Chapter 124 — SALES

AEROSOL SPRAY CANS AND WRITING INSTRUMENTS

It shall be unlawful for any person to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any pressurized can or other container commonly known as an aerosol spray paint can or container which contains paint or dye, and or any writing instruments having a porous point, tip or nib in excess of one-sixteenth of one inch in width at its widest point (hereinafter referred to as “writing instrument”) and or glass etching tools to anyone under the age of 18 years. It shall be unlawful for anyone under the age of 18 years to purchase or otherwise obtain any aerosol spray paint can, writing instrument or glass etching tools or for a juvenile to possess an aerosol spray paint can, writing instrument or glass etching tools in a public place unless:

(A) Such juvenile is in the presence of his or her parent or guardian; or

(B) The possession of such device or devices is part of an authorized school activity or the juvenile's lawful employment duties.

('65 Code, § 4-11.01) (Ord. 401-C.S., passed - - ) Penalty, see § 124.999

(A) Any business or establishment offering for sale to the public any paint or dye which is packaged for sale in a pressurized container commonly known as an aerosol spray paint can or container, writing instruments as described in § 124.001 of this subchapter and or glass etching tools shall provide, post and maintain a sign which contains the following: “Any person who maliciously defaces real or personal property with paint, marking pens or etching tools is guilty of vandalism which is punishable by a fine, imprisonment, or both.” The letters shall be at least one-half inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol spray paint cans, writing instruments or glass etching tools.

(B) Any business or establishment offering for sale to the public any paint or dye packaged in aerosol spray paint cans or containers, writing instruments as described in § 124.001 of this subchapter, or glass etching tools, shall keep, store and maintain such aerosol spray paint cans or containers, writing instruments or glass etching tools in a place that is locked and secured, or otherwise inaccessible to the public.

('65 Code, § 4-11.02) (Ord. 401-C.S., passed - - ) Penalty, see § 124.999

CLOSING-OUT SALES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CLOSING-OUT SALE. Means and includes any sale of goods, wares, and merchandise which is, or is advertised to be, a sale for the purpose of disposing of the stock of merchandise on hand, or any major portion thereof, in contemplation of discontinuing the operation or maintenance of the store or place of business of the seller or the removal thereof to another location, or any sale which is advertised or held out as being a sale under bankruptcy, mortgage, insolvency, or an assignee's, trustee's, or creditor's sale. FIRE, BANKRUPT, or WRECK SALE. Means and includes the sale of goods, wares, or merchandise salvaged from a fire, wreck, or other calamity, or a sale of goods, wares, or merchandise advertised as a fire, bankrupt, or wreck sale.

('65 Code, § 5-7.01) (Ord. 657, passed - - )

It shall be unlawful for any person to conduct a fire sale, bankrupt sale, wreck sale, closing-out sale, or sale of a similar nature in the city without first obtaining a permit from the Council.

('65 Code, § 5-7.02) (Ord. 657, passed - - ) Penalty, see § 124.999

A license fee for each and every of a closing-out sale shall be paid as set forth in § 110.61.

Any person who has been conducting a business in the city for a period of one year may conduct such a sale for a period of 30 days in his established place of business without the payment of a license fee by securing a permit from the Council and filing with the City Clerk an inventory of the merchandise on hand and proposed to be sold. Such permit shall permit the sale of the merchandise then on hand in the store or place of business, and no other merchandise. Only one such sale is permitted per business. ('65 Code, § 5-7.04) (Ord. 657, passed - - )

GARAGE SALES

For the purpose of this subchapter, unless the context clearly indicates or requires a different meaning, GARAGE SALE shall mean any lawn or yard sale, attic sale, rummage sale, moving sale, patio sale, bazaar and/or flea market, or other similar sale and shall mean any sale held for the purposes of selling, trading, bargaining, exchanging, or otherwise disposing of unwanted or surplus household furnishings, personal goods, or other tangible properties of the person or organization holding such sale and conducted on premises in any residential or commercial zone when the principal use of the property is residential.

