Article 3 — Peddlers, Solicitors, and Telephone Solicitors

Footnotes: --- (2) ---

Editor's note— Ord. No. 4427, § 1, adopted March 22, 2011, repealed the former Art. 3, §§ 2341—2354. Section 2 of said ordinance enacted a new Art. 3 as set out herein. The former Art. 3 pertained to peddlers, itinerant merchants and solicitors and derived from Ord. No. 2449, adopted April 27, 1971.

2341 - License required.

It shall be unlawful for any person, whether a resident of Ventura County or not, or whether the person maintains or is employed at an established place of business or not, to engage in the County of Ventura in the business of peddler, solicitor, or telephone solicitor without first obtaining a license therefore.

(Ord. No. 4427, § 2, 3-22-2011; Ord. No. 4629, § 2, 4-9-2024)

2341-1 - Exemptions.

Section 2341 shall not apply to the following persons:

(a)

Vehicle Operators. An employee who operates a vehicle owned by his or her employer if the employer engages in business by selling and delivering products from two (2) or more vehicles used in his or her trade, and the employee personally appears before the Sheriff and:

(1)

Submits to the Sheriff such information as the Sheriff shall require;

(2)

Is fingerprinted and photographed by the Sheriff;

(3)

Obtains an identification card from the Sheriff containing such information as the Sheriff shall require;

(4)

Carries the identification card on his or her person at all times that he or she is engaged in the business of his employer; and

(5)

Exhibits the identification card whenever requested to do so by a law enforcement officer, or any person with whom he or she is engaged in selling or soliciting.

(b)

Wholesalers. Persons peddling to or soliciting of established places of business.

(c)

Invitees. Persons invited to call upon private residences by the owner or occupant thereof for the purpose of conducting the business of peddler, solicitor, or telephone solicitor.

(d)

Volunteers. Persons who engage in the business of peddler, solicitor, or telephone solicitor without compensation of any kind for a nonprofit organization at a fixed location, provided that all of the following are true:

(1)

An officer of the nonprofit organization has been issued a license under this Article,

(2)

The volunteer was named in the application for that license, as required by Section 2343(g),

(3)

The volunteer has in his or her immediate possession a copy of that license at all times he or she is engaged in the business of peddler, solicitor, or telephone solicitor, and

(4)

The volunteer's name appears on that license, and

(5)

The volunteer exhibits the license upon request by any person.

(e)

Sidewalk Vendors. Persons engaged in sidewalk vending as defined and regulated by Division 2, Chapter 6 of the Ventura County Ordinance Code.

(Ord. No. 4427, § 2, 3-22-2011; Ord. No. 4629, § 2, 4-9-2024)

2342 - Definitions. 2342-1 - Peddler.

"Peddler" means any person who travels from place to place or temporarily occupies a stand or structure in the doorway of any privately owned or controlled room or building, or upon any privately owned or controlled lot or parcel of land, who sells or offers for sale any goods, wares, merchandise, or product, of any nature or description, in his or her possession.

(Ord. No. 4427, § 2, 3-22-2011; Ord. No. 4629, § 2, 4-9-2024)

2342-2 - Solicitor.

"Solicitor" means any person who, for himself or as an agent of another, travels from place to place for the purpose of soliciting orders or subscriptions for any goods, wares, merchandise, or product, of any nature or description, for future or concurrent delivery, or any service to be furnished or performed in the future, whether or not the person has any such item in his or her possession, whether or not payment is collected at the time the order or subscription is taken.

(Ord. No. 4427, § 2, 3-22-2011)

2342-3 - Telephone solicitor.

"Telephone solicitor" means any person who by use of a telephone or any electronic communication device makes contact with owners or occupants of private residences for the purpose of soliciting orders or subscriptions for any goods, wares, merchandise, or product, of any nature or description, for future or concurrent delivery, or for any service to be furnished or performed in the future, whether or not the person has any such item in his or her possession, whether or not payment is collected at the time the order or subscription is taken.

(Ord. No. 4427, § 2, 3-22-2011)

2342-4 - Electronic communication device.

"Electronic communication device" shall have the same meaning as that found in California Penal Code Section 653m.

(Ord. No. 4427, § 2, 3-22-2011)

2342-5 - Nonprofit organization.

"Nonprofit organization" means an organization described by Title 26, United States Code, Section 501(c).

(Ord. No. 4427, § 2, 3-22-2011)

2343 - Application.

