Oceanside Municipal Code Art. I Solicitation in General

For the purposes of this article, the following definitions shall apply:

Established place of business is a fixed place, location or building, owned or leased or rented on a yearly or monthly basis, by the person who uses such place, location or building as his permanent place of business. Established place of business shall not include a residence unless such person possesses a state retail sales tax license indicating the residence as the business address.

Goods means goods, wares, merchandise, products, chattels of any description, magazines, periodicals, or other publications or subscriptions therefor; regularly published newspapers as defined herein excepted.

House means any structure, building or dwelling which has walls on all sides and is covered by a roof. House includes the land area surrounding it.

Identification card means the solicitor's identification card issued to a person who possesses a valid solicitor's license or who is employed or engaged to solicit by a person licensed to do business as a solicitor within the City of Oceanside.

Interviewer means any person who goes to a house or upon any public place for interviewing persons or soliciting answers to questions for marketing research, opinion, research, attitude surveys or for any other pool or information gathering service for compensation or other business enterprise. Interviewer does not include persons representing governmental entities, political parties, newspapers, radio or television stations, or persons circulating petitions for initiative, referendum or other political purpose.

License means that license which is issued to a person who is doing business as a solicitor in the City of Oceanside.

Newspaper means a publication appearing at regular intervals at short periods of time, as daily, weekly, biweekly, usually in sheet form and containing news that is reports of recent occurrences, political, social, moral, sporting events and items of varied character, both local and foreign, intended for the information of the general reader and has reference to the natural, plain and ordinary significance of the word newspaper and does not refer to or comprehend magazines or periodicals. Newspaper does not include regular or periodic advertising circulars, certificates, papers, coupons, books, or pamphlets.

Public place means any place to which anyone may have access without trespassing.

Retail business means sales of goods for any purpose other than resale in the regular course of business. Retail business includes retailer.

Services means any act performed for the benefit of another under some arrangement or agreement whereby such act was to have been performed.

Solicitor, for the purpose of this article, the term "solicitor" shall also include "hawkers," "salesman," and "peddlers," and shall mean all persons, both principal or agent, who go from house to house, or to only one house, or upon any street, sidewalk, alley, plaza, or in any park or public place in the City of Oceanside, by foot or vehicle, who sell or solicit either by sample or otherwise the sale for value of goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same, for themselves or for firms which do or do not have an established place of business in the City of Oceanside or who offer to sell or distribute for value to any person any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise or services.

Temporary stand means any stand, table, handcart, motor vehicle or other portable or mobile device whereby goods are displayed or dispensed.

Wholesale business means the selling of goods in gross to retail businesses and not by the small quantity or parcels to consumers thereof. Wholesale business includes wholesaler.

(Ord. No. 98-17, § 1, 4-22-98)

An individual licensed to do business as a solicitor within the City of Oceanside who employs or engages others to function or perform as solicitors shall furnish the business license division with the name and address, temporary and permanent, of all such persons employed or engaged in solicitations.

(Ord. No. 98-17, § 1, 4-22-98)

The term of a solicitor's license or identification card shall be one year; however at the request of the applicant, the term may be for a lesser period. Thereafter, the license or identification card may be renewed for a period of one year anytime within thirty (30) days prior to the expiration date of said license or identification card upon application therefor. One identification card shall be issued without charge to the applicant who has paid the fee for solicitor's license.

(Ord. No. 98-17, § 1, 4-22-98)

The applicant for a license and/or identification card shall apply to the business license division on forms prescribed by the business license division and may be required to furnish the following information about himself and his proposed activity:

(1) Name;

(2) Physical description and three (3) photographs;

(3) Fingerprints;

(4) Local address;

(5) Permanent address;

(6) Description of the nature of his business;

(7) Description of the nature of his goods or services to be offered;

(8) Name and address of employer and a description of the relationship between the applicant and such employer;

(9) The length of time for which such license is desired;

(10) A statement of all convictions for all misdemeanors and felonies;

Upon receipt of an application for a license and/or identification card, the business license division may send copies of such application to any officer or department, which is deemed essential in order to carry out a proper investigation of the applicant. The Oceanside Police Department may forward fingerprints to the California Bureau of Identification for research.

(Ord. No. 98-17, § 1, 4-22-98)

Identification cards shall be issued to all applicants who have paid an application fee, who have complied with section 30.4 of this article, and who have complied with all local, state and federal laws regulating such trade, business or employment, unless the proposed sales proposition shall include some element of trickery, fraud or deceit, or the applicant has been convicted of a felony involving moral turpitude within the past five (5) years or has been convicted of a felony involving moral turpitude and is on parole or has been convicted of any crime involving sexual matters within the previous ten (10) years, in which case, in the interest of public safety and protection, the applicant shall not be granted an identification card or license.

