Chapter 5.08 — PEDDLERS AND SOLICITORS

"Peddler" means any person not having a regularly established place of business, who travels or goes from house to house, or from place to place, or who has a stand or other temporary structure upon or along any public street, alley or other public place, doorway of any building, unenclosed or vacant lot, or parcel of land, and who sells and makes immediate delivery, or offers for sale and immediate delivery, any services, goods, wares or merchandise in his possession.

(Prior code § 5120.0; Ord. 1181, 09/11/56; Ord. 2042, 04/28/70; Ord. 2106, 09/07/71)

"Solicitor" means any person who travels or goes from house to house, or from place to place, or in or along the streets taking orders for, or endeavoring to take orders for the sale, exchange or delivery of any services, goods, wares or merchandise not in his immediate possession.

(Prior code § 5120.1; Ord. 1181, 09/11/56; Ord. 2042, 04/28/70; Ord. 2106, 09/07/71)

No person shall peddle any services, goods, wares, or merchandise, or solicit orders for any services, goods, wares, or merchandise without first obtaining a License and paying the License fee therefor. Licenses shall be required of all persons soliciting goods shipped in interstate commerce.

(Prior code § 5120.2; Ord. 1181, 09/11/56; Ord. 2042, 04/28/70; Ord. 3113, 06/16/87)

Each Application for a peddling or soliciting License shall be accompanied by the fingerprints of the Applicant upon a form issued by the Sheriff of San Mateo County.

(Prior code § 5120.3; Ord. 1181, 09/11/56)

Prior to the issuance of any License for soliciting or peddling, the License Board shall refer the Application, together with the Applicant's fingerprints, to the Sheriff of San Mateo County, who shall cause such investigation of the Applicant's business and moral character to be made as he deems necessary for the protection of the public good. If as a result of such investigation, the Applicant's character or business responsibility is found to be unsatisfactory, the Sheriff shall endorse on such Application his disapproval and the reasons for the same, and return said Application to the License Board, who shall notify the Applicant that his Application is disapproved, and that no License shall be issued.

If as a result of such investigation, the character and business responsibility of the Applicant are found to be satisfactory, the Sheriff shall endorse on the Application his approval and return said Application to the License Board.

(Prior code § 5120.4; Ord. 1181, 09/11/56)

Upon receipt of a deposit in the sum of ten dollars ($10.00) therefor, the Tax Collector shall issue to each Licensee, at the time of delivery of the License, a metal badge for each individual Licensed under the provisions of this chapter. The License badge shall bear the number of the License in figures plainly discernible. Such badge shall be worn constantly by the Licensee on an outer garment, in such a way as to be conspicuous during such time as the Licensee is engaged in soliciting or peddling. Five dollars ($5.00) of the deposit herein provided for shall be returned to the Licensee upon the surrender of the License and badge to the Tax Collector within 30 days of the expiration thereof. A fee of $5.00 shall be charged for replacement of a lost badge. Badge fees are in addition to License fees prescribed herein.

(Prior code § 5120.5; Ord. 1181, 09/11/56; Ord. 2042, 04/28/70; Ord. 3113, 06/16/87)

No 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.

(Prior code § 5120.6; Ord. 1181, 09/11/56)

No person shall peddle any goods, wares, or merchandise on any portion of the right-of-way of any public highway of or in the County of San Mateo.

(Prior code § 5120.7; Ord. 1181, 09/11/56)

No person shall erect, place or maintain any stand, vehicle or any object on any portion of the right-of-way of any public highway of or in the County of San Mateo for the purpose of peddling therefrom.

(Prior code § 5120.8; Ord. 1181, 09/11/56)

It shall be unlawful for any person to peddle or solicit before the hours of 9:00 o'clock A.M. of any day, or after the hours of 8:00 o'clock P.M. of any day.

(Prior code § 5120.9; Ord. 1181, 09/11/56)

The provisions of this chapter as to the requirements of a License do not apply to:

(a)

Owners or operators of farms or ranches who erect or maintain stands on their farms or ranches for the purpose of selling farm products raised or grown by them on the Premises, so long as proper building, zoning, and sanitary regulations are complied with.

(b)

Food establishment as described in Chapter 5.68 of this title (Section 5.68.010, et seq.)

(c)

Any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this State.

(d)

Any charitable organization.

The fee provisions of this chapter do not apply to self-employed veterans of U.S. Military service.

(Prior code § 5120.10; Ord. 1181, 09/11/56; Ord. 1732, 10/28/ 65; Ord. 1906, 06/18/68; Ord. 2042, 04/28/70; Ord. 3113, 06/16/87)

The term of License for peddling or soliciting issued pursuant to the provisions of this chapter shall be for six months from its date of issuance. The fee therefor shall be $12.00 for each such six-month period.

(Prior code § 5120.11; Ord. 1181, 09/11/56; Ord. 2042, 04/28/70)