Lemon Grove Municipal Code Art. I Solicitors

For the purposes of this article, the following definitions shall apply:

"Established place of business"

means a fixed place, location or building, owned or leased or rented on a yearly or monthly basis, by the person who uses such place, location or building as his permanent place of business. "Established place of business" does not include a residence unless such person possesses a state retail sales tax permit indicating the residence as the business address.

"Goods"

means goods, wares, merchandise, products, chattels of any description, magazines, periodicals or other publications or subscriptions therefor, regularly published newspapers as defined in subsection G of this section excepted.

"House"

means any structure, building, or dwelling which has walls on all sides and is covered by a roof. "House" includes the land area surrounding it.

"Identification card"

means a solicitor's identification card issued to a person who possesses a valid solicitor's permit or who is employed or engaged to solicit by a person permitted to do business as a solicitor within the city.

"Interviewer"

means any person who goes to a house or upon any public place for interviewing persons or soliciting answers to questions for marketing research, opinion, research, attitude surveys, or for any other pool or information gathering service, for compensation or other business enterprise.

"Interviewer"

does not include persons representing governmental entities, political parties, newspapers, radio or television stations, or persons circulating petitions for initiative, referendum or other political purpose.

"Permit"

means a permit which is issued to a person who is doing business as a solicitor in the city.

"Newspaper"

means a publication appearing at regular intervals at short periods of time, as daily, weekly, bi-weekly, usually in sheet form, and containing news that is reports of recent occurrences, political, social, moral, sporting events and items of varied character, both local and foreign, intended for the information of the general reader and has reference to the natural, plain and ordinary significance of the word newspaper and does not refer to or comprehend magazines or periodicals. "Newspaper" does not refer to or comprehend magazines or periodicals. "Newspaper" does not include a regular or periodic advertising circulars, certificates, papers, coupons, books, or pamphlets.

"Public place"

means any place to which anyone may have access without trespassing.

"Retail business"

means sales of goods for any purpose other than resale in the regular course of business. "Retail business" includes retailer.

"Services"

means any act performed for the benefit of another under some arrangement or agreement whereby such act was to have been performed.

"Solicitor"

includes peddlers, hawkers, transient dealers, salespersons or other itinerant vendors, or an interviewer as defined in subsection E of this section, or any person who sets up a temporary stand or goes to a house or dwelling or upon any public place for the purpose of selling services, or offers to sell, or selling by sample, or take orders for, give away or otherwise dispose of any goods, or anything of value, or who offers to distribute or delivers any coupon, certificate, handbill, ticket, token card, paper, circulars, chance coupon, magazine or other items which in turn are redeemable for goods.

"Temporary stand"

means any stand, table, handcart, motor vehicle or other portable or mobile device whereby goods are displayed or dispensed.

"Wholesale business"

means the selling of goods in gross to retail businesses and not by the small quantity or parcels to consumers thereof. "Wholesale business" includes wholesaler.

(Prior code § 21.501; Ord. 45 § 4, 1979)

An individual permitted to do business as a solicitor within the city and who employs or engages others to function or perform as solicitors shall furnish the issuing officer with the name and address, temporary and permanent, of all such persons employed or engaged in solicitations.

(Prior code § 21.502)

A. The terms of a solicitor's permit or identification card shall be one year. However, at the discretion of the issuing officer or at the request of the applicant, the term may be for a lesser period. Thereafter the permit or identification card may be renewed for a period of one year anytime within thirty days prior to the expiration date of said permit or identification card upon application therefor.

B. The fee for a new solicitor's permit shall be thirty dollars for a new period of one year or less. The fee for a permit renewal shall be twenty dollars.

C. The fee for a new solicitor's identification card shall be twenty dollars. The fee for an identification card shall be issued without charge to the applicant who has paid the fee for a solicitor's permit.

D. The appropriate fee shall accompany each application and is nonrefundable. The fees stated in this section are not for revenue purposes but shall be used to defray, in part, the cost of investigation and enforcement of this article.

(Prior code § 21.503; Ord. 45 § 5, 1979; Ord. 51 § 8, 1980)

A. The applicant for a permit and/or identification card shall apply to the issuing officer on forms prescribed by the issuing officer and may be required to furnish the following information about him or herself and his proposed activity:

1. Name;

2. Physical description and three photographs;

3. Fingerprints;

4. Local address;

5. Permanent address;

6. Description of the nature of his business;

7. Description of the nature of his goods or services to be offered;

8. Name and address of employer and a description of the relationship between the applicant and such employer;

9. The length of time for which such permit is desired;

10. A statement of all convictions for all misdemeanors and felonies;

11. Such other information as the issuing officer shall deem necessary and relevant to a determination of whether a permit should be issued pursuant to this article;

B. Upon receipt of an application for a permit and/or identification card, the issuing officer may send copies of such application to any officer or department which the issuing officer deems essential in order to carry out a proper investigation of the applicant. The issuing officer may forward fingerprints to the California Bureau of Identification for research.

