Marin County Municipal Code Ch. 5.04 Solicitors and Canvassers

It is unlawful for any solicitor or canvasser, as defined in Section 5.04.020, to engage in such business within the unincorporated territory of the county without first obtaining a solicitor's permit therefor in compliance with the provisions of this chapter.

(Ord. 698 § 1, 1954)

"Canvasser" or "solicitor" is defined as any individual traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject for sale, or whether he is collecting advance payments on such sales or not; provided, however, that the provisions of this chapter shall not apply to salesmen who solicit orders from or sell to retail dealers for resale or to manufacturers for manufacturing purposes or to bidders for public works or supplies, nor shall the provisions of this chapter apply to the county, nor to any person who has or maintains a fixed place of business within the county, nor to any person who is employed by a resident of the county, or by a person, firm or corporation which maintains a fixed place of business within the county, or an organization or fund located outside the county seeking to raise donor tax-deductible funds if such organization presents the county clerk with evidence that such fund or organization has a charitable tax exemption under state and federal law.

(Ord. 2685 § 1, 1982: Ord. 698 § 2, 1954)

Applicants for a solicitor's permit under this chapter must file with the county clerk a verified application in writing, in duplicate, on a form to be furnished by the county clerk, which shall give the following information:

(a) Name and description of the applicant;

(b) Permanent home address and full local address of the applicant;

(c) A brief description of the nature of the business and the goods to be sold;

(d) If employed, the name and address of the employer, together with credentials establishing the exact relationship;

(e) The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed, and the proposed method of delivery;

(f) The fingerprints of the applicant or the names of at least three reliable residents of the county who will certify as to the applicant's good character and business respectability;

(g) A statement as to whether or not the applicant has been convicted of any crime or misdemeanor, other than traffic violations, and the nature of the offense and the punishment or penalty assessed therefor.

(Ord. 1021 (part), 1959: Ord. 698 § 3, 1954)

A. PROCEDURE. Immediately upon receipt of application by the sheriff, and upon the payment of a fee of five dollars and eighty cents, the sheriff shall investigate the application and the applicant to determine whether the applicant's character and business responsibility are good. If the sheriff finds the applicant to be of good character and business responsibility, he shall, within thirty days after receipt of the application by him, report such fact to the county clerk, who shall thereupon issue the permit to the applicant. If the sheriff finds the applicant's character and business responsibility is bad, he shall, within thirty days after receipt of the application by him, report such fact to the county clerk with instructions to withhold the permit from the applicant. A copy of the report shall be at the same time mailed to the applicant at the address contained in the application. In such cases, the county clerk shall refuse to issue the permit unless thereafter instructed to issue the same by the board of supervisors after appeal to the board by the applicant under Section 5.04.070.

B. EXPIRATION. All permits issued under the terms of this chapter shall automatically expire one year from the date of issuance.

(Ord. 1943 § 2, 1972: Ord. 1021 (part), 1959: Ord. 698 § 4, 1954)

Permits issued pursuant to this chapter shall not be assigned or transferred, nor shall they be used by any person other than the person to whom they were issued.

(Ord. 698 § 5, 1954)

A. CAUSES. Permits issued under the provisions of this chapter may be revoked by the board of supervisors after notice and hearing, for any of the following causes:

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

(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser;

(3) Any violation of this chapter;

(4) Conviction of any crime or misdemeanor involving moral turpitude; or

(5) Conducting the business of soliciting or of canvassing, 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. HEARING. Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. The notice shall be mailed, postage prepaid, to the permittee at his last known address at least five days prior to the date set for hearing.

C. VALIDITY. Permits issued pursuant to this chapter shall be valid until revoked.

(Ord. 698 § 6, 1954)

Any person aggrieved by the action of the sheriff or the county clerk in failing to issue a permit as provided in Section 5.04.040 shall have the right to appeal to the board of supervisors. The appeal shall be taken by filing with the county clerk, within fourteen days after notice of the action complained of has been mailed to the person's last known address, a written statement setting forth fully the grounds for the appeal. The board of supervisors shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the appellant in the same manner as provided in Section 5.04.060 for notice of hearing or revocation. The decision and order of the board of supervisors on the appeal shall be final and conclusive.

(Ord. 1021, 1959: Ord. 698 § 7, 1954)

Solicitors and canvassers required to have a permit are required to exhibit the permit at the request of any citizen.

(Ord. 698 § 8, 1954)

It is the duty of the sheriff to require any person, who is required to have a permit, seen soliciting or canvassing within the unincorporated territory of the county, to produce his permit and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 698 § 9, 1954)

Any person engaged in soliciting or canvassing who is not required to obtain a solicitor's permit under the provisions of this chapter may obtain a certificate from the county clerk certifying that he is exempt from the permit requirement, upon the payment of a fee of one dollar to the county clerk and by filing with the county clerk a verified application, in duplicate, on a form to be furnished by the county clerk, which shall give the following information:

(a) Name and description of applicant;

(b) The permanent home address and full local address of the applicant;

(c) A brief description of the nature of the business and the goods to be sold;

(d) If employed, the name and address of the employer, together with credentials establishing the exact relationship;

(e) Such other information as, in the discretion of the county clerk, is necessary to establish the fact of exemption from the requirements of this chapter.

(Ord. 698 § 10, 1954)

The sheriff shall report to the county clerk all convictions for violation of this chapter and the county clerk shall maintain a record for each permit issued and record the reports of violations therein.

(Ord. 698 § 11, 1954)

Notwithstanding any other provisions hereof, the board hereby finds and declares that the practice of going in and upon private residences in this county by any person whatsoever after the hour of six p.m., when not requested or invited to do so by the occupants of the private residences, for the purpose of soliciting orders for the sale of goods, wares, merchandise, personal services and/or for the purpose of disposing of and/or peddling or hawking the same, is hereby declared to be a nuisance. The maintenance or commission of such a nuisance shall constitute a violation of this chapter.

(Ord. 1605 § 1, 1967)

Every person violating any provision of this chapter is guilty of a misdemeanor and shall be punished as provided in Section 1.04.270.

(Ord. 698 § 12, 1954)