('65 Code, § 4-9.01) (Ord. 232-C.S., passed - - )

Any person desiring to conduct any garage sale in the city shall comply with the following requirements:

(A) That the occupant of a residence shall first obtain a city permit and that a copy of such permit shall be displayed at the site of the sale at all times during such sale;

• (B) That no such sale shall be of a duration in excess of two days;

• (C) That not more than one such sale shall be permitted during any six month period;

• (D) That such sale shall be conducted only on an improved lot;

• (E) That no portion of any front or side yard area or any open, unenclosed porch, platform, or landing shall be utilized for such purposes;

• (F) That such sales shall be conducted only between the hours of 8:00 a.m. and 6:00 p.m. of any day; and

(G) That no sign, placard, or other form of advertisement of such sale shall be placed upon any public property within the city; nor shall any such form of advertisement be placed upon the premises where the sale is to be conducted more than two days prior to the day the sale is to commence, and such advertisement shall be removed by 6:00 p.m. on the day the sale terminates. No more than one double-faced sign, placard, or other form of advertisement shall be placed upon the premises, and such sign shall not exceed six square feet in size.

('65 Code, § 4-9.02) (Ord. 232-C.S., passed - - ) Penalty, see § 124.999

STREET OR SIDEWALK SALES

It shall be unlawful for any person or organization to hold, manage, conduct, aid, participate in, start, or carry on any street or sidewalk sale, moonlight sale, or any other similar display or sale or cause or permit the same upon any public street, sidewalk, alley, park, or any other public grounds in the city unless there has first been obtained from the Community Development Director a permit to do so, and such permit shall be carried by a person heading such activity. ('65 Code, § 4-7.01) (Ord. 77-C.S., passed - - ) Penalty, see § 124.999

Cross-reference:

Streets, sidewalks, and public places, see Ch. 100

Any person or civic organization, such as a Chamber of Commerce, desiring to conduct or manage a street or sidewalk sale, or moonlight sale, shall, not less than 30 days before the date on which it is proposed to conduct such sale, file with the Community Development Director a verified application, on a form furnished by the city, setting forth the following information:

• (A) The name of the person or organization wishing to conduct such sale;

• (B) If the sale is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and the authorized and responsible head of such organization;

• (C) The name, address, and telephone number of the person who will be the sale chairperson and will be responsible for its conduct;

• (D) The name, address, and telephone number of the person or organization to whom the permit is desired to be issued;

• (E) The date when such sale is to be conducted;

• (F) The approximate number of merchants who will participate in such sale;

• (G) The time when such sale will start and terminate;

• (H) Whether such sale will occupy all or only a portion of the width of the street or sidewalk proposed to be used;

(I) The approximate number of searchlights or floodlights proposed to be used and their proposed location, the number of bands or other musical units to be used, and other proposed entertainment; and

• (J) Payment of a fee established by Council resolution.

('65 Code, § 4-7.02) (Ord. 77-C.S., passed - - )

The Community Development Director shall issue a permit as provided for by this subchapter when, after consideration of the application and after such other information as may otherwise be obtained, it finds that:

• (A) The conduct of such sale will not substantially interrupt the safe and orderly movement of traffic contiguous to its various locations;

(B) The conduct of such sale will not require the diversion of so great a number of police officers, to properly police the sales and the areas contiguous thereto, as to prevent normal police protection to the city;

• (C) The concentration of persons and vehicles at sales locations will not unduly interfere with proper fire and police protection or ambulance service to such areas;

• (D) The conduct of such sales will not unduly interfere with the movement of fire-fighting equipment en route to a fire or the movement of other emergency equipment; (E) The conduct of such sales is not reasonably likely to cause injury to persons or property or to provoke disorderly conduct or create a disturbance; and

(F) Such sale is not to be held for the sole purpose of advertising the goods, wares, or merchandise of a particular business establishment or vendor. ('65 Code, § 4-7.03) (Ord. 77-C.S., passed - - )

The permit to be issued by the Community Development Director shall prescribe the following:

(A) The name of the person or organization wishing to conduct such sale;

(B) If the sale is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and the authorized and responsible head of such organization;

• (C) The name, address, and telephone number of the person who will be the sale chairperson and will be responsible for its conduct;

• (D) The name, address, and telephone number of the person or organization to whom the permit is desired to be issued;

• (E) The date when such sale is to be conducted;

• (F) The approximate number of searchlights or floodlights to be used and authorized locations and the number of bands or other musical units permitted;

• (G) Whether such sale will occupy all or only a portion of the streets or sidewalks to be occupied;

(H) The time at which the sale shall commence and close, and the time when musical units may commence to play or sing, and the time when they shall cease to play or sing; and

(I) The amount of bond or liability insurance to be furnished by the applicant.

