Petaluma Municipal Code Ch. 6.32 Peddlers and Solicitors

The following words and phrases, when used in this chapter, shall have the meanings ascribed to them by this

section:

A. "CertiRcate" means the issuance of a business tax certiRcate for payment of a business tax as provided by

Chapter 6.01.

B. "Peddler" includes any person traveling or not traveling by foot, wagon, automotive vehicle, railroad car or

any other type of conveyance, from place to place, from house to house, or from street to street, carrying,

conveying or transporting goods, wares and merchandise, and personal property of any nature and oUering and

exposing for sale, or making sales and delivering articles to purchasers or prospective purchasers. "Peddler" also

includes the common deRnitions of hawker and huckster.

C. "Permit" means a permit granted and issued pursuant to the provisions of this chapter.

D. "Solicitor" means any person traveling or not traveling either by foot, wagon, automotive vehicle, or any other

type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to

take orders for sale of goods, wares and merchandise, and personal property of any nature for future delivery, or

for services to be furnished or performed in the future, whether or not such person has, carries or exposes for

sale a sample of the subject of such sale or whether such person is collecting advance payments of such sales or

not. This deRnition includes any person, who, for himself or for any other person, hires, leases, uses or occupies

any building, structure, railroad car, boat, hotel room, lodginghouse, apartment, shop or any other place within

the city for the sole purpose of exhibiting samples and taking orders for future delivery for less than one hundred

twenty days.

E. "Itinerant photographer" means and includes all persons, both principal and agent, who engage in a

temporary or transient business in the city of selling photographs or taking, soliciting or securing orders for

photographs with the intention of continuing such business in the city for a period of not more than one hundred

twenty days, and who for the purpose of carrying on such business hires, leases or occupies any room, building or structure for the taking of such photographs. The person so engaged shall not be relieved from the provisions of

this chapter by reason of associating temporarily with any local dealer, trader or merchant, or by conducting such

temporary or transient business in connection with, or as part of, or in the name of any local dealer, trader or

merchant.

F. "Itinerant vendor" means and includes all persons, both principal and agent, who engage in a temporary or

transient business in the city of selling goods, wares or merchandise, or taking, soliciting or securing orders

therefor with the intention of continuing such business in the city for a period of not more than one hundred

twenty days, and who for the purpose of carrying on such business hires, leases or occupies any room, building or

structure for the exhibition or sale of such goods, wares or merchandise. The person so engaged shall not be

relieved from the provisions of this chapter by reason of associating temporarily with any local dealer, trader or

merchant, or by conducting such temporary or transient business in connection with, or as part of, or in the name

of any local dealer, trader or merchant. The term "itinerant vendor" shall not apply to peddlers or solicitors as

deRned above.

G. "Junk dealer" shall mean any person not having a Rxed place of business within the city, who buys or sells,

either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metals or other articles of junk.

(Ord. 1921 NCS §3, 1993; Ord. 377 NCS §1.2-1.5; prior code §20.1.)

It is unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor to ring the bell or

knock at any building whereon there is printed or aTxed or otherwise displayed to public view any sign containing

any or all of the following words: "No Peddlers," "No Solicitors" or "No Agents," or which otherwise purports to

prohibit peddling or soliciting on such premises. (Ord. 377 NCS §10; prior code §20.2.)

It is unlawful for any peddler or solicitor to represent by words, writing or action that he is some other peddler or

solicitor, that he is a partner, employee or agent of any peddler or solicitor, when in fact he is not the partner,

agent or employee of such peddler or solicitor, or that he is the employee, representative, agent or partner of any

person when in fact he is not the employee, representative, agent or partner of such person. (Ord. 377 NCS § 11;

prior code §20.3.)

Every vehicle used for peddling shall have a sticker furnished by the tax and license collector of the city attached to

such vehicle in a conspicuous place showing that the peddler has a permit as required by Section 6.32.050. (Ord.

377 NCS §12; prior code §20.4.)

It is unlawful for any person to engage in the business of a peddler or solicitor within the corporate limits of the

city without Rrst applying for and obtaining a permit as provided by Sections 6.32.050 through 6.32.130. (Ord. 377

NCS §2; prior code §20.5.)

