Perris Municipal Code Ch. 5.06 Solicitors

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Editor's note— Ord. No. 1388, § 3, adopted February 11, 2020, changed the title of Chapter 5.06 to read as set out herein. Formerly, Chapter 5.06 was entitled "Peddlers and Solicitors".

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Solicitor means a person engaged in soliciting, canvassing, or taking orders from house to house or from place to place or by telephone or by any other means of communication for any goods, wares, merchandise, or any article to be delivered in the future or for services to be performed in the future or making, manufacturing, or repairing any article whatsoever for future delivery or subscriptions to periodicals or tickets of admission or entertainment or membership in any club.

(Code 1972, § 5.06.010; Ord. No. 1030, § 4(part), 1998; Ord. No. 1388, § 4, 2-11-2020)

No person, whether or not a resident of the city, or whether or not the person maintains or is employed at an established place of business, shall engage in the city in the business of solicitor without first obtaining a license therefor, with the exception of charitable, religious and nonprofit organizations as set forth in section 5.06.330.

(Code 1972, § 5.06.030; Ord. No. 1030, § 4(part), 1998; Ord. No. 1388, § 5, 2-11-2020)

Any person desiring to obtain the license by this chapter shall make a written application to the finance director, signed under penalty of perjury, setting forth the following information:

(1) The name of the applicant;

(2) The residential address of the applicant;

(3) The business address of the applicant and the name of the business and names of the employers;

(4) The residential and business telephone numbers of the applicant;

(5) The type of business activity;

(6) The state or out-of-state driver's license number or the applicant's department of motor vehicles identification number;

(7) The applicant's social security number;

(8) A physical description of the applicant;

(9) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, exclusive of city or county code violations and violations of the vehicle code of the state not constituting a felony, the nature of the offense, and the place, date and disposition of the charge, including the penalty assessed;

(10) A statement as to whether or not the applicant has ever had a license of any kind suspended or revoked and the circumstances surrounding the suspension or revocation;

(11) A statement as to the number of vehicles used in his trade, and from which the products of the applicant are sold or delivered and the type, make, year of model and license numbers of all such vehicles;

(12) The names of at least two reliable persons residing in the county 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.

(Code 1972, § 5.06.060; Ord. No. 1030, § 4(part), 1998)

The application for the license shall not be accepted for processing if it is incomplete.

(Code 1972, § 5.06.090; Ord. No. 1030, § 4(part), 1998)

Within ten working days after the receipt of a completed application, the finance director shall issue a license.

(Code 1972, § 5.06.120; Ord. No. 1030, § 4(part), 1998)

The finance director shall issue to each licensee at the time of delivery of his license a badge, which shall be worn continuously by the licensee on the front of his hat or outer garment 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," the period for which the license is issued, the number of the license in letters and figures clearly discernible. Each licensee shall provide a two-inch by two-inch color passport photograph at the time of issuance of the license for purpose of affixing to said badge for identification.

(Code 1972, § 5.06.150; Ord. No. 1030, § 4(part), 1998; Ord. No. 1388, § 6, 2-11-2020)

Any license issued pursuant to the provisions of this chapter shall be void from the date of issuance if any statement or information submitted by the applicant pursuant to the provisions of this chapter is untrue. This provision is in addition to any criminal penalties for perjury, which may be applicable.

(Code 1972, § 5.06.180; Ord. No. 1030, § 4(part), 1998)

No license issued under provisions of this chapter shall be used or worn at any time by any person other than the person to whom it is issued. The license shall show the name and description of the licensee, his address, the name and address of the principal, if any, and the nature of the business for which the license is issued. The license shall be signed by the licensee in ink and shall bear an impression of his right index finger.

(Code 1972, § 5.06.210; Ord. No. 1030, § 4(part), 1998)

One license will be sufficient for any person engaging in more than one of the businesses defined in this chapter, irrespective of the number of bona fide employers or businesses designated in the license. No licensee shall engage in any business not designated in the license, or in any business for an employer not designated in the license, unless and until such licensee amends his application to designate such business or employer.

