San Mateo Municipal Code Ch. 5.48 Peddlers and Solicitors—exemptions

For the license fee for peddlers, see Section 5.24.190.

For the license fee for solicitors, see Section 5.24.230.

(a) Every peddler, solicitor or other person, claiming to be entitled to exemption from the payment of any tax provided for in this title upon the ground that such tax casts a burden upon his or her right to engage in commerce with foreign nations or among the several states, or conflicts with the laws of the United States respecting interstate commerce, shall file a verified statement with the bureau disclosing the interstate or other character of his or her business entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his or her address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the bureau.

(b) No such applicant shall engage in such business without payment of a business tax under the provisions of this title, for the business in which the applicant intends to engage, unless a certificate of exemption, under the provisions of this section, has first been issued to applicant by the Tax Collector.

(c) Such applicant, at the time of the filing of such verified statement, shall also file a photograph of applicant taken, within sixty days immediately prior to the date of filing such application, and showing head and shoulders of applicant. Applicant shall also file a set of his or her fingerprints.

(d) A service charge of five dollars shall be made at the time of filing such application for expenses in connection therewith, and paid to the Tax Collector.

(e) In the event such certificate has been refused, the applicant may appeal to the Council. The provisions of Chapter 5.18 with reference to the notice, place and time of the hearing, and all procedure in connection therewith shall apply in the event of such appeal.

(f) If, at such hearing, the Council has found that payment of a business tax would cast a burden on applicant's right to engage in commerce with foreign countries, or among the several states, or would conflict with laws of the United States respecting interstate commerce, the Council shall cause such certificate of exemption to be issued. If, at such hearing, the Council has found otherwise, such exemption shall be denied.

(g) All findings of the Council thereon shall be final and conclusive on applicant.

prior code § 39.10

(a) Every peddler, solicitor or other person, claiming to be entitled to exemption from the payment of any tax or permit fee provided for in this title upon the ground that he or she is an honorably discharged or released soldier, sailor, or marine of the United States, who is physically unable to obtain a livelihood by manual labor and who is a qualified elector of the state, as provided, or hereafter to be provided, by any law of this state, shall file with the bureau an affidavit giving his or her name, address, and those of his or her employer, if any, stating that applicant is an honorably discharged solider, sailor, or marine, and is physically unable to obtain a livelihood by manual labor and containing such other information as may be required by the license bureau.

(b) Such an applicant, at the time of the filing of the affidavit, shall also file the following:

(1) A certificate of a regularly licensed and practicing physician dated within six months of such application, to the effect that such applicant is physically unable to obtain a livelihood by manual labor, and stating the nature of such incapacitation;

(2) A photograph of applicant taken within sixty days immediately prior to the date of filing such application, and showing head and shoulders of applicant;

(3) A set of applicant's fingerprints;

(4) A certified or photographed copy of such honorable discharge, or similar document entitling applicant to such exemption;

(5) Such other documents as may be required by the license bureau.

(c) A service charge of five dollars shall be made at time of filing such application for expenses in connection therewith, and paid to Tax Collector.

(d) No such applicant shall engage in such a business without payment of a business tax under the provisions of this title, for the business in which such applicant intends to engage, unless a certificate of exemption, under the provisions of this section, has first been issued to the applicant by the Tax Collector.

(e) In the event such certificate has been refused, the applicant may appeal to the Council. The provisions of Chapter 5.18 with reference to the notice, place and time of the hearing, and all procedure in connection therewith shall apply in the event of such appeal.

(f) If, at such hearing, the Council has found that the applicant is an honorably discharged or released soldier, sailor, or marine, is physically unable to obtain a livelihood by manual labor, and is a qualified elector of the state, the Council shall cause a certificate of exemption to be issued. If the Council at hearing has found otherwise, it shall deny the exemption.

(g) All findings of the Council shall be final and conclusive on the applicant.

prior code § 39.11

Every peddler, solicitor, or other person claiming to be entitled to exemption from the payment of any license, tax, or permit provided for in this title upon the ground that he or she is the vendor of fruits, vegetable, or other foodstuffs raised by him or her in the City, shall file a verified statement with the bureau containing his or her address, the kind of goods to be sold, the method of solicitation, sale, and delivery, the location of any warehouse in said city, and any other facts necessary to establishing such claim of exemption.

prior code § 39.12

Every peddler, solicitor, or other person claiming to be entitled to any exemption from any license, tax, or permit provided for in this title on the ground that he or she is peddling or soliciting for the sale of newspapers, periodicals, or other publications, or upon any other grounds not herein specifically mentioned, shall file a verified statement with the bureau containing the information required by Section 5.48.010, and any other facts necessary to establish such a claim of exemption.

prior code § 39.13