Chapter 5.72
PEDDLERS AND SOLICITORS
5.72.010 Definition.
5.72.020 Peddling prohibited.
5.72.030 Exceptions.
5.72.040 Soliciting magazine subscriptions and sales for future delivery-Restrictions.
5.72.050 Sight-seeing solicitations prohibited.
5.72.060 Peddling and soliciting by veterans-Permit required- Application.
5.72.070 Hawker's and peddler's license-Exceptions.
5.72.080 Hawker's and peddler's license-Issuance.
5.72.090 License not transferable- Cancellation.
5.72.100 License-Signature and photograph of licensee.
5.72.110 License-Display.
5.72.120 Transfer or sale of health and service certificates to procure license prohibited.
5.72.010 Definition.
For the purpose of this chapter, "peddler" means any person who travels from place to place, and sells, or offers to sell, any foods or drinks intended for human consumption, or goods, wares or merchandise, in his or her possession. (Prior code º 7-203)
5.72.020 Peddling prohibited.
A. No person shall peddle from a stationary location on any public property, doorway of any building or unenclosed vacant lot.
B. No person shall peddle foods or drinks intended for human consumption, or goods, wares or merchandise, from a vehicle which is nonmotorized or not licensed for street use by the state of California, on any public street or public property.
Nothing contained in this chapter shall prohibit the sale of newspapers. Nothing contained in this chapter shall prohibit the sale of pumpkins between the dates of October 15th and November 1st, inclusive; provided, however, that such sale of pumpkins shall be subject to the licensing provision contained in this chapter, as well as all other applicable provisions of this code. (Prior code º 7-204)
5.72.030 Exceptions.
The provisions of Section 5.72.020 shall not apply to peddlers working for specific events sponsored or operated by local civic organizations as determined by the city manager. The event sponsored or operated by a local civic organization must be conducted pursuant to permit and all peddlers under this section shall have the prior written approval of the sponsoring or operating civic organization. Such peddlers shall comply with all requirements for peddlers excepting Section 5.72.020 of this code. For purposes of this section, a local civic organization is one which provides services and/or events of benefits to all citizens of the city. (Prior code º 7-204.1)
5.72.040 Soliciting magazine subscriptions and sales for future delivery- Restrictions.
No person shall, on any public street or sidewalk in the city, or in any doorway or entranceway immediately abutting thereon, solicit the purchase of any subscription to any magazine, periodical or other publication, or the purchase of any tangible personal property for delivery at a subsequent time. (Prior code º 7-205)
5.72.050 Sight-seeing solicitations prohibited.
No person shall use or occupy any part of a public street or sidewalk for the purpose of soliciting patronage or custom for any motor vehicle which is run, driven or operated over the public streets of the city for the purpose of sight-seeing or showing points of interest, or conveying persons to points within or without the city to show or exhibit lands or houses or other property or interest in property, real or personal, for the purpose of effecting or attempting to effect the sale of any such lands or houses or of any other property. (Prior code º 7-206)
5.72.060 Peddling and soliciting by veterans-Permit required-Application.
No person shall directly or indirectly represent or hold himself or herself out to be a veteran or discharged member of the armed forces of the United States of America or of any foreign country, or a member, employee or representative of any veteran's organization, either by manner of dress, spoken words or writing or printed advertisement, while engaged in the business or occupation of peddling or soliciting orders for goods, wares or merchandise, or while soliciting or asking for contributions of any kind for any purposes in the city, without first having obtained a permit from the city manager upon written application therefor, setting forth the following information:
A. Name and address of the applicant;
B. The nature of the goods, wares or merchandise to be sold for which the permit is sought;
C. The recipient of any contributions to be solicited and the purpose for which such funds are to be used;
D. Such other information as may be required by the city manager. (Prior code º 7-207)
5.72.070 Hawker's and peddler's license-Permit-Exceptions.
The provisions of Section 5.72.060 shall not apply to any person making an appeal to the public for a charity or charitable purpose and who has obtained a permit so to do from the city manager, as is required by the provisions of Section 5.40.060. (Prior code º 7-208)
5.72.080 Hawker's and peddler's license-Issuance.
Every honorably discharged soldier, sailor or marine of the United States who is unable to obtain his or her livelihood by manual labor shall have the right to hawk, peddle and vend any goods, wares or merchandise, except spirituous, malt, vinous, mixed or other intoxicating liquor, without payment of any license or fee required by any ordinance of the city providing for the payment of such license fee. A certificate of disability by a surgeon of the United States Army or Navy, or by the health officer of the city, shall be sufficient proof of such disability, and a certificate of honorable discharge from the United States Army or Navy, or an exemplified copy thereof, shall be sufficient proof of such service and honorable discharge, and upon presentation of the same it shall be the duty of the city clerk to issue a license without cost to such soldier, sailor or marine. (Prior code º 7-209)
5.72.090 License not transferable- Cancellation.
A. Each license issued under the provisions of this chapter shall be nontransferable and shall be for the exclusive use of the person whose name is inserted therein. Should any such license be found in the possession of any person other than the person named therein, such license shall be taken up, surrendered to the city clerk and cancelled, and the holder thereof shall not again be entitled to a license under this chapter.
B. No person, except the person named in such license, shall use or have such a license in his or her possession. (Prior code º 7-210)
5.72.100 License-Signature and photograph of licensee.
Each disabled veteran shall be required to write his or her name on the margin of the license provided for by this chapter and on the stub retained by the city clerk at the time the license is issued and such person shall be required to furnish to the clerk at the time of application for such license, two copies of a photograph of himself or herself. It shall be the duty of the city clerk to satisfy himself or herself by proper examination and investigation that the photograph is a true likeness of the person who makes the application and whose name appears in the discharge and in the physician's certificate. One copy of the photograph shall be attached to the license and the other shall be attached to the stub written by the city clerk. Such photograph shall at all times be kept attached to the license, and any such license found without such photograph attached thereto shall be taken up and the same shall be forfeited and the person to whom the license is issued and the holder thereof shall forthwith surrender all rights under this chapter and shall not again be entitled to any license issued under the provisions of this chapter. Such person shall identify himself or herself by his or her signature whenever required so to do by any police officer, license inspector, license collector or other officer of the city. (Prior code º 7-211)
5.72.110 License-Display.
Whenever the holder of any license provided for by this chapter uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any such goods, wares or merchandise, such license shall be inserted, held and carried in a "license holder" placed in plain view in such vehicle. (Prior code º 7-212)
5.72.120 Transfer or sale of health and service certificates to procure license prohibited.
No person shall sell, transfer or convey the certificate of disability or the certificate of honorable discharge required to be submitted by Section 5.72.080, to any other person for the purpose of securing a license provided for by this chapter. (Prior code º 7-213)