(Prior code § 21.504; Ord. 45 § 6, 1979)

A. The procedure to follow, except as otherwise provided in this chapter, in obtaining a permit or identification card is that set forth in the Uniform Permit Procedure, Chapter 5.08. In addition to the reasons stated, the issuing officer may deny, suspend or revoke any application if he finds that the applicant, his agent, representative or employee:

1. Is convicted of any misdemeanor involving violation of any statute or ordinance regulating or taxing any business; or

2. Is convicted of any crime involving any of the offenses described under California Penal Code Section 290; or

3. Is convicted of any crime, the nature of which indicated the applicant's unfitness to act as a solicitor; or

4. Who has violated any of the provisions of this article; or

5. Who makes any false statement of misrepresentations in his application for such permit and/or identification card.

B. For purposes of this section a plea of nolo contendere, or a plea or verdict of guilty, or a finding of guilt by a court, or a forfeiture of bail is deemed to be a conviction whether probation is granted or not.

(Prior code § 21.205)

A. After completing his investigation of the applicant and application, and within thirty days from receipt of such application, the issuing officer shall approve or deny the issuance of the permit and/or identification card pursuant to the provisions of the Uniform Permit Procedure, Chapter 5.08.

B. Upon approval by the issuing officer, the permit and/or identification card issued to the applicant shall show the physical description of the permittee, his name and address, both temporary and permanent, and with the name of his principal if other than the permittee, and the nature of the business for which the permit has been issued. The identification card shall show the expiration date of the permit and shall be signed in ink by the permittee, and shall contain a photograph of the permit.

C. The permit shall also contain a statement that the permit does not constitute an endorsement by the city, or any of its employees, of the purpose of persons conducting the solicitations.

(Prior code § 21.506; Ord. 45 § 7, 1979)

This article shall not apply to:

A. Students from an elementary school or a junior high school, or a high school, or public junior or community college, or public college or public university or any private educational institution, but only while such students are engaged in activity associated with academic or scholastic functions sponsored by and authorized by such schools;

B. Wholesalers, their representatives, agents or employees calling upon retail businesses, nor to retail businesses when such sales are made in the regular course of business and at the established place of business;

C. Sales by a farmer or rancher for products produced within the county by such farmer or rancher at the established place of business of such farmer or rancher;

D. Persons who sell their goods at the rented stall of a lawfully operated swap meet, permitted pursuant to Chapter 5.60, and who comply with the admission records as required in Section 5.60.070 of the city code.

E. A newspaper as defined in Section 5.24.010(G) and its employees.

(Prior code § 21.507; Ord. 45 § 8, 1979; Ord. 190, 1991)

Applicants for a solicitor's permit or solicitor's identification card as described in this section shall be exempt from the appropriate fees.

A. Veterinarians of the Army, Navy, Marines, or Air Force as defined in Section 16102 of the Business and Professions Code of the state. Before any such veteran is permitted under this chapter, such veteran shall submit to the issuing officer proof of release from active duty under honorable conditions or his honorable discharge from the United States Service, or a certified copy thereof.

B. Solicitors who are engaged exclusively in soliciting orders as an agent or representative of any person or persons engaged in interstate commerce which have their place or places of business outside of the state. Before any such agent or representative shall be permitted under this chapter, he shall submit to the issuing officer satisfactory identification and interstate commerce credentials from the person represented, and also comply with the requirements of Section 5.24.040.

(Prior code § 21.508; Ord. 45 § 9, 1979)

Every person permitted under this chapter, while engaged in the business for which permitted, shall display on the front of his person his identification card in a manner and at a location allowing such identification card to be easily seen and read by any other person and, upon demand by any peace officer, shall exhibit such identification card.

(Prior code § 21.509; Ord. 45 § 10, 1979)

No person shall do business as a solicitor from eight p.m. until eight a.m. local time, except by appointment.

(Prior code § 21.510)

A. No solicitor shall contact, or attempt to contact, any occupant of any house or dwelling whereat the owner or occupant of the house or dwelling has posted at the front of the house or dwelling, printed with letters not less than one inch in height, and at the normal entrance way to such house or dwelling, a sign or placard prohibiting such soliciting.

B. No solicitor shall contact, or attempt to contact, any member of the public on any private commercial property which is normally open to the general public whereat the owner or legal occupant thereof has posted at all entrances thereto, printed with letters not less than one inch in height, and at a location which is unobstructed and clearly visible by all persons entering such property, a sign or placard prohibiting such soliciting.

(Prior code § 21.511)