La Mesa Municipal Code Ch. 6.28 Peddlers and Solicitors

For the purpose of this chapter certain words and terms are defined as follows:

"Charitable purpose." Repealed.

(Ord. 2268; July 9, 1981)

The words "engaged in business" as used herein shall mean and include the conducting, managing or carrying on of any business mentioned herein by any person or owner, officer, agent, manager, employee, servant, tenant or lessee.

For the purposes of this division, the term "interviewer" shall be construed to mean all persons, both principal or agent, who initiate contact with any other person within the city limits for the purpose of interviewing said person or soliciting answers to questions for any reason whatsoever, except that persons engaged in religious, charitable or governmental activities, and members of the news media, shall be excluded from this definition.

(Ord. 2249; January 8, 1981).

The word "person" as used herein shall mean and include the singular and the plural and shall also mean and include any individual, firm, corporation, association, club, copartnership, and any other organization.

The words "salesman," "peddler" and "solicitor" as used herein shall mean and include any person, whether a resident of the city of La Mesa or not, who travels either by foot or by any type of conveyance from door to door, house to house, place to place, street to street, taking or attempting to take orders for the sale of goods, wares, merchandise, merchandise coupons, merchandise books, merchandise tickets, merchandise cards, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subject of such sale or whether he collects advance payments on such sales or not, and whether it is for charity or monetary return. The words salesman, peddler and solicitor shall include any person who uses or occupies any building, structure, room, shop, conveyance or other place within the city of La Mesa for the sole purpose of exhibiting samples and taking orders for future delivery, whether for charity or monetary return. The words "salesman" and "peddler" shall include the terms "itinerant merchants" and "itinerant vendors." The word "solicitor" shall mean one that canvasses or requests (as contribution to charities). The words "peddler" and "solicitor" shall not include real estate broker or real estate salesman.

(Ord. 2100; May 12, 1977)

It shall be unlawful for any person to initiate contact with any other person within the city limits of La Mesa for the purpose of engaging in the business of peddler, solicitor, salesman or interviewer, without first obtaining a license therefor as provided in this chapter.

(Ord. 2249; January 8, 1981)

Applicants for a license under this chapter must file with the director of finance a sworn application in writing on a form to be furnished by the director of finance which shall contain the following information:

(a) The name and description of the applicant;

(b) Applicant's local residence address and permanent legal residence address;

(c) The name and address of applicant's business, his interest in or relationship with such business, and if applicant is employed, the name and address of the employer;

(d) A brief description of the nature of the applicant's business and of the product or service to be peddled or solicited;

(e) The length of time for which the right to do business is required;

(f) The place where the goods or property proposed to be sold, or the 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;

(g) A photograph of the applicant taken within sixty days immediately prior to the date of 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;

(h) The fingerprints of the applicant; and

(i) 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.

At the time of filing the application, a fee as established by city council shall be paid to the director of finance to cover the cost of investigation of the facts stated therein.

(Ord. 1363; May 14, 1963: Ord. 2459 § 7; August 11, 1987)

A. LICENSE FEE. At the time of making application for a license, the applicant shall pay an annual license fee as established by city council resolution for every person acting as a peddler or solicitor as herein defined. In the event no license pursuant to application is issued, any license fee shall be refunded to the applicant. There shall be no proration of the solicitor's permit fee. (Amended by Ord. 2330; November 24, 1983: Ord. 2459 § 7; August 11, 1987).

B. LIABILITY OF AGENTS, EMPLOYEES. Each agent, servant, or employee of a peddler or solicitor shall be licensed under the provisions of Chapter 6.04 and 6.08; and said agent, servant or employee shall procure and be liable for the payment of the license fee herein prescribed, the same as his employer who is also liable therefor.

(Ord. 2182; March 29, 1979)

Upon receipt of such application, the original shall be referred to the Chief of Police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

(Ord. 1363, § 1 (part); May 14, 1963)

If as a result of investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall endorse on such application his disapproval and his reasons for the same, and return the said application to the Director of Finance, who shall notify the applicant that his application is disapproved and that no permit and license will be issued. If as a result of investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, and return said application to the Director of Finance, who shall upon payment of the prescribed license fee deliver to the applicant a license. Such license shall contain the address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing. The Director of Finance shall keep a permanent record of all licenses issued.

(Ord. 1363, § 1 (part); May 14, 1963)

All licenses issued pursuant to this chapter shall be valid only for the period of time for which a license fee has been paid to the City of La Mesa, but if no fee is payable by any licensee for a license issued pursuant to this chapter, except licenses issued pursuant to Section 6.04.410, then such license shall be valid until the next succeeding first day of January, provided, however, that no license shall be valid during suspension or after revocation in the manner provided in this chapter.

