Rialto Municipal Code Ch. 5.28 Canvassing, Peddling, Sidewalk Vending and Soliciting

Footnotes:

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Editor's note— Ord. No. 1625, § 2, adopted November 12, 2019, renamed Chapter 5.28 from canvassing, peddling, and soliciting to canvassing, peddling, sidewalk vending and soliciting. Ord. No. 1554, § 2, adopted December 9, 2014, amended Chapter 5.28 in its entirety to read as herein set out. Former Chapter 5.28, §§ 5.28.010—5.28.050, pertained to solicitors, and derived from Ord. No. 983, 1986; Ord. No. 1009, 1987 and Ord. No. 1287, 1995.

As used in this chapter:

"Canvass" or "canvassing" means to travel from house to house, place to place, upon or through any public street or other right-of-way in the city for the purpose of conducting a poll, survey, or petition drive, or sharing, communicating or otherwise conveying ideas, views or beliefs, or disseminating oral or written information to a person willing to directly receive such information, whether political, religious, commercial, non-commercial, charitable or otherwise. A person, either individually or as a representative of another, who engages in canvassing is known as a "canvasser."

"Peddle" or "peddling" means to travel from house to house, place to place, or upon or through any public street or other right-of-way in the city carrying, conveying, or transporting goods or merchandise of any kind or description and offering and exposing the same for sale, making sales, and delivering articles to purchasers, for non-charitable purposes. A person, either individually or as a representative of another, who engages in peddling is known as a "peddler."

"Sidewalk vendor," as defined in Section 11.20.010 of this code, is also known as a "peddler" and "solicitor," as described in this section.

"Solicit" or "soliciting" means to travel from house to house, place to place, or upon or through any public street or other right-of-way in the city for the purpose of taking orders for the sale of goods, merchandise, or services of any kind or description for future delivery, for non-charitable purposes. A person, either individually or as a representative of another, who engages in peddling is known as a "solicitor".

(Ord. No. 1554, § 2, 12-9-14; Ord. No. 1625, § 3, 11-12-19)

No person shall engage in peddling or soliciting without first obtaining a permit from the city, as provided in Section 5.28.030. All applications shall be submitted to and approved by the director of administrative and community services, or his or her designee.

(Ord. No. 1554, § 2, 12-9-14)

A. An applicant for a peddling or solicitation permit submitted to the director of administrative and community services, or his or her designee, shall provide the following information:

1. Applicant's name and date of birth;

2. A government-issued photo identification of applicant;

3. Applicant's permanent home or employment address and telephone number;

4. The name, address, and telephone number of the principal who is being represented and credentials in written form establishing the relationship and authority of the applicant to act for the employer or principal;

5. A brief description of the nature of the business, the goods/merchandise/services to be sold, and/or the purpose of the solicitation;

6. A statement as to whether the applicant has been convicted within the last five years of a felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature;

7. A statement as to whether the business on whose behalf applicant will be peddling or soliciting has been found within the last five years to have engaged in fraudulent business practices; and

8. Proof of any license or permit which, under federal, state, or local laws and regulations, the applicant is required to have to conduct the proposed business, or which, under any such laws or regulations, would exempt the applicant from the licensing requirements of this chapter.

B. Upon submission of the application, the applicant shall pay a processing fee as established by resolution of the city council, payable in like manner as other business license fees of the city as now in force. If the city licensing officer finds the applicant to be a bona fide charitable institution or entity, he/she may waive payment of the license fee, providing all other provisions of this chapter or code dealing with charitable solicitations are fully complied with.

C. The director of administrative and community services, or his or her designee, shall review the application and verify that the information in the application is correct. A permit shall be issued unless he or she finds one of the following:

1. The application is incomplete;

2. The application contains fraud, misrepresentation, or a false statement;

3. The applicant was convicted within the last five years of a felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature;

4. The business on whose behalf applicant will be peddling or soliciting was found within the last five years to have engaged in fraudulent business practices; or

5. The applicant fails to provide proof of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have to conduct the proposed business.

The director shall notify the applicant in writing, via U.S. Mail, of the granting or denial of a permit within ten days after submission of a completed application.

D. Such permit shall be valid for one year following the date of issuance unless earlier revoked pursuant to this chapter.

