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Ordinance 647 .. ~. . ~ -. ORDINANCE NO. 647 AN ORDINANCE SUPPLEMENTING ORDli\lJ.\~!CE NO.646 AND FOR THE FURTHER REGULATION OF SOLI... CITORS, PEDDLERS, HA\'JI{ERS, ITINERANT NERCHANTS, PHOTOGRAPHERS, AND TRANSIENT VEN- DORS OF GOODS, 14ARES, AND MERCHAN u IS E BY !'ROV I DING FOP. TH r:: REG I STRATI ON AND IDENTI.. FICATION OF SUCH PERSONS. THE CITY COUNCil OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. LICENSE REQUIRED. No person except a p~rson having a fixed and perma- nent place of business in the City, and duly licensed to so engage in such business at such fixed and permanent place of business under the provisions of this ordinance sha 11 : I. Engage in the business of hawking, peddling or vending goods, wares, merchandise, periodicals, reading matter, pictures, food-stuffs, services, advertising or any other article or thing of any kind or nature whatsoever,from door to door, house to house, or building to building, or from or upon the streets, alleys, parks or other public places of the city, or from any hotel, mote!, rooming house or trai ler house, or other enclosure or place, on foot or from or in any vehicle of any nature whatsoever, either by sample or by taking or soliciting orders for immediate delivery or for delivery in the future; or. 2. Engage in the business of photography, protraiture, photochromograph, operating a photograph studio, taking pictures or any other branch of the photographic art whatsoever, or the rendering or performing of any other skill, profession or service, whether from door to door, house to house or building to building, or from or upon the streets, alleys or other public places of the city, or from any hotel, motel, rooming house, trailer house, enclosure or other place, on foot, or from any type of vehicle whatsoeverj or, 3. Engage in the business of soliciting orders for photograp:hs,peddling tickets, certificates or other documents intended to apply in whole or in part payment for photographs, frames or other photographic merchandise, or other material orin any other manner whatsoever en- gage in the business of or soliciting orders for any branch of the photographic art in any respect, including copying, retouching, en- larging or coloring of photographs or photograph negatives and prints, or for the rendering or performing of any other skill, profession or service, without first having applied for a license to so engage in such businesses in conformity with the requirements of this ordinance and without first there has been issued the license to engage in such businesses pursuant to the application as provided for in Se~- tion 2 of this ordinance. No person shall be relieved from the pro- visions hereof or of any other section of this ordinance by reason of associating temporarily with any local dealer, trader, merchant or auctioneer having a fixed place of business in the City of Gilroy, or by conducting a temporary, transient or itinerant business in connection with or as a part of or in the name of any such local dealer, trader, merchant or auctioneer having a fixed place of busi- ness within the city. SECTION 2. APPLICATION FOR LICENSE; APPLICATION FEE; INFORI~TION TO BE SHOWN. All applicants for license under the provisions of the preceding section must pay to the license collector an application fee of five doliars ($5.00) and must make ap- plication therefor to the license collector of the city upon forms provided by the city, which forms shall require the following information from the applicant: 1. Full name, permanent business address, local business address and residence address of the applicant, jf an individual, or its authori- zed representative, if other than an individual applicant; the na- ture of the applicant, the full names, ages, addresses and that is, whether individual, partnership, firm, corporation or otherwise; and occupations of each person who shall actually vend, solicit or otherwise engage in any act whatsoever within the city required by this ordinance to be licensed on behalf of or for the applicant, whether as principal, agent, servant, employee, associate. partner, representative or otherwise. 