Santa Paula Municipal Code Ch. 121 Peddlers, Vendors and Solicitors

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CATERING TRUCK. A vehicle in which food is prepared and/or sold and which commonly visits construction sites, offices or factories for such operations.

CHARITABLE PURPOSE. Benevolent, civic, educational, patriotic, political, philanthropic or other similar purposes.

COMMERCIAL SOLICITATION. Any person who goes from door-to-door taking, or attempting to take, orders for the sales of goods, wares and merchandise, or for services to be furnished or performed; or conducting a survey or poll. COMMERCIAL SOLICITATION, as defined herein, does not include solicitations by telephone, solicitations through the United States mail, nor solicitations or selling agents selling their goods wholesale to dealers.

CONTRIBUTION. The words alm, food, clothing, money, property, subscription or pledge and donations under the guise of loans of money or property.

GOODS or MERCHANDISE. Includes items and products of every kind and description, including all food, produce, flowers and beverage items.

NONPROFIT ORGANIZATION. A nonprofit corporation that has obtained recognized state or federal tax exempt status.

OWNER. Any person or entity owning, or otherwise controlling the operation of any business or activity involving the vending of goods, products or merchandise.

PEDDLER. Any person who goes door-to-door seeking to make concurrent sale and delivery of goods, wares and merchandise of any nature whatsoever.

PERMIT HOLDER. The person to whom a permit has been granted and the organization or group on whose behalf solicitations will be made.

PERSON. Any individual, firm, partnership, corporation, company, association, society, organiza-tion, church, congregation, assembly or league, and shall include any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS or RELIGION. These terms shall have the meaning established by the Supreme Court of the state or the Supreme Court of the United States.

RELIGIOUS AND CHARITABLE SOLICITA-TION. The request, directly or indirectly, of money, credit, property, financial assistance or other things of value, on the plea or representation that such money, credit, property, financial assistance or other thing of value, or any portion hereof, will be used for a charitable or religious purpose, as those purposes are defined in this section, conducted door-to-door in any place of public accommodation, in any place of business open to the public generally, on the city streets and sidewalks, in the public parks, or in any public place. RELIGIOUS AND CHARITABLE SOLICITATION shall also mean and include, but are not limited to, the following methods of securing such money, credit, property, financial assistance, or other thing of value, when conducted in the manner set forth in this section:

(1) Any oral or written request;

(2) The sale of any goods or services; and

(3) The sale of any ticket or right to admission to any amusement, show, entertainment, lecture or other enterprise, where such solicitation is made to persons other than the bona fide members of the organization or institution causing the solicitation of, for or on whose behalf the solicitation is made, and where it is represented or made to appear that such solicitation, or any part of the proceeds therefrom, shall be used for charitable or religious purposes. RELIGIOUS AND CHARITABLE shall not apply to solicitations through the United States mail, or to charitable or religious solicitations which are conducted among the members whether at regular assemblies or services or otherwise.

VEHICLE. As defined in the California Vehicle Code.

VEND. Any act of hawking, operating noise making devices to attract attention to the vendor, or displaying, selling or offering for sale any goods or merchandise to the public from a vehicle other than a receptacle as defined in the City's Sidewalk Vending Ordinance (Chapter 126).

VENDOR. A peddler or any person, other than a sidewalk vendor, who engages in the act of vending.

('81 Code, § 5.44.010) (Ord. 830, passed - -85; Ord. 978, passed - -94; Am. Ord. 1309, passed 7-7-21)

No person shall directly or indirectly engage in solicitations without a permit issued pursuant to the provisions of this chapter.

('81 Code, § 5.44.020) (Ord. 830, passed - -85) Penalty, see § 121.99

(A) Applications for solicitation permits shall be made to the License Collector upon forms prescribed by the city. The application shall be made under penalty of perjury. The License Collector shall have 10 days to review the application prior to the issuance of the permit.

