Soledad Municipal Code Ch. 5.40 Solicitors—peddlers—transient Vendors

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

A. "Peddler" means any person, whether a resident of the city or not, traveling from place to place or from house to house in the city, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale, or selling and delivering the same to purchasers. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme to evade the provisions of this chapter.

B. "Person" means any person, firm, corporation, association, club, society, or other organization.

C. Wherever the terms "selling" or "sales" are used herein, "buying" and "purchasing" shall be deemed included.

D. "Solicitor" or "canvasser" means any individual traveling from place to place or from house to house in the city, taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, for himself or herself or for another person, firm, or corporation, uses or occupies a space, within or without a building, for the purpose of exhibiting goods, wares, merchandise, or other personal property to prospective purchasers and taking orders for future delivery, or for the purpose of taking orders for services to be performed in the future.

E. "Transient vendor" means any person, whether a resident of the city or not, and whether acting for himself or herself or as the employee, agent, or consignee of another person, who engages in a temporary business of selling and delivering goods, wares, merchandise, or other personal property of any nature within the city, and who, in furtherance of such purpose, hires, leases, uses, or occupies a temporary location in the city, within or without a building for the exhibition, sale and delivery of such goods, wares, merchandise, or personal property. Persons so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, or in the name of, any local dealer, trader, merchant, or auctioneer.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

It is unlawful for any solicitor, canvasser, peddler, or transient vendor, as defined in Section 5.40.010 of this chapter, to engage in business within the city limits without first obtaining a license therefor in compliance with the provisions of this chapter.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

Applicants for licenses under this chapter shall file with the city clerk a sworn application in writing (in duplicate) on a form to be furnished by the city clerk, which shall give the following information:

A. Name and physical description of the applicant;

B. Permanent home address and telephone number;

C. Local address and telephone number;

D. A brief description of the business or activity to be conducted and of the place where the same will be conducted;

E. If employed, the name, address and telephone number of the employer, or if acting as agent, the name, address and telephone number of the principal who is being represented with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;

F. The length of time for which the right to do business is desired;

G. A photograph of the applicant, taken within sixty days immediately prior to the date of filing of the application, measuring two inches by two inches, and showing the head and shoulders of the applicant in a clear and distinguishing manner;

H. The fingerprints of the applicant;

I. The names of at least two reliable persons residing in the county of Monterey, state of California, who will certify as to the applicant's good character and business reputation, or, in lieu of the names of such references, such other available evidence as to the good character and business reputation of the applicant as will enable an investigator to properly evaluate the applicant's character and responsibility;

J. A statement as to whether or not the applicant has been convicted of any criminal offense, whether felony or misdemeanor, other than minor traffic violations. Also, as to any such offense, the date and place of conviction, the nature of the offense, and the punishment or penalty assessed therefor;

K. Proof of possession of any license or permit which, under federal, state, or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

At the time the application is filed with the city clerk, the applicant shall pay a fee sufficient to cover the cost to the city of processing the application. The amount of the fee shall be established, and from time to time may be amended, by resolution of the city council.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

A. Upon receipt of an application under the provisions of this chapter, the original shall be referred to the chief of police, who shall cause an investigation to be made of the applicant's moral character and business reputation as he shall deem necessary for the protection of the public health, safety, and general welfare.

B. If as the result of such investigation the chief of police finds the moral character or business reputation of the applicant are such as will endanger the public health, safety, or general welfare, he shall endorse on such application his disapproval and the reasons for the same and shall notify the applicant that his or her application is disapproved and that no license will be issued. The notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last-known address.

C. If as the result of such investigation the moral character and business reputation of the applicant are found to be satisfactory, the chief of police shall endorse his approval on the application and shall return the application to the city clerk.