2. A specific description of the article or' service proposed to be sold, -1- loJ./1 . . ~ . vended or performed, whether for immediate or future delivery or performance and the proposed method of delivery and performance, including information as to whether such sales will be made by quantity, weight, quality, package or otherwise, and whether delivery or performance will be made personally or by mail or in what other manner. SECTION 3. DOCUMENTS TO ACCOMPANY APPLICATION. In the event any form, contract, order blank, warranty, agreement or other written or printed document is to be signed by the purchaser or person receiving the property or service or is invol- ved in any manner otherwise in the business of the applicant for a license as an itinerant peddler, solicitor, vendor or photographer, the application form must be accompanied by a copy of such form, contract, order blank, warranty, agreement or other written or printed document. SECTION 4. PHOTOGRAPH REQUIRED OF APPLICANT. Each application for a license as required by Section 2 of this ordinance, must be accompanied by two prints of a recent photograph of each individual person who shall actually engage in vending, selling, soliciting, peddling or doing any other act required under the provisions of Section I of this ordinance, to be licensed, whether as principal, agent, ser- vant, employee, associate, partner, representative or otherwise, which photographs shall not exceed one inch square in size and shall be full front views of the face and head only of such persons. SECTION 5. CASH DEPOSIT OR BONO REQUIRED. In each case where it appears that the applicant will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance of services, the application shall be accompanied by a cash deposit of Five Hundred Dollars ($500.00) or by a bond to the City in the penal sum of Five Hundred Dollars ($500.00) issued by a surety company authorized to do business within the state. Such bond shall be conditioned for making final delivery of goods, wares or merchandise or for final performance of services to be performed in accordance with the order, agreement or contract entered into, and falling therein the advance payment or deposit on such order shall be refunded or returned. Such cash deposit or bond, as the case ~ay be, shall remain in full force and effect and be retained for a period of ninety days after the expiration of any such license or the termination of any action upon such bond or deposit of which the license collector shall have been notified, unless sooner released by the license collector. SECTION 6. LICENSE FEE. Each application for a license as required by Section 2 of this ordinance, shall be accompanied by such license fee as may be set forth in Ordinance No.~~~, unless exemption therefrom is approved by the city in the mann~r hereinafter provided. SECTION 7. FINGERPRINTS REQUIRED. At the time of making the application for a license, as required by Section 2 of this ordinance, each individual person, whether as principal, agent, servant or employee, who shall actually engage in selling, soliciting, vending or doing any other act covered under the provisions ?f the above mentioned section, shall present himself at the office of the Chief )f Police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprint forms provided without expense by the ~ity, including the physical characteristics of each person, identifying marks or scars, age, name, address and signature. Such fingerprint records are to be taken in triplicate and each individual so presenting himself is hereby advised that the city reserves the right to retain one of such fingerprint records in its files for permanent safekeeping, and to send one such fingerprint record to the Federal ~ureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California State Department of Jus- tice at Sacramento, California, for the purpose of filing. No fingerprint records will be returned in the event the license applied for is not issued or is sub- sequently suspended or revoked. Every applicant who has established residence within the City of Gilroy for a period of five (5) or more years maybe exempt from this section requiring fingerprinting of such person. SECTION 8. EXEMPTIONS FROM PAYMENT OF FEE; COMPLIANCE WITH OTHER PROVISIONS OF JRDINANCE. The following individual applicants shall be exempted from the pay- nent of the license fees in Ordinance No. 646specified, but must comply otherwise :ully with applicable requirements hereof as to applications, fingerprinting, )onds and pictures: -2- 1. Every individual person exempted as an honorably discharged, or honorably relieved soldier, sailor or marine under the provisions of section 16001 of the Business and Professions code of the state. Such exemptions shall apply only to an individual applicant engaged in peddling, vending or soliciting for and by himself alone, and shall not apply to any individual applicant, otherwise entitled to such exemption, who employs agents, servants, or employees in such activities, nor apply to any other type of applicant, of which a person, otherwise entitled to such an exemption, is an officer, member, agent or employee. All claims for such exemptions shall be referred to the veterans' service officer of the county for investigation and recommendation. 