('65 Code, § 4-7.04) (Ord. 77-C.S., passed - - )

The Community Development Director shall act upon the application for a sales permit within 15 days after the filing thereof or at its next regular meeting. If the Community Development Director disapproves the application, it shall cause to be mailed to the applicant, within five days after its decision, a notice of its action, stating the reasons for denial of the permit. Such notice shall be mailed to the applicant at his address as given in the application. ('65 Code, § 4-7.05) (Ord. 77-C.S., passed - - )

The Community Development Director, in denying an application, may authorize the conduct of such sale on a date and at a time different from that named by the applicant, and, if the applicant desires to accept the proposed date and time, he shall, within two days after notice of the action of the Community Development Director, file a notice of acceptance. Such permit shall conform to the requirements of this subchapter.

('65 Code, § 4-7.06) (Ord. 77-C.S., passed - - )

The Community Development Director shall have the authority, in his or her discretion, to consider any application for a permit to conduct such sale which is filed less than 30 days before the date such sale is proposed to be conducted.

('65 Code, § 4-7.07) (Ord. 77-C.S., passed - - )

Immediately upon the granting of a sale permit, the Community Development Director shall send a copy thereof to the following:

(A) The Police Chief;

(B) The Fire Chief; and

(C) Other public officials responsible for functions deemed likely to be affected by the sale.

('65 Code, § 4-7.08) (Ord. 77-C.S., passed - - )

No person shall, without the consent of the permittee, join or participate in such sale nor in any manner interfere with its progress or orderly conduct. ('65 Code, § 4-7.09) (Ord. 77-C.S., passed - - ) Penalty, see § 124.999

(A) The provisions of this subchapter are hereby declared to be exceptions to various other sections of this code regulating sales within buildings for the purpose of regulating and permitting sales on streets or sidewalks only for the periods designated in the permit as to the dates and hours of such sales.

(B) The Council is hereby setting a policy of allowing such applications for permits for street or sidewalk sales not more often than semiannually, and only when the Community Development Director finds that such sales are in the public interest and not contrary to the public health, safety, and welfare. ('65 Code, § 4-7.10) (Ord. 77-C.S., passed - - )

SOLICITING; CHARITABLE ORGANIZATIONS

No person shall solicit, sell, or offer to sell, demonstrate, or take orders for the sale of goods, wares, or any form of merchandise, by entering upon the premises of another for such purpose except in compliance with the provisions of this section.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

SOLICITATION. To sell or offer to sell or take orders for the sale of goods, wares, or any form of merchandise or services.

(B) No person shall enter upon the premises of another for the purpose of solicitation between the hours of 7:00 p.m. and 9:00 a.m. of the following day.

(C) Any person over the age of 16 who engages in door-to-door solicitations shall carry a form of photo identification and must present such photo identification upon request of any person being solicited, any peace officer or other person charged with enforcement of the laws pertaining to such solicitations. The photo identification must include the person’s date of birth and be issued by a governmental agency or educational institution. Acceptable identification includes a state driver’s license, state identification card, school identification card, or any government issued identification card.

(D) Any person engaged in door-to-door solicitations shall present the original or a copy of proof of payment of City Business License Tax (pursuant to San Gabriel Municipal Code § 110.61) upon request of any person being solicited, any peace officer, or other person charged with enforcement of the laws pertaining to such solicitations.

(E) The provisions of this section shall not apply to vendors or solicitors who have previously been invited or requested to appear at such premises by the owner or lawful occupant thereof, or to persons making charitable solicitations as defined in § 124.061 below.

