Monterey County Municipal Code Ch. 7.20 Itinerant Vendors

For purposes of this Chapter:

A. "Fixed place of business" means a fixed business place, location, building, room, stand, or enclosure separate and distinct from any other business or residence, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance therein between the hours of 8:00 a.m. and 6:00 p.m. for at least four hours per day, for at least five days per week.

B. "Itinerant vendor" means any person who goes from place to place, or from door to door, or sets up a temporary stand or place for the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. "Itinerant vendor" does not include a merchant having a fixed place of business, or his or her employee, who sells, or solicits orders for the sale of goods, wares, merchandise, fruits, or vegetables, after a prior approval, either oral or written, from the vendee.

C. "Reviewing officer" means a designee of the Sheriff who will review applications pursuant to Section 7.20.040 of this Chapter.

(Ord. 3850 § 2, 1995; Ord. 3349, 1988; Ord. 1520 (part), 1967; Ord. 1181 (part), 1961; Ord. 1010 § 1, 1957)

Except as provided by this Chapter, it is unlawful for any itinerant vendor to engage in business in any unincorporated area of Monterey County, whether for himself or herself or as agent or employee of some other person, firm, corporation or association, without having procured from the Sheriff a license for such purpose.

(Ord. 3850 § 3, 1995)

Before any license is issued, the applicant shall file with the Sheriff a sworn application on a form to be furnished by the Sheriff, which shall give the following information:

A. Name of the applicant;

B. Full and complete description of the applicant, including age, sex, height, weight, color of hair and eyes;

C. Address, both permanent and temporary, or local if different from permanent;

D. A brief description of the nature of the business and the goods to be sold and, in the case of products of farm or orchard, whether produced or grown by the applicant;

E. If the applicant is other than self-employed, the applicant shall show the name and address, permanent and temporary, of the firm, person, corporation or association by which he or she is employed, or which he or she represents, and the nature of business and character of goods, wares and merchandise which such firm, person, corporation or association sells or distributes;

F. Four photographs in duplicate of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, and annually thereafter, but in no event later than December 31st of each year. Said photographs shall be two inches by two inches, showing head and shoulders of the applicant in a clear and distinguishing manner;

G. The fingerprints of the applicant, taken by the Sheriff of the County of Monterey;

H. A statement as to whether or not the applicant has been arrested and, if so, a complete record of such arrest or arrests, excepting minor traffic violations, the time when, the place where, the nature of the offense, and the punishment or penalty, if any assessed therefore;

I. If a vehicle is to be used, a description of the same, together with license number, make and model of each vehicle used.

J. If the vehicle is to be used to sell food to the public, then a current health permit issued pursuant to Health and Safety Code Section 27551 or a letter from the Director of Health services or his or her designee indicating that no permit is needed or that a permit has been applied for and is in the process of being issued. No license under this Chapter may be issued until all health permits have been obtained.

(Ord. 3850 § 4, 1995)

A. The Sheriff shall adopt rules and regulations to carry out the purposes of this Chapter. The regulations shall include but not be limited to criteria under which an applicant's business or moral character shall be deemed unsatisfactory to be issued a license.

B. Upon receipt of the application provided for in Section 7.20.030, the reviewing officer shall make an investigation of the applicants business and moral character to the extent that is necessary to comply with the rules and regulations promulgated by the Sheriff.

C. If, as a result of the investigation, the applicants character or business responsibility is found to be unsatisfactory, the reviewing officer shall notify the applicant that his or her application is disapproved, the reasons for its disapproval, and his or her right to appeal the decision to the Sheriff as provided in Section 7.20.060.

D. If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the reviewing officer issue, on payment of the license fees prescribed in the Monterey County Fee Resolution, and deliver to the applicant a serially numbered license. The Sheriff shall keep a record of all licenses issued.

E. If the reviewing officer has not either approved or disapproved the application as provided in this Section within fifteen (15) days of receipt of the application, the reviewing officer shall forthwith report the reasons for the delay to the applicant in writing and notify the applicant of his or her right to appeal to the Sheriff as provided in Section 7.20.060.

(Ord. 3850 § 6, 1995)

A. Prior to the issuance of the license, all itinerant vendors shall pay to the Sheriff a license fee in the amount set forth in the Monterey County Fee Resolution. The itinerant vendor license shall thereafter be renewed semiannually if there is no objection by the reviewing officer and upon the payment of the renewal fee set forth in the Monterey County Fee Resolution, beginning at each semiannual period of each year; the first half of the year shall begin on January 1st and the second half of the year on July 1st.

B. Any soldier, sailor, or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares, merchandise, fruits, or vegetables owned by such person, except spirituous, malt, vinous or other intoxicating liquor, without payment of any of the fees prescribed in this Chapter. Such veteran, at the time of filing his or her application with the Sheriff, shall submit his or her honorable discharge or release from active duty under honorable conditions, or a certified copy thereof.