2. Every individual person selling and vending farm fruits and vegetables and meat grown and produced by his own labor on real property belong- ing to or possessed by him. All claims for such exemption shall be referred to' the county agricultural commissioner for investigation and recommendation. 3. Every applicant claiming to be entitled to exemption from the pay. ment of any license provided for in Ordinance NO.646upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the United States Constitution or the regulations of the United States Congress respecting interstate commerce or any other matter, shall comply with provisions as set forth in Ordinance No.646 Sec- tion 11 (b). SECTION 9.. ISSUANCE OF LICENSE AND IDENTIFICATION CARDS; INVESTIGATION BY POLICE DEPARTMENT. The character and fitness of every applicant shall first be investi- gated by the police department before any license or identification card shall be issued. After conducting such investigation, the police department finds that the character, reputation or fitness of any such appHcant is bad, then the police department shall recommend the denial of such license and identificatIon card, which recommendation shall be transmitted to the license collector. The license collector shall thereupon notify the applicant of such fact. Upon the receipt of the application accompanied by the required documents, the approval of the police department and appropriate fees, if any, the license collector shall Issue a business license to the applicant and individual identific~ tion cards to all persons who shall actually solicit for or on behalf of the appli- cant, whether as principal or otherwise. Such identification card shall have af- fixed to it one of the pictures filed by the applicant, and shall contain reference to the issuance of the license, a description of the individual to whom issued, date of expiration, and the signature of the individual to whom issued. In case the applicant claims an exemption from the payment of license fees under the pro- visions of Section 8 of this ordinance, the license collector shall issue such license only after he has reviewed the reports and recommendations of the county veterans' service officer, the agricultural commissioner of the county or the city attorney, as the case may be, and is satisfied therefrom that the applicant is entitled to the exemption. SECTION 10. LICENSE AND IDENTIFICATION CARD TO BE CARRIED ON PERSON; ALTERATION, ETC. Each appl icant for a I icense as required by section 1 of this ordinance, or if other than an individual, its representative, must a+ all times retain in his possession the business license issued by the license collector and each person issued an identification card under Section 9 of this ordinance, must retain the same in his personal possession at all times while engaged in the business so licensed within the city and must produce and show the same on the demand of any person solicited or of any police officer or official of the city. No licensee or person issued an identification eard shall alter, remove or obliterate any entry made upon such license or card, or deface such license or card in any way. Each license and card shall be personal and not assignable or transferable, nor shall any license or card be used by any' person other than the licensee or the person for whom issued. SECTION 11. CONDITIONS AND REGULATIONS APPLICABLE TO LICENSEE. The following con- ditions and regulations shall also apply to the exercises of the privileges granted by licenses issued under the provisions of Ordinance No. 646 in addition to those set forth in other parts of this ordinance or in ~he general ordinances of the city: -3- ! '. I. Shoutinq. callinq wares. etc. No person acting under authority of any license issued under Ordinance Nd.G:4lcshall shout or call his wares in a loud, boisterous or unseemly manner, or to the distur- bance of citizens or dwellers in the city. 2. Identification by comparinq siqnature with that on license. Every licensee or holder of an Identification card upon the request of any pollee officer or other officer of the city shall sign his name for comparison with the signature upon the license or card or the signa- ture upon the license appl ication. 3. Orders to be written in duplicate. etc. Any person acting under authority of any license issued under this article who solicits orders for future delivery shall write each order at least in duplicate, plainly stating the quantity of each article or commodity ordered, the price to be paid therefor, the total amount ordered and the amount to be paid on or after delivery. One copy of such order shall be given to the customer. 4. loiterinq on streets. etc.. or private property. No licensee or his agent, servant or employee shalt stop or remain in anyone place upon the streets, alleys or public places in the city longer than neces- sary to make a sale to a customer wishing to buy, except by prior permission of the city administrator, nor shall any licensee or his agent, servant or employee,stop or remain upon any private property within the city without the consent of the owner thereof or some person having authority to grant such permission. 