(Code 1972, § 5.06.240; Ord. No. 1030, § 4(part), 1998)

(a) Any licensee who violates any provisions of this chapter is liable to have his license suspended or revoked by the city council. The city council shall, also, have the right to suspend or revoke such license whenever it is shown to its satisfaction that the activities so licensed are being conducted in a manner which is detrimental to the public health, morals, peace, welfare or safety of the community; provided, however, that no suspension or revocation shall be ordered until the city council has, upon its own motion, served or caused to be served upon the licensee a notice specifying the grounds for said proposed suspension or revocation and fixing a time, date and place at which the city council shall hear and determine the factual basis for the grounds of the proposed suspension and revocation, which time and date shall not be less than three days from the date of the service of the notice, at which time, date and place the licensee shall have the opportunity to be heard and to make his defense against any complaints and allegations made as to his activities pursuant to this chapter; and provided, further, that when such license is suspended or revoked, the city council shall notify the licensee in writing and give the reason for such suspension and revocation. The action of the city council shall be final.

(b) When a license has been revoked, no other license shall be issued under the provisions of this chapter to the same licensee within one calendar year of the date of revocation.

(Code 1972, § 5.06.270; Ord. No. 1030, § 4(part), 1998)

(a) At the time the application is filed with the finance department, the applicant shall pay a fee sufficient to cover the cost the city incurs for processing the application, including all costs incidental to the issuance of the license, as well as investigation, inspection, administration, regulation, maintenance of a system of supervision and enforcement.

(b) The amount of the fee for this license shall be that amount established for businesses with no fixed location which amount shall be set by resolution of the city council, as amended from time to time.

(c) Each individual solicitor whether or not such person maintains or is employed by a business which has a business license from the city, must obtain his own individual license in order to engage in business in the city.

(d) Senior citizens over the age of 65, juveniles under the age of 18, and veterans physically unable to obtain livelihood by manual labor who qualify under Sections 16001 and 16001.5 of the California Business and Professions Code shall be exempt from paying such fee.

(Code 1972, § 5.06.300; Ord. No. 1030, § 4(part), 1998; Ord. No. 1388, § 7, 2-11-2020)

Any person soliciting on behalf of any institution or organization recognized by the tax board of the state and the Internal Revenue Service of the United States which institution or organization is conducted wholly for the benefit of charitable, religious or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, shall be exempt from the requirements of a solicitation license, but such institution or organization shall be required to register with the finance director in accordance with this chapter. There shall be no fee for such registration.

(Code 1972, § 5.06.330; Ord. No. 1030, § 4(part), 1998)

Any institution or organization desiring to register as a charitable, religious or nonprofit organization shall submit a registration form to the finance director prior to the commencement of any solicitation campaign by any representative of such organization setting forth the following information:

(1) The name of the organization;

(2) The type or general description of the organization;

(3) The address and telephone number of the organization;

(4) The duration of the activity, which may not exceed one year per registration;

(5) The approximate number of solicitors to be used during the campaign;

(6) The approximate scope of the solicitation in terms of locations within the city which will be solicited;

(7) The signature of the registrant on behalf of the organization and his name, address and telephone number;

(8) The date on which the state and federal tax-exempt status was granted, and a copy of the organization's state and federal nonprofit status document shall be attached to the application.

(Code 1972, § 5.06.360; Ord. No. 1030, § 4(part), 1998)

(a) Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled "solicitation or sale for charitable purposes card." The card shall be signed and dated under penalty of perjury by an individual who is a principal, staff member or officer of the soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting. In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided such material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that such information as required below is contained in the printed material. Information on the card or printed material shall be presented in at least ten-point type and shall include the following:

(1) The name and address of the combined campaign, each organization or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes;

(2) If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes;

(3) The amount, stated as a percentage of the total gift or purchase price that will be used for charitable purposes;

(4) If paid fund raisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fundraising expenses;

(5) If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;

(6) The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state laws;

(7) The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that "this contribution is not tax deductible";

(8) If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "officer," "peace officer," "police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol," "highway patrol" or "deputy sheriff," which would reasonably be understood to imply that the organization is composed of law enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the city where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear.

