§ 19.56

The purpose of this Chapter is to establish standards and a permit process for the regulation of transient selling, peddling, and soliciting activities in the City. This Chapter shall not apply to sidewalk vending

activities, which are subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit), or mobile food truck vending activities, which are subject to the provisions of Chapter 19.57 (Mobile Food Truck Vending Permit).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Please refer to Chapter 19.06 (Definitions) of this Code for definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Permit Required. No person shall engage in any transient selling, peddling, or soliciting activities within the City without first applying for and receiving a permit from the Community Development Director, or his or her designee, in accordance with this Chapter, except for the following:

1.

All religious, nonprofit and charitable organizations shall be exempt from the requirements of this Chapter, provided a copy of the "Solicitation and Sale for Charitable Purposes Card" and a copy of the information requested by California Business and Professions Code Section 17510.3 is filed with the City's Planning Department.

2.

Sidewalk vending activities subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit).

3.

Mobile food truck vending activities subject to the provisions of Chapter 19.57 (Mobile Food Truck Vending Permit).

4.

Any temporary fair, show, or exhibition of arts, crafts or similar handiwork subject to the provisions of Chapter 19.110 (Farmers Market Uses), or citywide celebrations, observances or special events, or a separate event approved under a Conditional Use Permit, Temporary Use Permit or Administrative Use Permit, such as an annual sidewalk or parking lot sale, shall be exempt from this Chapter.

5.

Yard and garage sales (not exceeding four per year at one location) shall be exempt from the provisions of this Chapter.

6.

The terms of this Chapter do not include the acts of persons selling personal property at wholesale to dealers, nor to paper carriers, nor to the acts of merchants or their employees engaged solely in the act of transporting for delivery merchandise preordered from said business via the phone, Internet or at the licensed business in the regular course of business. Ancillary soliciting or peddling activities shall not be allowed prior to or following the delivery of said preordered merchandise unless in conformance to all provisions of this Chapter. Nothing contained in this Chapter prohibits any sale required by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.

7.

Vendors, merchants, exhibitors and salesmen who exhibit, demonstrate or solicit orders for goods or merchandise in conjunction with, and as part of, the organized program of conventions, professional meetings, trade association meetings, seminars or other similar meetings held at hotels, motels or public or private meeting areas in the City shall be exempt from the provisions of this Chapter.

8.

Any person having a fixed place of business in the City, for which a valid Business License is held, shall not be required to obtain a permit for transient selling, peddling, or soliciting activities issued under this Chapter provided that such activity is related to or for the benefit of such place of business and is located upon the same premises as the licensed business.

9.

Any commercial traveler whose business is limited to merchandise sold at wholesale to local retailers.

10.

Any persons engaged in solicitation for the benefit of a political candidate or otherwise engaged in any activity protected by the First Amendment of the Constitution.

B.

Business License Required. No person shall engage in any transient selling, peddling, or soliciting activities within the City without first applying for and receiving a valid business license issued by the City.

C.

Application Required. An application for a Transient Selling, Peddling, and Soliciting permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees).

D.

Permit Fees. Each application for a permit issued under this Chapter shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application.

A discount of 50 percent shall be applied to the permit fee for the issuance of a permit to the following:

a)

Any person who is physically disabled or blind. (A physician's statement certifying the applicant's condition shall be submitted with the application.)

2.

A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:

a)

As provided under the California Business and Professions Code, Section 16102: "Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore."

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

The Community Development Director, or his or her designee, is authorized to approve or deny applications for a permit issued under this Chapter, as set forth herein:

1.

The applicant has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter.

2.

The applicant has not had a permit revoked within the past 12 months.

3.

The applicant's application contains all required information.

4.

The applicant has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;

5.

The applicant has satisfied all the requirements of this Chapter.

6.

The applicant has paid all applicable fees as set by City Council resolution.

7.

The applicant's proposed activities conform to the requirements of this Chapter.

8.

The applicant has satisfactorily provided all information requested by the Community Development Director to consider the applicant's application.

9.

The permittee shall inform the City in writing of any change in the information listed on the permit application.

10.

Transient selling activities on any private property requires the express written consent of the owner.

B.

Permits issued under this Chapter are non-transferrable.

C.

All permits issued under this Chapter shall be issued for a period of one year, subject to the applicable requirements of this Chapter and shall be renewable for successive periods of one year upon the payment of the annual permit fee.

D.

The permit issued to a successful applicant shall contain the signature of the Community Development Director, the type of permit issued, the kind of goods to be sold there under, the date of issuance and the expiration date.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

All permittees are subject to the following operating conditions when conducting transient selling, peddling, and soliciting activities:

A.

Permits issued under this Chapter for transient sellers may be used for a period not to exceed 90 days total within any 12-month period. Permits under this Chapter for peddling and soliciting may be used for a

period not to exceed 180 days within any 12-month period.

B.

If operating from a fixed location, a restroom facility shall be available on-site.

C.

A permit will authorize the permittee to sell, peddle, or solicit only at the location(s) specified and only during the time(s) designated in the application.

D.

The conduct of the transient selling, peddling, or soliciting activities shall not interfere with the free flow of vehicular or pedestrian traffic.

E.

The permittee and all agents of the permittee engaging in the activity shall carry a copy of the permit, which is issued as a letter, on his/her person at all times while engaged in the peddling, transient selling, or soliciting activity, and shall present it upon request by any authorized officer or inspector.

F.

Nothing within the content of this Code shall prohibit or preclude a property owner (whether a business or residential property) from requesting that any permittee engaging in the peddling or soliciting activity immediately leave their premises.

G.

The conduct of the applicant shall not unduly interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare.

H.

The conduct of the applicant shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the permittee.

I.

The conduct of the applicant's activity shall not constitute a fire hazard, and all proper safety precautions will be taken.

J.

The conduct of the applicant's activity shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

All permittees shall comply with all operating conditions, including those conditions set forth in Section 19.56.050.

B.

Permittees shall not engage in any of the following activities:

1.

Selling of adult-oriented material, cannabis, tobacco, or alcohol.

2.

It shall be unlawful for any person, regardless of age, to peddle, solicit, or conduct transient selling activities between the hours of 8:00 p.m. and 8:00 a.m.

3.

All permittees are prohibited from using any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to goods, services, or merchandise offered for sale.

4.

Knowingly making false statements or misrepresentations during the course of offering goods, services, or merchandise for sale.

5.

Blocking or impeding the path of the person(s) being offered goods, services, or merchandise to purchase.

6.

Making any statements, gesture, or other communication which a reasonable person in the situation of the person(s) being offered goods, services, or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out.

7.

Touching the person(s) being offered to purchase goods, services, or merchandise without that person(s)' consent.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

19.56.070 - Appeals

A.

If the Community Development Director refuses to issue a permit pursuant to the provisions of this Chapter, the applicant may appeal the refusal to the Planning Commission. If the Planning Commission refuses to issue a permit pursuant to the provisions of this Chapter, the applicant may appeal the refusal to the City Council.

B.

Any appeal of any decision regarding a permit issued under this Chapter shall be filed in accordance with Chapter 19.28.120 (Appeals) of this Code.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Conduct of any peddling, transient selling, or soliciting activity by persons not obtaining a permit shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors. Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

B.

Fees for revoked permits are not refunded.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Chapter 19.57 - Mobile Food Truck Vending Permit