(Ord. No. 1554, § 2, 12-9-14)

Any person applying for a permit to operate as a sidewalk vendor shall include the following information:

A. The name and current mailing address of the applicant;

B. A description of the type of food, beverage, or merchandise to be sold, as well as hours of operation, a description of the cart, and any additional information that will explain proposed use;

C. A description and photograph (including signage and colors) of any stand to be used in the operation of the business;

D. A certification, signed by the sidewalk vendor, stating, to his or her knowledge and belief, the information contained on the application is true;

E. The California Department of Tax and Fee Administration sales tax number, if any, of the sidewalk vendor;

F. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, then the name and business address of the principal;

G. A policy of general liability and, when applicable, automobile insurance with coverage in the amounts and with the named additional insured as required by the city's risk manager;

H. A valid permit issued by the San Bernardino County Health Department.

(Ord. No. 1625, § 4, 11-12-19)

A. Any permit applied for or issued pursuant to this chapter may be denied, suspended, or revoked at any time by the director of administrative and community services for any of the following reasons:

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

2. Fraud, misrepresentation, or false statement contained in the course of carrying on the activity authorized by such permit;

3. Violation of any provision of this chapter;

4. Conducting the activity authorized by the permit in an unlawful manner;

5. Conviction of any felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or of a trespassing nature; or

6. Revocation of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have to conduct the proposed business.

B. The director of administrative and community services shall give written notice of the suspension or revocation of the permit to the permittee either in person or by mail at the address listed on the permittee's application.

(Ord. No. 1554, § 2, 12-9-14)

A. Persons engaging in canvassing are exempt from the permit requirements of Sections 5.28.020 and 5.28.030.

B. Persons exempt from Sections 5.28.020 and 5.28.030 shall comply with the provisions of Section 5.28.070.

(Ord. No. 1554, § 2, 12-9-14)

No person shall enter upon any residential, commercial, or industrial premises, nor ring any doorbell, knock on any door or window, or otherwise disturb the occupants of the premises for the purpose of conducting any canvassing, peddling, or solicitation between the hours of 8:00 p.m. and 9:00 a.m.

(Ord. No. 1554, § 2, 12-9-14)

A. When conducting any act of peddling or solicitation, a person authorized by permit hereunder shall carry his or her permit and a photo identification that shows the person's name and address. Said person shall show his or her permit and photo identification upon request.

B. When conducting any act of canvassing, a person shall carry his or her photo identification that shows the person's name and address. Said person shall show his or her photo identification upon request.

C. This section shall not apply to anyone under the age of eighteen who does not have photo identification.

(Ord. No. 1554, § 2, 12-9-14)

A. The practice of being in and upon private residences in the city by peddlers and solicitors for the purpose of peddling or soliciting orders for the sale of goods, merchandise, or services when the owner(s) or occupant(s) indicate by a plainly visible sign that such practice is not wanted is declared a nuisance.

B. Any violation of this chapter is a misdemeanor and, upon conviction thereof, is punishable as set forth in Section 1.16.010.

(Ord. No. 1554, § 2, 12-9-14)

Upon written application to the city council, the city council may grant a waiver as to all or certain provisions of this chapter in that other licensing provisions contained in Title 5 of this code or other statutory law may apply.

(Ord. No. 1554, § 2, 12-9-14)

A. Any person aggrieved by any action to deny, suspend, or revoke a permit under this chapter shall file a letter of appeal with the city clerk within ten days of the aggrieving action. The letter shall be addressed to the city council, shall set forth the grounds for the appeal, and shall be accompanied by permittee's appeal fee as established by resolution of the city council.

B. The city council shall set the time and place for hearing such appeal, and written notice of such time and place shall be given to the applicant by the city clerk either in person or by mail at the address listed in the permittee's application at least ten days prior to the date set for the hearing, at which hearing the applicant will present his or her case and any other interested person may present testimony for or against the applicant.

C. The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a permit be issued to the applicant if it finds that all of the following conditions are satisfied:

1. The application is complete;

2. The application contains no fraud, misrepresentation, or a false statement;

3. The applicant has not been convicted within the last five years of a felony or misdemeanor involving fraud, theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature;

4. The business on whose behalf applicant will be peddling or soliciting has not been found within the last five years to have engaged in fraudulent business practices; and

5. The applicant provides proof of any license or permit which, under federal, state or local laws and regulations, the applicant is required to have to conduct the proposed business.

D. The city council may impose reasonable conditions on the issuance of a permit which is granted upon appeal.

(Ord. No. 1554, § 2, 12-9-14)