Rolling Hills Estates Municipal Code Ch. 5.48 Peddlers and Solicitors

It is the finding of this council that criminally inclined persons have been going from house to house in the city representing themselves to be agents or canvassers of business firms and by reason of such pretense have been able to inform themselves as to the possibility of committing burglaries or larceny at the premises so visited and that thereby the commission of such crimes has been increased and facilitated. That in addition, the residents of the city have been exposed to unscrupulous schemes by reason of the activities of such canvassers and solicitors.

(Prior code § 770)

For the purpose of this chapter:

"Peddler" means any person, whether a resident of the city or not, traveling by foot, wagon, or 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 or merchandise of every kind or character, offering or exposing the same for sale, or making sales or deliveries to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, or other vehicle or conveyance. The word peddler shall include the words "hawker" and "huckster."

"Solicitor" or "canvasser" means any person, whether a resident of the city or not, traveling by foot, wagon, horseback, automotive vehicle, motor truck or by any other conveyance, from place to place, from house to house, or from street to street, taking, or attempting to take, orders for the sale of goods, 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 a sample of the subject of such sale, or whether or not he is collecting advance payments on such sales, provided further, that such definition shall include any person who for himself or for another person, hires, leases, uses or occupies any building, structure, room, automotive vehicle, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future deliveries.

(Prior code § 771)

The provisions hereof shall not apply to the sale of goods, wares, or merchandise at wholesale or for soliciting orders at wholesale in other than a residential zone. In addition, the provisions hereof shall not apply to charitable and religious solicitations conducted in compliance with this code or to the solicitation of or obtaining of subscriptions or advertising for, or sale of newspapers, published for the dissemination of local or telegraphic news and intelligence of a general character and printed or published at regular intervals.

(Prior code § 772 (b))

No person shall engage in, conduct or carry on the business of a solicitor, canvasser or peddler without first applying for and receiving a permit therefor from the tax collector.

(Prior code § 772 (a))

In addition to the requirements of Sections 5.48.100 through 5.48.120, each solicitor, peddler and canvasser representative of the applicant shall furnish such identification or other related information to the sheriff or tax collector as may be considered necessary to determine the character, moral integrity and reputation of the applicant.

(Prior code § 775 (c))

The approving authority shall be the tax collector and the sheriff.

(Prior code § 775 (b))

The issuing authority shall be the tax collector of the city.

(Prior code § 775 (c))

A permit fee, as set by council resolution shall be paid; provided, however, no fee shall be required of any solicitor, peddler or canvasser acting on behalf of any federal, state or county governmental agency.

(Ord. 561 § 1 (part), 1993: prior code § 777)

A. By taking or attempting to take orders for the sale of goods or personal property of a nature as a part of the proposed solicitation activity, the applicant shall furnish to the tax collector a corporate surety bond in the sum of one thousand dollars, conditioned as follows:

1. Upon the observance by the applicant of all the provisions of this chapter relating to soliciting;

2. Upon the truth of all the representations made in connection with the application for such permit;

3. Upon the truth of all the representations made in the course of any sale;

4. As a guarantee that the purchase price of any article purchased will be returned to any purchaser upon the proof that any false or misleading statement or representation has been made concerning any personal property sold or offered for sale.

B. Such bond, upon its termination, shall be made to inure to the benefit of any person injured or aggrieved as a result of such sale or any purchase made, and shall provide that any such injured or aggrieved person shall have the right of independent action thereon for a period of sixty days from and after the day upon which the purchase, act or statement or representation was made which constitutes the basis of such action.

C. A certified check, cashier's check or cash deposit in the amount prescribed may be furnished to the city by the applicant at his option, in lieu of the required bond. Any such check deposit shall be subject to the same conditions as the required bond. In the event the applicant complies with all of the provisions of this chapter and all of the conditions of the permit, the city shall return such check or cash deposit to the permittee sixty days after the last date of such sale. Otherwise, so much of such sum as is necessary in the opinion of the tax collector to satisfy the violation of the conditions shall be forfeited to the city. In the event the city refuses to grant the applicant a permit, such certified check, cashier's check or cash deposit shall be return forthwith to the depositor.

(Prior code § 776)

Each solicitor's or peddler's permit shall authorize a maximum of four solicitors, canvassers, peddlers, salesmen, representatives or independent franchise holders of the applicant.

(Prior code § 773 (a))

As a condition precedent to any solicitor, canvasser or peddler going in or upon any private residence for the purpose of soliciting orders, taking opinions, statements or other information, or the purpose of soliciting employment or soliciting for the rendering of a service, the consent of the owner or of the occupant of such private residence to do so shall first be obtained by such person, except as provided in Section 5.48.120, and subject further to the provisions of Section 5.48.130.

(Prior code § 773 (b))

A person may be permitted to go in or upon a private residence, or a subdivided lot or parcel of land upon which a private residence is located, or in or upon which persons reside in the city, for the purpose of soliciting not having been requested or invited to do so by the owner or occupant of such private residence if such person has registered with and furnished full identification to the sheriff and the tax collector. Such person shall register his name, permanent and present local address, telephone number, where and by whom last employed, fingerprints, photographs, and such other information as the sheriff may require. The permit as provided for above shall thereafter be issued to such person unless it is found by the tax collector or the sheriff that such person has been convicted of a felony, or is of such character or circumstances are such that the public peace, health, safety or general welfare requires refusal of such permit.

(Prior code § 773 (c))

Notwithstanding the provisions of Section 5.48.120, it shall be unlawful for any solicitor, peddler or canvasser to ring the bell, or knock on the door of any residence, dwelling, flat, or apartment, or to attempt to gain admittance thereto, whereon a sign bearing the words "no solicitors" or "no solicitors or peddlers," or words of similar import, indicating that solicitors or peddlers are not wanted on such premises is painted, affixed or exposed to public view.

(Prior code § 774)