Richmond Municipal Code Ch. 7.40 Peddlers and Solicitors

As used in this chapter:

"Engaged in business" means and includes the conducting, managing or carrying on of any business mentioned herein by any person or owner, officer, agent, manager, employee, servant, tenant or lessee.

"Peddler" means and includes any person, whether a resident of the city or not, who travels by foot or by any type of conveyance from door to door, house to house, place to place or street to street, carrying, conveying or transporting food, goods, wares, merchandise, or other personal property of any nature whatever, offering or exposing the same for sale or making sales and delivering articles to purchasers, or who without traveling from place to place, sells or offers the same for sale from any vehicle or from any place not a permanent store building. "Peddler" means and includes the words "hawker," "huckster" and "itinerant vendor," and includes peddlers as the same are defined in Section 7.04.020 of this article and any amendment or revision thereof hereafter ordained.

"Person" means and includes the singular and the plural and also means and includes any individual, firm, corporation, association, club, copartnership, and any other organization.

"Referral sales" means the sale of goods in which part of the inducement offered by the seller is a rebate, discount, commission or other consideration to be given the buyer when the latter either sells or gives information leading to a sale by the seller of the same or related goods.

"Solicitor" means and includes any person, whether a resident of the city or not, who travels either by foot or by any type of conveyance from door to door, house to house, place to place, street to street, taking or attempting to take orders for the sale of foods, goods, wares, merchandise, 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 he collects advance payments on such sales or not. "Solicitor" includes any person who uses or occupies any building, structure, room, shop, conveyance or other place other than a permanent store building within the city for the purpose of exhibiting samples and taking orders for future delivery. Solicitor includes "itinerant merchants" and includes solicitors as the same are defined in Section 7.04.020 of this Article and any amendment or revision thereof hereafter ordained. "Solicitor" shall also include any person who engages in the business of contacting persons by telephone to secure an appointment to sell subscriptions to magazines, periodicals or other publications and who then goes to the residence or place of business of such person to sell said subscriptions.

(Amended by Ordinance Nos. 28 N.S. and 46 N.S.)

(a) Required. It shall be unlawful for any person to engage in the business of peddler or solicitor within the City of Richmond, or to go from door to door or house to house or street to street within the City of Richmond, for the purpose, direct or indirect and whether or not the same is the sole purpose, of peddling or soliciting, without first obtaining a license therefor as provided in this chapter.

(b) Application Form. Applicants for a license under this chapter must file with the Tax Collector a sworn application in writing on a form to be furnished by the Tax Collector which shall contain the following information:

(1) The name and description of the applicant.

(2) Applicant's local residence address and permanent legal residence address.

(3) The name and address of applicant's business, his interest in or relationship with such business, and, if applicant is employed, the name and address of the employer.

(4) A brief description of the nature of the applicant's business and of the product or service to be peddled or solicited.

(5) If any food product or substance for oral human consumption which is not pre-packaged is to be peddled, a statement by a licensed physician and surgeon dated not more than ten days prior to the filing of such application certifying that the applicant is free of contagious, infectious or communicable disease.

(6) If farm product is to be peddled or solicited, whether the same is produced or grown by applicant.

(c) License Fee. At the time of making application for a license the applicant shall deposit with the Tax Collector any license fee payable by the provisions of Chapter 7.04 of this Article or any amendment or revision thereof hereafter ordained. In the event no license pursuant to application is issued, any license fee deposited shall be refunded to the applicant.

(d) Food Products. In the event the application is for a license to engage in the business of peddling any food products or substance for oral human consumption which is not pre-packaged, or other thing which might endanger the public health, the Tax Collector shall refer such application to the Director of Public Health of the City of Richmond who shall cause to be made such investigation and examination of the applicant and applicant's equipment, facilities, place of business and manner of operation of same, as the Director of Public Health shall deem necessary for the protection of the public health and welfare and to assure compliance with the sanitation laws of the State of California and regulations of the City of Richmond. If, as a result of such investigation, any of the matters investigated by the Director of Public Health are found to be unsatisfactory, the Director of Public Health shall endorse on such application his disapproval thereof and his reasons for such disapproval, and shall return the application to the Tax Collector, who shall notify the applicant that his application has been disapproved and that no license will be issued. If as a result of such investigation the applicant's equipment, facilities, place of business and manner of operation of same are found to be satisfactory, the Director of Public Health shall endorse on the application his approval and return the application to the Tax Collector.

(e) Issuance. Except in the case of applications for licenses which have been disapproved by the Director of Public Health in the manner herein provided, the Tax Collector shall, if the foregoing provisions of this section have been complied with, issue a license pursuant to such application which shall contain the name of the licensee, his address, the name and address of his employer, if any, the kind of product or service peddled or solicited, the number of the license, the fee paid, if any, the dates of issuance and expiration thereof, the license number or the dates of issuance and expiration thereof, the license number or other identifying description of any vehicle used, and the signature of the issuing officer. The Tax Collector shall endorse the fact of issuance of a license on the application therefor and shall keep a permanent record of all licenses issued.

