Note: Prior history: Prior code § 16.9 as amended
by Ordinances 2512 and 2977.
The purpose of this chapter is to regulate individuals entering
upon private property, particularly private residential property,
for the purpose of peddling goods, wares, merchandise or services;
to protect the public against unlawful activities or operations by
individuals falsely representing themselves as peddlers or solicitors;
and to balance the rights and interests of those engaged in commercial
and nonprofit activities with the rights and interests of those who
do not want to be disturbed by such activities on their private property.
(Ord. 3099 § 1, 1994)
As used in this chapter:
means and includes the conducting, managing or carrying on
of any such business or helping therewith, by any person in any capacity.
means and includes any person who goes upon the premises
of any private residence or commercial establishment in the City,
not having been requested or invited by the occupant thereof, carrying,
conveying or transporting food, goods, wares, merchandise or other
personal property of any nature whatever, offering or exposing the
same for sale or making sales and delivering articles to purchasers.
"Peddler" means and includes the words "hawker," "huckster" and "itinerant
merchant."
means and includes the singular and the plural and also means
and includes any individual, firm, corporation, association, club,
partnership, joint venture, and any other organization.
means and includes any person who goes upon the premises
of any private residence or commercial establishment in the City,
not having been requested or invited by the occupant thereof, taking
or attempting to take subscriptions, contracts of sale, or orders
for the sale of food, goods, wares, merchandise or other personal
property of any nature whatever for future delivery, or for services
to be furnished or performed in the future, whether or not such person
has, carries or exposes for sale a sample of the subject of such sale
or whether he or she collects advance payments on such sales or not.
Solicitor includes persons soliciting funds or otherwise peddling
or soliciting for nonprofit religious, patriotic, philanthropic, social
service, welfare, benevolent, educational, civic, political, environmental,
or fraternal purposes at any location in the City limits whether on
public or private property. Solicitor does not include individuals
soliciting signatures for recalls, initiatives, or other petitions,
as well as individuals distributing non-profit religious, patriotic,
philanthropic, social service, welfare, benevolent, educational, civic,
political, environmental, or fraternal literature or "writings," as
defined in California Evidence Code Section 250.
(Ord. 3099 § 1, 1994)
It is unlawful for any person to engage in the business of peddler or solicitor, or to go from door to door or house to house or street to street for the purpose, direct or indirect, and whether or not the same is the sole purpose, of peddling or soliciting, without first obtaining a permit therefor as provided in this chapter, except as provided in Section 6-44.040.
(Ord. 3099 § 1, 1994)
The following persons and entities shall not be required to obtain the permit required by Section 6-44.030:
(A)
Persons
soliciting orders from, or selling to, retail dealers for use, or
for resale, or to manufacturers for processing;
(B)
Public
agencies;
(C)
Any
person operating a regular route not less than once a week for newspapers
or such goods as ice, egg, dairy or bakery products, or for laundry
or dry cleaning services;
(D)
Persons
delivering or soliciting for a newspaper of general circulation;
(E)
Persons
soliciting or peddling for charitable purpose, providing all of the
following conditions are satisfied:
(1)
That charitable purposes shall mean nonprofit religious, patriotic,
philanthropic, social service, welfare, benevolent, educational, civic,
political, environmental, or fraternal purposes;
(2)
That the persons who conduct such solicitations and sales represent
an organization engaged in the purposes enumerated in subsection (E)(1)
of this section and the organization is not conducted for profit;
(3)
That at least 15 days before the date of solicitation or sale, the
organization planning to solicit shall register with the Police Department
and furnish the following verified information: (1) name, address
and telephone number of the person registering the organization; (2)
address and telephone number of the headquarters of the organization;
(3) names, addresses, and telephone numbers of the person(s) in direct
charge of conducting the solicitations in Santa Rosa; (4) a description
of the solicitation activities to be carried out and the nature and
purpose of the organization; and (5) such other information as may
be reasonably required by the Chief of Police for the purpose of identifying
the organization and its agents, solicitors, and promoters.
(a)
Within 14 days of receipt of the registration and background information,
the Chief of Police shall issue a letter reflecting that the organization
has registered with the Police Department. The registration letter
shall remain valid for 12 months. The letter shall state the date
the registration expires. A charitable organization desiring to solicit
after the expiration of the 12-month period must renew its registration.
At the time of renewal it must provide such other information as may
be reasonably required by the Chief of Police for the purpose of identifying
the organization and its agents, solicitors, and promoters,
(b)
If a charitable organization uses solicitors not identified at the
time of the initial registration or renewal at any time within 12
months of the issuance of a registration letter, such identifying
information as may reasonably be required by the Chief of Police must
be submitted to the Police Department upon the request of the Police
Department,
(c)
Each solicitor connected with the solicitation shall carry a copy
of the letter showing registration of the charitable organization
with the Police Department on his or her person at all times during
such solicitation. The letter shall be exhibited to any person upon
request.
