Chapter 5.16 — Canvassers and Solicitors

A "canvasser" or "solicitor" is defined as any individual, partnership, association or corporation and any and all members of such association, partnership or corporation, whether resident in the city or not, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property of any nature whatever for future delivery, including subscriptions for newspapers, magazines or other periodicals, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he or she is collecting advance payments on such sales or not.

(Prior code § 6-A.1)

It is unlawful for any solicitor or canvasser as defined in Section 5.16.010 to engage in such business without first obtaining a permit therefor from the chief of police as provided in this chapter. (Prior code § 6-A.2)

An applicant for a permit under this chapter must file with the chief of police a sworn application in writing on a form to be furnished by the chief of police, which shall give the following information:

• A. Name and address of applicant.

• B. Permanent home address and full local address of applicant.

• C. A brief description of the nature of the business and the goods to be sold.

• D. If employed, or if an agent, the name and address of the employer, or principal, together with credentials establishing the exact relationship between such employee or agent and his employer or principal.

• E. The length of time for which the right to do business is so desired. No permit shall be issued until 10 days after being applied for.

• F. The place where the goods or property proposed to be sold or orders taken for the sale thereof, are manufactured or produced, where such goods are located at the time the application is filed, and the proposed method of delivery.

• G. Two photographs of the applicant, taken within 60 days immediately prior to the filing of the application, which pictures shall be two inches by two inches showing full front view of head and shoulders of the applicant in a clear and distinguishing manner.

• H. The fingerprints of the applicant and the names of two reliable property owners of the county, who will certify as to applicant's good character, or other available evidence in lieu of such references as will enable an investigator to properly evaluate such character and business responsibility.

• I. A statement of whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the imprisonment or penalty assessed therefor.

• J. A statement of a reputable physician of Susanville dated not more than 10 days prior to the submission of the application, certifying the applicant to be free of contagious, infectious or communicable diseases.

At the time of the filing of the application, a fee of $2 shall be paid to the chief of police to cover the costs of investigating the facts stated therein.

(Prior code § 6-A.3)

Upon receipt of the application referred to in Section 5.16.030 or upon request if no application is required, the chief of police shall cause such investigation of the applicant's business and moral character to be made as the chief of police 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 chief of police shall endorse upon such application his or her disapproval and the reasons therefor, and shall notify the applicant that the application is disapproved, no permit shall be issued. If, as a result of such investigation, the applicant's character and business responsibility are found to be satisfactory, the chief of police shall, upon compliance with all other provisions of this chapter, issue the permit applied for, upon such form as the chief of police, shall from time to time prescribe.

(Prior code § 6-A.4)

Permits issued under the provisions of this chapter may be revoked by the city council after a hearing upon notice for any of the following causes:

• A. Fraud, misrepresentation or false statement made in the application for permit, or in carrying on the business of solicitor or canvasser.

• B. Any violation of this chapter.

• C. Conviction of any crime or misdemeanor involving moral turpitude.

• D. Breaching the peace in conducting such business of soliciting or canvassing, or conducting such business in such a manner as to constitute a menace to the health, safety or general welfare of the public.

Notice of the hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his last-known address at least five days prior to the date set for hearing. (Prior code § 6-A.5)

Any person aggrieved by the action of the chief of police in the denial of a permit under the provisions of this chapter shall have the right to appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant as provided in Section 5.16.050 for notice of hearing on revocation. The decision of the council on such appeal shall be final and conclusive. (Prior code § 6-A.6)

All permits issued under this chapter shall expire on the thirty-first day of December of the year in which such permit is issued. (Prior code § 6-A.7)

Nothing contained in this chapter shall be construed to relieve any applicant for the permit provided for in Section 5.16.020 from also procuring from the city clerk or the city license collector such license or licenses as may be provided for the carrying on of business in the city. (Prior code § 6-A.8)

§ 5.16.090. Applicability of Sections 5.16.030 and 5.16.100 to disabled honorably discharged soldiers, sailors, etc., farmers, etc., selling own produce and persons soliciting for personal services.

The provisions of Sections 5.16.030 and 5.16.100 shall not apply to any disabled honorably discharged soldier, sailor or marine of the United States, or who has been released from active duty under honorable conditions from such service, and a license shall be issued to such soldier, sailor or

marine, without cost on proof of the bona fide right of such applicant to a license under the provisions of this section, nor shall Sections 5.16.030 and 5.16.100 apply to students of elementary or secondary schools in the city or to members or representatives of local, civic, social, religious, charitable or service clubs or organizations, organized and existing in the city.

The provisions of Sections 5.16.030 and 5.16.100 shall not apply to the following:

• A. Any farmer, poultryman or horticulturist soliciting or peddling his or her own produce. This exemption shall apply only to natural persons and shall not apply to farmers, poultrymen or horticulturists who buy goods for resale, as well as selling their own produce.

• B. Any person soliciting for personal services to be completely performed by the person so soliciting at the place of solicitation. This exemption shall apply only to natural persons.

• (Prior code § 6-A.9)

The chief of police shall issue a badge to each permittee at the time of the delivery of the permit, which badge shall contain the words "Solicitor's Permit," and a number on the permit commencing with P.1, and the permittee shall wear the same constantly on the front of his or her outer garments in such a way as to be conspicuous while soliciting. (Prior code § 6-A.10)

It is unlawful for any person to peddle or solicit before the hour of nine a.m. of any day, or after the hour of five p.m. of any day. (Prior code § 6-A.11)

It is unlawful for any peddler or solicitor or any person pretending to be a peddler or solicitor for the purpose of peddling or soliciting or pretending to peddle or solicit to ring the bell or knock at any building whereon there is painted, affixed or otherwise displayed to public view any sign containing any or all of the following words: "No Peddlers," "No Solicitors," or "No Agents" or which otherwise purports to prohibit peddling or soliciting on the premises. (Prior code § 6-A.12)

The provisions of this chapter shall not apply to salespeople or agents for wholesale houses or firms, who solicit orders from or sell to retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies. (Prior code § 6-A.13)