Any person desiring to obtain a license required by this Article shall appear personally before the Sheriff and make a written application to the Sheriff therefore, stating in addition to the information required by Section 2113-2 the following information:

(a)

The name and description of the applicant.

(b)

The permanent home address and full local address of the applicant.

(c)

The nature of the business to be conducted.

(d)

The name and address of the employer, if any.

(e)

A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefore, exclusive of the city or county traffic ordinance violations and violations of the Vehicle Code not constituting a felony.

(f)

A statement as to the number of vehicles used in his trade and from which the applicant's products are sold and delivered.

(g)

If the applicant is an officer of a nonprofit organization, the name, address, and physical description of each volunteer other than the applicant who will engage in the activities described by Section 2341 on behalf of that nonprofit organization.

(Ord. No. 4427, § 2, 3-22-2011)

2344 - Photographs and fingerprints.

Each applicant shall be photographed and fingerprinted by the Sheriff's Department.

(Ord. No. 4427, § 2, 3-22-2011)

2345 - Approval.

If the Sheriff finds that the application provided for in Section 2343 complies with all the requirements of this Article he shall approve the application.

(Ord. No. 4427, § 2, 3-22-2011)

2346 - Contents of license.

The form of any license required by this Article shall contain, in addition to the information required in Section 2113-2, the name of each person or company for whom the licensee will act or work, and, if the licensee is an officer of a nonprofit organization, the name and residence address of any volunteer who will perform the licensed business activity.

(Ord. No. 4427, § 2, 3-22-2011)

2347 - Fees.

The fee for obtaining any license required by this Article is ten dollars ($10.00) per year.

(Ord. No. 4427, § 2, 3-22-2011)

2348 - Subsequent license.

One license may be obtained by any person engaging in one or more of the businesses covered by Section 2341, irrespective of the number of bona fide employers designated by the applicant for the license. A licensee may not engage in any business not designated in the license application and may not engage in any business for an employer not designated in the license application unless and until he obtains another license for that business or employer.

(Ord. No. 4427, § 2, 3-22-2011)

2349 - Exhibiting licenses.

The license shall be exhibited by the licensee whenever requested by a law enforcement officer or any person with whom the licensee is engaged in soliciting or selling.

(Ord. No. 4427, § 2, 3-22-2011)

2350 - Reserved 2351 - Void issuance.

A license is void from the date of issuance if any statement or information submitted by the applicant pursuant to Section 2343 is totally or partially untrue.

Any violation of this Article shall be sufficient grounds for revocation or denial of any license.

(Ord. No. 4427, § 2, 3-22-2011)

2352 - Hours of privacy.

It shall be unlawful for any person, whether or not licensed pursuant to this Article, to engage in the business of peddler, solicitor, or telephone solicitor between the hours of 9 o'clock p.m. to 7 o'clock a.m., except upon invitation of the customer or as otherwise authorized by the Sheriff's Department as described in the license.

(Ord. No. 4427, § 2, 3-22-2011)

2353 - Location.

It shall be unlawful for any person, whether or not licensed pursuant to this Article to go to or enter an area within one-quarter (¼) mile of any public or private school that provides instruction in kindergarten or grades 1—12, inclusive, between the hours of 8 o'clock a.m. and 4 o'clock p.m. on days that school is in session for the purposes of engaging in the business of peddler, solicitor, or telephone solicitor.

The prohibition of this section shall not apply to any person invited to call at the school by the principal of the school or other authorized person thereof, nor shall it apply to any person engaged in a business not having a special attraction for children of school age.

(Ord. No. 4427, § 2, 3-22-2011)

2354 - Fraud

It shall be unlawful for any person engaged in the business of peddler, solicitor, or telephone solicitor to make or perpetrate any misstatement, deception, or fraud in connection with any sale or solicitation for orders or subscriptions.

(Ord. No. 4427, § 2, 3-22-2011)

2355 - Vehicle tags.

Any applicant for a license required by Section 2341 who engages in business by selling or delivering his products from two or more vehicles used in his trade shall obtain a vehicle tag or sticker for each vehicle used in his business. At the time the license is issued the Tax Collector shall issue also an appropriate metallic tag or gummed sticker for each vehicle owned or operated by such person and used by him in his business. The fee for each such tag or sticker is ten dollars ($10.00) annually. The fee required by this section is in lieu of the fee required by Section 2347.

(Ord. No. 4427, § 2, 3-22-2011)