In addition to the reasons stated above, the business license division may cause for denial, suspension or revocation of any application or identification card if it is determined that the applicant, his agent, representative, or employee:

(1) Is convicted of any misdemeanor involving violation of any statute or ordinance regulating or taxing any business, or

(2) Is convicted of any crime involving any of the offenses described under California Penal Code Section 290, or

(3) Is convicted of any crime, the nature of which indicated the applicant's unfitness to act as a solicitor, or

(4) Who has violated any of the provisions of this chapter, or

(5) Who makes any false statement or misrepresentation in his application for such license and/or identification card. For purposes of this section, a plea of nolo contendere, or a plea or verdict of guilty, of a finding of guilt by a court, or a forfeiture of bail is deemed to be a conviction whether probation is granted or not.

(Ord. No. 98-17, § 1, 4-22-98)

After completing its investigation of the applicant and application, and within thirty (30) days from receipt of such application, the business license division shall approve or deny the issuance of the identification card. Upon approval by the business license division, the identification card issued to the applicant shall show the physical description of the applicant, his name and address, both temporary and permanent, and the name of his principal if other than the licensee, and the nature of the business for which the license shall have been issued. The identification card shall show the expiration date of the license and shall contain a photograph of the licensee.

The license and the identification card shall also contain a statement that the card does not constitute an endorsement by the City of Oceanside or any of its employees, of the purpose or persons conducting the solicitations.

(Ord. No. 98-17, § 1, 4-22-98)

This article shall not apply to:

(1) Students from an elementary school or a junior high school, or a high school, or public junior or community college, or public college or public university or any private educational institution listed in Education Code Section 29003, while such students are engaged in activity associated with academic or scholastic functions sponsored by and authorized by such schools or similar organizations;

(2) Wholesalers, their representatives, agents or employees calling upon retail businesses, nor to retail businesses when such sales are made in the regular course of business and at the established place of business;

(3) Sales by a farmer or rancher for products produced within the city by such farmer or rancher at the established place of business of such farmer or rancher;

(4) Certified producers selling products at a city certified farmer's market;

(5) Persons who sell their goods at the rented stall of a lawfully operated swap meet licensed pursuant to the City of Oceanside;

(6) A newspaper as defined herein and its employees;

(7) Persons who sell only goods which they have personally handmade, provided that such goods are (a) offered for sale only at an event of less than 4 days duration which is held for the purpose of raising funds to support public, or community purposes, and (b) that said persons shall not participate in such an event more than two (2) times within any calendar year.

(Ord. No. 98-17, § 1, 4-22-98)

Applicants for a solicitor's license or solicitor's identification card as described in this section shall be exempt from the appropriate fees.

(1) Veterans of the Army, Navy, Marines, or Air Force as defined in Section 16102 of the Business and Professions Code of the State of California. Before any such veteran shall be licensed hereunder, such veteran shall submit to the business license division proof of release from active duty under honorable conditions or his honorable discharge from the United States Service or a certified copy thereof.

(2) Solicitors who are engaged exclusively in soliciting orders as an agent or representative of any person or persons engaged in Interstate Commerce which have their place or places of business outside the State of California. Before any such agent or representative shall be licensed hereunder, he shall submit to the business license division satisfactory identification and interstate commerce credentials from the person represented, and also comply with the requirements of section 30.4 of this article.

(Ord. No. 98-17, § 1, 4-22-98)

Every person registered hereunder while engaged in the business for which the identification card references shall display on the front of his person his identification card in a manner and at a location allowing such identification card to be easily seen and read by any other person, and upon demand by any peace officer shall exhibit such identification card.

(Ord. No. 98-17, § 1, 4-22-98)

No person shall solicit, or place, post, stick or leave any handbill, advertisement, circular leaflet, pamphlet, booklet, or product or merchandise sample, other than newspapers routinely delivered on an established schedule, on any private residential premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous location, which may be on or near the primary entrance, a sign bearing the words "no trespassing, " "no soliciting," " no peddlers or agents," "no advertisements" or any similar notice indicating in any manner that the occupants of the premises do not desire to be disturbed or to have any such materials left on the premises.

Such posting constitutes sufficient notice that the residential occupant is denying invitation and entry to solicitors.

(Ord. No. 98-17, § 1, 4-22-98)

Except as otherwise provided in this Code or other city ordinances, no person solicit or store any goods or merchandise from any temporary or permanent display, vehicle, wagon or pushcart upon any public street, highway, sidewalk, public parking lot, or any other public right-of-way.

(Ord. No. 98-25, § 1, 8-5-98)

(1) It shall be unlawful for any person, while standing in any portion of the right-of-way, including but not limited to public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit business or contributions of money or other property from any person traveling in a vehicle along a public right-of-way, including but not limited to a public streets, highways or driveways.

(2) It shall be unlawful for any person, while the occupant of any vehicle, or attempt to solicit, or attempt to solicit business or contributions of money or other property from a person who is within the public right-of-way, including but not limited to a public street, highway, sidewalk or driveway.

(Ord. No. 98-25, § 1, 8-5-98)

Any person who violates any of the provisions of this article as provided herein shall upon conviction be deemed guilty of a public offense as referenced under this Code and may be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. No. 98-17, § 1, 4-22-98)