger account debiting the license collector and crediting the license collector with all moneys paid into the county treasury on the license account and with all blank licenses returned by him unsold to the auditor.

• F. Any person who is a veteran within the meaning of Section 16102 of the Business and Professions Code of the state shall, upon satisfactory evidence of status, not be charged any fee required by this chapter.

• G. This chapter shall not apply to the sales made to political subdivisions, governmental agencies, or sales made at wholesale as defined in Section16103 of the Business and

Professions Code of the state.

• H. This chapter shall not apply to seasonal sales made by members of the following youth groups, when sales are made under the jurisdiction and control, and as part of the regular practice of said groups:

  1. 4-H Club;

  2. Boy Scouts of America;

  3. Girl Scouts of America;

  4. The Future Farmers of America;

  5. The Rainbow Girls;

  6. Any youth group attached to and sponsored by a regularly organized and established church within the boundaries of the county;

  7. Any established and organized youth group retaining headquarters within the boundaries of the county, not previously enumerated under this subsection, upon written approval of the county sheriff and the district attorney and upon filing of the approval with the tax collector.

• I. 1. This chapter shall not apply to itinerant peddlers who engage in any of the activities for which a license is required pursuant to Section 5.04.020 as part of, or in conjunction with, a fair, festival, or similar event organized or sponsored by a nonprofit entity, so long as the itinerant peddler obtains, and maintains in his/her possession for the duration of such fair, festival or event, written permission to engage in the activities listed in Section 5.04.020 signed by an authorized representative of the sponsoring entity.

  2. Every entity that organizes or sponsors a fair, festival, or event and which grants permission to any itinerant peddler to engage in the activities listed in Section 5.04.020 at the fair, festival or event as authorized by and in accordance with this section shall prepare, and for one year following the event maintain, a written record of the name and address of every itinerant peddler to which it has granted such permission which record it shall surrender to the Inyo County sheriff and/or the Inyo County treasurer-tax collector upon request.

  3. As used herein, a "nonprofit entity" means a corporation described in Section 5046 of the Corporations Code, an association described in Section 21000 of the Corporations Code, or an organization or other entity described in Article 1 of Chapter 4 of Part 11 (commencing with section 23701) of the Corporations Code.

• (Ord. 93 § 3, 1962; Ord. 109 § 1, 1964; Ord. 142 § 1, 1967; Ord. 998 § 3, 1998)

Any person violating the provisions of this chapter is guilty of a misdemeanor.

A conviction of a violation of Section 383 of the Penal Code of the state shall be cause for the summary revocation of any license issued under the provisions of this chapter. (Ord. 93 § 4, 1962; Ord. 109 § 2, 1964)