Larkspur Municipal Code Ch. 5.36 Transient Solicitors, Canvassers and Peddlers

Sections: 5.36.010 Intent and Purpose. 5.36.020 Application for License or Permit. 5.36.030 Investigation. 5.36.040 Bond Required. 5.36.050 Issuance of License and Identification Card. 5.36.060 Transient Canvassers, Solicitors and Peddlers.

It is the intent and purpose of this chapter to require of all transient canvassers, solicitors and peddlers the payment of a license fee as herein set forth, and in addition thereto, the information, material, deposit and bond referred to in this chapter; provided, however, that if by reason of being engaged in interstate commerce or if for any other reason set forth in Larkspur Municipal Code Chapter 5.12 hereof, the applicant or licensee is exempt from the payment of any license fee, then such person must nevertheless provide and deliver to the City the information and material, together with the deposit or bond referred to in this chapter, if required. (Ord. 1030 § 2(4), 2018; Ord. 265 § 74A, 1959)

A. Any applicant for a solicitor’s, canvasser’s or peddler’s license or permit shall, in addition to the information required by Larkspur Municipal Code Section 5.16.010 and Chapter 5.32, deliver to the Police Chief:

1. Two (2) copies of a photograph, one and one-half by one and one-half inches in size, taken within the past two (2) years, showing a full front view of face and head only;

2. A complete set of fingerprints on forms provided by the City, of each person who may solicit, canvass or peddle under the license or permit so requested.

B. If any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving the property or service, the application form must be accompanied by a copy of such form, contract, order blank, warranty, agreement or other written or printed document. (Ord. 1030 § 2(4), 2018; Ord. 265 § 74B, 1959)

Upon receipt of an application for a license or permit including the information and materials required by this chapter, the Police Chief shall make an investigation and reports in accordance with Larkspur Municipal Code Sections 5.32.010 and 5.32.020. (Ord. 1030 § 2(4), 2018; Ord. 265 § 74C, 1959)

A. In each case where it appears that the applicant, or any solicitor or representative of the applicant, will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance of services, the applicant shall, before receiving a license, deliver to the Tax Collector a cash deposit of one thousand dollars ($1,000.00), a bond to the City in the penal sum of one thousand dollars ($1,000.00) issued by a surety company authorized to do business within the State of California, or a personal surety bond satisfactory to the Tax Collector. The cash deposit or bond, as the case may be, shall remain in full force and effect and be retained for a period of ninety (90) days after the expiration of any such license or the termination of any such license or the termination of any action upon said bond or deposit of which the Tax Collector shall have been notified unless sooner released by the Tax Collector.

B. The cash depositor surety bond or personal surety bond referred to shall be conditioned upon and shall guarantee the following:

1. The applicant or person licensed will deliver the goods, wares or merchandise which they may contract
or agree to sell or deliver, within the time, in the manner, and of the quality and fitness contemplated by or
referred to in the contract or agreement which they may thereafter make, negotiate or solicit while operating
under such license or permit;

2. Such applicant or licensee will perform the services which they or their principal shall undertake to
perform pursuant to any order, agreement or contract which may be thereafter entered into, negotiated or
solicited while operating or acting under such permit or license;

3. If such applicant or licensee shall fail to do or perform any of the things hereinabove in this chapter set
forth, then and in such event, the applicant or licensee will return and repay to any person who may have

made any advance payment or deposit upon any order or agreement, the whole of such deposit or payment within thirty (30) days after any such default and will pay therewith interest upon such deposit or payment at the rate of ten (10) percent per year from the date of receipt of the deposit or payment until the date of refund, and will pay therewith all reasonable costs, attorney’s fees and other expense which may have been incurred or suffered by the person who may have made such payment or deposit;

4. Such applicant, licensee and bondsman has made such cash deposit or such bond within the City and assumed all of the obligations thereof within the City, and has agreed to and does thereby agree to be sued thereon in the municipal court of the central judicial district of the County of Marin, State of California, or in the superior court of the State of California, in and for the County of Marin, and will accept and acknowledge the jurisdiction of such court and waive all rights to change of venue;

5. The bond shall be construed as and shall be a third party beneficiary bond or deposit and any and all persons with whom any agreement or contract may thereafter be made or from whom any order may be received, or from whom any advance payment or deposit may be received, may rely thereon, be deemed a beneficiary thereof and may sue the applicant or licensee and bondsman in the courts last abovementioned and may be heard and such suit may be tried therein. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 265 § 74D, 1959)

Upon approval of the application for license by the Police Chief or the City Council, as the case may be, and upon receipt of the fee required, if any, the Tax Collector shall issue a business license to the applicant, and individual identification cards to all persons who shall actually solicit for or on behalf of the applicant, whether as principal or otherwise. Such identification card shall have affixed to it the picture, fingerprint, general description and signature of the individual to whom issued, and shall contain reference to the issuance and expiration of the license. The identification card is not transferable and must be kept upon the person of the individual to whom issued at all times while they are engaged in the business so licensed in the City. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(4), 2018; Ord. 265 § 74E, 1959)

A. Transient canvassers, solicitors and peddlers shall pay a license fee of twenty-five dollars ($25.00) per year or, at the option of the licensee, six dollars and fifty cents ($6.50) per quarter or one dollar ($1.00) per day for each person so engaged.

B. “Transient canvassers,” “solicitors” and “peddlers” are any person or persons not operating from or connected with a fixed place of business within the City and not having or possessing any current business license issued under any other provision of this title, and who shall be engaged in the business of going from house to house or from person to person in residential areas of the City, and along the public streets or public places of the City soliciting business of any kind or character or negotiating contracts or orders or displaying goods, wares or merchandise or advertising material or brochures for the purpose of obtaining orders or contracts for the purchase or delivery of goods, wares or merchandise or the performance of services, including selling or taking orders for or offering to sell or offering to take orders for materials, photographs, periodicals, commodities, goods, wares, demonstrators or merchandise or other things of value for future delivery or for services performed immediately or in the future. (Ord. 1030 § 2(4), 2018; Ord. 265 § 74F, 1959)