Suisun City Municipal Code Art. V Itinerant Merchant, Peddler or Solicitor

A. "Itinerant merchant," as used in this chapter, means and includes any person or persons, firm or corporation, either principal or agent, employer or employee who engages in a temporary business in the city by selling or offering for sale goods, wares, merchandise or things or articles of value, for a period of not more than 190 days, and who, for the purpose of carrying on such business, hires, leases or occupies any room, building, structure or stand on any real property, or on or adjoining any street or public place in the city. The person, firm or corporation so engaged shall not be relieved from the provisions of this article by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by reason of conducting such temporary business in connection with or as a part of any local business, or in the name of any local dealer, trader, merchant or auctioneer.

B. Every person, firm or corporation engaged in the business of an itinerant merchant shall pay a business license fee of two hundred fifty dollars per year and shall be required to post a bond as described in Section 5.04.270, if the bond pertains.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(1), 1979)

A. "Peddler" means any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise or thing in the possession of the seller, at any place in the city other than at a fixed place of business, but shall not include salesmen or agents for wholesale houses or firms who sell to retail dealers for resale or sell to manufacturers for manufacturing purposes or to bidders for public works or supplies.

B. Every person, firm or corporation engaged in such a business shall pay a license fee of two hundred fifty dollars per year per peddler.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(2), 1979)

A. "Solicitor" means any person who engages in the business of going from house to house, place to place, in or along the streets within the city, selling or taking orders for or offering to sell or take orders for goods, wares or merchandise or other things of value for future delivery, or for services to be performed in the future.

B. Every person, firm or corporation engaged in such a business in the city shall be required to pay a business license fee of two hundred fifty dollars per year per solicitor.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(3), 1979)

A. All solicitors, peddlers and itinerant merchants requiring cash deposits or who require a contract of agreement to finance the sale of any goods, services or merchandise for future delivery, or for services to be performed in the future, shall furnish to the city a bond in the sum of five thousand dollars executed by the principal and any reliable surety company. Such bond shall be conditioned upon the making of final delivery of the goods ordered or services to be performed, in accordance with the terms in each order or failing therein, that the advance payment on such order be refunded within 60 days from the contract date.

B. Any person aggrieved or damaged by the action of any such solicitor, peddler or itinerant merchant shall have the right of action on the bond for the recovery of money or damages or both. Such bond shall remain in full force and effect for a period of 90 days after the expiration of such license, unless sooner released by action of the city council.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(4), 1979)

A. Any person, firm or corporation, either employing or contracting with one or more individuals to have such individuals solicit the retail sale of any goods, wares, merchandise, services or other things of value for future delivery, or to sell or peddle such goods, wares and merchandise, who operate in the city longer than 190 days and who do not have a regularly established place of business within the city may obtain a principal's solicitor or peddler license and pay a business license fee of two hundred fifty dollars plus twenty dollars for each solicitor.

B. In the alternative any bona fide resident of the city applying for an individual solicitor's or peddler's license to operate in the city shall pay an annual business license fee of forty-five dollars each in advance.

C. The principal solicitor or peddler shall promptly notify the collector of the name or address of each individual solicitor or peddler hired or contracted with by the principal for solicitation or peddling. It is the responsibility of the principal solicitor or peddler to see that each individual solicitor or peddler receives a solicitor's permit as furnished by the chief of police before making any contacts for business.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(5), 1979)

All peddlers and solicitors, whether operating under a peddler's or solicitor's license or under a principal's peddler's or solicitor's license, are required to have in their possession a valid solicitor's permit as furnished by the chief of police. A fee will be charged for solicitor's permits. Solicitor's permits are issued on a calendar-year basis.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15 (6), 1979)

Persons, other than itinerant merchants, peddlers and solicitors, not maintaining a fixed place of business in the city but who regularly render personal or other services or products either by appointment, call, referral or otherwise from place to place or house to house in the city are subject to the provisions of this section.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(7), 1979)

A. Every person engaged in the business of peddling or soliciting must receive a certificate of compliance from the collector.

B. The applicant must file a written notarized statement with the city collector. Such statement shall state:

1. The name and location of the company or firm for which the orders are to be secured;

2. The name of the nearest local or state manager, if any, his address;

3. The kind of goods, wares or merchandise to be delivered;

4. The place from which the same are to be shipped or forwarded;

5. The method of delivery;

6. The name and location of the residence of the applicant; and

7. Any other facts that the city collector may require.

C. Any applicant must present such a certificate to the collector before a business license can be issued to him.

D. Furthermore, any peddler or solicitor who receives a license to do business in the city must carry his solicitor's permit at all times while doing business in the city.

E. Any person failing to comply with the provisions of this chapter is subject to arrest and prosecution for a misdemeanor.

F. If there is any evidence of misrepresentations made in any statement or application, or if the investigation of an applicant discloses that the granting of the license applied for may be detrimental to the public peace, morals, health, safety or general welfare, or that the applicant has been convicted of any violation of law involving moral turpitude, the chief of police shall recommend to the collector that the license be denied. The collector shall accept or deny, upon the recommendation of the chief of police, any application for a license as described in the provisions of this section.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(8), 1979)

A. Any solicitor who claims to be entitled to an exemption from the payment of any license provided for in this chapter upon the grounds that he or she is employed by a nonprofit, charitable or fraternal organization shall file a written, notarized affidavit disclosing the following information:

1. A list of all corporate officers of the organization;

2. A financial statement for the business for the most recent year;

3. The name of the immediate supervisor;

4. Possession of a 501(c) 3 exemption from the state and/or a tax exemption from the U.S. Internal Revenue Service; and

5. Any other information which the chief of police and collector may require to establish such claim of exemption.

B. Thereupon the application shall be forwarded to the business license director for his action upon the same and no such solicitor shall be entitled to solicit in the city unless and until the organization has obtained such permit.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(9), 1979)

Any peddler or solicitor, being duly licensed according to the provisions of this chapter, shall carry on his person at all times while operating in the city a solicitor's permit as furnished by the chief of police. This permit shall serve as a notice to the public that the solicitor is duly licensed by the city and has the necessary approval of the chief of police.

(Ord. 600 (part), 1992: Ord. 599 (part), 1991: Ord. 433 § 5.15(10), 1979)