Los Banos Municipal Code Ch. 5 Solicitation, Peddling and Canvassing

(a) This chapter shall be known as the "Los Banos Solicitation Ordinance."

(b) The purpose and intent of this chapter is to balance free speech and expression with the health, safety and welfare of the residents of the City of Los Banos.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

The words and terms used in this chapter shall be defined as follows:

"Applicant"

means the person applying to the City for a permit required pursuant to this chapter.

"Canvasser"

means and includes any person who conducts a poll or survey or who otherwise canvasses from door-to-door, from place to place, from house to house, or from street to street for commercial purposes.

"Charitable purposes"

mean and include activities for the benefit of non-profit philanthropic, social service, benevolent, patriotic, educational, or religious activities, including, but not limited to, nonprofit organizations, tax-exempt organizations, and public and private schools.

"City"

means the City of Los Banos.

"Commercial purposes"

mean and include any and all activities related primarily to an economic transaction such as the exchange of goods or services for a financial fee or cost, excepting activities for charitable purposes or political fundraising and canvassing as defined herein.

"Commercial solicitation"

means the conducting, managing or carrying on of any activities of a canvasser, peddler or solicitor as defined in this section. Commercial solicitation as defined in this section does not include solicitation by telephone or solicitation through the United States mail; or by distribution of a circular, leaflet, flyer, or pamphlet; or upon prior request, invitation, or appointment from an occupant of any residence or business.

"Noncommercial solicitation"

means solicitation not primarily commercial in nature, and not primarily related to an economic transaction such as the exchange of goods or services for a financial fee or cost.

"Peddler"

means and includes any person who, for commercial purposes, travels by foot, automotive vehicle, or any other type of conveyance, from door-to-door, from place to place, from house to house, or from street to street, carrying, conveying or transporting food, goods, wares, merchandise, publications, or other personal property or services offering and exposing the same for sale.

"Person"

means any individual, partnership, corporation, or association, firm, company, society, organization, church, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, or other similar representative thereof.

"Political fundraising and canvassing"

means going in and upon private residences for the purpose of discussing and enlisting resident support on political matters such as, but not limited to, the statutory or regulatory authority of local, or state or national governments, enactment or repeal of legislation and election of candidates to office. Political fundraising and canvassing activities include, but are not limited to: door-to-door soliciting of financial contributions in support of a political candidate's or organization's political activities; circulation of petition(s) for resident signature(s), requesting resident votes in favor or opposition to ballot measures and candidates; enlisting residents to vote, write letters, march or otherwise express their opinions on political matters.

"Solicitor"

means and includes any person who, for commercial purposes, travels by foot, automotive vehicle, or any other type of conveyance, from door-to-door, from place to place, from house to house, or from street to street, taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise, publications, or other personal property for future delivery, 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/she collects advance payments on such sales or not.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

No person shall be relieved of the obligation of obtaining any permit or complying with any other requirement of this chapter by payment of a business license fee pursuant to Chapter 1 of this title.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

No person shall engage in commercial solicitation in the City of Los Banos without first applying for and receiving a valid permit to do so.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

(a) Persons engaging in the following activities do not need a solicitation permit:

(1) Those seeking to obtain contributions or to sell any goods, articles or services of any kind for the support or benefit of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project; or on behalf of any public agency;

(2) Those seeking to influence the personal belief of the occupant of any residence or business in regard to any political or religious matter;

(3) Those seeking to obtain, from an occupant of any residence or business, an indication of the occupant's belief in regard to any political or religious matter;

(4) Those seeking to obtain donations made incidental to canvassing door-to-door on behalf of any charitable, religious or political purpose; or on behalf of any non-profit association, organization, corporation or project; or on behalf of any public agency;

(5) Those engaged in non commercial solicitation as defined herein;

(6) Those engaged in political fundraising and canvassing as defined herein;

(7) Those engaged in mobile vending requiring a vendor permit pursuant to Title 9 Chapter 3 Article 36 of the Los Banos Municipal Code.

(b) Excepting mobile vendors, those persons who are exempt under this section are still required to comply with the requirements set forth in Section 11-5.11 and shall be subject to the provisions of Sections 11-5.14, 11-5.15 and 11-5.16.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

(a) Every person who desires to act as a canvasser, peddler or solicitor shall file an application with the City and pay a nonrefundable application fee in such amount as may be established by the City Council by resolution.

(b) The application shall contain the following information:

(1) Name, birth date, and driver's license or other state-issued photo identification card of the applicant.

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant.

(3) A brief description of the nature of the applicant's business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application.

(4) If employed, the name and address of the applicant's employer together with the credentials establishing the exact relationship between the applicant and the applicant's employer.

(5) Two passport-quality photographs of the applicant, which photographs shall be two (2″) inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner.

(6) Completion of LiveScan fingerprinting by the Los Banos Police Department.

(7) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within 10 years preceding the application date.

(8) A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit.

(9) A statement whether or not the applicant has suffered revocation of any permit required to engage in commercial solicitation in any other jurisdiction within 10 years preceding the application date.

(10) If the applicant is a minor under the age of 16 years old and employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto.

