Oakland Municipal Code Ch. 5.48 Peddlers and Solicitors

For the purpose of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended:

"Peddler" means and includes every person who engages in the business of going from house to house, place to place, or in or along the streets, within the city, selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value, in possession of the peddler, but shall not include selling and delivering, and offering to sell and deliver, items of food and drink for immediate human consumption by a vendor to regular customers along established routes where such sales and deliveries and offers of sale and delivery are made only to such regular customers on the premises of their place of residence or their place of employment or business, in accordance with invitations previously made to such vendor to make regular calls at specific intervals at such premises for the purpose of making sales and deliveries and such items of food and drink for immediate human consumption.

"Solicitor" means and includes every person who engages in the business of going from house to house, place to place, or in or along the streets, within the city of Oakland, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future.

(Prior code §§ 5-10.01, 5-10.01(a), 5-10.01(b))

It is unlawful for any person to solicit or take orders from house to house, or upon any public street, grounds or squares, or within any public buildings, within the city, for the sale of any article, merchandise or other thing of value; or to peddle the same or solicit in such manner any moneys, funds, articles, merchandise, or other thing of value for any charitable, religious, business or other purpose, without a police certificate, provided, however, that no such certificate shall be required of traveling salespersons, or other persons engaged in soliciting or taking orders exclusively from the trade, or established retail dealers, for the delivery of goods, wares or merchandise by wholesale.

An application for a police certificate required by the provisions of this section shall be made in writing to the Chief of Police, shall be presented in person, and shall set forth the nature of the business of the applicant, the firm or corporation which the applicant represents, the kind of goods or property to be sold, solicited or dealt in, and such further information as the Chief of Police may require. The applicant, upon filing his or her application, may be fingerprinted by the Bureau of Identification at the request of the Oakland Police Department.

The Chief of Police, if satisfied as to the business practices of the applicant, shall issue to him or her a police certificate to engage in the said business within the city, which certificate shall be effective for a period of one (1) year from date of issuance, and any renewal thereof shall be made upon application made as herein required in the instance of the original application. Such police certificate, together with any license otherwise required of such person by the provisions of this Code, shall be at all times carried by the person therein certified when he or she is engaged in said business. The Chief of Police shall at all times maintain in his or her office a complete list of all persons to whom such police certificates have been issued.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-10.02)

It is unlawful for any person carrying on the business of peddling as referred to in Section 5.48.010, or any person pretending to be a peddler, or any solicitor as referred to in Section 5.48.010, or any person pretending to be a solicitor, to ring the bell or knock at the door of any residence or dwelling whereon a sign bearing the words "No Peddlers," or words of similar import, are painted or affixed so as to be exposed to public view, or to peddle, or pretend to peddle, or to solicit or pretend to solicit, in any building wherein or whereon the words "No Peddlers," or words of similar import, are painted or affixed so as to be exposed to public view.

(Prior code § 5-10.03)

It is unlawful for any person to engage in, or carry on, the business of itinerant vendor as referred to in Section 5.48.010, or of peddling fruits, vegetables, meat, poultry, fish, game, or other edible foods of any kind, as peddling is referred to in Section 5.48.050, or of junk collector or junk dealer as referred to in Section 5.46.170, in the city, without first obtaining a certificate of accuracy, issued to such person and signed by the Sealer of Weights and Measures of Alameda County, certifying that the weights, measures, scales or other apparatus or appliances used, or to be used, for weighing or measuring any commodity or article sold, or to be sold, by such person in the city, and bought or sold by such person, to be accurate, and no license shall be granted to any such person as provided in Chapter 5.02 unless such person, upon application for such license, exhibits to the Bureau of Permits and Licenses, for inspection, a certificate of accuracy, issued and dated not more than one hundred (100) days previous to the date of such application for a license, and upon issuing such license, the Bureau of Permits and Licenses shall write or stamp upon the face of the certificate of accuracy the license number and the date such license is issued.

(Prior code § 5-10.04)

It is unlawful for vendors of fruits, vegetables, fish or dairy products to display for sale such goods, wares and merchandise to the passing public in or from vehicles or portable stands on the streets or sidewalks of the city, except as may be permitted:

A. By regulations set forth elsewhere in the Municipal or Planning Codes;

B. By any ordinance or resolution establishing and regulating a farmer's market or street market in the city;

C. Within those areas of Oakland subject to the Food Vending Program set forth in Chapter 5.51 of the Municipal Code; and

D. For a limited time in accordance with the Special Event permit program set forth in Chapter 9.52 of the Municipal Code.

(Ord. No. 13421, § 4, 3-28-2017; Ord. 12582 § 2(A) (part), 2004: Ord. 12310 § 2(A) (part), 2001: prior code § 5-10.05)

It is unlawful for any person to sell, or offer for sale, any book, periodical or other publication, except newspapers, from any hand-cart or other vehicle upon the streets or sidewalks of the city, or to maintain any hand-cart or other vehicle for the sale or offering for sale of newspapers, or to sell or offer for sale any newspapers from any hand-cart or other vehicle upon the streets or sidewalks of said city, without first having obtained a permit therefor in compliance with the provisions of Chapter 5.02. The investigating official referred to in Section 5.02.030, to whom the application shall be referred, shall be the Chief of Police.

(Prior code § 5-10.06)

It is unlawful for any person having charge or control of any vehicle used for the vending of goods, wares, merchandise, foods, confections, refreshments or other article, therefrom commonly known as peddlers' carts or vehicles to occupy, or permit to be occupied, as a stand for such cart or vehicle, any portion of any street, lane, alley or sidewalk in the city, or to cause or permit such cart, wagon or vehicle to stand within five hundred (500) feet of any entrance or exit to any public park, public building or public grounds for the purpose of peddling such goods or merchandise therefrom except as may be permitted:

A. By regulations set forth elsewhere in the Municipal or Planning Codes;

B. By any ordinance or resolution establishing and regulating a farmer's market or street market in the city;

C. Within those areas of Oakland subject to the Food Vending Program set forth in Chapter 5.51 of the Municipal Code; and

D. For a limited time in accordance with the Special Event permit program set forth in Chapter 9.52 of the Municipal Code.

(Ord. No. 13421, § 4, 3-28-2017; Ord. 12582 § 2(A) (part), 2004: Ord. 12310 § 2(A) (part), 2001: prior code § 5-10.08)

It is unlawful for any person to traffic in, vend or sell, or attempt to, or offer to, traffic in, vend or sell, any goods, wares, merchandise, meats, vegetables, fruits, berries, produce or any article of household, family or domestic supplies, unless the same is done by such person at a fixed place of business conducted in a building or store lawfully occupied by him or her, or is permitted by:

A. Regulations set forth elsewhere in the Municipal or Planning Codes;

B. Any ordinance or resolution establishing and regulating a farmer's market or street market in the city;

C. The Food Vending Program set forth in Chapter 5.51 of the Municipal Code; and

D. The Special Event permit program set forth in Chapter 9.52 of the Municipal Code.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-10.09)

Nothing in Section 5.48.080 contained shall be construed as preventing or making unlawful the prompt delivery in good faith of any of said personal property to or at any such fixed place of business (so situated and conducted in such building or store within said territory) in any case where such personal property, so being delivered is actually and in good faith consigned goods, or has actually and in good faith been theretofore purchased at a place outside of said territory by such lawful occupant of such fixed place of business, actually doing business therein, and said property is in either such case then being delivered to him or her thereat.

(Ord. No. 13421, § 4, 3-28-2017; prior code § 5-10.10)