C. An itinerant vendor who is engaged exclusively in soliciting orders for future delivery, as agent or representative of any person, firm, or corporation having its place or places of business outside the State of California, which orders are transmitted to said person, firm or corporation for acceptance and shipment in interstate commerce, shall not be required to pay a license fee for a license as an itinerant vendor as defined in this Chapter, but shall, at the time of filing his or her application, submit to the Sheriff, identification and credentials from the person, firm, or corporation represented.

D. All application fees are non-refundable and only guarantee that the application will be processed but not necessarily approved.

(Ord. 3850 § 7, 1995)

A. Any applicant dissatisfied with the action of the reviewing officer in either failing to approve or disapprove an application within fifteen (15) days or in disapproving an application shall have the right of appeal to the Sheriff.

B. An appeal from the failure of the reviewing officer to either approve or disapprove an application within fifteen (15) days may be taken by filing with the Sheriff at any time after said fifteen (15) day period, a written statement setting forth the grounds of appeal.

C. At the time of the filing of the appeal, the appellant shall pay to the Sheriff's office a fee as set forth in the Monterey County Fee Resolution.

D. An appeal from the action of the reviewing officer in disapproving an application shall be taken by filing with the Sheriff, within ten (10) days after notice of the disapproval has been mailed to the applicant at the address shown on the application, a written statement setting forth fully the grounds for appeal.

E. The Sheriff shall set a time for hearing the appeal and give written notice of a time and place of the hearing to the applicant at least five days prior to the hearing.

G. The Sheriff shall either affirm or reverse the action of the reviewing officer. If the Sheriff reverses the action, notice of the reversal shall be given to the reviewing officer, who shall, upon payment of the required license fee, issue the license.

(Ord. 3850 § 8, 1995)

No license issued under this Chapter is transferable, and such license shall be used only by the person to whom it has been issued. If the licensee is the employee of another, the license shall be valid only so long as the licensee continues in the employ of such employer. Upon termination of the employment of the licensee, the employer shall immediately give the Sheriff notice of such termination, and the licensee shall forthwith surrender his or her license to the Sheriff.

(Ord. 3850 § 9, 1995)

Every person licensed under this Chapter shall, while engaged in the business for which he or she is licensed, keep his or her license in his or her possession at all times, and shall, upon demand by any peace officer, exhibit such license. The licensee also shall exhibit his or her license upon request to any person to whom he or she sells, attempts to sell, or solicits to purchase for delivery at any future time any goods, wares, merchandise, fruits or vegetables.

(Ord. 3349, 1988; Ord. 1010 § 8, 1957)

A. Nothing in the terms of this Chapter shall be construed as authority for any licensee to engage in any unlawful business or act or acts.

B. The reviewing officer is authorized to suspend temporarily the license of any person licensed under this Chapter whenever it appears that the licensee has engaged in any unlawful business or act or acts. Upon such suspension, the reviewing officer shall, within five days, file with the Sheriff written charges against the licensee.

C. The Sheriff shall set a time for hearing on the suspension or revocation and give written notice of a time and place of the hearing to the licensee at least five days prior to the hearing.

D. The Sheriff shall take such action as the Sheriff deems appropriate including the revocation of the license. Notice of the decision shall be transmitted to the licensee and the reviewing officer.

(Ord. 3850 § 11, 1995)

This Chapter shall not apply to vendors selling to or soliciting orders from farmers or ranchers, business, professional or service establishments for agricultural, business, professional or service supplies; not to wholesalers or their representatives, employees or agents calling upon retail business houses; nor to farmers or ranchers of Monterey County or their employees selling farm products produced in Monterey County by such farmers or ranchers; nor to newspaper carriers while engaged in the business of delivering, selling or soliciting orders for newspapers.

(Ord. 3349, 1988; Ord. 1010 § 11, 1957; Renumbered Ord. 3850 § 10, 1995)

In the event any license issued under this Chapter is lost, destroyed, or mutilated, the person to whom the license was issued may obtain a duplicate thereof upon the payment of a fee set forth in the Monterey County Fee Resolution, by furnishing two photographs of the licensee taken within sixty (60) days immediately prior to the date of application, which photographs conform to the requirements of Section 7.20.030, and furnishing satisfactory proof of loss, destruction, or mutilation to the Sheriff.

(Ord. 3850 § 13, 1995)

No itinerant vendor shall enter upon or cause any agents to enter upon the premises of any person, firm or corporation within the unincorporated area of the County of Monterey where a sign is displayed indicating that no peddlers or solicitors are allowed, unless the vendor has obtained express permission prior to such entering from the occupant of the premises.

(Ord. 3349, 1988; Ord. 1010 § 13, 1957)