Sutter County Municipal Code Ch. 210 Solicitors, Canvassers, Peddlers & Merchants

It shall be unlawful for any person to engage in the activity of solicitor, canvasser or peddler within the unincorporated area of Sutter County without first obtaining a permit therefor as herein provided.

(Ord. 287, Sec. 1; Mar. 22, 1965)

A solicitor, canvasser or peddler is:

(a) Any person traveling from place to place for the purpose of taking or attempting to take orders, subscriptions or contracts for the sale of goods, wares, merchandise or services for present or future delivery, or

(b) A person who solicits funds for any charitable, fraternal, veterans or religious organization.

(Ord. 287, Sec. 2(a), (b); Mar. 22, 1965)

This Chapter shall not apply to:

(a) Persons soliciting orders from or selling to retail dealers for resale or to manufacturers for processing, or

(b) Public agencies, or

(c) A charitable, veterans, fraternal or religious organization having a permanent office in the County of Sutter for a period of one year immediately preceding the act of sale or solicitation, or

(d) Persons regulated and required to be licensed by the State of California or any agency thereof, while such persons are actually engaged in the activity for which such license is required.

(Ord. 287, Sec. 3(a)—(d); Mar. 22, 1965)

Application for the permit herein required shall be by an application under oath in writing on a form to be provided by the Sheriff of Sutter County, which shall state the following information material:

(a) Name and description of the applicant.

(b) Permanent home and local address of applicant.

(c) Brief description of the nature of the business and the goods to be sold, or the purpose of solicitation of funds.

(d) If applicant is the employee of another, the name and address of said employer.

(e) One photo identification, such as a driver's license photo.

(f) A statement of the arrest record of applicant, if any.

([287] Ord. 1378, Sec. 1; Feb. 17, 2004)

Upon receipt of such application in proper form, the payment of the sum of forty-two dollars ($42.00) per year, or twenty-one dollars ($21.00) for six months, and complete a Release and Waiver form and receipt of ten dollars ($10.00) for notary, and completion of the investigation showing that the applicant is of good moral character and has not been convicted of any felony or of any crime of moral turpitude and has made no false statement on the application, the Sheriff shall deliver the permit to the applicant. The permit shall show such information as shall show compliance with this chapter and be valid for a period of one year or six months, as the case may be, in accordance with the permit fee period.

All fees herein required shall be paid to the County of Sutter, and receipt therefor presented to the applicant.

([287] Ord. 1378, Sec. 2; Feb. 17, 2004)

Every soldier, sailor or marine of the United States, who has received an honorable discharge or has been released from active duty with his branch of service, under honorable conditions, and who shall apply for a permit as required by this Chapter, shall be issued such permit without payment of the fee prescribed in Section 210-050 herein. Such veteran shall be subject to all other requirements and conditions of this Chapter without exception. Such exception shall not apply to any member of the veteran's family, to his employee or his agents.

(Ord. 287, Sec. 6; Mar. 22, 1965)

Soliciting shall be limited to the hours between 9:00 A.M. and 6:00 P.M., Monday through Saturday. Soliciting at other times is prohibited.

(Ord. 287, Sec. 7; Mar. 22, 1965)

The Sheriff may revoke a permit herein granted upon finding by the Sheriff of: (1) the violation of this Chapter, or (2) any fact that, if known, would have prevented the issuance of the permit.

(Ord. 287, Sec. 8; Mar. 22, 1965)

The permit shall not be transferred to or used by any person other than the applicant.

(Ord. 287, Sec. 9; Mar. 22, 1965)

No person, firm or corporation shall conduct business of solicitation or sale of merchandise outside of a permanent building until the permit hereinabove required shall first be obtained.

([287] Ord. 1378, Sec. 3; Feb. 17, 2004)

Any person aggrieved by the action of the Sheriff in the granting, withholding or revocation of a permit, shall have the right to appeal such determination to the Board of Supervisors. Such appeal shall be taken by filing with the County Clerk of Sutter County, within 15 days after notice of action by the Sheriff, a written statement appealing from such action and stating the ground therefor. The Clerk of the Board of Supervisors shall set a time and place for a hearing on such appeal and notice thereof shall be given to the appellant in writing at least ten days prior to such hearing.

(Ord. 287, Sec. 11; Mar. 1965)

The permit herein issued shall be in the possession of the applicant at all times that applicant shall be engaged in the activities herein referred to and shall be displayed upon request of any person.

(Ord. 287, Sec. 12; Mar. 22, 1965)

The Sheriff of Sutter County shall enforce the provisions of this Chapter.

(Ord. 287, Sec. 13; Mar. 22, 1965)

Every person found violating any provision of this Chapter shall be guilty of a misdemeanor and punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment in the Sutter County Jail not exceeding six months, or by both such fine and imprisonment.

(Ord. 287, Sec. 14; Mar. 22, 1965)

The provisions of this Chapter are declared to be severable; and if any section, sentence, clause or phrase of this Chapter shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Chapter, but they shall remain in effect, it being the legislative intent that this Chapter shall stand notwithstanding the validity of any part.

(Ord. 287, Sec. 15; Mar. 22, 1965)