Rohnert Park Municipal Code Ch. 9.64 Solicitors and Peddlers

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

A. "License" means the issuance of a business license and the payment of a business license fee as provided by Chapters 5.04 through 5.12.

B. "Peddler" includes any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, 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 whatever, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter is a peddler subject to the provisions of Sections 9.64.010 through 9.64.040. The word "peddler" includes the words "hawker" and "huckster."

C. "Permit" means a permit granted and issued pursuant to the provisions of Sections 9.64.010 through 9.64.040.

D. "Solicitor" means any person, whether a resident of the city 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 whatsoever, for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments of such sales or not; provided, that such definition shall include any person, who, for himself or for any other person, hires, leases, uses or occupies any building, structure, railroad car, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.

(Ord. 34 § 1, 1963)

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 affixed 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. A violation of this section shall constitute a misdemeanor unless the citing officer is able to make one of the findings contained in subsections 1.16.010 B (1) through (4) of this code and elects to issue a citation for an infraction.

(Ord. 743 § 6, 2005: Ord. 34 § 2, 1963)

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. 34 § 3, 1963)

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 this chapter.

(Ord. 34 § 4, 1963)

It is unlawful for any person to engage in the business of a peddler or solicitor within the corporate limits of the city without first applying for and obtaining a permit as provided by Sections 9.64.060 through 9.64.130.

(Ord. 34 § 5, 1963)

Applicants for a permit under Sections 9.64.050 through 9.64.130 must file, 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 offense and the punishment or penalty as assessed therefor.

(Ord. 34 § 6, 1963)

Upon receipt of the application mentioned in Section 9.64.060, 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 fingerprints 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. 34 § 7, 1963)

If as a result of the investigation mentioned in the preceding section, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the original and duplicate of the application his approval and deliver the duplicate to the applicant. Thereupon the applicant shall present the approved duplicate of application to the tax and license collector who shall then compute and collect the appropriate business license fee and issue a receipt therefor to the applicant. Upon the exhibition of the receipt to the chief of police, the latter shall issue and sign a permit in triplicate, showing thereon the applicant's name, address, the kind of goods, wares and merchandise to be sold or for which orders are to be solicited and the date of issuance of the permit. The original permit shall be issued to the applicant and a copy thereof delivered to the tax collector and the remaining copy retained by the chief of police.

(Ord. 34 § 8, 1963)

Permits issued pursuant to this chapter 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 Sections 9.64.050 through 9.64.130;

B. Any violation of Sections 9.64.050 through 9.64.130;

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. 34 § 9, 1963)

Five days after notice of suspension has been given to the permit holder as described in the preceding section, such permit shall be automatically revoked, unless within the five-day period the permit holder requests a hearing by the city manager.

(Ord. 34 § 10, 1963)

Application for the hearing mentioned in the preceding section shall be made upon forms to be furnished by the police department, and such hearing shall be held within fifteen days after the application for hearing is filed. 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 five days after the hearing, the city manager shall make an order to either revoke or reinstate the permit.

(Ord. 34 § 11, 1963)

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 9.64.050 through 9.64.130, shall have the right to appeal to the council. The appeal shall be taken by filing 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 five days prior to the date set for the hearing. The city council shall act upon such appeal within five days after the hearing and the decision of the council shall be final.

(Ord. 34 § 12, 1963)

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor unless by ordinance the violation is made an infraction. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months or by both such fine and imprisonment. Every violation determined to be an infraction is punishable by:

A. A fine not exceeding fifty dollars for a first violation;

B. A fine not exceeding one hundred dollars for a second violation of the same ordinance within one year;

C. A fine not exceeding two hundred fifty dollars for each additional violation of the same ordinance within one year.

Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he shall be punished accordingly.

(Ord. 293 § 1, 2, 1975: Ord. 255 § 1, 1975: Ord. 34 § 13, 1963)