(f) Term of License. All licenses issued pursuant to this chapter shall be valid only for the period of time for which a license fee has been paid to the City of Richmond, but if no fee is payable by any licensee for a license issued pursuant to this chapter then such license shall be valid only for an annual period, provided, however, that no license shall be valid during suspension or after revocation in the manner provided in this chapter.

(Amended by Ordinance No. 1-90 N.S.)

(a) Purpose. This section is for the purpose of regulating peddlers and solicitors under the police powers of the city of Richmond to preserve the peace and general welfare of the community and is not for the purpose of revenue.

(b) Required. It shall be unlawful for any person to engage in the business of peddler or solicitor within the city of Richmond without first procuring a written permit to do so from the chief of police.

(c) Application. Applications for a police permit shall be made in writing to the chief of police, shall be on a form furnished by the chief of police, and shall be signed by the applicant who shall pay an application fee in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained upon the filing of the application. The application shall contain the following information:

(1) The name and description of the applicant.

(2) The applicant's local residence address and permanent or legal residence address.

(3) A brief description of the nature of the business and the goods or services to be peddled or solicited.

(4) If the applicant is employed, the name and address of his employer together with credentials establishing the exact relationship between the applicant and the employer.

(5) The length of time for which the permit to peddle or solicit is desired.

(6) A statement whether or not the applicant has been convicted of any felony or of any misdemeanor involving the violation of any municipal ordinance regulating or taxing any business or of a misdemeanor involving moral turpitude.

(7) Such other information as the chief of police shall deem necessary and relevant to a determination of whether a police permit should be issued pursuant to this section.

(d) Term and Renewal. The permit will expire on the same date that the business license of the peddler or solicitor expires. Renewals shall be granted after the chief has approved an application for renewal and upon the payment of a renewal fee in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained.

(e) Exemptions. The following persons are exempt from the payment of the fees referred to in this section:

(1) Any person who is the age of 17 years or under who is a bona fide resident of the city of Richmond, or any person of the age of 65 or over who is a voter of the city, and any person who has been issued a gratuitous business license, pursuant to Section 7.04.150 or Section 7.04.152.

(2) Any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable or religious purposes or activities and from which profit is not derived directly or indirectly by any person or group of persons.

(f) Investigation. It shall be the duty of the chief of police to make or cause to be made, within a reasonable time after the filing of each application, an investigation of the moral character and business responsibility of the applicant.

(g) Disapproval. If as a result of the investigation the applicant's moral character and business responsibility are found to be unsatisfactory, or if the applicant has been convicted of a felony, or of a misdemeanor involving the violation of any municipal ordinance regulating or taxing any business, or of a misdemeanor involving moral turpitude, then the chief of police shall disapprove the application, shall endorse his disapproval on the application and his reasons therefor, and shall notify the applicant and the city tax collector of the disapproval and shall not issue a permit pursuant to the application.

(h) Issuance. If as a result of the investigation the applicant's moral character and business responsibility are found to be satisfactory, and the applicant has not been convicted of a felony, or of a misdemeanor involving the violation of any municipal ordinance regulating or taxing any business, or of a misdemeanor involving moral turpitude, the chief of police shall issue or cause to be issued a permit addressed to the applicant for the carrying on of the business applied for, and the chief of police shall keep a record showing the number of each permit, the purpose for which it is issued, to whom it is issued, and the dates of issue and expiration thereof.

(i) Possession and Exhibition. It shall be unlawful for any person to engage in the business of peddler or solicitor within the city of Richmond without having in his possession a valid police permit, issued pursuant to this section. Any persons holding a police permit issued pursuant to this section are required to affix the same to their outer garment in the area of the left breast pocket while engaged in the act of peddling or soliciting.

(Amended by Ordinance Nos. 11 N.S., 126 N.S., 246 N.S., 6074 N.S. and 12-03 N.S.)

In addition to obtaining a permit as required by Section 7.40.030 hereof, where payment or deposit is demanded in advance of final delivery, a bond shall be furnished to the tax collector by each person engaged in the business of solicitor. The bond shall be in the penal sum of $500.00 executed by a surety company or by two responsible property owners residing within the city, or, in lieu thereof, a cash bond of equal amount, conditioned upon the making of final delivery of the goods ordered or services to be performed in accordance with the terms in the order, or failing therein, the advance payment of the order be refunded. Any person aggrieved by the action of the solicitor shall have the right of action on the bond for the recovery of money or damages or both. The bond shall remain in full force and effect and in case of cash deposits, the deposits shall be retained by the city for a period of 90 days after the expiration of the license unless sooner released by action of the council. The provisions of this section shall not apply to any authorized agent or representative of a regularly established business in the city.