(b) Noncompliance by any individual solicitor or seller in connection with a solicitation by any charitable organization shall subject the solicitor or seller to the penalties of the law.

(c) When the solicitation is not a sales solicitation, any individual solicitor or seller who receives no compensation in any type from, or in connection with, a solicitation by any charitable organization may comply with the disclosure provisions by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the charitable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of such organization, including its administration and fundraising costs, may be obtained by contacting the organization's office at the address disclosed. Such organization shall provide such information to the person solicited within seven calendar days after receipt of the request.

(d) A solicitor or seller who receives no compensation of any type from, or in connection with, a solicitation or sale solicitation by a charitable organization which has qualified for a tax exemption under section 501(c)(3) of the Internal Revenue Code of 1954, and who is 18 years of age or younger, is not required to make any disclosures pursuant to this section.

(Code 1972, § 5.06.390; Ord. No. 1030, § 4(part), 1998)

(a) The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board.

(b) The disclosure requirements of section 5.06.390(c) shall be based on the same accounting principles used to maintain the soliciting organization's financial records.

(Code 1972, § 5.06.420; Ord. No. 1030, § 4(part), 1998)

No person shall peddle or solicit by driving, operating, propelling, stopping or parking any wagon, cart, automotive vehicle or any other type of conveyance with a sound-making device, sound-amplifying device, or loudspeaker thereof in use or operation or by making any outcry, blowing a horn, ringing a bell or using any sound device or musical instrument upon any of the streets, alleys, parks or other public places of the city under the following circumstances:

(1) Whenever any such sound can be heard for a distance greater than 300 feet;

(2) When passing a hospital at any time or one-quarter mile of a church during the hour services are being held therein;

(3) Within one-quarter mile of the nearest property line of any property on which a school building is located during the hours school is in session;

(4) Between the hours of 6:00 p.m. and 8:00 a.m. of any day, to which standard time is applicable pursuant to Government Code section 6807-1 and between the hours of 9:00 p.m. and 8:00 a.m. of any day, to which daylight saving time is applicable pursuant to Government Code section 6807-3.

(Code 1972, § 5.06.450; Ord. No. 1030, § 4(part), 1998)

No person required to have a license pursuant to the provisions of this chapter shall go to or enter an area within one-quarter mile of any elementary, junior high or high school, public or private, or any church for the purpose of engaging in the business for which he has a license. The provisions of this section shall not apply to any person invited to call at such school or church by the principal of the school or representative of the church or any other authorized person.

(Code 1972, § 5.06.480; Ord. No. 1030, § 4(part), 1998)

Notwithstanding any other section of this chapter, it is unlawful for any person, except for a nonprofit organization, to sell or offer for sale, any goods, wares, merchandise, magazines, papers or periodicals, or canvas or solicit any other business or occupation at any temporary outdoor event, as defined in section 19.60.020, as long as that person is not part of that event, and if the temporary outdoor event is a parade, within 100 yards of any parade route on the day of the parade; provided, that established indoor businesses along a parade route shall be exempt from the prohibitions of this section.

(Code 1972, § 5.06.510; Ord. No. 1030, § 4(part), 1998)

The provisions of this chapter are intended to augment and to be in addition to the provisions of chapters 5.08 and 5.12 providing for business license taxes and chapter 9.28 providing for the regulation of loud and unnecessary noises.

