San Fernando Municipal Code Div. 2 Permit and License

It shall be unlawful for any person to engage in the business of peddler, as defined in this article, within the corporate limits of the city, without first obtaining a permit as specified under this division and such license as may be required by this Code or other city ordinance.

(Code 1957, § 17A.2)

(a) An applicant for a permit required under this division must file with the city clerk a sworn application in writing (in duplicate), on a form to be furnished by the city clerk, which shall give the following information:

(1) The name and description of the applicant.

(2) The applicant's address, both business and residence.

(3) A brief description of the nature of the business and the goods to be sold and, for products of farm or orchard, whether produced, grown or purchased by the applicant.

(4) If employed, the name and address of the employer, and submission for inspection of credentials establishing the exact relationship.

(5) The length of time for which the right to do business is desired.

(6) If a vehicle is to be used, a description of the vehicle, together with the license number and other means of identification.

(7) A photograph of the applicant, taken within 60 days immediately prior to the date of filing the application, which picture shall be at least two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner.

(8) The fingerprints of applicant to be taken by the chief of police as provided in this division.

(9) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor.

(b) At the time of filing the application, a fee as established by resolution of the city council shall be paid to the city clerk to cover the cost of investigation.

(Code 1957, § 17A.3)

(a) Upon receipt of the application for the permit provided for in section 58-56 and within 72 hours from receipt by the city clerk of the application, the original shall be referred to the chief of police, who shall cause the applicant to be fingerprinted and such other investigation regarding applicant's business and moral character to be made as he deems necessary for the protection of the public good.

(b) 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 such application his disapproval and his reasons for disapproval and shall return the application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.

(c) If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, shall execute a permit addressed to the applicant for the carrying on of the business applied for and shall forward the permit, along with the application, to the city clerk who shall, upon payment of the prescribed license fee, if required, deliver to the applicant his permit and issue such license. Such permit shall contain the signature of the issuing officer and shall show the name, address and photograph of the permittee; the kind of goods to be sold thereunder; the date of issuance and the length of time the permit shall be operative; as well as the license number and other identifying description of any vehicle used in such peddling. The clerk shall keep a permanent record of all permits issued.

(d) The chief of police shall approve or disapprove such application within ten days from the date he receives the application, unless such time limit is extended in writing by the applicant.

(e) Failure of the chief of police to approve the application for a permit within ten days from the date he receives the application or within such additional period as may be extended by the applicant in writing shall be deemed a denial thereof.

(Code 1957, § 17A.4)

No permit issued under this division shall be used at any time by any person other than the one to whom it was issued.

(Code 1957, § 17A.5)

A peddler is required to exhibit his permit and license at the request of any person.

(Code 1957, § 17A.6)

(a) Any permit issued under this division and any license issued under article II of chapter 22 of this Code may be revoked by the administrative services officer after notice and hearing, for any of the following causes:

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

(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler.

(3) Any violation of this article.

(4) Conviction of any felony or misdemeanor involving moral turpitude.

(5) Conducting the business of 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.

(b) Notice of the hearing for revocation of a permit and license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last known address at least five days prior to the date set for the hearing.

(Code 1957, § 17A.7)

Any person aggrieved by the action of the chief of police or the city clerk in the denial of an application for a permit as provided in this division or in the decision with reference to the revocation of a permit as provided in this division and a license under article II of chapter 22 of this Code shall have the right of appeal to the council. Such appeal shall be taken by filing with the council, within 14 days after an automatic denial under subsection 58-58(e) or after notice of action to deny the permit or revoke the permit and license has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in this division for notice of hearing on a revocation. Such appeal shall be heard and decided by the council within 30 days from the date such appeal was filed unless such time limit is extended, with the written consent of the appellant. The decision and order of the council on such appeal shall be final and conclusive.

(Code 1957, § 17A.10)