Tuolumne County Municipal Code Ch. 5.08 Itinerant Vendors

Sections:

• 5.08.010

• Definitions.

• 5.08.020

• Permit-Required.

• 5.08.030

• Permit-Application.

• 5.08.040

• Permit-Issuance-Fee.

• 5.08.050

• Permit-Nontransferable.

• 5.08.060

• Permit-Inspection.

• 5.08.070

• Revocation or suspension of permit.

• 5.08.080

• Exemptions from chapter.

• 5.08.090

• Engaging in business upon streets and highways prohibited.

chapter:

A. "Established place of business" means a fixed place, location or building, owned by the person who uses such place, location or building as his/her permanent place of business, or rented or leased by the user on a yearly or monthly basis as his/her place of business.

B. "Itinerant vendor" means any person who has no established place of business in this county and who goes from place to place, or from door to door, or sets up a temporary stand or place, for the purpose of selling any goods, wares, or merchandise, or one who solicits orders for the sale of goods, wares, merchandise, or services to be delivered at some future time or date. (Ord. 1081 § 1, 1980; Ord, 600 § 1 (part), 1970; prior code § § 7-3.0, 7-3. 1).

in this chapter, it is unlawful for any itinerant vendor to engage in business in any unincorporated area of Tuolumne County, whether for himself or as agent or employee of some person, firm, corporation or association, without having procured from the sheriff a permit for such purpose. The sheriff is designated as agent of the board of supervisors for the purpose of issuing permits as provided in this chapter. (Ord.600§1(part),1970; prior code §7-3.2).

permit shall be made to the sheriff of this county. The application shall include the name of applicant, his/her address, his/her complete physical description and complete information regarding the goods, wares or merchandise which he/she intends to sell. The application shall also include the description and license numbers of any vehicles used in applicant's business. The application shall be accompanied by a recent photograph of applicant and his/her fingerprints. The applicant shall furnish a complete record of his/her arrests and convictions, if any, and indicate the penalties imposed for such convictions. If the applicant is other than self-employed, the application shall include the name and address of the person, firm or corporation by which he/she is employed, or which he/she represents, and the nature of the business carried on by such person, firm or corporation. (Ord. 600 § 1 (part), 1970; prior code § 7-3.3).

may delay the issuance of a permit for such time as is reasonably needed to verify the contents of the application. Upon verification, the sheriff shall issue a permit for which he/she shall collect a fee of twenty-five dollars for each calendar year. Such permit shall thereafter be renewable yearly upon payment, in advance, of the twenty- five-dollar fee. Where a fingerprint check is necessary, the cost of such check shall be assessed to the applicant as an addition to the fee for the permit. A soldier, sailor or marine who has received from the United States of America an honorable discharge or release from active duty under honorable conditions and who wishes to become an itinerant vendor is exempt from the fees required by this chapter; provided, however, that he/she is subject to all of the other provisions of this chapter and must obtain the permit provided for in this chapter. (Ord. 1081 § 2, 1980; Ord. 600 § 1 (part), 1970; prior code § 7-3.4).

issued under this chapter shall be transferable, and shall be used only by the person to whom it was issued. The permit shall show the name and description of the permittee, his/her address, the name and address of his/her principal, if any, and the nature of the business for which the permit was issued. The permit shall be signed by the permittee in ink and shall bear the impression of his/her right index finger. (Ord. 600 § 1 (part), 1980; prior code § 7-3.5).

issued a permit under this chapter shall, while engaged in the business for which issued, keep in his/her possession at all times his/her permit and shall, upon demand of any peace officer, exhibit such permit for inspection. The permittee shall also exhibit, upon request, his/her permit to any person to whom he/she sells, attempts to sell, or solicits to purchase for delivery at any future time, any goods, wares or merchandise. (Ord. 600 § 1 (part), 1970; prior code § 7-3.6).

The sheriff is authorized to revoke, or temporarily suspend, the permit of any person whenever it appears that the permittee has engaged in any unlawful business or activities. The permittee may appeal any such revocation or suspension to the board of supervisors who shall hold a hearing on the matter and shall affirm, modify or rescind such revocation or suspension. The permittee shall be given five days' written notice of such hearing and may appear and present evidence in his/her own behalf. The action of the board of supervisors shall be final. (Ord. 600 § 1 (part), 1970; prior code § 7-3.7).

provisions of this chapter shall not apply to the following;

A. Merchants having an established place of business in Tuolumne County and their employees and agents;

B. Wholesalers and their employees and agents calling upon retail business houses;

C. Farmers or ranchers selling products actually produced on their farms or ranches, where the sale or distribution of such products is made on the property where the products are produced;

D. Members of an organization, organized for charitable, religious or eleemosynary purposes, engaged in fund-raising activities for such organization, provided the proceeds from such activities do not inure to the benefit of any private person, firm, or corporation;

E. Persons soliciting orders for goods to be shipped from outside of the state. (Ord. 1081 §§ 3, 4, 1980; Ord. 600 § 1 (part), 1970; prior code § 7-3.8).

highways prohibited. Notwithstanding any other provision of this chapter, it is unlawful for any itinerant vendor to engage in business upon any of the streets, highways, or public thoroughfares within the unincorporated area of the county, except as follows:

a. Any merchant, his agent or employee operating a business pursuant to a Columbia Street Vendor permit issued pursuant to Chapter 5.10 of this ordinance code.

b. Any person participating in activities authorized by a Special Event Permit issued subject to Tuolumne County Ordinance No. 510 and Section 21101(e) of the California Vehicle Code. (Ord. 2215 § 1, 1997; Ord. 600 § 1 (part), 1970; prior code § 7-3.9).