Earlier editions: 2026-09
Title 5 — BUSINESS LICENSES AND REGULATIONS
Merced Municipal Code Ch. 5.08 License Taxes, Related Provisions, and Regulations for Specific Businesses
Merced Municipal Code · 2026-10 edition · updated 2026-10-04 · Merced
Cite as: Merced Municipal Code Chapter 5.08 · Text as of 2026-10-04
5.08.010 - Generally.¶
The rates of the license tax for the business, trades, occupations and employments named in this chapter are, and the same are fixed in and for the city, in accordance with this chapter and the same shall be paid by any person engaged in or about to engage in, or carrying on, or about to carry on the same in the city. The finance officer shall license businesses under Section 5.08.020 or 5.08.040 in accordance with Section 5.08.015 of this chapter.
(Ord. 1888 § 1 (part), 1994: prior code § 15.27).
(Ord. No. 2425, § 2, 5-19-2014)
5.08.015 - Tax basis election.¶
A. If a business is specifically identified in Section 5.08.040 of this chapter, such business may make an election to be taxed under the gross receipts (Section 5.08.020) or the base rate (Section 5.08.040) provisions of this chapter.
B. Election may be made at the time of filing the application for persons first starting in business and may be revised thereafter. The initial election and any subsequent election shall be made on a form prescribed by the finance officer and shall be in effect for at least a year. Such form shall be filed with the finance officer at least ninety (90) days prior to the beginning of the year the election is to be effective.
C. If no election is made by a business, the business shall be taxed under the provisions of Section 5.08.040.
(Ord. No. 2425, § 3, 5-19-2014)
5.08.020 - Gross receipts license.¶
A. Every person who sells or offers for sale any goods, wares, or merchandise, except as otherwise provided in this chapter, either as principal or agent, whether on commission or otherwise, and whether for present or future delivery, or whether goods, wares or merchandise are owned or consigned to such person, and every person carrying on or conducting the business or occupation as set forth in this section, or who furnishes water service, gas or gas service, electricity or electric service, telephones or telephone service for domestic or other uses, and every person engaged in any other kind of lawful business not otherwise mentioned in this chapter shall pay an annual license based upon annual gross receipts at the following classifications:
Business License Classifications
Classification A
Auto parts and accessories
Furniture
Hardware
Electrical appliances
Appliances—General
Sporting goods
Jewelry and precious jewels
Precious metals
Medicine and drugs
Water and water service
Telephone and telephone service
Electricity and electric service
Gas and gas service
and other businesses not listed above, operating on a gross profit of thirty (30) percent or more will be classified in this category.
Classification B
Bakery products
Butcher shops
Candy stores
Dry cleaning
General merchandising
Groceries
Job printing
Photographic studio
Fowl and animal feed and related products
Florist
Office supplies and equipment
Lunches
Laundry
Meals
Drive-in restaurants
Fruits and vegetables
Shoes
Clothing
Wearing apparel
Soda fountains
and other businesses not listed above, operating on a gross profit of seventeen (17) percent will be classified in this category.
Classification C
Service stations
Ice
Wood
Coal
Tire and recapping
Wholesaler or jobbers of merchandise
Automobiles—New and used
Trucks—New and used
Farm equipment—New and used
Machinery or other articles of manufacture or trade
Lumber and lumber products
Tractors—New and used
and other businesses not listed above, operating on a gross profit of over ten (10) percent to seventeen (17) percent will be classified in this category.
Classification D
All businesses, whether listed above or not, which operate on a gross profit of ten (10) percent or under will be classified in this category.
