King City Municipal Code Ch. 5.34 Itinerant Vendors, Solicitors and Peddlers

Note: Prior ordinance history: Ords. 567, 689 and 765.

The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

“Fixed place of business”

means a fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.

“Itinerant vendor”

means any person who sets up a temporary stand or place or uses a portable cart or motor vehicle as defined in the California Vehicle Code for the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. Itinerant vendor does not include a merchant having a fixed place of business within the city, or his or her employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendor does not include a merchant who sets up a temporary stand or place as part of an approved farmers market. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor. Further, “itinerant vendor” includes the terms “sidewalk vendor,” “roaming vendor,” and “stationary sidewalk vendor” as defined within Government Code Section 51036. Lastly, “itinerant vendor” includes the terms “mobile food facility” as defined within California Retail Food Code (Cal Code), Section 113831(a),which states any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. “Mobile food facility” does not include a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.

“Peddler”

means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.

“Person”

means any person, firm, corporation, association, club, society, or other organization.

“Solicitor”

means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.

Wherever the terms “selling” or “sales” are used herein, “buying” and “purchasing”

shall be deemed included.

(Ord. 779 § 3, 2019)

It is unlawful for any solicitor, peddler or itinerant vendor to engage in business within the city without first obtaining a business license and permit which complies with the provisions of this chapter, unless the activities of the solicitor, peddler or itinerant vendor are exempt from municipal regulation by state, federal or local law.

(Ord. 779 § 3, 2019)

(a) Applicants for vendor permits under this chapter shall file with the city clerk a sworn application in writing on a form to be furnished by the city, so a background check can be performed by the city. The application shall contain the following information:

(1) Name, height, weight, eye color and hair color;

(2) Date of birth, driver’s license number, Social Security number, tax identification number or state of California identification card;

(3) Permanent home address and telephone number;

(4) Local address and telephone number (if different from subsection (c) of this section);

(5) A brief description of the business or activity to be conducted;

(6) If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;

(7) The length of time for which the permit is desired;

(8) Two photographs of the applicant, taken within sixty days immediately prior to the date of filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;

(9) A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor within the last ten years. Applicant shall provide information detailing any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefor;

(10) Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.

(11) If a vehicle is to be used, the application must include a description of each vehicle to be used, with license number, make and model.

(b) Applicant shall be fingerprinted by the King City Police Department or via the California Department of Justice LiveScan system and agree to a criminal history records check conducted by the city based upon their fingerprints.

(c) Applicant shall sign an authorization form for the city to seek verification of the information contained within the application, including, but not limited to, the prospective permittee’s criminal history.

(Ord. 779 § 3, 2019)

At the time the application is filed with the city clerk, the applicant shall provide the city with a nonrefundable fee to process their application. The fee shall include an amount to cover the costs of fingerprinting, background checks as well as general review and processing of the application. In the alternative, the applicant may provide the city clerk with a completed background check performed by a third party vendor approved by the city. The amount of the fee shall be established, and from time to time may be amended by resolution of the city council.

(Ord. 779 § 3, 2019)

(a) The city manager or designee shall deny an application based upon any of the following grounds:

(1) The applicant has been issued a local or state permit or license to conduct itinerant vendor, solicitor or peddler activities at any other location within the state of California or another state and the permit or license was suspended or revoked, or the applicant has had disciplinary action relating to the permit or license.

(2) The applicant has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c).

(3) The applicant has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five years preceding the date of the application.

(4) The applicant has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in the Act.

(5) The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the King City Municipal Code and/or state or federal law.

(6) The applicant is under the age of eighteen, or any age as may be set by state law.

(b) Upon approval of an application, the city shall deliver the required permit to the applicant. Such permit shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the permittee, the class of vendor permit issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the permit shall be operative. It shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. The city clerk shall keep a record of all active permits.

(Ord. 779 § 3, 2019)

All permits issued under the provisions of this chapter shall expire one year from date of issuance, unless an earlier expiration date is noted on the permit.

(Ord. 779 § 3, 2019)

The city clerk shall issue to each permittee, at the time of delivery of his or her permit, a badge, which shall be worn continuously by the permittee in such a way as to be conspicuous at all times while the permittee is conducting business in the city pursuant to such permit. The badge shall bear the appropriate words, e.g., “Permitted Vendor” or “Permitted Peddler,” the period for which the permit is issued and the number of the permit, in letters and figures clearly discernible.

