McFarland Municipal Code Ch. 5.32 Peddlers and Solicitors

As used in this chapter, the following terms and phrases shall have the meanings respectively ascribed to them in this section:

A. "Alarm Company Act" means Business and Professions Code Section 7590 et seq. as such statutes now exist or may subsequently be amended.

B. "BSIS" means the California Department of Consumer Affairs' Bureau of Security and Investigative Services."

C. "Engaged in business" means and includes the conducting, managing or carrying on of any business mentioned in this chapter by any person or owner, officer, agent, manager, employee, servant, tenant or lessee.

D. "Peddler" means and includes any person, whether a resident of the city or not, who travels by foot or by any type of conveyance from door to door, house to house, place to place or street to street, carrying, conveying or transporting food, goods, wares, merchandise, or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who without traveling from place to place shall sell or offer the same for sale from any vehicle, or from any place not a permanent store building. The word "peddler" shall mean and include the words "hawker," "huckster" and "itinerant vendor."

E. "Person" means and includes the singular and the plural and shall also mean and include any individual, firm, corporation, association, club, copartnership and any other organization.

F. "Referral sales" mean the sale of goods in which part of the inducement offered by the seller is a rebate, discount, commission or other consideration to be given the buyer when the latter either sells or gives information leading to a sale by the seller of the same or related goods.

G. "Solicitor" means and includes any person, whether a resident of the city or not, who travels either by foot or by any type of conveyance from door to door, house to house, place to place or street to street, taking or attempting to take orders for the sale of foods, goods, wares, merchandise, or other personal property of any nature whatever 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 collects advance payments on such sales or not. The word "solicitor" shall include any person who uses or occupies any building, structure, room, shop, conveyance or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery. The word "solicitor" shall include "itinerant merchants." The word "solicitor" shall also include any person who engages in the business of contacting persons by telephone to secure an appointment to sell subscriptions to magazines, periodicals or other publications and who then goes to the residence or place of business of such person to sell the subscriptions.

(Ord. 107 §1, 1969)

(Ord. No. 044-2015, § 1, 9-10-15)

A. It shall be unlawful for any person to engage in the business of peddler or solicitor within the city, or to go from door to door or house to house or street to street within the city for the purpose, directly or indirectly, and whether or not the same is for the sole purpose, of peddling or soliciting, without first obtaining a license therefor as provided in this chapter.

B. Applicants for a license under this chapter must file with the city clerk a sworn application in writing on a form to be furnished by the city clerk which shall contain the following information:

1. The name and description of the applicant.

2. The applicant's local residence address and permanent or legal residence address.

3. The name and address of the applicant's business, his interest in or relationship with such business, and, if the applicant is employed, the name and address of the employer.

4. A brief description of the nature of the applicant's business and of the product or service to be peddled or solicited.

5. If any food product or substance for oral human consumption which is not prepackaged is to be peddled, a statement by a licensed physician and surgeon dated not more than ten days prior to the filing of the application certifying that the applicant is free of contagious, infectious or communicable disease.

6. If farm products are to be peddled or solicited, whether the same is produced or grown by the applicant.

C. At the time of making application for a license the applicant shall deposit with the city clerk any license fee payable by the provisions of Ordinance No. 7, as amended, or any amendment or revision thereof hereafter ordained, except for those veterans exempt from the payment of a license fee pursuant to Sections 16001 and 16001.5 of the Business and Professions Code of the state. In the event no license pursuant to application is issued, any license fee deposited shall be refunded to the applicant.

D. In the event the application is for a license to engage in the business of peddling any food products or substances for oral human consumption which is not prepackaged, or other thing which might endanger the public health, the city clerk shall refer such application to the health officer of the county who shall cause to be made such investigation and examination of the applicant and the applicant's equipment, facilities, place of business and manner of operation of the same, as the health officer shall deem necessary for the protection of the public health and welfare and to assure compliance with the sanitation laws of the state, county and ordinances of the city. If as a result of such investigation, any of the matters investigated by the health officer are found to be unsatisfactory, the health officer shall endorse on the application his disapproval thereof and his reasons for such disapproval and shall return the application to the city clerk who shall notify the applicant that his application has been disapproved and that no license will be issued. If as a result of such investigation the applicant's equipment, facilities, place of business and manner of operation are found to be satisfactory, the health officer shall endorse on the application his approval and return the application to the city clerk.