(F)
Real
estate agents licensed with the California Department of Real Estate.
(Ord. 3099 § 1, 1994)
Application for the permit required by this chapter or renewal
thereof shall be by declaration under penalty of perjury in writing
on a form to be provided by the Chief of Police. The applicant shall
give the following information and material:
(A)
Name,
birth date, driver's license or other identification number, social
security number, and description of the applicant;
(B)
Permanent
home address and telephone number, and local address and telephone
number of the applicant;
(C)
The
name and address of the applicant's business, his or her interest
in or relationship with such business, and if the applicant is employed,
the name and address of his or her employer together with credentials
establishing the exact relationship between the applicant and such
employer;
(D)
A
brief description of the nature of the applicant's business and of
the product or service to be peddled or solicited;
(E)
The
length of time for which the permit to peddle or solicit is desired;
(F)
A
statement whether or not the applicant has been convicted of any felony
or of any misdemeanor;
(G)
Two
photographs, two inches by one inch in size or similar, of the head
and shoulders of the applicant; and the applicant's fingerprints;
(H)
Proof
of possession of any license or permit which, under federal, state
or local laws or regulations, the applicant is required to have in
order to conduct the proposed business;
(I)
Any
other information as may be required by the Chief of Police for the
investigation of the application.
(Ord. 3099 § 1, 1994)
At the time of application for permit or renewal thereof, applicant
shall:
(A)
Pay
a non-refundable fee of an amount established by resolution of the
City Council to reimburse the City for the cost of processing the
application;
(Ord. 3099 § 1, 1994)
The Chief of Police shall issue a permit, valid for not more
than one year, to applicant unless it is determined that:
(A)
Applicant
has made a misrepresentation or false statement on the application;
(B)
Applicant
has been convicted of a felony or misdemeanor involving conduct which
indicates that the applicant will be a danger to the person or property
of members of the public;
(C)
The
activity proposed by applicant would be illegal.
|
Applicant shall be notified of the reasons for denial of a permit.
The permit shall be issued or denied within 30 days of the filing
of the application, or such shorter time as required upon a showing
of good cause by applicant.
|
(Ord. 3099 §1, 1994)
Any permit issued pursuant to this chapter may be revoked at
any time by the Chief of Police for any of the following reasons:
(A)
Fraud,
misrepresentation or false statement contained in the application
for a permit;
(B)
Fraud,
misrepresentation or false statement made in the course of carrying
on the activity authorized by such permit;
(C)
Violation
of any provision of this chapter;
(D)
Conducting
the activity authorized by the permit in an unlawful manner, or in
such a manner as to cause a breach of the peace or as to constitute
a menace to the health, safety, or general welfare of the public;
(E)
Conviction
of any felony or misdemeanor involving conduct which indicates that
permittee will be a danger to person or property of a member of the
public;
(F)
Finding
of any fact, that if known, would have prevented the issuance of the
permit;
(G)
Failure
to pay any judgment arising from or connected with the activities
authorized by the permit;
(H)
Revocation
or suspension of any required permits;
(Ord. 3099 § 1, 1994)
Peddlers and solicitors shall comply with the following:
(A)
Display.
Every applicant shall, at all times when engaged in peddling or soliciting
activities, wear an identification card supplied by the Chief of Police
attached to his or her clothing so that it is easily visible to persons
he or she deals with, and at all times carry the permit issued hereunder
and exhibit it on request to any person.
(B)
Activities
Creating Nuisance. No solicitor or peddler, in the course of activities
regulated in this chapter, shall create any public nuisance or disturb
the peace and quiet of the neighborhood by the use of loud noise,
brilliant lights, or any act offensive to the senses.
(C)
Restricted
Premises. No person shall peddle or solicit at any premises which
are posted with a clearly visible sign bearing the words "No Peddlers
or Solicitors" or words of the same import.
(D)
Hours
of Operation. It shall be unlawful for any person to enter upon any
residential premises for the purpose of contacting the occupant between
nine p.m. and eight a.m., unless that person is invited by or known
to the occupant, or unless contact is made for emergency purposes
or in the interests of public safety.
(E)
Transfer
Prohibited. It is unlawful for any person other than the licensee
to use or wear any license, permit or badge issued under the provisions
of this chapter.
(Ord. 3099 § 1, 1994)
(Ord. 3099 § 1, 1994; Ord. 3238 § 9(a), 1996)