Gross Sales Classification Rates
| ANNUAL | A | B | C |
|---|---|---|---|
| 3,000 or under | $20.00 | $16.00 | $9.00 |
| 3,001 to 6,000 | 30.00 | 24.00 | 16.00 |
| 6,001 to 9,000 | 40.00 | 32.00 | 23.00 |
| 9,001 to 12,000 | 50.00 | 40.00 | 30.00 |
| 12,001 to 24,000 | 60.00 | 48.00 | 37.00 |
| 24,001 to 36,000 | 70.00 | 56.00 | 44.00 |
| 36,001 to 48,000 | 80.00 | 64.00 | 51.00 |
| 48,001 to 60,000 | 90.00 | 72.00 | 58.00 |
| 60,001 to 72,000 | 100.00 | 80.00 | 65.00 |
| 72,001 to 84,000 | 110.00 | 88.00 | 72.00 |
| 84,001 to 96,000 | 120.00 | 96.00 | 79.00 |
| 96,001 to 108,000 | 130.00 | 104.00 | 86.00 |
| 108,001 to 120,000 | 140.00 | 112.00 | 93.00 |
| 120,001 to 132,000 | 150.00 | 120.00 | 100.00 |
| 132,001 to 144,000 | 154.00 | 123.00 | 102.00 |
| 144,001 to 156,000 | 158.00 | 126.00 | 104.00 |
| 156,001 to 168,000 | 162.00 | 129.00 | 106.00 |
| 168,001 to 180,000 | 166.00 | 132.00 | 108.00 |
| 180,001 to 192,000 | 170.00 | 135.00 | 110.00 |
| 192,001 to 204,000 | 174.00 | 138.00 | 112.00 |
| 204,001 to 216,000 | 178.00 | 141.00 | 114.00 |
| 216,001 to 228,000 | 182.00 | 144.00 | 116.00 |
| 228,001 to 240,000 | 186.00 | 147.00 | 118.00 |
| 240,001 to 252,000 | 190.00 | 150.00 | 120.00 |
| 252,001 to 264,000 | 194.00 | 153.00 | 122.00 |
| 264,001 to 276,000 | 198.00 | 156.00 | 124.00 |
| 276,001 to 288,000 | 202.00 | 159.00 | 126.00 |
| 288,001 to 300,000 | 206.00 | 162.00 | 128.00 |
| 300,001 to 312,000 | 210.00 | 165.00 | 130.00 |
| 312,001 to 324,000 | 214.00 | 168.00 | 132.00 |
| 324,001 to 336,000 | 218.00 | 171.00 | 134.00 |
| 336,001 to 348,000 | 222.00 | 174.00 | 136.00 |
| 348,001 to 360,000 | 226.00 | 177.00 | 138.00 |
| 360,001 to 372,000 | 230.00 | 180.00 | 140.00 |
| 372,001 to 384,000 | 234.00 | 183.00 | 142.00 |
| 384,001 to 396,000 | 238.00 | 186.00 | 144.00 |
| 396,001 to 408,000 | 242.00 | 189.00 | 146.00 |
| 408,001 to 420,000 | 246.00 | 192.00 | 148.00 |
| 420,001 to 432,000 | 250.00 | 195.00 | 150.00 |
| 432,001 to 444,000 | 254.00 | 198.00 | 152.00 |
| 444,001 to 456,000 | 258.00 | 201.00 | 154.00 |
| 456,001 to 468,000 | 262.00 | 204.00 | 156.00 |
| 468,001 to 480,000 | 266.00 | 207.00 | 158.00 |
| 480,001 to 492,000 | 270.00 | 210.00 | 160.00 |
| 492,001 to 504,000 | 274.00 | 213.00 | 162.00 |
| 504,001 to 516,000 | 278.00 | 216.00 | 164.00 |
| 516,001 to 528,000 | 282.00 | 219.00 | 166.00 |
| 528,001 to 540,000 | 286.00 | 222.00 | 168.00 |
| 540,001 to 552,000 | 290.00 | 225.00 | 170.00 |
| 552,001 to 564,000 | 294.00 | 228.00 | 172.00 |
| 564,001 to 576,000 | 298.00 | 231.00 | 174.00 |
| 576,001 to 588,000 | 302.00 | 234.00 | 176.00 |
| 588,001 to 600,000 | 306.00 | 237.00 | 178.00 |
| 600,001 to 612,000 | 310.00 | 240.00 | 180.00 |
| 612,001 to 624,000 | 314.00 | 243.00 | 182.00 |
| 624,001 to 636,000 | 318.00 | 246.00 | 184.00 |