E. Except in the case of applications for licenses which have been disapproved by the health officer in the manner provided in this chapter, the city clerk shall, if the foregoing provisions of this section have been complied with, issue a license pursuant to such application which shall contain the name of the licensee, his address, the name and address of his employer, if any, the kind of product or service peddled or solicited, the number of the license, the fee paid, if any, the dates of issuance and expiration thereof, the license number or other identifying description of any vehicle used, and the signature of the issuing officer. The city clerk shall endorse the fact of issuance of a license on the application therefor and shall keep a permanent record of all licenses issued.

F. 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, but if no fee is payable for a license issued pursuant to this chapter then such license shall be valid until the next succeeding thirty-first day of December, provided, however, that no license shall be valid during suspension or after revocation in the manner provided in this chapter.

G. Notwithstanding any provision of this section to the contrary, persons licensed by or registered with the BSIS pursuant to the Alarm Company Act shall satisfy the requirements of this section by doing both of the following:

1. Registering their name and filing with the city clerk a copy of their state issued identification card; and

2. Paying the fee required by subsection C of this section.

(Ord. 210 §9, 1987; Ord. 107 §2, 1969)

(Ord. No. 044-2015, § 2, 9-10-15)

A. This section is for the purpose of regulating peddlers and solicitors under the police powers of the city to preserve the peace and general welfare of the community and is not for the purpose of revenue.

B. It shall be unlawful for any person to engage in the business of peddler or solicitor within the city without first procuring a written permit to do so from the chief of police.

C. Applications for a police permit shall be made in writing to the chief of police, shall be on a form furnished by the chief of police, and shall be signed by the applicant who shall pay an application fee of five dollars upon the filing of such application. The application shall contain the following information:

1. The name and description of the applicant.

2. The applicant's local residence address and permanent or legal residence address.

3. A brief description of the nature of the business and the goods or services to be peddled or solicited.

4. If the applicant is employed, the name and address of his employer, together with credentials establishing the exact relationship between the applicant and such employer.

5. The length of time for which the permit to peddle or solicit is desired.

6. A statement whether or not the applicant has been convicted of any felony or of any misdemeanor involving the violation of any municipal ordinance regulating or taxing any business or of a misdemeanor involving moral turpitude.

7. Such other information as the chief of police shall deem necessary and relevant to a determination of whether a police permit should be issued pursuant to this section.

D. Term and Renewal. The permit will expire on the same date that the business license of the peddler or solicitor expires. Renewals shall be granted upon the payment of a renewal fee of one dollar.

E. Exemptions. Any person of the age of seventeen years or under, or any person of the age of sixty-five or over, and any person who has been issued a gratuitous business license is exempt from the payment of the fees referred to in this section.

F. It shall be the duty of the chief of police to make or cause to be made, within a reasonable time after the filing of each such application, an investigation of the moral character and business responsibility of the applicant.

G. If as a result of such investigation the applicant's moral character and business responsibility are found to be unsatisfactory, or if the applicant has been convicted of a felony, or of a misdemeanor involving the violation of any municipal ordinance regulating or taxing any business or of a misdemeanor involving moral turpitude, then the chief of police shall disapprove the application, and shall endorse his disapproval on the application and his reasons therefor, and shall notify the applicant and the city clerk of such disapproval and shall not issue a permit pursuant to such application.

H. If as a result of such investigation the applicant's moral character and business responsibility are found to be satisfactory, and the applicant has not been convicted of a felony, or of a misdemeanor involving the violation of any municipal ordinance regulating or taxing any business or of a misdemeanor involving moral turpitude, the chief of police shall issue or cause to be issued a permit addressed to the applicant for the carrying on of the business applied for, and the chief of police shall keep a record showing the number of each permit, the purpose for which it is issued, to whom it is issued, and the dates of issue and expiration thereof.