(Ord. 1363, § 1 (part); May 14, 1963)

It shall be unlawful for any person to engage in the business of peddler or solicitor within the City of La Mesa without having in his possession a valid license, issued pursuant to this chapter.

Any person holding a license issued pursuant to this chapter is required to exhibit the same upon the request of any person.

(Ord. 1363, § 1 (part); May 14, 1963)

Before any license as provided in this chapter shall be issued to peddlers, solicitors or itinerant merchants, the applicant shall file with the Director of Finance a bond in the sum of one thousand dollars with a surety company. Such bond shall be approved by the City Attorney, conditioned that the applicant shall comply with all of the ordinances and laws of the city and state regulating the sale of such merchandise and as security for any judgment rendered against applicant for any violation of any such ordinances or laws that may be recovered by any person for damage arising out of any misrepresentation or deception made by the applicant, whether such misrepresentations or deceptions are made by the owners or by their agents or employees, either at the time of making the sale or through any advertisement of the product published or circulated with reference to the product.

(Ord. 1363, § 1 (part); May 14, 1963 as amended by Ord. 1964, § 4; November 27, 1973)

In shall be unlawful for any person to make any false statement or misrepresentation in or in connection with any application for a license issuable pursuant to this chapter.

(Ord. 1363, § 1 (part); May 14, 1963)

Any license issued pursuant to this chapter may be revoked at any time by the Director of Finance, Chief of Police of the City of La Mesa for any of the following reasons:

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

(b) Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such license;

(c) Violation of any provision of this chapter;

(d) Conducting the activity authorized by the license in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public;

(e) Conviction of any crime involving moral turpitude.

(Ord. 1363, § 1 (part); May 14, 1963)

It shall be unlawful for any person to peddle or solicit at any premises within the City of La Mesa which are posted with a clearly visible sign bearing the words "No peddlers or solicitors" or similar words of the same purport and effect.

(Ord. 1363, § 1 (part); May 14, 1963)

Persons engaged in, or acting as agents for firms operating under interstate commerce shall be required to register as herein provided. No license fees provided for shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by the applicant for license to place an undue burden upon such commerce he may apply for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. The applicant shall, by affidavit and supporting testimony show his method of business and such other information as the director of finance and city attorney may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The director of finance shall then conduct an investigation from which he shall determine whether the fee fixed is unfair, unreasonable, or discriminatory as to applicant's business.

(Ord. 1363; May 14, 1963)

Any person aggrieved by any action of the director of finance or the chief of police taken pursuant to this chapter shall have the right of appeal to the city council. Such appeal shall be taken by filing with the city clerk, within fourteen days after notice of the action complained of has been received by such person, a statement setting forth fully the grounds of such appeal. The council shall set a time and place for a hearing on such appeal and the city clerk shall promptly give notice of such hearing to the appellant in writing and mailed, postage prepaid, to the appellant at his last known address at least five days prior to the date set for such hearing. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 1363; May 14, 1963)

The provisions of this chapter shall not apply to any charitable organization as defined by Business and Professional Code Section 17510.2 (d).

(Ord. 2268; July 9, 1981)

No person without first having applied for and received a license from the director of finance as provided in this chapter, shall sell or solicit for or on behalf of any person, firm, association or corporation, by telephone or otherwise, for the sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise not regularly carried on for private profit or gain by such person, firm, association or corporation at a fixed place of business in the city, or solicit any contribution or gift in connection with any such amusement, show, entertainment, lecture or other enterprise where such sale or solicitation is for other than a charitable purpose and is made to persons other than the bona fide members of the firm, association or corporation, causing such solicitation or sale, or for or on whose behalf such solicitation or sale is made, and where, in connection with any amusement, show, entertainment, lecture or other enterprise it is represented, advertised, held out, implied or made to appear that such sale, solicitation, contribution or gift or any part of the proceeds therefrom shall belong to or be devoted or used for the benefit of any person, firm, association or corporation.