(Ord. 616-C.S., passed 3-17-15)

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

CHARITABLE SOLICITATION.

(1) Means and includes the following:

(a) Any oral or written request for a charitable contribution made, transmitted, or distributed by any means; and

(b) Any offer to sell any service, item, or right to attend any function or participate in any activity, which offer includes reference to any actual or purported charitable purpose or charitable organization as an inducement to purchase the service, item, or right to attend.

(2) CHARITABLE SOLICITATION as used herein shall not mean door to door canvassing for the purpose of disseminating information on, promoting, advocating, or proselytizing any religious or political message or cause. As set forth in § 124.060 above CHARITABLE SOLICITATION as defined herein shall not require a city permit but shall require a “notice of intention” as set forth in § 124.062 below.

(Ord. 616-C.S., passed 3-17-15)

No person shall conduct any charitable solicitation as defined in § 124.061 above or solicit or authorize any other person to conduct any charitable solicitation unless a written notice of intention to conduct charitable solicitations is filed with the city’s Finance Director or designee at least 15 days prior to the beginning of the solicitation on a form furnished by the city. A notice of intention shall be filed for each separate special event. At the option of the person filing the notice, a notice related to an ongoing general appeal for charitable contributions may be filed on an annual basis. The Finance Director or designee shall distinguish between special events and activities related to an ongoing general appeal so as to best inform the public of the various types of charitable solicitation activities undertaken by the person filing the notice. If an annual notice is filed, it shall include a description of the activities planned for the year. The person filing the notice shall file a separate notice of intention for any charitable solicitation activity that is not included in the annual notice. The notice of intention shall include the following information:

(A) The name of the person registering and desiring to conduct solicitations for charitable purposes;

(B) Whether the person registering is a natural person, partnership, corporation, or association; and,

(1) If a natural person, the principal business or residence address and telephone number;

(2) If a partnership, the address and telephone number, if any, of the partnership, and the name and principal business or residence address and telephone number of each partner;

(3) If a corporation, the state of incorporation, the address and telephone number of the corporate headquarters, the mailing address, location, telephone number, and name of the person in charge of the local office, if any, and the name and title of each officer and director or trustee;

(4) If an association, the principal business address and telephone number of the association, if any, the name and principal business or residence address and telephone number of each member, unless there are more than ten members, in which case the association shall provide the name, title, and principal business or residence address and telephone number of each officer and director or trustee, and if the association is part of a multi-state organization, the business address and location of local office;

(C) The purpose of the solicitation and use of the contributions to be solicited;

(D) The commencement and termination dates of the solicitation;

(E) The type of solicitation activity and how it will be conducted;

(F) The names of any officer, director, trustee, partner, or any current agent or employee engaging in solicitation of funds who has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years, and the nature of the offense, the state where the conviction occurred, and the year of the conviction, such a conviction may be a basis for denial of the right to solicit;

he names of any officer, director, trustee, partner, or any current agent or employee engaging in solicitation of funds who has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven years, and the nature of the offense, the state where the conviction occurred, and the year of the conviction, such a conviction may be a basis for denial of the right to solicit;

(G) A statement signed under penalty of perjury by persons authorized by the person filing the notice that the signers of the notice of intention have read and are familiar with the provisions of this article.

(Ord. 616-C.S., passed 3-17-15)

(A) No person shall conduct any charitable solicitation door-to-door between the hours of 7:00 p.m. and 9:00 a.m.

(B) No child under the age of ten years shall conduct any charitable solicitation unless accompanied by a responsible person who is 18 years of age or older and who shall at all times keep such child within the range of his or her sight and hearing.

(Ord. 616-C.S., passed 3-17-15)

It shall be unlawful for any person, whether permitted under this chapter or not, to conduct charitable solicitation or door-to-door canvassing for the purpose of disseminating information on,- promoting, advocating or proselytizing any religious or political message or cause in or upon any premises which has posted a sign in a place providing reasonable notice by bearing the words “no solicitors,” or words of similar import.

