Chapter 5.08 — PEDDLERS

* For statutory provisions authorizing cities to license businesses in the exercise of the municipal police power and for purpose of regulation, see Bus. and Prof. Code §§16000—16003.

It is unlawful for any person to engage in the business of peddler as defined in Section 5.04.010 of this title within the corporate limits of the city without first obtaining a permit and license therefor as provided herein.

(Ord. 88-10 §7, 1988: Ord. 52-NS §1, 1950).

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

A.

Name and description of the applicant;

B.

Address, legal and local;

C.

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;

D.

If employed, the name and address of the employer, together with the credentials establishing the exact relationship;

E.

The length of time for which the right to do business is desired;

F.

If a vehicle is to be used, a description of the same, together with license number or other means of identification;

G.

A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

H.

The fingerprints of the applicant and the names of at least two reliable property owners of the county of Fresno who will certify as to the applicant's good character and business responsibility of the applicant, as will enable an investigator to properly evaluate such character and business responsibility;

I.

A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;

J.

Applicant shall file with his application a statement by a reputable physician of the city, dated not more than ten days prior to submission of the application, certifying the applicant to be free of infectious, contagious, or communicable disease.

K.

At the time of filing the application, a fee of one dollar shall be paid to the city clerk to cover the cost of investigation.

(Ord. 52-NS §3, 1950).

A.

Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

B.

If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.

C.

If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a permit addressed to the applicant for the carrying on of the business applied for and return the permit along with the application to the city clerk, who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall contain the signature and seal of the issuing officer and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such peddling. The clerk shall keep a permanent record of all licenses issued.

(Ord. 52-NS §4, 1950).

A.

Computation of fees shall be as follows:

$2.50 per week, $5.00 per quarter, or $20.00 per year for each person proposing to peddle on foot;

$2.50 per week, $5.00 per quarter, or $20.00 per year for each person proposing to peddle by using a hand cart or push cart;

$2.50 per week, $5.00 per quarter, or $20.00 per year for each person proposing to peddle from a wagon, motor vehicle, railroad car, or other vehicle conveyance;

$1.00 per week, $2.50 per quarter or $10.00 per year for each helper or assistant to those using vehicles, which helpers must procure the permit and license as herein provided for peddlers;

No fee shall be required of one selling products of the farm or orchard actually produced by the seller.

B.

For the purpose of this chapter any period of seven calendar days or less shall be considered one week, any period of more than seven calendar days and not more than thirty calendar days and not more than one calendar year shall be treated as a year. The annual fees herein provided for shall be assessed on a calendar year basis and on and after July 1st the amount of the fee for such annual licenses shall be one- half the amount stipulated for the remainder of the year.

(Ord. 52-NS §5, 1950)

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

(Ord. 52-NS §6, 1950)

No peddler, nor any person in his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.

(Ord. 52-NS §7, 1950).

No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

(Ord. 52-NS §8, 1950).

Peddlers are required to exhibit their licenses at the request of any citizen.

(Ord. 52-NS §9, 1950).

It shall be the duty of any police officer of the city to require any person seen peddling, and who is not known by such officer to be duly licensed, to produce his peddler's license and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 52-NS §10, 1950).

The chief of police shall report to the city clerk all convictions for violation of this chapter and the city clerk shall maintain a record for each license issued and record the reports of violation therein.

(Ord. 52-NS §11, 1950).

A.

Permits and licenses issued under the provisions of this chapter may be revoked by the license collector of the city after notice and hearing, for any of the following causes:

Fraud, misrepresentation or false statement contained in the application for license;

Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler;

Any violation of this chapter;

Conviction of any crime or misdemeanor involving moral turpitude;

Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(Ord. 52-NS §12, 1950).

Any person aggrieved by the action of the chief of police or the city clerk in the denial of an application for permit or license as provided in Section 5.08.040 of this chapter, or in Section 5.08.120 of this chapter, shall have the right of appeal to the council of the city. Such appeal shall be taken by filing with the council, within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same

manner as provided in Section 5.08.120 of this chapter for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 52-NS §13, 1950).

All annual licenses issued under the provisions of this chapter shall expire on the thirty-first of December in the year when issued. Other than annual licenses shall expire on the date specified in the license.

(Ord. 52-NS §14, 1950).

Any person convicted of violating any of the provisions of this chapter shall be guilty of an infraction, and shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. 02-02 §6, 2002: Ord. 52-NS §15, 1950).