San Marino Municipal Code Art. 09 Door-to-Door Solicitation

The City Council of the City of San Marino finds, determines, and declares that the prohibitions, restrictions, and declarations hereinafter set forth are necessary, appropriate, and in the public interest to:

A. Preserve and guarantee, for the owners and lessees of private residential and commercial properties, the right to peaceful and quiet enjoyment of their properties through narrowly tailored limits on door-to-door solicitations.

B. Prevent fraud by requiring all door-to-door solicitors to obtain a ministerial permit from the City Clerk to engage in solicitation pursuant to procedures ensuring prompt review for approvals, denials, suspensions, and revocation decisions, and requiring each solicitor to wear City-issued identification that includes the solicitor's name, signature, permit number, and street address to allow members of the public to protect themselves from fraudulent activities.

C. Enhance privacy by permitting owners and lessees of private residential and commercial properties to affirmatively opt out of all solicitation activities by: 1) displaying a conspicuous "No Solicitation" or "No Solicitors" sign; 2) placing themselves on the City's Solicitor Refusal Register, which shall be updated quarterly to ensure its accuracy; or 3) both. (Ord. 0-18-1339, 10-10-2018)

The following words and phrases shall be defined and set forth in this section, for the purpose of this article:

CHARITABLE: Means and includes the words patriotic, political, philanthropic, social services, welfare, benevolent, educational, religious, civic or fraternal or any other tax exempt purpose or function as specified in article I of chapter 4 of the California Revenue and Taxation Code (sections 23701 et seq.).

CONTRIBUTION: Means and includes alms, food, clothing, money or property, subscriptions, pledges or donations given or solicited, either directly or indirectly, or under the guise of loans of money or property.

MONETARY COMPENSATION OR CONSIDERATION: As used herein, means and includes, but is not limited to, participation on a percentage basis in any fund solicited or raised for or on behalf of any other person.

SOLICIT OR SOLICITATION: The request, directly or indirectly, for a contribution of money, credit, property, financial assistance or other things of value, for any purpose whatsoever, including charitable purposes, as defined in this section, which request is made door-to-door, in any place of public accommodation, in any place of business open to the public generally, on City streets and sidewalks, in public parks or in any other public places. These words also mean and include the following methods of obtaining such money, credit, property, financial assistance or other thing of value:

A. Any verbal or written request;

B. The local distribution, circulation, posting or publishing of any handbill, written advertisement or other publication unless such handbill or written advertisement has been placed within a business open to the public generally and with the express permission of the owner or lessee of such business; or

C. The sale of or taking orders for any goods, services, merchandise, wares or other tangible items. A solicitation, as defined herein, shall be deemed completed when the request is made, whether or not the solicitor receives any contribution or makes any sale referred to herein.

SOLICITOR: Means and includes any "hawkers", "salesmen", and "peddlers" and shall mean all persons, both principal or agent, who go from house to house, or to only one house, or upon any street, sidewalk, alley, plaza, or in any park or public place in the City by foot or vehicle, who sell or solicit goods, wares, merchandise, services, magazines, periodicals or other publications, or subscriptions for the same and shall also include any person who requests directly or indirectly the donation of money, credit, property, financial assistance or other things of value for any purpose whatsoever including charitable purposes.

WRITING: Includes "printing", "typewriting", "mimeographing", "multigraphing" or "photocopying".

WRITTEN: Includes "printed", "typewritten", "mimeographed", "multigraphed" or "photocopied". (Ord. 0-18-1339, 10-10-2018)

No person shall conduct any type of solicitation in the City without a current and valid City permit to do so, regardless of whether or not the person maintains or is employed at an established place of business. A separate permit shall be required for each person engaging in solicitation. Any one engaged in solicitation within the City must have in their possession said permit at all times. A permit issued under the authority of this article is not a substitute for a City business permit. Any permit issued under this article shall not be transferable or assignable. (Ord. 0-18-1339, 10-10-2018)

The fee for obtaining a permit required by this article must be established by resolution of the City Council. Fees are payable to the issuing authority upon acceptance of the application. (Ord. 0-18-1339, 10-10-2018)

A. Filing Of An Application: An application for a solicitation permit shall be filed with the City Clerk. Within fifteen (15) calendar days of the date the application is received, the City Clerk shall either return the application as incomplete, or grant or deny the requested permit. In the event the City Clerk fails to act upon a completed application within the time prescribed herein, the permit shall be deemed granted.

B. Contents Of Application: An application for a solicitation permit shall include the following information, as applicable:

1. The name, address and telephone number of the person who will be conducting the solicitation and the photo identification of any such person taken within sixty (60) days immediately prior to the filing of the application. Such photo identification shall be two inches by two inches (2"x2") showing the head and shoulders in a clear and distinguishable manner.

2. A description of the method or methods to be used in conducting the solicitation.

3. The time when such solicitation will be made, giving the preferred dates and hour of the day for the commencement and termination of the solicitation.

4. A statement to the effect that, if a permit is granted, it will not be used or represented in any manner as an endorsement by the City or by any department or officer thereof.

5. A statement as to whether or not the applicant has been convicted of a violation of this article, any felony or misdemeanor involving moral turpitude or a violation of any narcotics law, exclusive of all City or County ordinance violations and violations of the Vehicle Code not constituting a felony.

6. A statement as to the number of vehicles to be used in conducting the business including the model, year, and vehicle license number(s).