In addition to obtaining a permit as required by Section 7.40.030, a bond shall be furnished to the tax collector by each person engaged in the business of peddler or solicitor who conducts his business by referral sales. The bond shall be in the penal sum of $500.00, executed by a surety company or by two responsible property owners residing within the city, or in lieu thereof, a cash bond of equal amount, conditioned upon the seller performing the conditions of the contract entered into the referral sale. Any person aggrieved by the action of the peddler or solicitor shall have the right of action on the bond for the recovery of money or damages, or both. The bond shall remain in full force and effect and in case of cash deposits the deposit shall be retained by the city for a period of 180 days after the expiration of the license unless sooner released by action of the city council.

(Added by Ordinance No. 28 N.S.)

It shall be unlawful for any person to make any false statement or misrepresentation in or in connection with any application for a license or permit issuable pursuant to this chapter.

Any license and any permit issued pursuant to this chapter may be revoked at any time by the tax collector, chief of police or director of public health of the City of Richmond for any of the following reasons:

(1) Fraud, misrepresentation or false statement contained in the application for a permit or for a license.

(2) Fraud, misrepresentation or false statement made in the course of carrying on the activity authorized by the permit.

(3) Violation of any provision of this chapter.

(4) Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety or general welfare of the public.

(5) Conviction of any crime involving moral turpitude.

It shall be unlawful for any person to peddle or solicit at any premises within the City of Richmond which are posted with a clearly visible sign bearing the words "No Peddlers or Solicitors" or similar words of the same purpose and effect.

Any person aggrieved by any action of the Tax Collector, Chief of Police or Director of Health taken pursuant to this chapter shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within 14 days after notice of the action complained of has been received by such person, a statement setting forth fully the grounds on such appeal. The Council shall set a time and place for a hearing on such appeal and the City Clerk shall promptly give notice of such hearing to the appellant in writing and mailed, postage prepaid, to the appellant at his last known address at least five days prior to the date set for such hearing. The decision and order of the Council on such appeal shall be final and conclusive.

Every person peddling fruit, vegetables or other farm products prepackaged in sacks, boxes, or other containers shall have plainly and indelibly marked on the outside of such container or on a tag attached thereto the correct net weight of the contents of such container where such net weight of contents exceeds five pounds.

(a) None of the provisions of this chapter pertaining to the payment of fees or the posting of bonds shall apply to persons peddling or soliciting goods or publications for the bona fide purposes of propagating a religious faith, doctrine or belief or advancing a charitable or political cause provided that at least one of the following criteria is met:

(1) The person represents a religious or charitable organization which is recognized by the California Secretary of State as being a tax exempt nonprofit organization;

(2) The person represents a political organization which is recognized by the California Secretary of State or the clerk of the United States House of Representatives as being a political organization;

(3) The person represents a bona fide political party; or

(4) The person executes a declaration under penalty of perjury that his or her activities are for a bona fide religious, charitable or political organization.

(b) Notwithstanding subsection (a), each solicitor for a religious, charitable or political organization shall be required to obtain a police permit.

(c) Applications for a police permit issued pursuant to this section shall be made in writing to the Chief of Police, shall be on a form furnished by the Chief of Police, and shall be signed by the applicant. The application shall contain the following information:

(1) The name and description of the applicant;

(2) The applicant's local residence address and permanent or legal residence address;

(3) A brief description of the nature of the business and the goods or services to be peddled or solicited;

(4) The name, address and telephone number of the religious, charitable or political organization the applicant represents;

(5) The requested length of time (not to exceed one year) for which the permit to peddle or solicit is desired;

(6) A statement whether or not the applicant has been convicted of any felony; and

(7) A signed affidavit setting forth the exact relationship between the applicant and the religious, charitable or political organization the applicant represents.

(d) The term of the permit shall expire on the day specified in the permit or within one year of issuance, whichever occurs first. Renewal of a permit requires the submittal of another permit application.

(e) The Chief of Police shall issue a permit upon completion of the application.

(f) It is unlawful for any person to peddle or solicit on behalf of any religious, charitable or political organization within the City of Richmond without having in his or her possession a valid police permit issued pursuant to this section. Any persons holding a police permit issued pursuant to this section are required to affix the same to their outer garment in the area of the left breast pocket while engaged in the act of peddling or soliciting.

(g) Any person who is 17 years of age or under is exempted from obtaining a permit under this section.

(h) It is unlawful for any person to make any false statement or misrepresentation on or in connection with any application for a permit issued pursuant to this section.

(i) Any permit issued pursuant to this section may be revoked at any time by the Chief of Police for:

(1) Fraud, misrepresentation or false statement(s) contained in the application for a permit; or

(2) Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of peace.

(j) Any revocation of a permit issued pursuant to this section may be appealed by following the procedure set forth in Section 7.40.070.

(Amended by Ordinance 23-91 N.S.)

(Source: Ordinance No. 1390)

Notwithstanding any provisions of this Code, it shall be unlawful for any person, business or entity, including without limitation charitable organizations or persons purporting to represent charitable organizations, to paint street address(es) on curb(s). This section shall not apply to homeowners or their agents who paint the correct address(es) on curb(s) abutting their property.

(Added by Ordinance No. 21-07 N.S.)