San Bernardino Municipal Code Ch. 5.19 Peddling and Soliciting

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PEDDLING. The act by any person of going from house to house, place to place or in or along the streets within the city, either on foot, by wagon, cart, automobile, motor truck, ice cream cart, ice cream wagon, ice cream truck or any conveyance, selling and making immediate delivery of, or offering for sale and immediate delivery of, any goods, wares, merchandise or anything of value, in possession of the person.

SOLICITING. The act by any person of going from house to house, place to place or in or along the streets within the city, selling or taking orders for, or offering to sell or take orders for, goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future, or asking for charitable donations.

(A) It shall be unlawful for any person to engage in the business of peddling goods, wares, merchandise, fruits and vegetables or prepared/prepackaged foods, including, but not limited to: ice cream; or of soliciting orders for goods or services; or of soliciting donations for charity in an open public place or door to door within the city without first having secured a peddling or soliciting permit. A separate permit shall be required for each person who will be peddling or soliciting.

(B) Permits shall be issued for a one-year period. Upon expiration of the permit, the former permitee may apply for a new permit in the same manner as a new applicant, except that if the permitee applies for a new permit before the old permit expires, the old permit shall remain in force until the City Clerk, or his or her designee, either approves or denies the application for the new permit.

(A) Permit application. The applicant for any peddling or soliciting permit shall provide to the City Clerk, or his or her designee, on a form prepared by the Clerk the following information:

(1) The name, address and telephone number of the applicant;

(2) The place and date of any conviction within the past ten years for a crime of moral turpitude, criminal battery, fraud, burglary or theft of the applicant;

(3) Such fingerprints and/or other documents which reasonably relate to permitting under this title, as may be required by the Police Department, of the applicant;

(4) A copy of the state sales tax permit (Cal. Revenue and Taxation Code, § 6066) for the applicant’s activities attached to the application;

(5) A general description of the type of merchandise or service that the applicant proposes to peddle or solicit;

(6) A statement that the applicant is not required to register under Cal. Penal Code, §§ 290 et seq.; and

(7) If the applicant is a corporation, a list of all officers, directors and majority stockholders.

(B) Permit application fee. Each application shall be accompanied by a non-refundable investigative fee established by resolution of the Mayor and City Council.

Upon the filing of the application required by § 5.19.030, together with the application fee(s), the City Clerk, or his or her designee, shall transmit one copy to the Police Department. The applicant shall cooperate with the Police Department in conducting its investigation and shall, if requested, provide the Police Department other documents or materials which may be requested which reasonably relate to the course of the Department’s investigation. Within 45 calendar days of the date the application is filed with the City Clerk, the Chief of Police shall report to the City Clerk in writing recommending approval or denial of the permit and stating the reasons therefor.

(A) The City Clerk, or his or her designee, shall not issue a peddler’s or solicitor’s permit unless all of the following requirements are met:

(1) The applicant has submitted a correct and complete application form both as to the applicant and, if applicant is a corporation, a list of the corporation’s officers, directors and majority stockholders;

(2) The applicant has provided fingerprints, if requested by the Police Department, of the applicant;

(3) The applicant has paid the application fee;

(4) Neither the applicant nor, if the applicant is a corporation, the corporation’s officers, directors and majority stockholders has within the past ten years been convicted of a crime of moral turpitude, criminal battery, fraud, burglary or theft;

(5) Neither the applicant nor, if the applicant is a corporation, the corporation’s officers, directors and majority stockholders has ever been convicted of a crime that requires registration under Cal. Penal Code, § 290; and

(6) If required, the applicant has obtained a food permit from the County Environmental Health Department.

(B) Any person denied a permit pursuant to this chapter shall not peddle or solicit within the city. Upon determination of grounds to deny a permit, the City Clerk, or his or her designee, shall cause a “notice of denial” to be mailed by first class, postage prepaid mail, to the notice address designated by the applicant.

(C) Any person denied a permit pursuant to these provisions may appeal pursuant to §§ 5.82.100 through 5.82.150.

(D) All permits issued hereunder are non-transferable.

Every person to whom a permit has been granted shall display the permit in a conspicuous place at all times while peddling or soliciting. Failure to display the permit is a violation of this chapter.

Whenever any person intends to peddle or solicit goods, wares, services or merchandise for the purpose of raising funds or soliciting donations for a tax exempt organization, said applicant may apply to the City Clerk for a permit to be issued without payment of the permit fee. If satisfied that the funds will be used for the purposes mentioned herein, the City Clerk shall order the issuance of a permit for said peddling or solicitation for a term fixed by the City Clerk.

This chapter shall not apply to children selling items for school, charity or other fundraising events.

Any person violating this chapter is guilty of a misdemeanor which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

The prohibitions set forth in this chapter are supplemental to any similar prohibitions set forth in state law.

Should any provision, section, paragraph, sentence or words of this chapter be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this chapter shall remain in full force and effect.

(Ord. MC-1282, passed 8-19-2008)