7. The applicant shall sign the application, certifying that he or she has carefully read the application and that all the information contained therein is true and correct.

8. If, while any application is pending, or during the term of any permit granted thereon, there is any change in fact, policy or method that would alter the information set forth in the application, the applicant shall notify the City Clerk, in writing thereof, within twenty four (24) hours after such change. (Ord. 0-18-1339, 10-10-2018)

Once a complete solicitation application, as provided for in section 11.09.05 of this article, has been submitted and any fees required hereunder have been paid, the City Clerk shall approve a permit to solicit in the City unless one or more of the following circumstances applies:

A. The applicant or any of his or her employees has violated any provision of this article.

B. The applicant has failed to provide the information requested in this article; or

C. The applicant has made any false statement in the application. (Ord. 0-18-1339, 10-10-2018)

A. Identification Card Required; Contents: Any person engaged in solicitation shall obtain an identification card from the City, which shall include the permit number, the name and street address of the permittee, a statement describing the permittee's purpose and activity, the name and signature of the solicitor to whom the card is issued, the specific period of time during which the solicitation is authorized and a statement printed prominently on the card which shall state: "This identification card is not an endorsement of the solicitation activities by the City of San Marino or any of its departments, officers or employees."

A sample copy of the identification card shall be filed with the City Clerk at the time the application for a permit is filed and shall be approved by the City Clerk as conforming to the requirements of this article.

B. Identification Card To Be Carried And Displayed: No person shall engage in solicitation unless an identification card of a form approved by the City Clerk is exhibited and read to the person solicited, or is presented for perusal by the person solicited. The identification card shall be worn on the upper left hand portion of the torso, clipped or attached to the outer garment, and shall remain visible at all times.

C. Repeal Or Revocation Of Identification Card: If a permit issued pursuant to this article is denied or revoked, any identification card issued to that same person engaged in solicitation shall be canceled and such cards shall be returned to the City Clerk within forty eight (48) hours from the time of receipt of such notification. (Ord. 0-18-1339, 10-10-2018)

A. Grounds For Revocation: A permit shall be revoked if the permit holder violates any of the provisions of this Code, misrepresents the purpose of the proposed solicitation, or it is later discovered by the City that the permit holder made a false statement in his or her application.

B. Notice Of Suspension: Whenever it shall be shown that grounds for revocation exist, the City Clerk shall immediately suspend the permit by notifying the permittee of the suspension and stating with specificity the reasons for the suspension within two (2) business days by registered or certified mail or by personal service of the notice upon the permittee. Such notification shall become effective on the third calendar day after service by mail of the notice or immediately upon personal service of the notice.

C. Revocation Hearing: The suspension notice shall set the matter for hearing before the City Clerk within five (5) business days of the effective date of suspension.

D. Revocation: The City Clerk shall, based upon the evidence, render a decision within one business day either revoking the permit or ending the suspension and reinstating the permit.

E. Notification Of The Chief Of Police: The Chief of Police shall be notified by the City Clerk of the suspension or revocation of any permit issued under this article. (Ord. 0-18-1339, 10-10-2018)

If an applicant or permittee is aggrieved by any action to deny or revoke a permit by the City Clerk, such applicant or permittee shall have the right to appeal such decision to the City Manager. The notice of appeal shall specifically set forth the grounds for the appeal and shall be filed within five (5) calendar days after mailing or personal delivery of a notice of denial or revocation. The City Manager shall hear the applicant/permittee or a designated representative, receive relevant information and documents, and act on the appeal within five (5) days of receiving the appeal. The City Manager's decision shall be final. (Ord. 0-18-1339, 10-10-2018)

A permit issued hereunder shall be good for a period of one year from date of issuance. It may be renewed for additional one year periods by submitting an updated application providing the information identified by section 11.09.05 of this article. Criteria for granting or denying renewal shall be the same as for granting or denying a new permit. (Ord. 0-18-1339, 10-10-2018)

A. The City Manager shall maintain a list of those residences whose owners or occupants have submitted a written expression of their unwillingness to receive solicitors. Such list shall be known as the "Solicitor Refusal Register". Entries on the refusal register for multi-tenant structures and multi-unit properties shall be based on individual tenancies and units.

B. The City Manager shall update the refusal register on a quarterly basis, as necessary. The update shall include removing businesses and residences for which the City has received information indicating a change of ownership or occupancy, or information that the owner or occupant no longer desires to be included on the list.

C. The City Manager shall provide a copy of the refusal register to any person without charge. (Ord. 0-18-1339, 10-10-2018)

A. Solicitors must operate only Monday through Saturday between the hours of eight o'clock (8:00) A.M. to nine o'clock (9:00) P.M.

B. It is unlawful for any solicitor to solicit business, contributions, monetary compensation, or consideration on private property that has conspicuously displayed a "No Solicitation" or "No Solicitors" sign.

C. No person shall solicit any premises on the Solicitation Refusal Register. It shall be unlawful for any person to engage in solicitation unless he or she has, upon his or her person, a copy of the Solicitation Refusal Register.

D. No person shall, directly or indirectly, solicit contributions from any person by misrepresentation of his or her name, occupation, physical or mental condition, financial condition, residence or principal place of business, and no permittee shall make or cause to be made any misstatement of fact or fraudulent misrepresentation in connection with any solicitation activities in the City or in any application filed under this article. (Ord. 0-18-1339, 10-10-2018)