| 636,001 to 648,000 | 322.00 | 249.00 | 186.00 |
| 648,001 to 660,000 | 326.00 | 252.00 | 188.00 |
| 660,001 to 672,000 | 330.00 | 255.00 | 190.00 |
| 672,001 to 684,000 | 334.00 | 258.00 | 192.00 |
| 684,001 to 696,000 | 338.00 | 261.00 | 194.00 |
| 696,001 to 708,000 | 342.00 | 264.00 | 196.00 |
| 708,001 to 720,000 | 346.00 | 267.00 | 198.00 |
| 720,001 to 732,000 | 350.00 | 270.00 | 200.00 |
| 732,001 to 744,000 | 354.00 | 273.00 | 202.00 |
| 744,001 to 756,000 | 358.00 | 276.00 | 204.00 |
| 756,001 to 768,000 | 362.00 | 279.00 | 206.00 |
| 768,001 to 780,000 | 366.00 | 282.00 | 208.00 |
| 780,001 to 792,000 | 370.00 | 285.00 | 210.00 |
| 792,001 to 804,000 | 374.00 | 288.00 | 212.00 |
| 804,001 to 816,000 | 378.00 | 291.00 | 214.00 |
| 816,001 to 828,000 | 382.00 | 294.00 | 216.00 |
| 828,001 to 840,000 | 386.00 | 297.00 | 218.00 |
| 840,001 to 852,000 | 390.00 | 300.00 | 220.00 |
| 852,001 to 864,000 | 394.00 | 303.00 | 222.00 |
| 864,001 to 876,000 | 398.00 | 306.00 | 224.00 |
| 876,001 to 888,000 | 402.00 | 309.00 | 226.00 |
| 888,001 to 900,000 | 406.00 | 312.00 | 228.00 |
| 900,001 to 912,000 | 410.00 | 315.00 | 230.00 |
| 912,001 to 924,000 | 414.00 | 318.00 | 232.00 |
| 924,001 to 936,000 | 418.00 | 321.00 | 234.00 |
| 936,001 to 948,000 | 422.00 | 324.00 | 236.00 |
| 948,001 to 960,000 | 426.00 | 327.00 | 238.00 |
| 960,001 to 972,000 | 430.00 | 330.00 | 240.00 |
| 972,001 to 984,000 | 434.00 | 333.00 | 242.00 |
| 984,001 to 996,000 | 438.00 | 336.00 | 244.00 |
| 996,001 to 1,008,000 | 442.00 | 339.00 | 246.00 |
| 1,008,001 to 1,020,000 | 446.00 | 342.00 | 248.00 |
| 1,020,001 to 1,032,000 | 450.00 | 345.00 | 250.00 |
| 1,032,001 to 1,044,000 | 454.00 | 348.00 | 252.00 |
| 1,044,001 to 1,056,000 | 458.00 | 351.00 | 254.00 |
| 1,056,001 to 1,068,000 | 462.00 | 354.00 | 256.00 |
| 1,068,001 to 1,080,000 | 466.00 | 357.00 | 258.00 |
| 1,080,001 to 1,092,000 | 470.00 | 360.00 | 260.00 |
| 1,092,001 to 1,104,000 | 474.00 | 363.00 | 262.00 |
| 1,104,001 to 1,116,000 | 478.00 | 366.00 | 264.00 |
| 1,116,001 to 1,128,000 | 482.00 | 369.00 | 266.00 |
| 1,128,001 to 1,140,000 | 486.00 | 372.00 | 268.00 |
| 1,140,001 to 1,152,000 | 490.00 | 375.00 | 270.00 |
| 1,152,001 to 1,164,000 | 494.00 | 378.00 | 272.00 |
| 1,164,001 to 1,176,000 | 498.00 | 381.00 | 274.00 |
| 1,176,001 to 1,188,000 | 502.00 | 384.00 | 276.00 |
| 1,188,001 to 1,200,000 | 506.00 | 387.00 | 278.00 |
| 1,200,001 to 36,000,000 | 6.00 | 3.00 | 2.00 |
| 36,000,000 to 72,000,000 | 7.20 | 3.60 | 2.40 |
| 72,000,001 to 108,000,000 | 8.80 | 4.40 | 3.00 |
| 108,000,001 to 144,000,000 | 10.80 | 5.40 | 3.60 |
| Over 144,000,000 add | 13.20 per $12,000 | 6.60 per $12,000 | 4.40 per $12,000 |
Rates for Classification D: one-half of amounts shown in Column C.
