Article 3 — SOLICITORS, PEDDLERS AND VENDORS

The purposes of this article are:

• a. The regulation of individuals entering upon private property, particularly private residential property, for the purpose of selling food, merchandise, or services;

• b. The regulation of individuals selling food, merchandise, or services on public sidewalks, public pedestrian paths, or private property, whether by foot, vehicle or other mobile device, whether powered by motor, hand or stationary;

• c. To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as vendors;

• d. To protect the public health, safety and welfare by regulating negative land use, public safety, and traffic impacts;

• e. To balance the rights and interests of those engaged in commercial and nonprofit activities with the rights and interests of those who do not want to be disturbed by such activities on private and public property;

• f. To protect the health, safety and welfare by ensuring adequate access to infrastructure located in the right-of-way, adequate path of travel for pedestrians along City rights-ofway, and the peace and enjoyment of residential zones; and

• g. To protect the public’s use and enjoyment of natural resources and recreational opportunities at City parks and prevent of an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks.

• (Ord. 01-19, 1/8/2019)

Whenever used in this article, the following terms are defined as follows:

• a. "Engaged in business" means and includes the conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity.

• b. "Peddler" means and includes any person carrying, conveying or transporting food, goods, wares, merchandise or other personal property of any nature whatsoever, offering or exposing the same for sale or making sales and delivering articles to purchasers. "Peddler" means and includes the words "hawker" and "huckster."

• c. "Person" means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, partnership, joint venture, and any other organization.

• d. "Solicitor" means and includes any person taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise or other personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.304

§ 5.5.308

sale a sample of the subject of such sale or whether he/she collects advance payments on such sales or not.

• e. "Vendor" means a peddler, solicitor, or any person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, vehicle, or other motorized or nonmotorized conveyance, or from one’s person at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by the person selling, offering to sell, or soliciting for sale.

• f. "Sidewalk vendor" means a vendor who sells upon a public sidewalk or other pedestrian path.

• g. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

• h. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. (Ord. 01-19, 1/8/2019; Ord. 04-19, 3/26/2019)

Except as provided in Section 5.5.308, it is unlawful for any person to engage in the business of vendor, or to go from door to door or home to house or street to street for the purpose, direct or indirect, and whether or not the same is the sole purpose, of vending, without first obtaining a permit and paying the applicable fees as provided in this article. (Ord. 01-19, 1/8/2019)

The following persons and entities shall not be required to obtain the permit required by Section 5.5.306:

• a. Persons soliciting orders from, or selling to, retail dealers for use, or for resale or to manufacturers for processing;

• b. Persons with a valid permit issued pursuant to Article 2 of this chapter and operating pursuant to the terms of that permit;

• c. Public agencies, such as Federal, State or local agencies supported by tax funds;

• d. Any person operating a regular route not less than once a week for newspapers or such goods as egg, dairy or bakery products, or for laundry or dry cleaning services;

• e. Persons delivering or soliciting for a newspaper of general circulation;

• f. Licensed real estate persons;

• g. Persons solely distributing literature, writings or merchandise which seek to inform or persuade the listener to support particular causes or particular views on economic, political or social issues;

• h. Persons solely soliciting signatures for referenda, recall, initiative, candidates for public office or similar electoral processes; and

• i. Persons soliciting funds for any religious, patriotic, philanthropic, social service,

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City of Oakley, CA § 5.5.308

OAKLEY CODE

§ 5.5.312

environmental, fraternal, or charitable purposes. (Ord. 01-19, 1/8/2019)

The Finance Director shall proscribe the forms and procedures for applications for a permit under this article. The forms shall indicate the fee for the application, the fee for the permit and the insurance requirements of this article. The application shall be verified and shall set forth:

• a. Name, birth date, driver’s license or other identification number, and description of the applicant;

• b. Permanent home address and telephone number, and local address and telephone number of the applicant;

• c. The name and address for the applicant’s business, his/her interest in or relationship with such business, and if the applicant is employed, the name and address of his/her employer together with credentials establishing the exact relationship between the applicant and such employer;

• d. A brief description of the nature of the applicant’s business and of the product or service to be peddled, solicited or vended;

• e. The length of time for which the permit to peddle, solicit or vend is desired;

• f. A statement whether or not the applicant, employee or agent has been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within five years;

• g. A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit;

• h. A statement whether or not the applicant has suffered revocation or suspension of any required permit;

• i. A statement whether or not the applicant has failed to pay any business license fee or tax imposed by the City of Oakley;

• j. A picture (of passport quality) of the applicant and any agent, employee or representative who will engage in soliciting or peddling activities, for inclusion on the identification card; and

• k. Other information the Finance Director deems necessary to process the application. (Ord. 01-19, 1/8/2019)

• a. The Finance Director shall refer the application for the permit required by this article to the Police Chief, Community Development Director and other appropriate City officials for investigation and report as necessary. Upon receipt of such reports, the Finance Director shall issue or deny the permit within thirty (30) days of receipt of a completed application. Each permit so issued shall state on the face thereof the date of expiration.

