San Luis Obispo County Municipal Code Ch. 6.24 Transient Merchants—solicitors and Canvassers

Footnotes:

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Editor's note— Ord. No. 3296, § 7, adopted April 21, 2015, amended Ch. 6.24 in its entirety to read as herein set out. Former Ch. 6.24, §§ 6.24.010—6.24.100, pertained to similar subject matter, and derived from Ord. 1635 § 2, 1976.

It is unlawful for any transient merchant, itinerant merchant, itinerant vendor, solicitor, or canvasser as defined in this title to engage in such business within the unincorporated areas of the county without first obtaining a license and identification card in compliance with the provisions of this title. It is unlawful for any agent or employee of a solicitor or canvasser to engage in such business within the unincorporated areas of the county without first obtaining an identification card in compliance with the provisions of this title.

(Ord. No. 3296, § 7, 4-21-15)

Subsections (1) through (9) of this section will be completed in the presence of the tax collector, and subsections (10) through (12) will be completed by the sheriff, allowing a thirty-day waiting period for the investigation.

Every application for a license and identification card required by this chapter shall be signed by the applicant and shall contain the following:

(1) Name of the applicant;

(2) Permanent home address and full local address of the applicant;

(3) A brief description of the nature of the business and the goods to be sold or the services to be rendered;

(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship;

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

(6) The place where the goods to be sold are manufactured or produced, where such goods or products are located at the time the application is filed, and the proposed method of delivery;

(7) If services are to be rendered, a statement as to the manner in which they are to be rendered;

(8) Three clear photographs showing the head and shoulders of the applicant, two by three inches in size;

(9) The physical description of the applicant;

(10) The fingerprints of the applicant and the names of at least two reliable property owners in the county who will certify the applicant's good character and business responsibility; or, in lieu of the names of references, such other evidence as will enable an investigator to properly evaluate the character and business responsibility of the applicant;

(11) A statement as to whether the applicant has been convicted of a felony, misdemeanor, or violation of any county ordinance, and if so, the nature of the offense and the date the sentence, penalty, or other obligation was completed;

(12) The description and license number of any motor vehicle to be used by the applicant.

(Ord. No. 3296, § 7, 4-21-15)

Upon completion of such application, the original shall be retained by the sheriff, who shall cause the investigation of applicant's business and moral character to be made as is deemed necessary for the protection of the public good.

(Ord. No. 3296, § 7, 4-21-15)

(a) If, as a result of the investigation, the grounds for denial of a license pursuant to Section 6.08.006 are present, the sheriff shall return a copy of the application, together with a recommendation of denial to the tax collector. The tax collector must weigh and consider the recommendations of the sheriff before making a decision on the subject license application.

(b) The tax collector is empowered to deny applications based upon the recommendation of the sheriff, supported by factual matter which justifies denial. The tax collector is empowered to condition the issuance of a particular license upon conditions, which are related to the carrying on of the particular business by the particular applicant in the interests of the public health, safety, and welfare of the people of the county.

(c) Any person whose application has been denied shall have the right to appeal as provided under Sections 6.08.170 and 6.08.180 of this title.

(Ord. No. 3296, § 7, 4-21-15)

(a) If, as result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the sheriff shall approve the application for the carrying on of the business applied for and send notice of the approval of the application to the tax collector, who shall issue the license and/or identification card.

(b) The license shall be sealed by the tax collector and shall contain the following;

(1) The number of the business license,

(2) The name and address of the applicant,

(3) The class of license issued and the kind of goods to be sold or services rendered,

(4) The amount of fee paid, and

(5) The date of issuance and the length of time the license shall be operative.

(c) The tax collector shall issue to each licensed solicitor and any agents or employees an identification card which shall contain the words "licensed solicitor," as well as the following information:

(1) The name of the solicitor or canvasser,

(2) The period of time for which the business license is issued,

(3) The number of the business license, and

(4) The physical description of the solicitor with a current photo.

(d) The identification card, during the time the licensee, agents, or employees are engaged in canvassing or soliciting, shall be worn on the front of the outer garment in a conspicuous manner.

(e) The issuance of any such license and/or identification card shall not constitute any endorsement by the board or any of the officers of the county as to the reputation of reliability of the bearer thereof, or the goods to be sold or services to be rendered.

(Ord. No. 3296, § 7, 4-21-15)

(a) All licenses issued under this chapter shall expire as set forth in Section 6.08.030 of this title, and are renewable as set forth in Section 6.08.090 of this title. However;

(b) A new solicitor's identification card shall be required for each year that the associated solicitor's license is renewed.

(Ord. No. 3296, § 7, 4-21-15)