Chapter 4-5 — PEDDLERS, SOLICITORS, AND ITINERANT MERCHANTS

Article 1 Definitions(Legislative History: Ordinance No. 2007-039, 12/17/07 (Sections 4-5-115—4-5-145); Ordinance No. 2014-009, 6/16/14 (Sections 4-5-100—4-5-145))

"Person" shall mean any natural person, corporation, association, co-partnership, or any other organization however organized.

"Peddler" shall mean any person traveling by foot, wagon, automobile, truck, van, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products, or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automobile, truck, van, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Chapter shall be deemed a peddler subject to the provisions of this Chapter.

"Solicitor" shall mean any person traveling either by foot, wagon, automobile, truck, van or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sales of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sale or not, provided that such definitions shall include any person who, for him or herself, or for another firm or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad box car, hotel room, lodging house, apartment, shop, or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.

"Itinerant merchant" shall mean any person, firm, or corporation, whether as owner, agency, consignee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise, meats, fish, vegetables, fruits or other food products, within the City of San Leandro, and who, in furtherance of such purpose, hires, leases, uses or occupies any nonresidential building, structure, shop, or room in any hotel, motel, auto court, within the City, for the exhibition and sale of such goods, wares and merchandise provided that such definition shall not be construed to include any person, firm or corporation who while occupying such location does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery, and further shall not include sales of pumpkins or Christmas trees. For purposes of this Chapter 4-5, the term "temporary business" shall mean a lawfully permitted business conducted for less than seven consecutive days in any calendar year. Any business conducted for more than seven consecutive days shall obtain a business license in accordance with the provisions of Chapter 2-2 of the San Leandro Municipal Code.

"Pushcart" shall mean a piece of vending equipment which is intended to store all materials and merchandise related to vending activity, and is easily moved by a person.

§ 4-5-125. (RESERVED)

"Trailer" shall mean any non-motorized vehicle which is attached to a motorized vehicle.

§ 4-5-135. (RESERVED)

"Handcart" shall mean a cart drawn or pushed by hand.

"Dolly" shall mean a platform on a roller or on wheels or coasters used to move objects.

Article 2

Permit(Legislative History: Ordinance No. 85-037, 10/21/85; Ordinance No. 87-026, 1/4/88; Ordinance No. 2002-032, 12/9/02 (Section 4-5-250); Ordinance No. 2007-039, 12/3/07 (Sections 4-5-200, 4-5-230, 4-5-235); Ordinance No. 2009-003, 3/16/09 (Section 4-5-205); Ordinance No. 2014-009, 6/16/14 (Sections 4-5-200—4-5-255))

It shall be unlawful for any person to engage in the business of peddler, solicitor or itinerant merchant within the City of San Leandro without first obtaining a permit therefor as provided herein.

This section does not apply to events which require a special event permit.

Applicants for permits under this Chapter must file with the Finance Director a sworn application in writing on a form furnished by the Finance Director which shall give the following information:

(a) Name and description of the applicant;

(b) Permanent home address of applicant;

(c) A brief description of the goods to be sold;

(d) If employed, the name and address of the employer, and the capacity in which the applicant
is employed;

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

(f) For peddlers and solicitors only, the fingerprints of the applicant shall be provided for the
initial application, and for renewals, every even numbered year thereafter;

(g) A statement as to whether or not the applicant has been convicted of any crime, including
violation of any municipal ordinance, the nature of the offense and the punishment or
penalty imposed; and

(h) For itinerant merchants only, a written statement signed by the owner or authorized agent,
consenting to applicant's use of the subject property.

The application and any renewal application shall be accompanied by a fee in such amount or amounts, as designated by the City Council, to cover administrative costs. No part of such fees shall be refunded whether such permit is issued or not.

The applicant shall sign a declaration under penalty of perjury that the information contained or submitted with the application is true.