• b. A permit may be denied by the Finance Director on the following grounds:

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.312

§ 5.5.314

• 1. The applicant, employee or agent has been convicted of a felony or misdemeanor involving bodily injury to persons, theft, fraud or misrepresentation;
• 2. The applicant has violated the provisions of this article;
• 3. The applicant has violated any other provisions of this title; or
• 4. The applicant’s permit has been previously revoked as provided in this article.

• c. The Finance Director shall notify the applicant of the denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than ten (10) days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.5.322.

• d. All permits issued under this article shall be in the form of an identification card, which shall include a photo of the permittee, in a format prescribed by the Finance Director.

• (Ord. 01-19, 1/8/2019)

Peddlers, solicitors, and vendors shall comply with the following:

• a. Display. Every applicant shall be issued a permit to be carried on person and exhibited on request by any person to persons they deal with and shall at all times carry the permit issued hereunder and exhibit it on request to any police officer or designated City official.

• b. Activities Creating Nuisance. No solicitor, peddler or vendor, in the course of activities regulated in this article, shall create any public nuisance or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any other actions constituting a public nuisance.

• c. Restricted Premises. No person shall peddle or solicit at any premise which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or words of the same import.

• d. Hours of Operation. It shall be unlawful for any person to enter upon any residential premises for the purpose of contacting the occupant between 5:00 p.m. and 10:00 a.m., unless that person is invited by or known to the occupant. It is unlawful for any permittee to conduct any activities regulated under the provisions of this article between 10:00 p.m. and 5:00 a.m.

• e. Transfer Prohibited. It is unlawful for any person other than the permittee to use or wear any permit issued under the provisions of this article.

• f. Location of Permitted Activities. No person shall peddle, solicit or vend in any of the following places within the City:

  • 1. Within five hundred (500) feet of the closest point on the property line of a school serving students eighteen (18) years of age or younger;
  • 2. Within three hundred (300) feet of the closest point on the property line of a public park or public playground, except upon a public sidewalk or pedestrian path;

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City of Oakley, CA

OAKLEY CODE

§ 5.5.314

§ 5.5.314

• 3. Within three hundred (300) feet of the closest point on the property line of a municipal recreational center, except upon a public sidewalk or pedestrian path;
• 4. Within one hundred (100) feet of any street intersection;
• 5. At a location where space for pedestrian passage will be reduced to less than six feet;
• 6. On any sidewalk or street adjacent to a curb which has been designated as a white, yellow, blue, or red zone;
• 7. Within fifteen (15) feet of any crosswalk, fire hydrant, or driveway;
• 8. Within one hundred (100) feet of any public transit bus stop sign;
• 9. On landscaped areas of public property;
• 10. Within five hundred (500) feet of any City-permitted activities, including but not limited to construction related street or lane closures, special events, swap meets, filming, festivals, or farmer’s markets;
• 11. Within the roadway, medians, pedestrian islands, and bikeways;
• 12. Directly in front of any building or within twenty (20) feet of the entrance or exit from any building;
• 13. Stationary sidewalk vendors are prohibited from operating within all residential zones.

All leagues that have reserved by permit a public park or facility shall be exempt from subsections (f)(1) and (10) of this section and shall be allowed to vend only within the space reserved and in compliance with the provisions of the remaining subsections of this section. Leagues are allowed to conduct vending services or allow for another vendor to conduct vending services only during the time that the public park or facility has been reserved for such leagues. Leagues must obtain written permission from the City Manager or his or her agent prior to allowing another vendor to conduct vending services during the time that the public park or facility has been reserved for such leagues.

The vendor designated by the leagues is required to obtain a permit from the City before conducting vending services for the leagues. Leagues shall be responsible for obtaining all necessary licenses and permits. Leagues or other vendor(s) shall provide their own water, electricity and garbage disposal. Alcoholic beverages may not be sold or provided. In the event cooked food is to be provided, the provisions of Section 6.5.124 shall apply.

Any vendor operating pursuant to this provision, and any league authorizing any vendor, shall hold the City of Oakley, its employees, agents, officers, and officials harmless and free from any liability, and shall defend and indemnify the City, its employees, agents, officers and officials from any claim, demand or lawsuit brought with respect to any such vendor operation.