(Code 1972, § 5.06.540; Ord. No. 1030, § 4(part), 1998)

Licenses or permits issued pursuant to this chapter shall expire on the date indicated on the license or permit. Licenses or permits issued pursuant to this chapter that require concurrent approval or inspection by the county health department, shall expire on the dated indicated on the health permit.

(Code 1972, § 5.06.570; Ord. No. 1030, § 4(part), 1998)

No person required to have a license pursuant to this chapter or representing an institution or organization required to register pursuant to this chapter, shall go to or enter any residence, hotel or other dwelling place between the hours of 6:00 p.m. and 9:00 a.m. for the purpose of engaging in the business for which he has a license or to solicit for which he has registered, except upon invitation of the occupant of the dwelling place.

(Code 1972, § 5.06.600; Ord. No. 1030, § 4(part), 1998)

No person required to register under the provisions of this chapter, or required to obtain a license under the provisions of this chapter, shall solicit or attempt to enter upon any premises on which a notice or sign is clearly posted prohibiting solicitation or indicating the owner's or occupant's desire not to be solicited.

(Code 1972, § 5.06.630; Ord. No. 1030, § 4(part), 1998)

Editor's note— Ord. No. 1388, § 8, adopted February 11, 2020, repealed § 5.06.660, which pertained to regulations for sales and derived from Code 1972, § 5.06.660; Ord. No. 1030, § 4(part), 1998; Ord. No. 1319, § 2, 8-11-2015.

Editor's note— Ord. No. 1388, § 8, adopted February 11, 2020, repealed § 5.06.690, which pertained to regulation of sales for pedestrian food vendors and derived from Code 1972, § 5.06.690; Ord. No. 1030, § 4(part), 1998.

Editor's note— Ord. No. 1388, § 8, adopted February 11, 2020, repealed § 5.06.720, which pertained to pushcart regulations and derived from Code 1972, § 5.06.720; Ord. No. 1030, § 4(part), 1998.

(a) The provisions of this chapter shall not apply to:

(1) Merchants and their employees and agents selling or soliciting at established places of business;

(2) Persons invited to call upon private residences by the owner or occupant thereof;

(3) Persons licensed and regulated by the state pursuant to Sections 12000 et seq. of the Business and Professions Code of the state;

(4) Persons selling or soliciting sales of a daily or weekly newspaper as defined in section 6040.5 of the Government Code of the state;

(5) Persons soliciting or canvassing for or against any candidate for public office or any ballot measure;

(6) Persons soliciting goods to be shipped from outside the state;

(7) Seasonal sales of merchandise in the CC and CN zones with a commercial temporary use permit, not to exceed 30 consecutive days;

(8) Food truck as defined in Chapter 5.17 of Title 5 of the Perris Municipal Code.

(9) Roaming sidewalk vendors as defined in Chapter 5.18 of Title 5 of the Perris Municipal Code.

(10) Sidewalk vendors as defined in Chapter 5.18 of Title 5 of the Perris Municipal Code.

(11) Stationary sidewalk vendor as defined in Chapter 5.18 of Title 5 of the Perris Municipal Code.

(b) Nothing in subsection (a) of this section shall eliminate the responsibility of participants or vendors to comply with other applicable provisions of this Code or laws of the state relating to the conduct of business or sales within the city, or the requirements imposed by the city for rental of spaces or booths at any of the events listed in subsections (a)(1) through (6) of this section.

(Code 1972, § 5.06.750; Ord. No. 1030, § 4(part), 1998; Ord. No. 1388, § 9, 2-11-2020)

Any violation of the provisions of this chapter shall be deemed an infraction and punishable pursuant to section 1.16.010, unless a defendant has been convicted of three or more violations of this chapter, in which case the violation shall be deemed a misdemeanor. Violations of this chapter may result in the confiscation of equipment, vehicles, or sales stock. Said confiscated equipment, vehicles or stock may be returned upon timely payment of any fines imposed.

(Code 1972, § 5.06.780; Ord. No. 1030, § 4(part), 1998)