(B) Such applications shall contain the following information and documentation:

(1) The full name, address, telephone number, date of birth and physical description of the person applying for the permit;

(2) If the applicant will be engaged in solicitations on behalf of a person, corporation, company or other such organization, the name, street address and telephone number of such person or entity, and the name, street address and telephone number of the person supervising the applicant;

(3) If solicitation is for religious or charitable purposes, a statement of the purpose for which the proceeds of the solicitation are to be used;

(4) A statement that the applicant has not been convicted of any of the crimes specified in § 121.10;

(5) A statement that the applicant is aware of the provisions of state law relating to home solicitation contracts;

(6) A statement that the applicant has received and read a copy of this chapter;

(7) A short outline of the method or methods to be used in conducting the solicitation;

(8) The time when such solicitation will be made, including preferred dates and hours of the day for commencement and termination of solicitations;

(9) A statement to the effect that if a permit is granted it will not be used or represented in any way as an endorsement by the city or any department or officer thereof.

(C) If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the License Collector in writing thereof within 24 hours after such change.

('81 Code, § 5.44.030) (Ord. 830, passed - -85)

Permits issued under this chapter shall be valid for a period of the calendar year unless revoked or suspended pursuant to the provisions of this chapter.

('81 Code, § 5.44.040) (Ord. 830, passed - -85)

No permit issued under this chapter shall be transferred or assigned, and any attempt at assignment or transfer shall be void.

('81 Code, § 5.44.050) (Ord. 830, passed - -85) Penalty, see § 121.99

(A) Whenever it shall be shown that any person to whom a permit has been issued has violated any of the provisions of this chapter, the License Collector shall suspend the permit, after giving written notice to the permit holder of not less than two business days, in person or by registered special delivery, postage prepaid, and addressed to the permit holder at the address specified in the permit application or any amendment thereto, of the suspension and proposed revocation, stating with specificity the reason therefor. However, the two-day notice shall not be required if the License Collector determines there is a need to protect the public safety, in which case the permit shall be suspended immediately.

(B) The permit holder may file with the City Manager, within 10 days of the date of the notice of suspension and proposed revocation, a written request for a hearing, which request shall have the effect of staying the suspension until the City Manager has rendered his decision, except in instances where the suspension is necessary to protect the public safety. The City Manager shall hold a hearing within 10 days after the filing of such request.

(C) At the hearing, the City Manager shall hear all relevant evidence, shall consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall render a decision thereon within one business day after the hearing. The decision shall be communicated in writing to the permit holder within one day thereafter, and shall state with specificity the reasons therefor.

(D) In the event that the permit holder does not request a hearing within 10 days after the date of the notice of suspension and proposed revocation, the permit shall be revoked, and the revocation shall not be appealable.

('81 Code, § 5.44.060) (Ord. 830, passed - -85)

Any applicant or permit holder aggrieved by an action of the City Manager to deny, revoke or refuse to renew a permit may appeal to the Council by filing with the City Clerk a statement addressed to the Council setting forth the facts and circumstances regarding the action of the City Manager. Such appeal shall be filed within 10 days after the disputed action of the City Manager, and the Council shall hear the appeal at its next regular meeting, but not earlier than five calendar days after the receipt of the appeal. The filing of such an appeal with the City Council shall not stay the action of the City Manager. At the time of the appeal hearing, the Council shall not receive new testimony, but shall review the record of the hearing of the City Manager and shall determine the merits of the appeal, and it shall render a decision thereon within three business days after the hearing. The decision shall be communicated in writing to the appellant within two days thereafter, and shall state with specificity the reasons therefor. The action of the Council shall be final and appealable to the Superior Court of the state pursuant to Cal. Civ. Proc. Code § 1094.5. Such an action in the Superior Court shall be filed within 90 days following the Council's action, pursuant to Cal. Civ. Proc. Code § 1094.6.

('81 Code, § 5.44.070) (Ord. 830, passed - -85)

(A) Solicitations pursuant to permits under this chapter:

(1) Shall not be conducted by any person under the age of 16 years, unless supervised by an adult and in compliance with all laws of the state; and

(2) Shall not be made at any house, apartment or other dwelling unit, nor at any business to which is affixed a sign indicating “No Solicitors” or similar indication that no solicitation contact is desired by the occupants thereof.

(B) No solicitor shall:

(1) Affix any object to the person of any member of the public without first receiving express permission therefor;

(2) Persistently and importunely engage in commercial solicitation with the person being solicited after he or she has indicated that he or she is not interested in the solicitation;

(3) Intentionally and deliberately obstruct the free movement of any person on any street, sidewalk or other public place, or any place open to the public generally.

(C) The permit issued pursuant to this chapter shall be shown to the person from whom a contribu-tion is sought upon request.