• g. Display. Permittees shall not display any products for sale or advertisement on fences, walls, trees, signs, or any other permanent structure.

• h. Waste Receptacles. Permitees shall provide waste receptacles for the business customers’ use.

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.5.314

§ 5.5.318

• i. Compliance with Law. This article may not be the sole source of regulation of the activities permitted under this article. Permittees shall comply with all State and Federal laws and all local ordinances.

• j. Insurance. Every permittee shall obtain and maintain in full force and effect insurance of types and amounts established by the Finance Director.

• (Ord. 01-11, 1/11/2011; Ord. 15-13, 10/8/2013; Ord. 01-19, 1/8/2019)

All applications for permits under the provisions of this article shall be accompanied by an application fee. No application fee paid under this article shall be refunded. All original permits and renewals granted under this article shall also require a fee. All permits issued under the provisions of this article shall be valid for one year. A permit may be renewed by the timely payment of a renewal fee prior to the expiration of the permit. All permits shall cease and terminate thirty (30) days after the default of payment. Any permit that has terminated pursuant to this article shall require the filing of a new application for a permit under this article. No permit fee paid under this article shall be refunded. Such fees shall be established by resolution of the City Council.

(Ord. 01-19, 1/8/2019)

• a. Each and every violation of the provisions of this chapter is hereby deemed unlawful and a public nuisance. Each and every violation of the provisions of this chapter shall constitute a separate violation. Each day a violation is committed or permitted to continue shall constitute a separate offense.

• b. Any person that causes, permits, aids, abets, suffers or conceals a violation of this chapter shall pay an administrative fine not exceeding $100 for the first violation, an administrative fine not exceeding $200 for a second violation within one year, and an administrative fine not exceeding $500 for a third violation within one year. Any subsequent violation of this chapter within one year may result in the suspension of a permit issued under this chapter pursuant to Section 5.5.320.

• c. Any person that causes, permits, aids, abets, suffers or conceals a violation of Section 5.5.306 shall pay an administrative fine not exceeding $250 for the first violation, an administrative fine not exceeding $500 for a second violation within one year, and an administrative fine not exceeding $1,000 for a third and any subsequent violation within one year.

• d. When there is determined to be an imminent threat to public health, safety or welfare, the Finance Director may take immediate action to suspend a permit issued under this chapter and give the permit holder a written notice in person or by mail of the suspension. The notice must contain a statement of the facts upon which the Finance Director has acted in suspending the permit. The notice must contain a statement of the appeal procedure contained in Section 5.5.322.

• e. The City shall provide any person receiving an administrative fine with notice of their right to request an ability-to-pay determination. The City shall make available instructions or other materials for requesting an ability-to-pay determination. The Finance Director, on

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City of Oakley, CA § 5.5.318

OAKLEY CODE

§ 5.5.322

request of a cited party, must consider the cited person’s ability to pay. A cited person may request an ability-to-pay determination at any hearing on the citation, or at any time while the citation remains unpaid, including when a citation is delinquent or has been referred to a collection program. Based on the ability-to-pay determination, the Finance Director, may exercise their discretion to provide for payment on an installment plan, allow the cited person to complete community service in lieu of paying the total fine, suspend the fine in whole or in part, offer an alternative disposition. If a cited person has already had an abilityto-pay determination on a citation, a cited person may request a subsequent ability-to-pay determination only based on changed circumstances.

(Ord. 01-19, 1/8/2019)

Whenever it is shown that any person to whom a permit has been issued has caused, permitted, aided, abetted, suffered or concealed a violation any of the provisions of this chapter four or more times within one year, the Finance Director shall immediately suspend the permit and give the permit holder a written notice in person or by mail of the suspension. The notice must contain a statement of the facts upon which the Finance Director has acted in suspending the permit. The notice must contain a statement of the appeal procedure contained in Section 5.5.322. (Ord. 01-19, 1/8/2019)

Any person aggrieved by the determination of the Finance Director to deny the issuance of a permit, to suspend a permit, or to challenge an "ability-to-pay" determination may appeal such decision to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the decision to deny or revoke and shall set forth the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny or suspend a permit, or the "ability-to-pay" determination final. The City Manager shall set a time and place for a hearing on the appeal within ten (10) days of the filing of the appeal. The City Manager’s determination following the hearing shall be in writing and shall be sent to the permit holder. The decision of the City Manager shall be final and conclusive. (Ord. 01-19, 1/8/2019)

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.6.002

§ 5.6.008