San Joaquin County Municipal Code Ch. 1 (b) - PEDDLER LICENSES

No person shall, without first obtaining a license to operate, act or attempt to act within the unincorporated area of the County of San Joaquin as a peddler or itinerant peddler.

(Ord. 2334)

(a) "Peddler" is defined for the purpose of this chapter as any person who, at any place in the County of San Joaquin other than a principal place of business for which the peddler holds a business license, sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise or thing in the possession of the seller. "Peddler" does not include salesmen or agents for wholesale houses or firms that sell only to retail dealers for resale, to manufacturers for manufacturing purposes, or to bidders for public works or supplies.

(b) "Itinerant peddler" is defined for the purpose of this chapter as any person who, in addition to the matters described in Subsection (a) of this section, has no permanent residence in San Joaquin County or who does not maintain a principal place of business in San Joaquin County.

(c) "Principal place of business" is defined for the purpose of this chapter as a business house separate and distinct from any other business or residence, regularly kept open with an agent acting exclusively for such business in attendance therein between the hours of 8 a.m. and 5 p.m. for at least six (6) hours per day, for at least five (5) days per week.

(d) "Permanent residence" is defined for the purpose of this chapter as a dwelling within the State of California where an applicant for a license has resided continuously for at least one (1) year immediately preceding the filing of his application, and within the County of San Joaquin continuously for at least one hundred twenty (120) days immediately preceding the filing of his application.

(e) "Ice cream vehicle" shall mean a vehicle or portable stand or cart engaged in the curbside vending or sale of frozen refrigerated desserts, confections or novelties commonly known as ice cream, prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for sale to children under fourteen (14) years of age.

(f) "Dispense or dispensing" shall mean peddling, hawking, displaying for sale, soliciting the sale of, offering or exposing for sale, selling or giving away.

(Ord. 2334; 2988; Ord. 4259 § 1 (part), 2005)

To procure a license to operate as a peddler or itinerant peddler, a written application must be filed with the Treasurer-Tax Collector on forms provided therefor.

(Ord. 2334)

The truth of the matter contained in each application must be verified by the oath of the applicant in the same manner as pleadings in civil actions in this State are required to be verified.

(Ord. 2334)

Upon the filing of an application for license, the investigation of the information contained in the application by the Sheriff, including the applicant's business background and moral character, and the Sheriff's favorable report thereon to the Treasurer-Tax Collector, the Treasurer-Tax Collector shall issue a license to the applicant. Should the Sheriff report that any of the information in such application is untrue, or that the applicant's character or business responsibility is unsatisfactory, the Treasurer-Tax Collector shall notify the applicant that his or her application is disapproved and that no license will be issued.

(Ord. 2334; Ord. 4259 § 1 (part), 2005)

(a) Any duly licensed peddler or itinerant peddler shall, while operating in the unincorporated area of the County of San Joaquin, carry on his or her person at all times an identification card to be furnished by the Treasurer-Tax Collector's office at the time the license required by this chapter is issued. Said card will state and serve as notice to the public that said peddler or itinerant peddler is duly licensed by the County of San Joaquin, and said card must be shown to anyone contacted by the peddler or itinerant peddler for business purposes before any sale or offer to sell is made. The fee for said card shall be set by resolution of the Board of Supervisors.

(b) Upon approval, the Treasurer-Tax Collector shall furnish the peddler with a license bearing name of peddler, a license number, the expiration date and a list of the items of merchandise permitted for dispensing, which shall be displayed at all times in a conspicuous place at the dispensing location.

(c) No peddler shall dispense any merchandise not listed on peddler's display plate.

(Ord. 2334; 2988; Ord. 4259 § 1 (part), 2005)

The fee for each license shall be set by resolution of the Board of Supervisors. The full amount of the fee shall be paid upon the submission of the license application. License fees will not be prorated nor will refunds be granted upon the termination of a business.

(Ord. 2334; 2988)

A soldier, sailor or marine who has received from the United States an honorable discharge or release from active duty under honorable conditions, and who wishes to become a peddler or itinerant peddler, is exempt from any and all fees required by this chapter. However, he or she is subject to all other provisions of this chapter, must file with the Treasurer-Tax Collector the statement required of other applicants, and must obtain the license and identification card provided for herein.

(Ord. 2334; 2639; Ord. 4259 § 1 (part), 2005)

(a) No peddler of any goods, wares or merchandise, including food, candy, soft drinks or other edibles, shall sell, vend or peddle merchandise or edibles from any vehicle or any portable stand in the unincorporated area of the County unless, except for times necessary to complete a sale or sales, the vehicle is continually in motion and does not remain within three hundred (300) feet of any previous stopping point for more than twenty (20) minutes in any one (1) day.

(b) A peddler of prepared foods who utilizes one (1) or more vehicles or portable stands in the manner set forth in the preceding subsection, and who employs one (1) or more persons to operate such vehicles or stands on his behalf, may satisfy the licensing requirements of this chapter by obtaining a peddler's license for each vehicle or stand used by him in lieu of obtaining a license for each employee operating such vehicle or stand, provided that all other requirements of this chapter are met, and provided further, that all of the following conditions are met:

(1) The peddler applying for a vehicle license has a permanent residence in, or maintains a principal place of business in, San Joaquin County.

(2) The drivers or operators of said vehicles or stands do not peddle their wares door-to-door or in any manner other than by remaining in or immediately about said vehicle or stand in compliance with Subsection (a) of this section.

(3) The applicant provides the Treasurer-Tax Collector with a certificate of insurance evidencing coverage of such vehicles or stands for general liability purposes. No vehicle license shall issue under this chapter until evidence of adequate insurance coverage has been required by the Treasurer-Tax Collector.

(c) No peddler shall dispense any merchandise, other than food, from an ice cream vehicle.

(d) No peddler shall dispense any merchandise, at any time, including food, from an ice cream vehicle parked or stopped within five hundred (500) feet of the property line of a school between 7:00 a.m. and 4:00 p.m. on regular school days.

(e) No peddler shall permit a person under sixteen (16) years of age to ride in or on an ice cream vehicle.

(Ord. 2334; 2659; Ord. 4259 § 1 (part), 2005)

Except for persons furnishing edible goods to workers on or about a job site, no person may operate within the unincorporated area of the County of San Joaquin as a peddler or itinerant peddler before 9:00 a.m. or after 7:00 p.m. A person furnishing edible goods to workers on or about a job site may so operate between the hours of 6:00 a.m. and 7:00 p.m. This section does not authorize any licensed peddler or itinerant peddler to enter upon a place of employment or business premises without the consent of the owner or the person having lawful possession or control hereof.

(Ord. 2334; 2639)

(a) Any failure to comply with the provisions of this chapter, including failure to obtain a peddler's license, is a misdemeanor punishable by revocation of misdemeanant's peddler's license, by a fine of three hundred dollars ($300.00), by imprisonment in the county jail for a term of not more than three (3) months or by such revocation and/or fine and/or imprisonment.

(b) Any person who intentionally or negligently violates this chapter shall be liable for a civil penalty not to exceed twenty dollars ($20.00) for each day in which such violation occurs. The civil penalty for "itinerant peddlers" may be increased to five hundred dollars ($500.00) per day.

(Ord. 2334; 2988)

A license issued pursuant to this chapter may be revoked after hearing by the San Joaquin County Board of Supervisors upon proof that the applicant has been convicted during the term of such license of a crime or civil violation prosecuted in the name of the People of the State of California, provided such conviction is related to the applicant's conduct of his business.

(Ord. 2334)