('81 Code, § 5.44.080) (Ord. 830, passed - -85) Penalty, see § 121.99

Upon request, the permit holder shall issue to the customer a written receipt for the sale or order of any goods, wares, newspapers, magazines, books, merchandise, services, or any other item or exchange of value, which receipt shall be signed by the permit holder and shall plainly indicate his name, the date, the items or services purchased, and the amount received.

('81 Code, § 5.44.090) (Ord. 830, passed - -85)

No person shall conduct solicitations at residences if that person has been convicted of any of the following crimes, as defined in the California Penal Code: murder, mayhem, assault, battery, rape, arson, burglary, possession of burglarious instruments or deadly weapons, crimes of embezzlement, bunco or fraud, or attempt to commit any of the aforementioned crimes or any crimes requiring registration with the Police Department.

('81 Code, § 5.44.100) (Ord. 830, passed - -85) Penalty, see § 121.99

(A) For each person engaged in commercial solicitation, as defined in § 121.01, there shall be a permit fee in an amount to be established by resolution of the City Council for each calendar year, and shall not be prorated. No permit shall be issued unless and until a permit for commercial solicitation is granted in accordance with the provisions of this chapter, and any such permit shall be subject to and limited by the provisions of this chapter.

(B) Notwithstanding division (A) of this section, the License Collector may issue a principal commercial solicitor's license to every person either employing or contracting with one or more individuals for commercial solicitation services, as set forth in division (A) of this section. If a principal solicitor should elect to use the provisions of this section, no principal commercial solicitor's license shall be issued until the applicant files with the License Collector a list of all solicitors employed or retained by the applicant with whom the applicant has a contract, and unless the applicant executes an agreement that he will notify the License Collector in writing of every change in personnel of those soliciting for him within five days after such change is made. In such event, the principal commercial solicitor and each individual commercial solicitor must still obtain a permit in accordance with the terms and provisions of this chapter. Nothing contained in this section shall be deemed to grant to a principal commercial solicitor the privilege of commercial soliciting unless there is maintained in full force and effect for each individual commercial solicitor a permit in accordance with the terms and provisions of this chapter. The permit fees for a principal solicitor's permit shall be in an amount to be established by resolution of the City Council, and shall not be prorated.

(C) A business license, as defined in § 110.60, shall also be payable by all commercial solicitors.

(D) Religious and charitable solicitors shall not be charged a fee or be required to obtain a business license.

('81 Code, § 5.44.110) (Ord. 830, passed - -85)

No person, whether or not the person maintains or is employed at an established place of business or is employed by a person who is licensed pursuant to this chapter, shall engage in the business of peddling or vend from any vehicle without first obtaining a permit/decal pursuant to this chapter.

('81 Code, § 5.44.120) (Ord. 978, passed - -94 -94; Am. Ord. 1309, passed 7-7-21) Penalty, see § 121.99

(A) Requirements. All vending shall be subject to and in compliance with the following requirements:

(1) Business license. Each owner shall have a valid and current city business license.

(2) Peddler/vendor permit. Each owner shall have a valid and current peddler/vendor permit.

(3) Health permit. Each owner causing the sale of or offering for sale any produce, food or edibles shall have a valid health permit issued by the appropriate governmental agency.

(4) Insurance. Each owner shall have general liability and, when applicable, automobile insurance with coverage in the amounts and with the named additional insured as required by the City Attorney's office.

(5) Decal/public property use fee. Each person engaged in vending shall, in a conspicuous location on the vehicle, display a city-issued decal visible to the general public. The decal shall be issued when:

(a) The owner has provided the city with evidence of compliance with divisions (A)(1) through (A)(4) above;

(b) The owner's proposed operation has been reviewed and approved by the city as complying with the municipal code;

(c) The owner has paid the peddler/ vendor permit fee.

(6) Self-contained vehicle. Any vehicle must be totally self-contained and may not use the utilities on the site on which it is operating, with the exception of restroom facilities if permitted by the site owner.

(7) May not impede access. Vehicles shall not be located in such a way as to block required parking spaces or driveways, impede vehicular or pedestrian access on public or private property, create a hazardous disruption in the flow of traffic on public roadways or sidewalks, or encroach on landscaped areas by the vehicle, or customers.