I. It shall be unlawful for any person to engage in the business of peddler or solicitor within the city without having in his possession a valid police permit, issued pursuant to this section. Any person holding a police permit issued pursuant to this section is required to exhibit the same upon the request of any person.

J. The police permit required by this section shall be deemed to be a business permit in the case of persons licensed by the BSIS pursuant to the Alarm Company Act. Notwithstanding any provision of this section to the contrary, employees of persons licensed by the BSIS pursuant to the Alarm Company Act shall not be required to obtain a police permit.

(Ord. 107 §3, 1969)

(Ord. No. 044-2015, § 3, 9-10-15)

A. In addition to obtaining a permit as required by Section 5.32.030, where payment or deposit is demanded in advance of final delivery, a bond shall be furnished to the city clerk by each such person engaged in the business of solicitor. Such bond shall be in the penal sum of five hundred dollars executed by a surety company or by two responsible property owners residing within the city, or, in lieu thereof, a cash bond of equal amount, conditioned upon the making of final delivery of the goods ordered or services to be performed in accordance with the terms in such order, or failing therein, the advance payment of such order be refunded. Any person aggrieved by the action of such solicitor shall have the right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect and in case of cash deposits, such deposits shall be retained by the city for a period of ninety days after the expiration of such license unless sooner released by action of the council. Notwithstanding any provision of this section to the contrary, employees of persons licensed by the BSIS pursuant to the Alarm Company Act shall not be required to furnish a bond pursuant to this section.

B. Referral Sales-Bond Required. In addition to obtaining a permit as required in this chapter, a bond shall be furnished to the city clerk by each person engaged in the business of peddler or solicitor who conducts his business by referral sales. Such bond shall be in the penal sum of five hundred dollars executed by a surety company or by two responsible property owners residing within the city, or, in lieu thereof, a cash bond of equal amount, conditioned upon the seller performing the conditions of the contract entered into in the referral sale. Any person aggrieved by the action of such peddler or solicitor shall have the right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect and in case of cash deposits, such deposits shall be retained by the city for a period of one hundred eighty days after the expiration of such license unless sooner released by action of the city council.

(Ord. 107 §4, 1969)

(Ord. No. 044-2015, § 4, 9-10-15)

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

B. Any license and any permit issued pursuant to this chapter may be revoked at any time by the city clerk, chief of police or health officer of the city for any of the following reasons:

1. Fraud, misrepresentation or false statement contained in the application for a permit or license.

2. Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by such permit.

3. Violation of any provision of this chapter.

4. Conducting the activity authorized by the permit in an unlawful manner, or in such manner as to cause a breach of the peace or as to constitute a menace to the public health, safety or general welfare of the public.

5. Conviction of any crime involving moral turpitude.

(Ord. 107 §5, 1969)

It shall be unlawful for any person to peddle or solicit at any premises within the city 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. 107 §6, 1969)

Any person aggrieved by any action of the city clerk, the chief of police or the health officer 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. 107 §7, 1969)

Every person peddling fruit, vegetables or other farm products prepackaged in sacks, boxes or other containers shall have plainly and indelibly marked on the outside of such container or on a tag attached thereto the correct net weight of the contents of such container where such net weight of the contents exceeds five pounds.

(Ord. 107 §8, 1969)

Anything in this chapter to the contrary notwithstanding, none of the provisions of this chapter shall apply to persons peddling or soliciting goods or publications solely for a bona fide noncommercial (e.g. charitable, religious or political) purpose.

(Ord. No. 044-2015, § 5, 9-10-15)

Editor's note— Ord. No. 044-2015, § 5, adopted September 10, 2015, amended § 5.32.090 in its entirety to read as herein set out. Former § 5.32.090, pertained to exception to chapter—peddling or soliciting for religious purposes, and derived from Ord. No. 107, 1969.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(Ord. 107 §9, 1969)