(11) If the application involves the sale of food, produce, or any other item intended for human consumption, the applicant must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, State or Federal law.

(12) Where applicable, documentation from the State of California that the cardholder is in compliance with Government Code Section 12599.

(13) Any additional information as required by the City.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

(a) The City shall approve or deny the permit as soon as practicable but not later than 10 business days of receipt of an application as deemed complete by the City. Sufficient notice shall be given if mailed or delivered to the permittee at the address listed on the application.

(b) Upon approval of the application, the City shall issue the applicant a permit to canvass, solicit or peddle and shall issue an identification card, which shall contain the name, address, and telephone number of the permittee and his or her employer or the business entity he or she represents, and the expiration date of the permit. No permit or identification card shall be transferable.

(c) The City shall deny any application for a permit based upon any of the following:

(1) The applicant made one or more material misstatements in the permit application.

(2) The applicant has been convicted, or held liable for, a crime of moral turpitude, or any felony or misdemeanor offense that reasonably and directly indicates a risk to the public.

(3) The applicant has had a judgment in an action for fraud, deceit or misrepresentation entered against him or her by any court of competent jurisdiction within 10 years prior to the date of the application.

(4) The applicant fails to provide proof of possession of any license or permit which, under Federal, State or local law or regulations, the applicant is required to have in order to conduct the proposed business.

(5) The applicant has previously been convicted for violation of any provision of this chapter or has had any license issued pursuant to this chapter revoked.

(6) The applicant has suffered revocation of any permit required to engage in commercial solicitation in any other jurisdiction within 10 years preceding the application date.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

Every person who acts as a canvasser, peddler or solicitor shall conspicuously display on their person the City issued identification card at all times while engaging in commercial solicitation and shall carry on their person a valid City issued permit. A valid permit and identification card shall be presented upon request by any person approached by the solicitor, peddler, or canvasser for the purposes of soliciting, peddling, or canvassing, and or upon the request of any peace officer or any representative of the City authorized to enforce this chapter.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

Each permit and identification card shall be valid for a period of one year from the date of issuance thereof, unless revoked. Permits and identification cards may be renewed for one-year periods upon payment of a renewal fee in such amount as may be established by the City Council by resolution; provided, however, that the procedure for renewals of permits and identification cards shall be the same as required for original applications, except that fingerprinting and photographing of applicants shall not be required for renewals if deemed to be unnecessary by the City.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

It is a violation of this section for any commercial or noncommercial solicitor to solicit or distribute a circular, leaflet, flyer, or pamphlet at or to any property at which a sign is displayed indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s).

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

The following acts shall constitute a violation of this chapter and shall apply to commercial and non commercial solicitation:

(a) No person shall solicit, peddle, or canvass before the hour of 9:00 a.m. or after the hour of 8:00 p.m., except by prior appointment.

(b) No person shall solicit, peddle, or canvass at any property at which a sign is displayed indicating "No Solicitors" or a similar indication that no solicitation is desired by the occupant(s).

(c) No person shall use profane or abusive language, threatening gestures, or verbal threats during any soliciting, peddling, or canvassing.

(d) No person shall refuse to leave the premises when asked to do so by the occupant(s).

(e) No person shall block or impede the path of the individual(s) being solicited, peddled, or canvassed.

(f) No person shall continue to solicit, peddle, canvass, follow, or accompany any individual after the individual has asked the person to leave or after the individual has declined the solicitation.

(g) No person shall touch the individual(s) being solicited, peddled, or canvassed without that individual(s)' consent.

(h) No person shall knowingly make false statements or misrepresentations during the course of the soliciting, peddling, or canvassing.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

(a) Permits issued under the provisions of this chapter may be revoked by the City at any time for any of the following causes:

(1) Subsequent determination of facts or subsequent occurrences that would have required a denial of the permit at the time of application;

(2) The permittee engages in fraud, misrepresentation, or false statement in the course of engaging in the business of commercial solicitation;

(3) Any violation of this chapter;

(4) The permittee has been convicted, or held liable for, a crime of moral turpitude, or any felony or misdemeanor offense that reasonably and directly indicates a risk to the public;

(5) The applicant engages in commercial solicitation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.

(b) The City shall notify the permit holder of a revocation of a permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three business days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 11-5.13.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

(a) An applicant or permittee who is denied an original permit or a renewal thereof by the City, or whose permit has been revoked, may appeal to the City Manager, by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof.

(b) Notice of such appeal shall be filed with the City Clerk within 14 calendar days after the date written notice of such action appealed from was mailed or personally delivered to the appellant.

(c) The City Clerk shall forthwith set a date for hearing before City Manager or City Manager's designee and shall give the appellant at least five calendar days' notice of the time and place of said hearing.

(d) At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The City Manager or City Manager's designee, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

In addition to any other remedy or penalty set forth in this chapter or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 of Title 4 of this Code.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

(a) The violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of an authorized enforcement officer be enforced pursuant to any available legal remedy including the City's administrative enforcement ordinance of this Code.

(b) Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

(c) Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)

Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(§ 1, Ord. 1100, eff. January 21, 2012, as amended by § 7, Ord. 1161, eff. February 17, 2018)