(Ord. 1427; June 9, 1964)

Any person desiring to do any of the acts mentioned in Section 6.28.180 above shall file an application with the director of finance. Said application shall set forth the following information:

(1) Name and address of the applicant; whether the applicant is affiliated with or working for any other organization than the one for which this solicitation is intended;

(2) Location of national, state and local headquarters, if any;

(3) The names and addresses of all persons directly interested in or who in any manner will be engaged in the work;

(4) The exact purpose for which the proceeds of the solicitation, sale, bazaar, exhibition, promotion, amusement, show, lecture, entertainment or other enterprise or any part thereof, are to be used, including the manner in which and the amount of any compensation intended to be paid to any person, firm, association or corporation out of such proceeds;

(5) The total amount which is sought to be raised;

(6) The bank or place where all or any part of the funds raised by such activity will be placed on deposit or invested;

(7) What records of funds received will be kept and where; where such records will be open to the public;

(8) Whether the uniform or identification worn or carried resembles that of any other group in this area conducting a similar type of activity;

(9) Such other information in respect to the character and past and proposed activity of the applicant and the parties directly interested in or engaged in the work as may be necessary to enable the chief of police to make a full and complete investigation.

(Ord. 2268; July 9, 1981)

The chief of police, upon receipt of an application complying with the requirements of Section 6.28.190 and containing the information required thereby shall conduct such investigation as he may deem necessary.

(Ord. 2268; July 9, 1981)

Should the chief of police after a complete investigation of the applicant and of the representations contained in the application, be of the opinion that the applicant has not stated true facts in his application, or that if a license is granted to the applicant a fraud in all probability would be perpetrated upon the public, the chief of police may refuse to approve the application.

Should the chief of police be satisfied that the application is truthful, that the applicant is acting in good faith and that in all probability a fraud would not be perpetrated upon the public, a license shall be issued to such applicant, providing, however, that as a condition to granting such license, the director of finance may require the applicant to file a bond with the city clerk in the sum of five hundred dollars in a form approved by the city attorney or in lieu thereof, a cash bond of equal amount, and conditioned that if the principal thereof shall fail to devote, pay or use the entire proceeds or the percentage thereof specified in the application, derived from the activity mentioned in the application to the person, firm, association or corporation for or on whose account or benefit such activity was conducted or carried on, then the surety will pay the same to such person, firm, association or corporation, to the amount of such bond.

(Ord. 2268; July 9, 1981)

Any license issued may be revoked if the licensee is not operating in accordance with the application pursuant to which such license was issued or if further activity of said licensee would operate to defraud the public. Such revocation may be made by a registered letter signed by the director of finance at the direction of the chief of police and directed to the address of the applicant as stated upon the application pursuant to which the permit was issued. Said license shall become null and void on and after the third day from the date after which said letter is deposited in the United States Post Office in the city of La Mesa.

Within ten days of the notification of any denial, suspension, or revocation, applicant or licensee may file with the city clerk a written request for a public hearing before the city council to show cause why any denial, suspension or revocation should remain in effect. Such hearing shall be conducted by the city council within fifteen days after the request is filed. Within ten days after the hearing thereof the city council shall serve upon the applicant or licensee by registered mail a written statement of the city council's decision. The decision of the city council shall be final and conclusive.

(Ord. 2268; July 9, 1981)

Subject to compliance with Section 6.28.050, the following are not required to pay a license fee to solicit or peddle as the same are defined in Section 6.28.010:

(a) Any disabled veteran having honorable discharge papers showing disability incurred while in service in the armed forces of the United States, who is a qualified elector of this city at the time of the application for license and who shall have been a bona fide resident of this city for thirty days immediately preceding the date on which application for said license is made.

(b) Any blind person or any indigent person who is not a resident of this city and who by reason of the infirmities of age, loss of limb or other disabling cause is unable to obtain livelihood by other means than street vending or entertaining or house to house selling. Exemption granted hereunder shall not exceed two days in any one month.

(c) Any blind person or any indigent person who is a bona fide resident of this city and who by reason of the infirmities of age, loss of limb or other disabling cause is unable to obtain livelihood by other means than street vending or entertaining or house to house selling.

(d) Any person of the age of seventeen years or under.

(Ord. 1427; June 9, 1964)

It shall be unlawful for any person, on any public street or sidewalk, park or other public place, or in any doorway or entranceway immediately abutting thereon, to solicit the sale or subscription of any reading material or publication, or to sell outright any tangible personal property, for delivery at an immediate or subsequent time.

(Ord. 2249; January 8, 1981)

No license shall be required for any solicitation through the United States mail.

(Ord. 1427; June 9, 1964)

No person shall use or cause to be used a telephone to accomplish any of the acts set forth in Section 6.28.180, unless such person is a bona fide member of an organization in whose name a license has been issued pursuant to the provisions of this chapter and provided further that such person making such solicitation does not receive any compensation therefor.

(Ord. 2268; July 9, 1981)

No person shall operate as a solicitor or interviewer from 8:00 p.m. to 9:00 a.m., local time, except by prior appointment.

(Ord. 2544 § 1; November 7, 1989)