B. Gross Receipts Defined. The term 'gross receipts,' as used in this chapter is defined as follows: The total amount of the sale price of all sales, the total amount charged or received for the performance of an act, service or employment of whatsoever nature it may be, whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made, including all receipts, cash credits and property of any kind or nature, without any deduction therefrom an account of the costs of the property sold, the costs of the material used, labor or service costs, interests paid or payable, losses or any other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included and this section shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under any law of the state or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining gross receipts under this section.
C. The term "gross profit," as used in this chapter, is defined as follows:
The difference between the revenues or sales of a business and the related costs and expenses of producing revenues or sales, excluding income or revenue derived from sources other than its regular activities and before income deductions and selling, general and administrative expenses. Income deductions are a class of items which, although necessarily incurred in the course of business and customarily charged before arriving at net income, are more in the nature of costs imposed from without than costs subject to the control of everyday operations. Selling, general and administrative expenses are a grouping of expenses which include such items as salespersons' salaries and commissions, advertising and promotion, travel and entertainment, administrative office payroll and expenses, and executives' salaries. Gross profit percentage for purposes of determining business license classification is calculated by dividing gross profit by revenues or sales.
D. For purposes of determining eligibility and administering this section and Section 5.08.040, the regulations of the State Board of Equalization, State of California shall be used.
(Ord. 1888 § 1 (part), 1994: Ord. 1742 § 2, 1989: prior code § 15.28).
(Ord. No. 2425, § 4, 5-19-2014)
5.08.030 - Reserved.¶
Editor's note— Ord. No. 2425, § 5, adopted May 19, 2014, repealed § 5.08.030, which pertained to tax basis election and derived from prior code § 15.29; and Ord. 1888, § 1 (part), adopted 1994.
5.08.040 - Base rate license.¶
A. The base rate license taxes for the businesses listed below are as follows:
CPI Base Rate Schedule for 2014
| Business | Measurement | Base Tax Rate Per Year (Unless Otherwise Indicated) | BIA |
|---|---|---|---|
| Agricultural Products Processing | $244.04 | ||
| Alcoholic Beverage Distribution | $244.04 | ||
| Alterations/ |
$292.88 | $36.00 | |
| Amusement Rides | Daily/ |
$97.61 | |
| Automotive Part Manufacturing | $244.04 | ||
| Automotive Service, Repair, and Hand Trade Shops | $292.88 | $36.00 | |
| Barbershop | 1—3 Operators | $229.12 | $36.00 |
| Barbershop | Each Additional Operator | $76.40 | $12.00 |
| Beauty Parlor | 1—3 Operators | $292.88 | $36.00 |
| Beauty Parlor | Each Additional Operator | $97.64 | $12.00 |
| Billiard or Pool Hall | First Table | $195.24 | $24.00 |
| Billiard or Pool Hall | Each Additional Table | $97.64 | $12.00 |
| Boat Manufacturing | $244.04 | ||
| Brokers | Each Person | $292.88 | $36.00 |
| Business Service Concern | $292.88 | $36.00 | |
| Campground or Trailer Court | $488.08 | ||
| Carnival or Circus | Weekly | $956.50 | |