(Ord. 616-C.S., passed 3-17-15)

PEDDLERS

For the purpose of this subchapter, PEDDLER shall mean and include every person who travels from place to place, or house to house, and solicits or takes orders for books or subscriptions of magazines, periodicals, or newspapers or who canvasses for or makes demonstrations of any goods, wares, merchandise, or things or articles of value; provided, however, PEDDLER shall not include route salespersons of an established business in the city. ('65 Code, § 5-21.201) (Ord. 572, passed - - )

It shall be unlawful for any person to engage in the business of a peddler in the city without first securing a permit and license therefor. ('65 Code, § 5-21.202) (Ord. 572, passed - - ) Penalty, see § 124.999

Any person desiring a permit to engage in the business of a peddler shall file an application in writing with the Finance Director on a form to be furnished by him. ('65 Code, § 5-21.203) (Ord. 572, passed - - )

Upon receipt of such application, the Finance Director shall refer it to the City Manager who shall cause such investigation to be made of the applicant's business or moral character as he deems necessary for the protection of the public.

('65 Code, § 5-21.204) (Ord. 572, passed - - )

The City Manager shall, at the conclusion of his investigation, endorse on the application his recommendation. In the event it is recommended that no permit be issued to the applicant, the application shall be denied.

('65 Code, § 5-21.205) (Ord. 572, passed - - )

In the event the application for such permit is recommended by the City Manager, the applicant for such permit shall, before securing the permit from the Finance Director, report to the Police Chief and have his fingerprints taken and file a specimen of his written signature.

('65 Code, § 5-21.206) (Ord. 408, passed - - )

In the event the application for such permit is recommended by the City Manager, the Finance Director shall issue a permit to the applicant to engage in the business of a peddler under the following terms and conditions:

(A) Such permit shall be issued on the form provided by the Finance Director on which form shall be placed a photograph of the applicant, one inch by one inch in size, taken within six months of the issuing of the permit.

(B) A deposit in the amount of $25 shall be made as a guarantee for the return of the permit to the Finance Director within three days after the expiration of the permit.

(C) A license fee in the amount established by Council resolution shall be paid to the city before the permit shall be issued.

(D) The permit shall be worn upon the permittee in full view at all times while he is engaged in the business of a peddler.

(E) The fees required by the provisions of divisions (B) and (C) of this section shall not apply to agents who are personally employed by the manufacturer of the articles they sell and shall not apply to agents who are personally employed by the duly franchised, exclusive dealer or distributor of such manufacturer. In lieu thereof, such agents shall pay a license fee in the amount established by Council resolution.

('65 Code, § 5-21.207) (Ord. 572, passed - - ; Am. Ord. 4-C.S., passed - - ; Am. Ord. 197-C.S., passed - - ) Penalty, see § 124.999

No license or permit issued pursuant to the provisions of this subchapter shall be used by, or assigned to any other person. ('65 Code, § 5-21.208) (Ord. 572, passed - - ) Penalty, see § 124.999

Any permit or license issued pursuant to the provisions of this subchapter may be revoked by the Council in the event the holder thereof is guilty of fraud, misrepresentation, or the violation of any provision of this subchapter or the general welfare of the public.

('65 Code, § 5-21.209) (Ord. 572, passed - - )

No peddler shall be permitted a stationary location upon a public street in the city.

('65 Code, § 5-21.210) (Ord. 572, passed - - ) Penalty, see § 124.999

No peddler shall use any sound device which will constitute an annoyance or disturbance in connection with his business. ('65 Code, § 5-21.211) (Ord. 572, passed - - ) Penalty, see § 124.999

Notwithstanding the provisions of § 10.99, establishing the penalty for violation of the Municipal Code as a misdemeanor, the prosecutor, in his or her sound discretion, may prosecute a violation of this chapter as an infraction, rather than as a misdemeanor. The prosecutor may also reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Every person, firm, partnership, association, or corporation convicted of an infraction for violation of any provision of this chapter shall be punished by a fine not exceeding $100 for a first violation, a fine not exceeding $200 for a second violation of the same section within a year and a fine not exceeding $500 for each additional violation of the same section within one year. A fourth violation within one year shall constitute a misdemeanor. Each day such violation continues may be regarded as a new and separate offense.