Piedmont Municipal Code Div. 13.06 Solicitors and Solicitation

Section 13.06.010 Permit required. A. It shall be unlawful for any person over the age of 18 to solicit or attempt to solicit within the City without first procuring a solicitation permit from the Department.

B. It shall be unlawful for any person under the age of eighteen (18) to engage in solicitation without a sponsor, it shall be unlawful for any sponsor to suffer, permit, or allow any person under the age of eighteen to engage in solicitation except under the following conditions:

1. Unless exempt under chapter 10, the sponsor shall obtain a business license for the conduct of any solicitation activities involving one or more persons under eighteen (18) years of age.

2. A sponsor shall be responsible for supervising and controlling the conduct of all persons conducting solicitation.

3. Each person under the age of eighteen (18) shall have obtained a solicitation permit issued by the Department.

4. The sponsor shall be responsible for ensuring that each individual in its force has obtained a permit that identifies the name of the sponsor and the name of the individual. The sponsor shall require all individuals in its sales force to carry such permit at all times when the individuals are peddling or soliciting.

5. The sponsor shall comply with all applicable laws of this state regarding employment of juveniles.

Section 13.06.020 Exemptions.
The following persons shall not be required to obtain a solicitation permit as provided in Section 13.06.010.

A. Persons selling goods conveying a charitable, educational, political, philosophical, religious,

Sidewalk Vendors & Solicitors or other ideological message or soliciting funds for charitable, educational, political, philosophical, religious, or other ideological purposes.

B. Persons who are conveying charitable, educational, political, philosophical, religious or other ideological messages but not selling goods or services or soliciting funds.

C. Salespersons or wholesale businesses who are soliciting orders from and selling to retail dealers in Piedmont.

D. Persons making a solicitation on a premises that is owned or occupied by an organization upon whose behalf the solicitation is made.

E. Persons soliciting contributions on behalf of an organization solely from persons who are members of the organization at the time of such solicitation.

F. Persons involved in a solicitation in the form of a collection at a regular meeting, assembly or service of a charitable organization.

G. Any solicitation for the sale of goods by a person under the age of eighteen (18) on behalf of a non profit organization for non commercial purposes.

Section 13.06.030 Permit application requirements.
A. Every person subject to the provisions of this division shall file with the Department an application in writing on a form approved by the Police Chief, which shall provide the following information:

1. Proof of age, address and identification of the applicant, to be provided through the applicant’s driver license, or other legally recognized form of identification;

2. A brief description of the solicitation to be conducted;

3. The hours and location for which the right to solicit is desired;

4. If employed, the name, address, telephone number and City business license number of the employer; or if acting as an agent, the name, address, telephone number and City business license number of the sponsor 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 sponsor, as the case may be;

5. Articles of incorporation or other documents establishing the corporate existence of any sponsor on whose behalf solicitation will be conducted;

6. A current live scan or similar criminal history check results together with a statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation the penalty or punishment imposed, the date when and place where such offense

Sidewalk Vendors & Solicitors occurred, and other pertinent details thereof;

7. 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 division; and

8. Two (2) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure 2 by 3 inches (2" X 3") and show the head and shoulders of the applicant in a clear and distinguishing manner. One 2 by 3-inch (2" X 3") photo will appear on the permit.

B. At the time the application is filed with the Department, the applicant shall pay a nonrefundable fee to cover the cost to the City of processing the application and investigating the facts stated therein. The application fee for each solicitor permit shall be adopted and amended from time to time by resolution of the City Council.

Section 13.06.040 Permit issuance.
A. The Chief of Police or designee shall issue the permit required by section 13.06.010 upon receiving information which clearly established (1) the identity of the individual; (2) the existence of the company or other organization for which solicitations are being made; and (3) the fact that the individual is authorized by the company or organization to solicit in Piedmont.
The permit shall be valid for one year from the date issued.

B. Upon review of the application, the Chief of Police or designee may refuse to issue a permit to the applicant under this article for any of the following reasons:

1. The location and time of solicitation would endanger the safety and welfare of the solicitor or the solicitor’s customers;

2. An investigation reveals that the applicant falsified information on the application;

3. The applicant has been convicted of a felony in this state or any other state within the five (5) years preceding the date of application;

4. The applicant has be convicted of a misdemeanor or ordinance violation in this state or any other state involving a sex offense or any violent acts against persons or property, within the five (5) years preceding the date of application;

5. The applicant is required to register as a serious or high-risk sex offender pursuant to Sections 290 and 290.4 of the California Penal Code;

6. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application;

Sidewalk Vendors & Solicitors

7. There is no proof as to the authority of the applicant to serve as an agent to the sponsor or employer for whom solicitation shall be conducted; or

8. The applicant has been denied a permit under this article within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief of Police that the reasons for such earlier denial no longer exist.