| Carnival or Circus | Daily | $191.30 | |
| Coin-Operated Audio/ |
Each Unit | $390.44 | |
| Commercial Salvage Haulers | $292.88 | ||
| Construction Contractors | $381.84 | $60.00 | |
| Custodial and Pest Control Services | $292.88 | $36.00 | |
| Dwelling Units | 3 or More Units/ |
Gross Receipts Plus; $9.56 Per Unit | |
| Feat or Performance | Daily | $97.61 | |
| Financing or Lending Agencies | $763.68 | $120.00 | |
| Fortune Teller | Each Person | $390.44 | |
| Health Services—Licensed Trade | Each Person | $390.44 | $48.00 |
| Household Furniture and Furnishings Manufacturing | $244.04 | ||
| Itinerant Vendor | Daily/ |
$95.46 | |
| Label Manufacturing | $244.04 | ||
| Motels/Hotels | 1—20 Rooms | $585.68 | |
| Motels/Hotels | 21—30 Rooms | $780.96 | |
| Motels/Hotels | 31—60 Rooms | $976.20 | |
| Motels/Hotels | 61—80 Rooms | $1,366.64 | |
| Motels/Hotels | 81—90 Rooms | $1,757.16 | |
| Motels/Hotels | Over 90 Rooms | $1,952.36 | |
| Out-of-Town Wholesale Delivery | $585.68 | $72.00 | |
| Pawnshops | $1,952.36 | $240.00 | |
| Photographic Studio | Each Photographer | $390.44 | $48.00 |
| Producers and Distributors of Heavy Industrial Equipment and Machinery | $244.04 | ||
| Professionals | Each Person | $390.44 | $48.00 |
| Radio Broadcasting | Each Broadcaster | $916.40 | $144.00 |
| Real Estate Agents | First Person | $292.88 | $36.00 |
| Real Estate Agents | Each Additional Person | $195.24 | $24.00 |
| Retail Freight Hauling | Each Vehicle | $292.88 | $72.00 |
| Skating Rink | $780.96 | ||
| Sports Facilities | $976.20 | ||
| Supplying or Distributing Milk | Each Vehicle | $390.44 | |
| Theatres and Shows—Fixed Place of Business | 700 or Greater Seating Capacity | $2,342.84 | |
| Theatres and Shows—Fixed Place of Business | 699 or Less Seating capacity | $976.20 | |
| Theatres and Shows—Fixed Place of Business | Daily | $48.81 | |
| Theatres and Shows—Nonfixed Place of Business | Weekly | $976.19 | |
| Theatres and Shows—Nonfixed Place of Business | Daily | $244.05 | |
| Travel Bureaus | Each Agent | $390.44 | $48.00 |
| Traveling Photographer | $1,103.36 | ||
| Undertaker/ |
$976.20 | $144.00 | |
| Vending Machines | 1-15 Units | $585.68 | |
| Vending Machines | Each Additional Unit | $58.60 | |
| Warehouse | $585.68 |
B. The base rate license tax for each of the businesses identified in subsection A of this section shall be adjusted on April 1st of each year, based upon the change in the Consumer Price Index—All Urban Consumers, West as published by the U.S. Department of Labor, Bureau of Labor Statistics. The new rate will be computed by dividing the December index by 148.1 (the January 1994 index) and then multiplying by the base tax rate licensing tax.
(Amend. 2009; Amend. 2010; Amend. 2011; Amend. 2012; Amend. of 4-1-2013)
(Ord. No. 2425, § 6, 5-19-2014)
5.08.041 - Refunds.¶
A. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in this section.
B. A person, as defined by Section 5.04.010, operating a business, trade, occupation, or employment upon which a license tax is imposed by this chapter may claim a refund or take as credit against taxes collected and remitted the amount of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim with the finance officer, provided such claim is filed no later than one (1) year from the date of the overpayment.
C. No refund shall be paid under the provisions of this section unless claimant establishes his or her right thereto by written records showing entitlement thereto.
(Ord. 2316 § 17, 2008).
