Woodlake Municipal Code Ch. 5.32 Peddlers and Solicitors

"Peddle," "peddler" and "peddling" shall mean for the purposes of this chapter: any individual or person, not having an established place of business in the city, who, for themselves or as an agent for another travels either by automobile, motor truck, bicycle, motorcycle other conveyance that is pushed, pulled, carried, or otherwise transported by a motor vehicle any other type of motorized conveyance and who goes from place to place or from street to street or who by telephonic communication, hawking or selling any goods, wares or merchandise, including liquids or edibles for human consumption, offers for sale or sells subscriptions for newspapers, magazines, periodicals, books and publications or takes orders for the sale of goods, wares and merchandise and other personal property of every nature whatsoever for current or future delivery or for services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether or not has collected advance payments on such sales; from or on a roadway or other part of the public right-of-way designated and used primarily for vehicular travel, or on any private property without the permission of the owner or other person in possession and control of the property provided, however, that this definition shall not include any individual or person attempting to sell subscriptions for any newspaper regularly circulated within the city; provided further, however, that this definition shall not include persons who call upon retail and wholesale businesses doing business within the city; provided further, that such definition shall not include any person or individual who calls upon prospective customers in the place of business or office in which the customer conducts his business or profession; provided further, that this definition shall not include any student under the age of eighteen (18) years enrolled in a public school in the city; provided further, that this definition shall not include any veteran described in Section 16001 and 16001.5 of the Business and Profession Code of the state of California.

"Canvasser" or "solicitor" is defined as any individual or person, not having an established place of business in the city, who, for himself or as agent for another, travels either by foot, wagon, automobile, motor truck, bicycle, motorcycle or any other type of conveyance and who goes from place to place or from house to house or from street to street or by telephonic communication, canvasses or solicits orders or subscriptions for selling or disposing of newspapers, magazines, periodicals, books and publications or who makes appointments for the exhibition or demonstration of merchandise of any kind or solicits orders for the sale of the same or takes orders for the sale of goods, wares and merchandise and other personal property of any nature for present or future delivery or for services to be furnished or performed at the present time or in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided, that this definition shall not include persons who call upon retail and wholesale businesses doing business within the city; provided further, that such definition shall not include any person or individual who calls upon prospective customers in the place of business or office in which the customer conducts his business or profession; provided further, that this definition shall not include any student under the age of eighteen (18) years enrolled in a public school in the city; provided further, that this definition shall not include any veteran described in Section 16001 and 16001.5 of the Business and Professions Code of the state of California.

(Ord. 499 § 1, 1995)

(Ord. No. 623, § 2, 1-13-2020)

A. It is unlawful for any person, firm or corporation to engage in any of the businesses or activities described in Section 5.32.010 for the purpose of procuring subscriptions for or taking orders for or making appointments for the exhibition or demonstration of products or selling any newspapers, magazines, periodicals, books, publications or selling or attempting to take orders for the sale of goods, wares and merchandise and other personal property of any kind whatsoever for future or present delivery or for services to be presently furnished or furnished or performed in the future within the city limits without first having obtained a license therefore in accordance with the provisions of this chapter.

B. The license required by this chapter is in addition to the business license required by Ordinance 393 of the city.

(Ord. 499 § 2, 1995)

Applicants for a peddler's, canvasser's or solicitor's license under this chapter must file with the city clerk a sworn application in writing, in duplicate, on a form furnished by the city clerk which shall contain the following information:

A. Name and description of the applicant;

B. Permanent home address and full local address of the applicant;

C. A brief description of the nature of the business and the goods to be sold;

D. If employed, the name and address of the employer, together with credentials establishing the exact relationship;

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

F. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time such application is filed, and the proposed method of delivery;

G. A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture 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 the names of at least two reliable property owners of the county who will certify as to the applicant's good character and business respectability, or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant that will enable an investigator to properly evaluate such character and business responsibility;

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

J. A description and license number of any vehicle to be used by the licensee in his activities in the city.

(Ord. 499 § 3, 1995)

At the time of filing the application, a fee of twenty-five dollars ($25.00) or such other fee as may be fixed by resolution from time to time by the city council, shall be paid to the city clerk to cover the cost of processing the application, taking the required fingerprints and investigation of the facts therein stated.

(Ord. 499 § 4, 1995)

A. Upon receipt of such application, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

B. The chief of police shall have a period of thirty (30) days within which to make his investigation and report.

(Ord. 499 § 5, 1995)

If as a result of the investigation required in Section 5.32.050, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the same, and return such application to the city clerk, who shall notify the applicant that his application is disapproved and that no license will be issued.

(Ord. 499 § 6, 1995)

If as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, execute a license addressed to the applicant for the carrying on of the business applied for and return such license, along with the application to the city clerk who shall countersign the license and who shall deliver to the applicant his license. Such license shall contain the signature and seal of the issuing officer and show the name, address and photograph of such solicitor, canvasser or peddler and the kind of goods to be offered thereunder, the date of issuance and the length of time the same shall be operating, as well as the license number and other identifying description of any vehicle used in such peddling, soliciting, canvassing. The clerk shall keep a permanent record of all licenses issued. No license shall be issued for a longer period of time than one year from the date of issuance.

(Ord. 499 § 7, 1995)

All licensees must exhibit their license upon demand of any prospective customer or any occupant of a dwelling house in the city.

Peddlers, canvassers and solicitors may exercise the rights under a license provided for in this chapter only during the hours of nine a.m. and four p.m. local time.

(Ord. 499 § 8, 1995)

Any license issued under the provisions of this chapter may be revoked by the city clerk or chief of police after notice and hearing for any of the following causes:

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

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

C. Any violation of this chapter or any violation of Section 17500.3 of the Business and Professions Code of the state of California;

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

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

(Ord. 499 § 9, 1995)

Any person aggrieved by action by the chief of police or the city clerk in the denial of a license as provided in Section 5.32.060 or a revocation of any license issued, shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for hearing on such appeal and notice of such hearing shall be given by mailing notice of the time and place for hearing the appeal postage prepaid to the applicant or permittee at his last known address at least five days prior to the date set for hearing. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 499 § 10, 1995)

It shall be the duty of any police officer of the city to require any person seen soliciting, canvassing or peddling, and who is not known by such officer to possess a valid unrevoked license, to produce his solicitor's, canvasser's or peddler's license and to enforce the provisions of this chapter against any person found to be violating the same.

The chief of police shall report to the city clerk all convictions for violation of this chapter and the city clerk shall maintain a record of the reports of violation therein.

(Ord. 499 § 11, 1995)

A violation of this chapter is not punishable as an infraction or misdemeanor, a violation of this Chapter is punishable only by an administrative fine. Any person who violates any provisions of any ordinance enacted by the city, as amended from time to time, or any person who owns property upon which a violation exists, irrespective of whether that person caused the violation, shall be subject to an administrative fine or penalty up to the maximum amounts set forth by Woodlake Municipal Code Chapter 1.12.070.

Persons cited for violating this chapter may request an administrative appeal hearing as permitted by Woodlake Municipal Code Section 1.12.120.

(Ord. 499 § 12, 1995)

(Ord. No. 623, § 2, 1-13-2020)