The Finance Director shall deny the permit if he or she finds:

(a) That any information contained in or submitted with the application is not true; or

(b) That the activity as proposed by the applicant would not comply with any provision of this Chapter or any other ordinance or regulation of the City of San Leandro or any statute or regulation of the State of California or of the United States; or

(c) That the applicant has been convicted of any of the following offenses or convicted of an offense outside the State of California that would have constituted any of the following offenses if committed within the State of California:

(1) An offense involving the use of force or violence upon the person of another that amounts to a felony;

(2) Burglary (P.C. § 459);

(3) Robbery (P.C. § 211);

(4) Fraud, misrepresentation (P.C. §§ 351, 531, 532); or

(d) That, for any other reason, the activity as proposed would be detrimental to the public peace, health, morals or welfare.

The Finance Director shall, within 20 days after receipt of an application complying with the provisions of this Chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4-5-220. If the permit is issued, the permit shall contain the signature of the issuing officer and shall show the name and address of the issuing officer and shall show the name and address of the permittee, the class of permit issued, the kind of goods to be sold thereunder, the date of issuance, and the length of time (not to exceed one year) the same shall be operative as well as the license number and other identifying description of any vehicle, if any, used in such business. The Finance Director shall keep a permanent record of all permits issued. Permits shall be renewed annually upon payment of the renewal fee and business license fee. If the permit is for peddling at the Shoreline Recreation Area, the permit shall indicate the area or areas where the permittee may peddle.

The Finance Director shall issue to each permittee at the time of delivery of his or her permit such identification badges as deemed necessary by the Finance Director. Badges (peddlers and solicitors only) shall be carried and shall be exhibited to any police officer or other authorized city official on demand and to any person upon whom such peddler or solicitor shall call.

No identification badge issued under the provisions of this Chapter shall be used or worn at any time by any person other than the one to whom it was issued.

The Finance Director shall revoke a permit issued pursuant to the provisions of this Chapter if:

(a) He subsequently determines that facts exist which, under the provisions of Section 4-5-220
would have required denial of the permit at the time of application; or

(b) Subsequent occurrences create a situation which, under the provisions of Section 4-5-220
would have required denial of the permit had the situation existed at the time of application;
or

(c) Fraud, misrepresentation, or false statement is contained in the application; or

(d) Fraud, misrepresentation, or false statement was made in the course of carrying on the
business of peddler, solicitor or itinerant merchant; or

(e) Any violation of this Chapter or of the terms and conditions of the permit; or

(f) Conducting business in an unlawful manner or in such a manner as to constitute a breach
of the peace or constitute a threat to the health, safety or general welfare of the public.

Notice of the hearing before the Finance Director for revocation of a permit shall be given in writing, setting forth specifically the basis for revocation and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his or her last known address at least five days prior to the date set for hearing.

Any person who has been denied a permit pursuant to Section 4-5-225, or has had his or her permit revoked pursuant to Section 4-5-240, may appeal that decision to the City Manager.

(a) If a permit is for peddling from a conveyance located from the public right-of-way, it shall not be issued until the applicant provides evidence to the satisfaction of the Finance Director of public liability and property damage insurance in such form and amount as may be required by the Finance Director to protect the City, its officials, directors, officers, employees and agents from claims which may arise from permittee's activities under the permit. Such insurance shall be maintained during the term of the permit.

(b) The permittee shall be responsible for all liability for personal injury or property damage which may result from permittee's activities under the permit, or proximately caused by failure on the permittee's part to perform his or her obligations under said permit. If any claim or such liability is made against the City, its officers, or employees, permittee shall defend, indemnify and hold them and each of them, harmless from such claim including any claim based on the active or passive negligence of the City, its officers or employees, insofar as permitted by law.

Article 3

Exemptions(Legislative History: Ordinance No. 83-007, 2/7/83; Ordinance No. 87-026, 1/4/ 88; Ordinance No. 2007-039, 12/3/07 (Section 4-5-305); Ordinance No. 2014-009, 6/16/14 (Sections 4-5-300—4-5-315))

Persons regularly calling on persons, firms or corporations shall be exempt from the provisions of this Chapter.

No person engaged in the business of peddler, or itinerant merchant shall conduct business on public or private property within the Shoreline Recreation Area.

The provisions of this Chapter shall not apply to the solicitation of subscriptions or advertising for, or sale of, newspapers, magazines or other periodicals published for the dissemination of news and intelligence of a general character and printed or published at regular intervals.

The provisions of this Chapter shall not apply to mobile food vending as defined in Chapter 4-34 of this Code.