(Ord. 779 § 3, 2019)

No permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.

(Ord. 779 § 3, 2019)

Every person required to be permitted under the provisions of this chapter shall exhibit his or her permit when requested to do so by any prospective customer or King City Police Department sworn officer or code enforcement officer.

(Ord. 779 § 3, 2019)

It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a non-illuminated flat sign of not more than one square foot bearing the words “No Solicitors,” or words of similar import.

(Ord. 779 § 3, 2019)

It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential or public premises between the hours of eight p.m. and eight a.m. pacific standard time.

(Ord. 779 § 3, 2019)

The following regulations shall apply to itinerant vendors as defined in Section 5.34.010:

(a) No itinerant vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.

(b) Itinerant vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including, but not limited to, personal vehicle or mobile food truck, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the city manager or designee, who may limit the number of spaces for itinerant vendors. Vendor vehicles, including but not limited to personal vehicle or mobile food truck, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of this code.

(c) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.

(d) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean.

(e) School Zones. No itinerant vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from eight a.m. to four p.m. except for holidays and when school is not in session.

(f) Public Streets. Consistent with Section 10.22.050, no itinerant vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or push cart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disabilities Act or California Disabled Persons Act.

(g) Private Property. Itinerant vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts. The area occupied by each itinerant vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving. Itinerant vendors are prohibited in residential zoning districts.

(h) No itinerant vendor shall sell, display, trade or give away any manufactured goods, services and/or self-prepared or prepackaged food items within three hundred feet of the Salinas Valley Fairgrounds or special events sponsored by the city on Broadway Street unless approved by the city as an event participant.

(Ord. 779 § 3, 2019; Ord. 838, 10/28/2025)

Any city police officer may require any itinerant vendor, solicitor or peddler, who is not known to such officer to be duly permitted to do so, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 779 § 3, 2019)

City staff shall record any violations of this chapter on the permanent record of said permit kept pursuant to the provisions of Section 5.34.050(b) of this chapter.

(Ord. 779 § 3, 2019)

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

(a) Fraud, misrepresentation, or false statement contained in the application for permit;

(b) Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of vendor, solicitor or peddler;

(c) The violation of any provision of this chapter or the King City Municipal Code;

(d) Conviction of any crime involving theft, dishonesty, fraud, narcotics sales, narcotic trafficking or as identified within California Penal Code Sections 667.5 and 1192.7(c) and the Federal Controlled Substance Act;

(e) Conducting the business of vendor, solicitor or peddler in such a manner as to constitute a breach of the peace or create a threat to the health, safety, or general welfare of the public.

(Ord. 779 § 3, 2019)

Notice of the hearing for revocation of a license pursuant to the provisions of Section 5.34.140 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.

Any person denied a permit or had a permit revoked under the provisions of this chapter shall have the right to appeal such action or decision to the city manager or designee. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the action or decision complained of has been mailed to such person’s address as shown on his or her permit application form, or to such person’s last known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city manager or designee and the city manager or designee shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the city manager or designee on such appeal shall be final and binding on all parties concerned. Unless the governing ordinance or statute provides otherwise, if the appellant seeks further relief, the appellant shall file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety calendar days of the date of the decision.

(Ord. 779 § 3, 2019)

Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee as provided in Section 5.34.040 of this chapter, shall cite to the city clerk in statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.

(Ord. 779 § 3, 2019)

Any person who violates any of the provisions of this chapter shall be punished as follows:

(a) With a permit:

(1) An administrative fine not exceeding one hundred dollars for a first violation.

(2) An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation.

(3) An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

(4) Upon a fourth violation of this chapter, the permit shall be rescinded.

(b) Without a permit:

(1) An administrative fine not exceeding two hundred fifty dollars for a first violation.

(2) An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation.

(3) An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.

(c) Failure to pay an administrative fine pursuant to this section shall not be punishable as an infraction or misdemeanor.

Any other violation(s) of the King City Municipal Code shall be subject to the established enforcement and penalties of this code.

(Ord. 779 § 3, 2019)