(8) Stopping. Food trucks may not stop on a public street for more than ten minutes to sell food in commercial and industrial areas of the city.

(9) Private property. Subject to other limitations in this chapter, food trucks may park on private property with approval of the property owner and city.

(B) Areas prohibited. Vending shall not be permitted:

(1) On Main Street, east of 8th Street, and west of 11th Street;

(2) Upon any alley or roadway median;

(3) Within 100 feet of any residentially developed property unless visiting a construction site where two or more dwellings are under construction with an active, valid building permit;

(4) Within 100 feet of the nearest curb or edge of pavement on the cross roadway of any inter-section of two or more public roadways;

(5) Within 100 feet of any freeway on-ramp or off-ramp as defined in the California Vehicle Code;

(6) Within 500 feet of the property line of any place of worship, or public or private school;

(7) On any public park unless the vendor has formal authorization from the City Recreation Director;

(8) To take up more than 30 feet of parallel parking area on a roadway for the vendor's vehicle, and the vendor shall not indicate exclusive roadway parking or reserve any public parking area for its customer parking;

(9) Upon any specific roadway, or portion thereof, which as a result of the limited parking, limited line of sight, traffic control impacts, high traffic flow is designated by the Public Works Director/City Engineer as unsafe for vending.

(C) Signs. The only signs permitted shall be a sign not to exceed three square feet which may be affixed to two opposite, parallel sides of a vehicle displaying, offering or storing goods or merchandise for sale.

(D) Number of vendors and sales persons. The city may limit the number of vendors at anyone location or within an area, or limit the number of sales persons or others engaged in the act of vending for anyone owner at the requested or approved location.

(E) Noise or music while parked. No noise or music shall be played, created or sounded while a vehicle is parked or stationary.

('81 Code, § 5.44.130) (Ord. 978, passed - -94 -94; Am. Ord. 1309, passed 7-7-21) Penalty, see § 121.99

This chapter shall not be applicable to:

(A) Any nonprofit organization, or person acting for it, with respect to the sale of any goods or merchandise constituting or making a statement carrying a religious, political, philosophical or ideological message relevant to the purpose of the organization;

(B) Vending operations conducted by a business which sells food on property it owns or leases, where the business occupied at least 10,000 square feet of enclosed floor area;

(C) The sale of newspapers, periodicals, pamphlets, booklets or other constitutionally protected material;

(D) Farmers markets, art shows, special events, street fairs and craft shows approved and designated by the city, except the requirements in § 110.64 shall still apply;

(E) Those delivery activities of any business with a fixed place of business which generally only delivers its products, services or goods to a specified address in response to a customer request, order or invoice previously made to that fixed place of business;

(F) The sale on private property of tools customarily delivered by truck or van.

('81 Code, § 5.44.140) (Ord. 978, passed - -94)

No person or entity shall engage in the act of or business of peddling or vending within the city without first obtaining a city peddler/vendor permit as specified in this chapter. The business owner shall make a written application in a form and manner specified by the city.

('81 Code, § 5.44.150) (Ord. 978, passed - -94) Penalty, see § 121.99

All peddler/vendor permits shall expire at the end of the calendar year.

('81 Code, § 5.44.160) (Ord. 978, passed - -94)

The City Council may, from time to time, by resolution, establish procedures to provide for the administration and implementation of this chapter, including the establishment of fees to provide for processing of applications.

('81 Code, § 5.44.170) (Ord. 978, passed - -94)

Upon the issuance or denial of a permit or the rejection of the application, the applicant shall be notified in writing that should the applicant object to the interpretation or decision of city staff under this chapter, the applicant has the right to present such objection to the City Council at any regularly scheduled meeting.

('81 Code, § 5.44.190) (Ord. 978, passed - -94)

(A) Any person guilty of violating the provisions of § 121.02 shall be guilty of an infraction and subject to a fine not exceeding $50. A second violation of said section shall constitute a misdemeanor and be punished according to Chapter 13 of this code.

(B) Any person guilty of violating any other provisions of this chapter shall be guilty of an infraction and subject to a fine not exceeding $50 for a first violation and a fine not exceeding $100 for a second violation. A third violation shall constitute a misdemeanor and be punished according to Chapter 13 of this code. Upon conviction of a third in a calendar year, the permit shall be revoked.

('81 Code, § 5.44.180) (Ord. 978, passed - -94)