Applicants for a permit under Sections 6.32.050 through 6.32.130 must Rle, in duplicate, with the chief of police a

sworn application in writing on a form to be furnished by the city, which shall give the following information:

A. The name and address of the applicant;

B. A brief description of the nature of the business and the goods to be sold, or for which orders are to be

solicited, and, in the case of products of farm or orchard, whether produced or grown by the applicant;

C. If employed, the name and address of the employer;

D. The names and addresses of at least two reliable residents of the state who will certify the applicant’s good

character and business responsibility, or, in lieu of the names of references, any other available evidence as to the

good character and business responsibility of the applicant as will enable an investigator to properly evaluate such

character and business responsibility;

E. A statement as to whether or not the applicant had been convicted of any crime, misdemeanor or violation of

any municipal ordinance, including the nature of the oUense and the punishment or penalty as assessed therefor.

(Ord. 377 NCS §3; prior code §20.6.)

Upon receipt of the application mentioned in Section 6.32.060, the original shall be retained by 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; provided, however, that the investigation shall be completed

within ten days after receipt of the application. As a part of the investigation, the applicant shall submit to his

Rngerprints being taken.

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 the application his disapproval and his reasons for the same,

and shall notify the applicant that his application is disapproved. (Ord. 377 NCS §4; prior code §20.7.)

If, as a result of the investigation mentioned in Section 6.32.070, the character and business responsibility of the

applicant are found to be satisfactory, the chief of police shall approve the application. The applicant shall present

the approved application to the tax collector who shall then compute and collect the appropriate permit fee,

established from time to time by resolution, and a business tax as required in Chapter 6.01. Upon issuance of a

business tax certiRcate, the chief of police shall issue a permit showing thereon the applicant’s name, address, the

kind of goods, wares and merchandise to be sold or for which orders are to solicited, the date of issuance and

expiration date one hundred twenty days later of the permit. (Ord. 1921 NCS §3, 1993; Ord. 377 NCS §4; prior code

§20.8.)

Peddlers and solicitors are required to exhibit their permits at the request of any citizen.

It shall be the duty of any police oTcer of the city to require any person seen peddling or soliciting, or who is not

known by such oTcer to be duly licensed hereunder, to produce his peddler’s or solicitor’s permit. (Ord. 377 NCS

§§5, 6; prior code §20.9.)

Permits issued pursuant to Section 6.32.080 may be suspended by the chief of police for any of the following

causes:

A. Fraud, misrepresentation or any false statement made to the police department in furnishing the information

required by this chapter;

B. Any violation of this chapter;

C. Conviction of the permit holder of any felony or crime involving moral turpitude;

D. Conducting the business of soliciting or 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.

(Ord. 377 NCS §7; prior code §20.10.)

Five days after notice of suspension has been given to the permit holder as described in Section 6.32.100, such

permit shall be automatically revoked, unless within the Rve-day period the permit holder requests a hearing by

the city manager as described in Section 6.32.110. (Ord. 377 NCS §8; prior code §20.11.)

Application for the hearing mentioned in Section 6.32.110 shall be made upon forms to be furnished by the police

department, and such hearing shall be held within Rfteen days after the application or hearing is Rled. Notice of

the time and place of such hearing by the city manager shall be given to the applicant and to the chief of police.

Within Rve days after the hearing, the city manager shall make an order to either revoke or reinstate the permit.

(Ord. 377 NCS §8; prior code §20.12.)

Any person aggrieved by the action of the chief of police in disapproving the application for a permit, or by the

action of the city manager in revoking a permit under Sections 6.32.050 through 6.32.130, shall have the right to

appeal to the council of the city. The appeal shall be taken by Rling with the city clerk a written statement of the

grounds for the appeal within fourteen days after notice of the decision by the chief of police or the city manager.

The council shall set a time and place for hearing such an appeal and notice of such time and place shall be given

by the city clerk to the applicant or permit holder, chief of police and city manager, at least Rve days prior to the

date set for the hearing. The city council shall act upon such appeal within Rve days after the hearing and the

decision of the council shall be Rnal. (Ord. 377 NCS §9; prior code §20.13.)