Chapter 11.12 — SOLICITORS AND PEDDLERS

The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

"Peddler" means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.

"Person" means any person, firm, corporation, association, club, society, or other organization.

"Solicitor" means any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.

Wherever the terms "selling" or "sales" are used herein, "buying" and "purchasing" shall be deemed included.

(Ord. 1763 N.S. § 2, 1991)

It is unlawful for any solicitor or peddler to engage in business within the city without first obtaining a license in compliance with the provisions of this chapter. (Ord. 1763 N.S. § 2, 1991)

Applicants for licenses under this chapter shall file with the city clerk a sworn application in writing on a form to be furnished by the city clerk, which shall give the following information:

• (a) Name and physical description of the applicant;

• (b) Date of birth, driver's license number, Social Security number;

• (c) Permanent home address and telephone number;

• (d) Local address and telephone number;

• (e) A brief description of the business or activity to be conducted;

• (f) If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;

• (g) The length of time for which the right to do business is desired;

• (h) Two photographs of the applicant, taken within 60 days immediately prior to the date of

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City of Pacific Grove, CA § 11.12.030

PACIFIC GROVE CODE

§ 11.12.050

filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;

• (i) The names of at least two reliable persons residing in the county of Monterey, state of California, who will certify as to the applicant's good character and business reputation, or, in lieu of the names of such references, such other available evidence as to the good character and business reputation of the applicant as will enable an investigator to properly evaluate the applicant's character and responsibility;

• (j) A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor, other than minor traffic violations. Also, as to any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefor;

• (k) Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.

• (Ord. 1763 N.S. § 2, 1991)

At the time the application is filed with the city clerk, the applicant shall pay a fee sufficient to cover the cost to the city of processing the application. The amount of the fee shall be established, and from time to time may be amended by resolution of the city council. (Ord. 1763 N.S. § 2, 1991)

• (a) Upon receipt of an application under the provisions of this chapter, the original shall be referred to the chief of police, who shall cause an investigation to be made of the applicant's moral character and business reputation as he or she shall deem necessary for the protection of the public health, safety, and general welfare.

• (b) If as the result of such investigation the chief of police finds that the moral character or business reputation of the applicant are such as will endanger the public health, safety, or general welfare, he or she shall endorse on such application his or her disapproval and the reasons for the same and shall notify the applicant that his or her application is disapproved and that no license will be issued. Said notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last-known address.

• (c) If as the result of such investigation the moral character and business reputation of the applicant are found to be satisfactory, the chief of police shall endorse his or her approval on the application and shall return the application to the city clerk.

• (d) Upon receipt of an approved application from the chief of police the city clerk shall, upon payment of the prescribed fee, deliver the required license to the applicant. Such license shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold or delivered thereunder, the amount of fee paid, the date of issuance, and the length of time the license shall be operative. It shall also show the license number and identifying description of any vehicle to be used in carrying on the business for which the license is

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City of Pacific Grove, CA

HEALTH, SAFETY AND ENVIRONMENT

§ 11.12.050

§ 11.12.130

issued. The city clerk shall keep a permanent record of all licenses issued. (Ord. 1763 N.S. § 2, 1991)

All licenses issued under the provisions of this chapter shall expire one year from date of issuance, unless an earlier expiration date is noted on the license. (Ord. 1763 N.S. § 2, 1991)

The city clerk shall issue to each licensee at the time of delivery of his or her license a badge, which shall be worn continuously by the licensee in such a way as to be conspicuous at all times while the licensee is conducting business in the city pursuant to such license. The badge shall bear the appropriate words, i.e., "Licensed Solicitor" or "Licensed Peddler," the period for which the license is issued and the number of the license, in letters and figures clearly discernible. (Ord. 1763 N.S. § 2, 1991)

No license issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued. (Ord. 1763 N.S. § 2, 1991)

Every person required to be licensed under the provisions of this chapter shall exhibit his or her license when requested to do so by any prospective customer or police department employee. (Ord. 1763 N.S. § 2, 1991)

It is unlawful for any person, while conducting the business of solicitor or peddler, whether licensed or unlicensed, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a nonilluminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import. (Ord. 1763 N.S. § 2, 1991)

It is unlawful for any person, while conducting the business of solicitor or peddler, whether licensed or unlicensed, to enter upon any residential premises between sunset and sunrise. (Ord. 1763 N.S. § 2, 1991)

It is the duty of any city police officer to require any person seen soliciting or peddling, who is not known to such officer to be duly licensed to do so, to produce his or her license, and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 1763 N.S. § 2, 1991)

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City of Pacific Grove, CA § 11.12.130

PACIFIC GROVE CODE

§ 11.12.170

The chief of police shall report to the city clerk all convictions for violations of this chapter and the city clerk shall record such violations on the permanent record of said license kept pursuant to the provisions of PGMC § 11.12.050(d).

(Ord. 1763 N.S. § 2, 1991)

Licenses issued under the provisions of this chapter may be revoked by the city council, after notice and hearing, for any of the following causes:

• (a) Fraud, misrepresentation, or false statement contained in the application for license;

• (b) Fraud, misrepresentation, or false statement made by the licensee in the course of carrying on the business of solicitor or peddler;

• (c) The violation of any provision of this chapter;

• (d) Conviction of any crime involving moral turpitude;

• (e) Conducting the business of solicitor or peddler in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public.

• (Ord. 1763 N.S. § 2, 1991)

Notice of the hearing for revocation of a license pursuant to the provisions of PGMC § 11.12.140 shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the licensee at the address shown on the license application or at the last-known address of the licensee. (Ord. 1763 N.S. § 2, 1991)

Any person aggrieved by the action of the chief of police or the city clerk in denying a license applied for under the provisions of this chapter shall have the right to appeal such action or decision to the city council. Such appeal shall be taken by filing with the city clerk, within 10 days after notice of the action or decision complained of has been mailed to such person's address as shown on his or her license application form, or to such person's last-known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city council and at its next regular meeting the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the city council on such appeal shall be final and binding on all parties concerned.

(Ord. 1763 N.S. § 2, 1991)

Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a license fee as provided in PGMC § 11.12.040, shall cite to the city clerk in

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City of Pacific Grove, CA

HEALTH, SAFETY AND ENVIRONMENT

§ 11.12.170

§ 11.12.180

statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.

(Ord. 1763 N.S. § 2, 1991)

• (a) Notwithstanding any other provision of this chapter, and except as set forth in subsection (b) of this section, nothing in this chapter shall regulate or prohibit religious proselytizing, charitable solicitation, political speech nor the distribution of handbills promoting a religion, charity or political organization. Nothing in this chapter shall prohibit the solicitation of funds for political, charitable or religious purposes.

• (b) It is unlawful to solicit funds for political, charitable or religious purposes at any premises where the owner, occupant or person in charge has posted, at the entry to the premises, or at the entry to the principal building on the premises, a nonilluminated flat sign of not more than one square foot bearing the words "No Solicitors," or words of similar import.

• (Ord. 1763 N.S. § 2, 1991; Ord. 1809 N.S. § 1, 1991; Ord. 05-004 § 1, 2005)

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City of Pacific Grove, CA

HEALTH, SAFETY AND ENVIRONMENT

§ 11.20.010

§ 11.20.070