Willits Municipal Code Ch. 5.32 Solicitors

It is unlawful for any person to engage in the business of a solicitor within the city without first obtaining a permit therefor as provided herein.

(Ord. 87-4 Exh. A (part)).

Applicants for permits under this chapter must file with the city clerk a sworn application in writing (in duplicate) on a form to be furnished by the city clerk which shall give the following information:

A. Name and description of the 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 and, in the case of products of farm or orchard, whether produced or grown by the applicant;

D. If employed, the name and address of the employer, and the capacity in which the applicant is employed;

E. The length of time and hours of the day for which the right to do business is desired;

F. If a vehicle is to be used, a description of the same together with license number and other means of identification;

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

H. The fingerprints of the applicant; and

I. A statement as to whether or not the applicant has been convicted of any crime, including violation of any municipal ordinance, the nature of the offense and the punishment or penalty imposed.

(Ord. 87-4 Exh. A (part)).

The application and any renewal application shall be accompanied by a fee in such amount or amounts, as designated by the city council by resolution, to cover administrative costs. No part of such fees shall be refunded whether such permit is issued or not.

(Ord. 87-4 Exh. A (part)).

Upon receipt of such application, the chief of police shall make an investigation of the applicant's business and moral character as is deemed necessary for the protection of the public welfare.

(Ord. 87-4 Exh. A (part)).

No permit shall be issued if the chief of police finds the applicant's character or business responsibility to be unsatisfactory. The chief of police shall state his reason for denial and the applicant shall be notified that his application is disapproved.

(Ord. 87-4 Exh. A (part)).

If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, a permit shall be issued to the applicant upon payment of the license fee set forth in Section 5.32.080. Such permit shall contain the signature and seal of the issuing officer and shall show the name, address, and photograph of the permittee, the class of permit issued and the kind of goods to be sold thereunder, the date of issuance, and the length of time (not to exceed one year) the same shall be operative, the hours during which the permit is valid, as well as the license number and other identifying description of any vehicle, if any, used in such business. The city clerk shall keep a permanent record of all permits issued. Permits shall be renewed annually upon payment of the renewal fee and business license fee.

(Ord. 87-4 Exh. A (part)).

The chief of police or his/her designee shall issue to each permittee at the time of delivery of his/her permit such identification card and vehicle placard as deemed necessary by the city clerk. Identification cards shall be worn by the permittee and shall be exhibited to any police officer or other authorized city official on demand and to any person upon whom such solicitor shall call. Placards shall be displayed on the dashboard of each vehicle used by the permittee (except in case of motorcycle or trailer, then in the most conspicuous place on such vehicle).

(Ord. 89-11 §2).

No identification card or vehicle placard issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued.

(Ord. 89-11 §3).

Permits issued under the provisions of this chapter may be revoked by the city clerk after notice and hearing, for any of the following causes:

A. Fraud, misrepresentation, or false statement contained in the application;

B. Fraud, misrepresentation, or false statement made in the course of carrying on the business of the solicitor;

C. Any violation of any provision of this code;

D. Conviction of any crime or misdemeanor involving moral turpitude; or

E. Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or constitute a menace to the health, safety or general welfare of the public.

(Ord. 87-4 Exh. A (part)).

Notice of the hearing for revocation of a permit shall be given in writing, setting forth specifically the basis for revocation and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee at his/her last known address at least five days prior to the date set for hearing.

(Ord. 87-4 Exh. A (part)).

Any person who has been denied a permit or who has his/her permit revoked may appeal, in writing, to the executive coordinator within seven calendar days of such denial or revocation. The decision and order of the executive coordinator on such appeal shall be final and conclusive.

(Ord. 87-4 Exh. A (part)).

Persons regularly calling on persons, firms or corporations who possess valid business licenses issued by other cities, counties, or city and county to transact business within the state of California shall be exempt from the provisions of this chapter.

(Ord. 87-4 Exh. A (part)).

The provisions of this chapter shall not apply to the solicitation of subscriptions or advertising for, or sale of, newspapers, magazines or other periodicals published for the dissemination of news and intelligence of a general character and printed or published at regular intervals.

(Ord. 87-4 Exh. A (part)).

Every person carrying on the business of solicitor who is not exempt from the provisions of this chapter shall pay as a license fee the sum prescribed in Chapter 5.04 of this code in addition to the application fee provided in this chapter.

(Ord. 87-4 Exh. A (part)).

No permittee or anyone in his/her behalf shall shout, make any outcry, blow a horn, ring a bell, or use any other sound device including any loudspeaking radio or amplifying system upon any of the streets, alleys, parks, or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys, or parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such permittee proposes to sell.

(Ord. 87-4 Exh. A (part)).

No solicitor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location or be permitted to operate in any congested area where his/her operations might impede or inconvenience the public.

(Ord. 87-4 Exh. A (part)).

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.

(Ord. 87-4 Exh. A (part)).

None of the fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a solicitor to place an undue burden upon such commerce, he/she may apply to the executive coordinator for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed fee. The applicant shall, by affidavit and supporting testimony, show his/her method of business and the gross volume or estimated gross volume of business and such other information as the executive coordinator may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The executive coordinator shall then conduct an investigation, comparing applicant's business with other business of like nature and shall make findings of fact from which he/she shall determine whether the fee is unfair, unreasonable, or discriminatory as to the applicant's business and shall fix as the business license fee for the applicant, an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed. In fixing the fee to be charged, the executive coordinator shall have the power to base the fee upon a percentage of gross sales, or any other method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by the provisions of this chapter. Should the executive coordinator determine the gross measure of the fee to be the fair basis, he/she may require the applicant to submit, either at the time of termination of the applicant's business in the city or at the end of each three month period, a sworn statement of the gross sales and pay the amount of fee therefrom provided that no additional fee during any one calendar year shall be required after the permittee shall have paid an amount equal to the annual business license as prescribed in the provisions of this chapter. Any person aggrieved by the action of the executive coordinator may appeal to the city council.

(Ord. 87-4 Exh. A (part)).