D. Upon receipt of an approved application from the chief of police the city clerk shall, upon payment of the prescribed fee, deliver the required license to the applicant. Such license shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the licensee, the class of license issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the license shall be operative. It shall also show the license number and identifying description of any vehicle to be used in carrying on the business for which the license is issued. The city clerk shall keep a permanent record of all licenses issued.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

All licenses issued under the provisions of this chapter shall expire on June 30.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

The city clerk shall issue to each licensee at the time of delivery of his or her license a badge, which shall be worn continuously by the licensee on the front of his or her hat or outer garment in such a way as to be conspicuous at all times while the licensee is conducting business in the city pursuant to such license. The badge shall bear the appropriate words, i.e., "licensed solicitor," "licensed peddler," or "licensed transient vendor," the period for which the license is issued, the number of the license, in letters and figures clearly discernible.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

No license issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

No person licensed under the provisions of this chapter shall have an exclusive right to use or occupy any location in the public streets or in any public place in the city, nor shall any such licensee be permitted a stationary location or allowed to operate in any congested area where his or her operations might impede or inconvenience the public. For purposes of this section, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether an area is congested or the public impeded or inconvenienced.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

Every person required to be licensed under the provisions of this chapter shall exhibit his or her license when requested to do so by any citizen of the city.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

The city clerk shall keep a register to be signed by the owner, occupant, or person legally in charge of any premises in the city who does not wish to be called upon by persons conducting the business of solicitor, peddler, or transient vendor. The address of the subject premises shall be shown on the register opposite the signature of the registrant.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

It is unlawful for any person, while conducting the business of solicitor, peddler, or transient vendor, whether licensed or unlicensed, to enter upon any premises in the city where:

A. The owner, occupant, or person legally in charge of the premises has signed the register referred to in Section 5.40.110 of this chapter; and

B. The owner, occupant, or person in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a sign bearing the words "no solicitors," or words of similar import.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

It shall be the duty of any city police officer to require any person seen soliciting, peddling, or engaging in the business of a transient vendor, who is not known to such officer to be duly licensed to do so, to produce his or her license, and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

The chief of police shall report to the city clerk all convictions for violations of this chapter and the city clerk shall record such violations on the permanent record of the license kept pursuant to the provisions of subsection D of Section 5.40.050 of this chapter.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

Licenses issued under the provisions of this chapter may be revoked by the city council, after notice and hearing, for any of the following causes:

A. Fraud, misrepresentation, or false statement contained in the application for license;

B. Fraud, misrepresentation, or false statement made by the licensee in the course of carrying on the business of solicitor, peddler, or transient vendor;

C. The violation of any provision of this chapter;

D. Conviction of any crime involving moral turpitude;

E. Conducting the business of solicitor, peddler, or transient vendor in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

Notice of the hearing for revocation of a license pursuant to the provisions of Section 5.40.150 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. The notice shall be mailed, postage prepaid, to the licensee at the address shown on the license application or at the last-known address of the licensee.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

Any person aggrieved by the action of the chief of police or the city clerk in denying a license applied for under the provisions of this chapter, or by a decision made with reference to the revocation of a license issued pursuant to the provisions of this chapter, shall have the right to appeal such action or decision to the city council. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the action or decision complained of has been mailed to such person's address as shown on his or her license application form, or to such person's last-known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city council and at its next regular meeting the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the city council on such appeal shall be final and binding on all parties concerned.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a license fee as provided in Section 5.40.040 of this chapter, shall cite to the city clerk the statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.

(Ord. 478 § 1 (Exbt. A) (part), 1989)

A. Notwithstanding any other provision of this chapter, charitable organizations which have been approved as such by resolution of the city council shall be exempt from the requirements of this chapter including the payment of fees. Provided, however, that before commencing any fund drive the organization shall file with the chief of police a list of its solicitors showing their names and addresses and the dates and areas of solicitation. To qualify for this exemption, a verified statement or a declaration under the penalty of perjury, signed by the president or other duly authorized officer of the organization, shall be filed with the city clerk. The statement or declaration shall include the following facts, each of which shall be a condition precedent to the allowance of such exemption:

1. The organization must be nonprofit, as determined by applicable provisions of the Corporations Code of the State of California;

2. The organization must maintain books of account which are subject to audit and open for inspection by the general public;

3. At least seventy-five percent of the proceeds of the solicitation must be applied to the charitable, philanthropic, nonprofit purposes of the organization; solicitation expenses shall not exceed twenty-five percent of the amount collected;

4. The organization shall not conduct more than one solicitation or fund drive per year within the city, which drive shall not exceed thirty days in length.

B. The foregoing provisions of this section shall not apply to solicitations conducted through the United States mail or by telephone.

(Ord. 478, § 1 (Exhbt. A) (part), 1989)