C. If the permit is disapproved, the reasons thereof shall be noted on the application, and the applicant and principal shall be notified that a permit will not be issued. Notice shall be mailed by the Department to the applicant at the address shown on the application form, or at the applicant’s last known address and to the sponsor at the address shown on the sponsor’s business license.

D. Nothing set forth in this chapter shall be construed as granting the Department any discretion to grant, deny, suspend, or revoke any solicitation permit by reason of approval or disapproval of the philosophy, opinion, or belief of the applicant or permit holder.

Section 13.06.050 Assignment prohibited. A solicitation permit holder shall not assign or transfer any permit issued under this division and may not authorize any person not named in the permit to solicit.

Section 13.06.060 Display of permit.
Any person holding a permit under this division shall display it upon request.

Section 13.06.070 Ringing bells or knocking on doors of posted private premises prohibited.
It shall be unlawful for any solicitor or person pretending to be a solicitor to ring the bell or knock at the door of any residence or dwelling where a sign bearing the words “No Solicitors” or words of similar meaning is painted or affixed so as to be reasonably exposed to the public. This prohibition shall apply to all solicitors, including those exempt from the permit requirements of Section 13.05.020.

Section 13.06.080 Hours restricted.
No person, while conducting solicitation, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 9:00 a.m.

Section 13.06.090 Violations. Any violation of any provision of this division constitutes an infraction. Each act in violation of this division constitutes a new and separate offense. The fines for offenses hereunder shall be set from time to time by city council resolution.

Section 13.06.100 Permit revocation and suspension.

A. Any permit issued under this division may be revoked by the Department, for any of the

Sidewalk Vendors & Solicitors following reasons:

1. Fraud, misrepresentations or false statement contained in the application for a permit;

2. Fraud, misrepresentations, or false statement made by the permittee in the course of conducting solicitation or peddling activities;

3. Conducting peddling or solicitation activities contrary to the provisions contained in the permit;

4. Any conviction or matter arising under section 13.06.040.B, paragraphs 3 through 6, subsequent to the issuance of a permit; or

5. Conducting peddling or solicitation activities in such a manner as to create a public nuisance as provided in state and local law, constitute breach of the peace as provided in state and local law or endanger the health, safety or general welfare of the public.

B. Any permit issued under this chapter may be temporarily suspended pending a revocation hearing under section 13.06.110 for any of the reasons enumerated in subsection A above. Notice of the suspension may be personally delivered or mailed to the persons address as shown on the permit application form. The temporary suspension shall expire upon the mailing of the decision after the hearing on revocation unless the temporary suspension is sooner withdrawn by the City.

Section 13.06.110 Notice and hearing.

A. Notice of a hearing for revocation of a permit issued under this division shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing, which time of commencement shall not be sooner than five (5) nor more than fifteen (15) business days after the notice is personally delivered or mailed to the person’s address as shown on the permit application form. Notice shall be deemed effective upon personal delivery or deposit in the United States mail, as applicable.

B. The City Administrator shall designate a hearing officer to consider the revocation. At the time of the hearing, the Chief of Police or hearing officer shall hear all relevant evidence and, after the close of the hearing, shall render a decision as to whether or not the permit shall be revoked. Said decision shall be in writing, shall state specific reasons thereof, and that the decision to revoke shall become effective upon mailing to the person’s address as shown on the permit application form. A decision to revoke a permit shall state that the permit holder has ten (10) calendar days to appeal by filing a written notice of appeal with the City Clerk. Unless appealed, the decision of the hearing officer shall be final.

Section 13.06.120 Appeals. A. Any person aggrieved by the action or decision of the Police Chief to deny, or of the hearing officer to revoke a permit applied for or held under the provisions of this article shall have the right to appeal such action or decision to the City Administrator or his/her designee.

Sidewalk Vendors & Solicitors B. An appeal shall be taken by filing with the City Clerk within ten (10) calendar days after the notice of the action or decision has been mailed to the person’s address as shown on the permit application form, a written statement setting forth the grounds for the appeal. The filing of a timely appeal shall stay a revocation and reinstate the temporary suspension.

C. The appeal shall be heard de novo by the City Administrator or his/her designee held at least five (5) business days after the appeal is filed. At the time of the hearing, the City Administrator or his/her designee shall hear all relevant evidence and, after the close of the hearing, shall decide whether or not to revoke the permit. Said decision shall be in writing, state reasons thereof, and shall be mailed to the persons address as shown on the permit application form. Any temporary suspension in place shall remain in force until the City Administrator or his/her designee’s decision is mailed.

D. The decision of the City Administrator or his/her designee on the appeal shall be final and binding on all parties concerned.

E. If the applicant or permit holder does not file a timely notice of appeal pursuant to subsection B of this section, the permit holder shall have waived all rights to administrative remedy.

Rev. 2020-11-04 (Ord. 757 N.S.; 10/2020)