(Ord. No. 2425, § 7, 5-19-2014)
5.08.050 - Dwelling units.¶
For the purpose of this chapter, units are defined as structures under one (1) ownership, whether or not joined together or connected, whether located on a single plot of ground consisting of one (1) or more city lots or portions thereof or on different plots of ground located at various places within the city, and which units in the aggregate are intended or designated for or used as the homes of families or households, living independently of one another, and in which every such family or household has provided separate living quarters intended for residents. Every person engaged in the business of keeping or conducting three (3) or more apartment units, cabin units, dwelling units or similar type rental units shall pay an annual license fee based upon annual gross receipts shown in Section 5.08.020 plus the current per unit charge shown in Section 5.08.040 under dwelling units.
(Ord. 1888 § 1 (part), 1994).
(Ord. No. 2425, § 8, 5-19-2014)
5.08.060 - Card tables.¶
Every person who maintains a place where card tables are furnished to the public for the playing of games or cards thereon shall be considered to be engaged in the business of furnishing card tables to the public for the purpose of playing games or cards thereon. A license shall be required for such activity in addition to any other license rewired in this chapter for any other business conducted upon the premises.
(Ord. 1888 § 1 (part), 1994: prior code § 15.32).
5.08.070 - Card tables—Investigation.¶
The character and fitness of every person and place or establishment subject to the provisions of Section 5.08.060 shall first be investigated by the chief of police before any license or renewal of a license is issued. After conducting such investigation, if the chief of police finds that the character, reputation or fitness of any such person, place or establishment is good, he shall notify the finance officer, who shall issue the license. If, after conducting such an investigation, the chief of police finds that the character, reputation or fitness of any such person, place or establishment is bad, then he shall recommend the denial of such license, which recommendation shall be transferred to the finance officer. The finance officer shall thereupon notify the applicant of such fact, whereupon the applicant may appeal to the city manager. If the city manager concurs in the recommendation of the chief of police, or if no appeal to the city manager is made by the applicant the license shall not be issued. At the time of any appeal to the city manager, the city manager shall make available to the applicant the facts upon which the denial of the license or renewal is based.
(Ord. 1888 § 1 (part), 1994: prior code § 15.33).
5.08.080 - Card tables—Appeal.¶
The applicant may appeal to the city council, which must conduct a public hearing into the matter under such rules as the city council may prescribe. If the city council, after the public hearing, concurs in the findings of the chief of police and the city manager, then no license shall be issued to the applicant. If the city council disagrees with the findings of the chief of police and the city manager, then it shall order the license to be issued to the applicant and the finance officer shall so issue the license.
(Ord. 1888 § 1 (part), 1994: prior code § 15.34).
5.08.090 - Card tables—Licensing does not permit prohibited games.¶
Nothing in this chapter shall be construed as permitting or licensing the dealing, playing, carrying an or conducting of any game prohibited by or in any manner contrary to the provisions of the Penal Code of the state or other applicable laws.
(Ord. 1888 § 1 (part), 1994: prior code § 15.35).
5.08.100 - Carnival.¶
The term "carnival" is intended and does apply to what are commonly known as "carnival shows" and other similar aggregations of shows.
(Ord. 1888 § 1 (part), 1994: prior code § 15.36).
5.08.110 - Circus.¶
The term "circus" means any circus, caravan, menagerie or collection of animals or other acrobatic performances.
(Ord. 1888 § 1 (part), 1994: prior code § 15.37).
5.08.120 - Contractors.¶
Any contractor licensed under the base rate provisions of Section 5.08.040 who sells merchandise in connection with a contracting business shall pay an additional license fee for doing business as a merchant under the "gross receipts" provisions of Section 5.08.020 in addition to the base rate license. Every person or firm engaged in the business of a contractor must produce evidence that he holds a valid state contractor's license before a license will be issued.
(Ord. 1888 § 1 (part), 1994: prior code § 15.38).