Article 4

Business License Fees(Legislative History: Ordinance No. 2014-009, 6/16/14 (Section 4-5-400))

Every person carrying on the business of peddler, solicitor or itinerant merchant who is not exempted from the provisions of this Chapter shall pay as a license fee the sum prescribed in Chapter 2 of Title II of this Code in addition to the application fee provided in this Chapter.

Article 5

General(Legislative History: Ordinance No. 954 N.S.; Ordinance No. 63-72, 12/2/63;

Ordinance No. 73-51, 8/13/73; Ordinance No. 82-050, 6/21/82; Ordinance No. 86-026, 8/4/86; Ordinance No. 2007-039, 12/3/07 (Sections 4-5-505, 4-5-525—4-5-540); Ordinance No. 2008-009, 7/28/08 (Section 4-5-530); Ordinance No. 2014-009, 6/16/14 (Sections 4-5-500—4-5-540))

No permittee or anyone acting in his or her behalf shall shout, make any outcry, blow a horn, ring a bell, or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks, or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys, or parks, or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such permittee proposes to sell.

(a) No peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location (unless otherwise provided) or be permitted to operate in any congested area where his or her operations might impede or inconvenience the public.

(b) No peddler shall stand or park any motorized vehicle or trailer for more than five hours in any particular location, nor shall any peddler stand or park any motorized vehicle or trailer in violation of any section of the San Leandro Municipal Code.

Regardless of the length of time parked at any particular location, no peddler shall stand or park any motorized vehicle or trailer within 500 feet, as measured in any direction, of any area where he or she previously parked at the beginning of the five hour period, until 24 hours have elapsed from the end of said five hour period.

(c) No peddler shall stand or park any motorized vehicle or trailer within 15 feet of any curb return, drive-way or fire hydrant.

None of the fees provided for by this Chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a solicitor to place an undue burden upon such commerce, he or she may apply to the Finance Director for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed fee. The applicant shall, by affidavit and supporting testimony, show his or her method of business and the gross volume or estimated gross volume of business and such other information as the Finance Director may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The Finance Director shall then conduct an investigation, comparing applicant's business with other businesses of like nature and shall make findings of fact from which he or she shall determine whether the fee is unfair, unreasonable, or discriminatory as to the applicant's business and shall fix as the business license fee for the applicant, an amount that is fair, reasonable, and non-discriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. Any person aggrieved by the action of the

Finance Director under this section may appeal to the City Manager.

Before any permit may be issued to an itinerant merchant, the applicant must deposit with the Finance Director the sum of Fifty dollars in lawful money of the United States, which deposit shall be retained as a guaranty that the premises occupied by such applicant shall be left in a clean condition. Upon presentation of a certificate to be issued by the Building Inspector that said premises are clean, such deposit may be refunded to applicant, otherwise, the same shall be retained by the City and expended to clean said premises.

PERMITTED— NOTIFICATION.

(a) Except as allowed by subsection (b), it shall be unlawful for any person to engage in the business of peddler, solicitor or itinerant merchant within a residential zoning district, as described in the San Leandro Zoning Code, except during the hours of 7:00 a.m., to 10:00 p.m., on each day.

(b) Where a person has an appointment with the occupants of a residence, that person may engage in the business of peddler, solicitor or itinerant merchant at that residence.

(c) Every permit issued for the purpose of engaging in the business of peddler, solicitor or itinerant merchant shall contain the language set forth in subsections (a) and (b) above, and shall also contain a map depicting the residential zoning districts of the City.

No person shall vend from or locate a pushcart, handcart or dolly within the City of San Leandro.

§ 4-5-530. (RESERVED)

(a) Any and all vehicles and trailers used for the business of peddling shall be legally parked and capable of being self-propelled at all times. Peddlers engaged in the business of peddling from a vehicle or trailer may peddle their wares within the public rights-of-way on City streets, but shall not have exclusive rights to any particular location.

(b) No peddler shall dispense or sell any type of merchandise within two blocks or 600 feet, whichever is greater, of an established business which sells the same type of merchandise as the peddler.

Prior to leaving any location from which a peddler has engaged in the activity of peddling, peddlers shall pick up, remove and properly dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing of such goods.