5. Hours of solicitinq. etc. No licensee or his agent, servant, or employee shall solicit, peddle, hawk, or vend goods, wares, merchan- dise, periodicals, reading matter, pictures, foodstuffs, services, advertising or any other article or thing of any kind or nature what- soever, except between the hours of 9:00 a.m. and 9:00 p.m. SECTION 12. REVOCATION AND SUSPENSION. In the event that the Chief of Police of the city has reasonable cause to believe and does believe that any licensee or other person employed by or representing such licensee is violating any of the pro- visions of this ordinance or any other law or ordinance relating to the business of the licensee, he shall have the power to and shall be authorized to suspend such license and all identification cards so issued. If no written appeal is filed with the City Clerk protesting such suspension within two days of the date of such suspension, such suspension shall be deemed permanent and all such license or iden- tification cards issued thereunder shall be deemed revoked. SECTION 13. APPEALS TO CITY COUNCil. In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension, or any other rul- ing of the license collector, the Chief of Police or any other officer of the city, made under the provisions of this ordinance dealing with itinerant peddlers, soli- citors, vendors, photographers and others, such applicant or any other person ag- grieved thereby shall file written notice of such appeal with the City Clerk and such matters shall be heard at the next regular meeting of the City Council, at which time the City Council shall hear and receive evidence, written and oral upon all matters involved. The decision of the City Council shall be final upon all parties concerned. SECTION 14. RINGING DOORBELLS, ETC. \-MERE "NO PEDDLERS" SIGNS POSTED. It sha 11 be unlawful for any person described in Section I of this ordinance to pe~form or attempt to perform the acts described in such section by ringing the doorbell or knocking at the door or otherwise calling attention to his presence of or at any residence whereon a sign bearing the words "No Peddlers", or words of similar import is painted or affixed so as to be exposed to public view, and no such person, des- cribed in Section 1 of this ordinance shall perform or attempt to perform any of the acts described in such section in any building, structure or place of business whereon or wherein a sign bearing the words "No Peddlers" or words of simi iar im- port, is painted or affixed so as to be exposed to public view. SECTION 15. CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent juriSdic- tion to be unconstitutional, such decision shall not affect the velldity of the remaining portions of this ordinance. The City Council hereby expressly declares that it would have passed and adopted this ordinance and each section, subsection, sentence, clause and phrase hereof irrespective Qf the fact that anyone or more of said sections, subsection, sentences, clauses or phrases hereof be held uncon- stitutional. -4- ... . SECTION 16. PENALTY. Any person, firm or corporation violating any provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction there- of. shall be punished by a fine not exceeding Five Hundred Dollars ($500.00). or by imprisonment in the City Jail not to exceed six (6) months for each violation. or by both such fine and imprisonment. SECTION 17. EFFECTIVE dATE. This ordinance shall be in full force and effect thirty days after its adoption. SECTION 18. REPEAL OF CONFLICTING ORDINANCES. All ordinances and parts of ord- inances in conflict herewith are hereby repealed. PASSED AND ADOPTED this 20thday of March , 1961 by the following vote: AYES: COUNCIL MEMBERS: Goodrlch,Jordan,Pate,Rush,Wentworth, and Sanchez. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Petersen Afi'tROVED: ATTEST: /7 ~/J /67Uttnno cb. r~ Susanne E. Payne ~ City Clerk Sig Sanchez Mayor of the City of Gilroy / . .. , ... . , .I.'" ....(. . )> / .. 5.. ~ . - ~ I , , City Clerk of the City Susanne E. Payne of Gilroy, do hereby certify that the attached Ordinance No. 647 is a true and correct copy of the whole of such Ordinance, duly adopted by the Council of the City of Gilroy, at a regular meeting of said Council held on the 20th day of March 19 61 , at which meeting a quorum was present. I further certify that the said ordinance has been pub- lished in accordance with the charter of the City of Gilroy. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gilroy, this 21st day of March , 19...ll.. . /ct~o~ 0 .~ City Clerk of the City of Gi roy