5.08.130 - Itinerant vendor.¶
"Itinerant vendor" means and includes all persons, both principal and agent, who engage in a temporary and transient business in the city, selling different articles of wearing apparel, dry goods, fancy goods, notions, jewelry, cutlery, groceries, machinery, vehicles of all kinds and types, hardware, tin ware, mill products or merchandise of any class or character, with the intention of continuing such business in the city for a period of not more than ninety days, and who for the purpose of carrying an such business has no fixed place of business or hires, leases or occupies any room, building or structure therein for the exhibition or sale of such items and articles as set forth above, or from which room, building, or structure the sales are to be made or business solicited by means of samples or delivery from house to house; any such person or firm so engaged shall not be relieved from the provisions of this section by reason of associating temporarily with any local dealer, grader, merchant or auctioneer or by conducting such temporary or transient business in connection with, or as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(Ord. 1888 § 1 (part), 1994: prior code § 15.39).
5.08.800 - Solicitor—Defined.¶
"Solicitor" means any person who goes from house to house or from place to place in the city selling or taking orders for or offering to sell or take orders for goods, wares and merchandise for present or future delivery or for services to be performed immediately or in the future whether such person has, carries or exposes a sample of such goods, wares and merchandise or not and whether he is collecting advance payments on such sales or not.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.101).
5.08.810 - Solicitor—License required.¶
It is unlawful for any person to act as solicitor within the city without having first obtained a license issued pursuant to this chapter.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: Ord. 1564 § 2, 1984: prior code § 15.102).
5.08.820 - Solicitor—Application for license.¶
Applicants for license under this chapter shall file with the finance officer an application in writing on a form to be prescribed by the finance officer.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.103).
5.08.830 - Solicitor—Contents of application.¶
The application shall contain the following information:
A. The name and address of the solicitor;
B. The name and address of the person, firm or corporation by whom employed;
C. The length of service of each solicitor with such employer;
D. The place of residence and nature of the employment of the solicitor with such employer during the last preceding year;
E. The nature or character of the goods, wares merchandise or services to be offered by the solicitor;
F. A personal description of the solicitor;
G. A statement as to any convictions of any crimes, misdemeanors, violations of municipal ordinances, the date, the nature of the offense and the penalty assessed therefor.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: Ord. 1534 § 1, 1984: prior code § 15.104).
5.08.840 - Solicitor—Other information.¶
Such information shall be accompanied by such credentials and other evidence of good moral character and identity of each solicitor as may be reasonably required by the finance officer.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.105).
5.08.850 - Solicitor—Application fees.¶
A. The application fee for solicitors hereunder shall be as follows:
For each new application where an investigation is required, five dollars ($5.00) for each application payable in advance;
For each replacement application or issuance of a new identification card, five dollars ($5.00) for each such replacement.
B. Fees and investigations as used in this section refers solely to individuals and not to firms.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: Ord. 1534 § 2, 19984: prior code § 15.106).
5.08.860 - Solicitor—Photograph required.¶
Each application for a license as required by this chapter must be accompanied by two (2) prints of a recent photograph of the solicitor, which photographs shall not exceed two (2) inches square in size and shall be full front views of the face and head only of such solicitor.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: Ord. 1534 § 3, 1984: prior code § 15.101).
5.08.870 - Solicitor—Fingerprints required.¶
At the time of making the application for a license, each solicitor shall present himself at the office of the chief of police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprinting forms provided without expense by the city, including the physical characteristics of each person, identifying marks or scars, age, name, address and signature. Such fingerprint records are to be taken in triplicate and each individual so presenting herself is advised that the city reserves the right to retain one (1) of such fingerprint records in its files for permanent safekeeping, and to send one (1) such fingerprint record to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California Department of Justice at Sacramento, California, for the purpose of filing. No fingerprint records will be returned in the event the license applied for is not issued or is subsequently suspended or revoked.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.108).
