Chapter 6.54 — PEDDLER PERMIT ORDINANCE

State Law reference— For statutory provisions on solicitation, see Bus. and Prof. Code § 17500.3.

Part 1 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ords. 25115, 28534.)

"Approved location" means a site designated by the chief of police as an approved site from which a peddler, operating from a mobile unit, may sell his or her products.

(Ords. 25115, 28534.)

"Certified Farmers' Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to the chapter.

(Ord. 30319.)

"Director" means the city manager, or such other person designated by the city manager to administer this Chapter.

(Ords. 25115, 28534.)

"Downtown street vendors program area" means that area bounded by the following streets and portions of streets: to the north, San Fernando Street from Highway 87 to Almaden Avenue, then Julian Street from Terraine Street to 4th Street, then St. John Street, from 4th Street to 7th Street; to the south, Interstate 280, from Highway 87 to 4th Street, then San Fernando Avenue from 4th Street to 7th Street; to the west, Highway 87 from San Fernando Avenue to Interstate 280, then Almaden Avenue, from Julian to San Fernando Avenue; and, to the east, 4th Street, from Julian to St. John Street, then 7th Street, from St. John Street to San Fernando Avenue, then 4th Street, from San Fernando to Interstate 280, except City Hall Plaza which is subject to the provisions of Chapter 13.23 of this Code and shall not be considered as part of the downtown street vendors program area.

(Ord. 28534.)

"Licensee" means the holder of a peddler employee license.

(Ord. 28534.)

"Mobile unit" means any vehicle, truck, trailer, cart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles.

(Ords. 25115, 28534.)

"Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles.

(Ords. 25115, 28534.)

"Park" shall have the definition given in Section 13.44.014 of Title 13 of this Code.

(Ord. 30319.)

"Peddler" means any person who participates in peddling.

(Ords. 25115, 28534.)

"Peddling" means:

A.

Traveling by foot, motor vehicle, mobile unit or any other type of vehicle, from place to place, and selling or vending any goods, wares, merchandise, food, products, or any other thing or representation of value on any street, sidewalk, right-of-way, park or other public place; or

B.

Selling or vending any goods, wares, merchandise, food, products or any other thing or representation of value from a fixed location approved by the city on any street, sidewalk, right-of-way, park or other public place.

(Ords. 25115, 28534.)

"Peddler business" means any of the following:

A.

A business engaged in peddling; or

B.

A business engaged in supplying, providing, selling goods, wares, merchandise, food, products, or any other thing or representation of value on consignment to be peddled by another person; or

C.

A business engaged in supplying, providing, or renting mobile units or motor vehicles for use by another person in peddling.

(Ords. 25115, 25598, 28534.)

"Peddler employee" means any of those persons defined in Section 6.01.040 of this Code.

(Ord. 28534.)

"Permittee" means the holder of a peddler business permit.

(Ords. 25115, 28534.)

"San José State University campus area" means that area bounded by Fourth Street, San Fernando Avenue, Tenth Street and San Salvador Avenue.

(Ord. 28534.)

"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to the article.

(Ord. 30319.)

Part 2 - GENERAL PROVISIONS

A.

This chapter shall regulate the conduct of the following categories of peddling:

Pedestrian peddlers;

Motor vehicle-based peddlers;

Mobile unit peddlers;

Approved location peddlers;

Annual or special events peddlers;

Flower peddlers.

B.

Ice cream trucks, unless otherwise specified, are regulated under Chapter 6.39 of the code.

(Ords. 25115, 28534, 30319.)

A.

It shall be unlawful for a person to maintain, manage, operate, conduct, control, engage in or own a peddler business that operates within the city unless the business is maintained and operated in strict compliance with a valid peddler's business permit issued by the chief of police, the regulations issued by the city manager, and in accordance with any other requirements of the State of California or County of Santa Clara.

B.

A peddler business permit is a business permit for purposes of Chapter 6.02 of the code.

(Ords. 25115, 28534, 29253.)

The act or omission of any permittee's partner, owner, associate, director, manager, officer, agent or employee is for all purposes the act or omission of the permittee regulated by this chapter.

(Ords. 25115, 28534.)

A.

It shall be unlawful for a person, other than the permittee, to peddle without having first obtained a peddler employee license issued by the chief of police.

B.

It shall be unlawful for any permittee or any operator, manager, owner or employee of a peddler business to allow or tolerate any person who does not have a peddler employee license from working for or under the direction of, or on behalf of, or as an agent of the peddler business.

C.

For purposes of peddling, a natural person holding a valid peddler business permit is deemed to also have a peddler employee license.

(Ords. 25115, 28534.)

It shall be unlawful for any person to peddle from a fixed location on any public street, sidewalk, or right-of- way, unless that person obtains an approved location permit from the chief of police as provided for in this chapter.

(Ords. 25115, 28534.)