5.08.880 - Solicitor—Investigation—Character and business responsibility.¶
The original copy of the application shall promptly be referred to the chief of police, who shall promptly make an investigation of the applicant's character and business responsibility. If the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and the reason therefor and return the application to the finance officer. The finance officer shall notify the applicant that his application is disapproved and that no license will be issued. If the chief of police finds that the applicant's character and business responsibility are satisfactory, he shall endorse his approval on the application and return it to the finance officer, who shall promptly issue the license and identification card.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: Ord. 1534 § 4, 1984: prior code § 15.109).
5.08.890 - Solicitor—License and identification card to be carried on person.¶
Each applicant for a license must at all times retain in his possession the business license issued by the finance officer and each applicant issued an identification card must retain the same in his personal possession at all times were engaged in the business so licensed within the city and must produce and show the same on the demand of any person solicited or of any police officer or official of the city. No person issued an identification card shall alter, remove or obliterate any entry made upon such license or card, or deface such license or card in any way. Each license and card shall be personal and not assignable or transferable, nor shall any license or card be used by any person other than the licensee or the person for whom issued.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: Ord. 1534 § 5, 1984: prior code § 15.110).
5.08.900 - Solicitor—Conditions and regulations.¶
The following conditions and regulations shall also apply to the exercises of the privileges granted by licenses issued under the provisions of this chapter in addition to those set forth in other parts of this chapter or elsewhere in this code:
A. Shouting—calling wares. No person acting under authority of any license issued under this chapter shall shout or call his wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the city.
B. Identification by comparing signature with that on license. Every solicitor, upon the request of any police officer or other officer of the city, shall sign his name for comparison with the signature upon the license or card or the signature upon the license application.
C. Order to be written in duplicate. Any person acting under authority of any license issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer.
D. Loitering on streets or private property. No solicitor shall stop or remain in any one place upon the streets, alleys or public places in the city longer than necessary to make a sale to a customer wishing to buy, nor shall any solicitor stop or remain upon any private property within the city without the consent of the owner thereof or some person having authority to grant such permission.
E. Every solicitor shall, upon request of any person solicited, provide his/her name, business address and telephone number and the name, business address and telephone number of the person, organization, or entity an whose behalf solicitation is being made.
(Ord. 1888 § 1 (part), 1994: Ord. 1733 § 1, 1989: Ord. 1609 § 1 (part), 1986: prior code § 15.111).
5.08.910 - Solicitor—Revocation of license.¶
A. A license issued under this chapter may be suspended or revoked by the chief of police for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license;
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor;
Any violation of this chapter;
Conviction of any crime or misdemeanor involving moral turpitude;
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. This section shall be self-executing and the suspension or revocation shall be effective immediately. The city clerk shall give notice of the suspension or revocation of license and sufficient notice shall be given if mailed or delivered to the licensee at his last known local address.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.112).
5.08.920 - Solicitor's license—Appeals to city council.¶
In the event that any applicant desires to appeal from any order, revocation or other ruling of the finance officer, the chief of police or any other officer of the city, made under the provisions of this chapter, such applicant or any other person aggrieved shall file written notice of such appeal with the city clerk and such matters shall be heard at the next regular meeting of the city council, at which time the city council shall hear and receive evidence, written and oral upon all matters involved. The decision of the city council may be final upon all parties concerned.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.113).
5.08.930 - Solicitation unlawful where "No Peddlers" sign posted.¶
It is unlawful for any person described in Section 5.08.800 of this chapter to perform or attempt to perform the acts described in such section by ringing the doorbell or mocking at the door or otherwise calling attention to his presence of or at any residence whereon a sign bearing the words "No Peddlers", "No Solicitors" or words of similar import is painted or affixed so as to be exposed to public view, and no such person, described in Section 5.08.800 shall perform or attempt to perform any of the acts described in such section in any building, structure or place of business whereon or wherein a sign bearing the words "No Peddlers", "No Solicitors" or words of similar import, is painted or affixed so as to be exposed to public view.
(Ord. 1888 § 1 (part), 1994: Ord. 1609 § 1 (part), 1986: prior code § 15.114).
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