Loading...
Ordinance 854 ORDINANCE NO. 854 AN ORDINANCE OF THE CITY OF GILROY ESTABLISHING REVISED REGULATIONS, PROCEDURES AND IDENTITY PERMITS FOR ALL PEDDLERS, SOLICITORS, HAWKERS, ITINERANT MERCHANTS AND VENDORS THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 16A of the Gilroy City Code, consisting of Sections 16A.1 to 16A.14 inclusive, is hereby repealed. SECTION II~ The following sections are hereby adopted as Chapter 16A of the Gilroy City Code: CHAPTER 16A PEDDLERS, SOLICITORS, HAWKERS, ITINERANT MERCHANTS AND VENDORS ~ 16A.1. Identity Permit - Required. ~ 16A.2. Same - Application; application fee; information to be shown. ~ 16A.3. S 16A.4. ~ 16A.5. ~ 16A.6. ~ 16A.7. ~ 16A.8. denial; Same - Documents to accompany application. Same - Photographs to accompany application. Same - Cash deposit or bond required; amount. Same - Fee. ~ Same - Fingerprint records; exemption. Same - Issuance; investigation by police department; approval. 16A.9. Exemptions from payment of fee; compliance with applicable provisions. 16A.10. Identity Permit to be carried on person; to be shown upon demand; a1teratio?, etc. 16A.11. Conditions and regulations applicable to licensee and permittee. 16A.12. Contracts in violation voidable. ~ ~ ~ S ~ 16A.13. Revocation and suspension of license and Identity Permit. 16A.14. Appeals to city council; notice; hearing; decision of city council final. 16A.15. Ringing doorbells, etc., where "No Peddlers" signs posted. Sec. 16A.1 Identity Permit - Required. No person except a person having a fixed and permanent 13 -1- ('- / .'./ ~'.( ,X c) / i/ ' place of business in the city, and duly licensed to so engage in such business at such fixed and permanent place of business shall: 1. Engage in the business of hawking, peddling or vending goods, wares, merchandise, periodicals, reading matter, pictures, foodstuffs, services, advertising or any other article, thing or contract 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, motel, rooming house or trailer 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, portriature, 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 whatsoever; or 3. Engage in the business of soliciting orders for photographs, 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 or in any other manner whatsoever engage in the business of or soliciting orders for any branch of the photographic art in any respect, including copying, retouching, enlarging 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 business in conformity with the re- quirements of this Code and without first having been issued the Identity Permit to engage in such businesses pursuant to the application as provided for in Section 16A.2, no person shall be relieved from the provisions hereof or of any other section of this chapter by reasoning of associating temporarily with any local dealer, trader, merchant or auctioneer having a fixed place of business in the city, 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 acutioneer having a fixed place of business within the city. Sec. 16A.2. Same - Application; application fee; information to be shown. All applicants for an Identity Permit under the provisions of the preceding section must pay to the license collector an app1ica~i0n fee of five dollars and must make application therefor to the license collector of the city upon forms provided by the city, which forms shall require the following information from the applicant; -2- 1. Full name, permanent business address, local business address and residence address of the applicant, if an individual, or its authorized representative, if other than an individual applicant; the nature of the applicant, the full names, ages, addresses or 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 chapter to be licensed on behalf of or for the applicant, whether as prin- cipal, agent, servant, employee, associate, partner, representa- tive or otherwise. 2. A specific description of the article, service or contract proposed to be sold, 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. Sec. 16A.3 Same - 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 involved 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, agree- ment or other written or printed document. Sec. 16A.4 Same - Photographs to accompany application Each application for an Identity Permit as required by section 16A.2, 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 16A.1, to be licensed, 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. Sec. 16A.5 Same - Cash deposit or bond required; amount In each case where it appears that the applicant for an Identity Permit pursuant to this chapter will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance, the application shall be accompanied by a cash deposit of five hundred dollars or by a bond to the city in the penal sum of five hundred ' do11a=s 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 may be, shall remain in full force and effect and be retained for a period of ninety days after the expiration of any such Identity Permit 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. -3- Sec. 16A.6 Same - Fee Each application for an Identity Permit as required by Section 16A.2, shall be accompanied by such license fee as may be set forth in Chapter 13, unless exemption therefrom is approved by the city in the manner provided in Section 16A.8. Sec. 16A.7 Same - Fingerprint records; exemption At the time of making the application for an Identity Permit as required by Section 16A.2, each individual person who shall actually engage in selling, soliciting, vending or doing any other act covered under the provisions of Section 16A.1, shall present himself at the office of the chief of police of the city for the purpose of being fingerprinted and supplying routine information required on the fingerprint forms provided by the city, including the physical character- istics of each person, including indentifying 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 per- manent safekeeping, and to send one such fingerprint record to the Federal Bureau of Investigation of the Department of Justice at Washington, D.C., and to the Criminal Investigation Department of the California State Department of Justice at Sacramento, California, for the purpose of filing. No finger- print records will be returned in the event the Identity Permit applied for is not issued or is subsequently suspended or revoked. Every applicant who has established residence within the city for a period of five or more years may be exempt from this section requiring fingerprinting of such person. Sec. 16A.8. Same - Issuancei investigation by police department; den1a1; approval The character and fitness of every applicant shall first be investigated by the police department before any license or Identity/Permit shall be issued. After conducting such investigation if the police department finds that the applicant is not of good business reputation or integrity, or the granting of the license would be against the public interest, welfare or safety, then the police department shall recommend the denial of such license and Identity Permit, which recommendation shall be transmitted to the license collector. The license collector shall thereupon notify the applicant of such fact. Upon 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 Identity Permits to all persons who shall actually solicit for or on behalf of the applicant. Such Identity Permit shall have affixed 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 signa- ture of the individual to whom issued. In case the applicant claims an exemption from the payment of license fees under the provisions of Section 16A.9, 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 ap- plicant is entitled to the exemption. -4- Sec. 16A.9 Exemptions from payment of fee; compliance with applicable provisions The following individual applicants shall be exempted from the payment of the license fees specified in Chapter 13, but must comply fully with the requirements of this chapter as to applications for Identity Permits, fingerprinting, bonds and pictures. 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 exem- ption, 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 of- ficer, 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 belonging 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 payment of any license provided for in Chapter 13 upon 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 with the regulations of the United States Congress respecting interstate commerce or any other matter, shall comply with provisions as set forth in section 13.31. 4. Every person selling insurance who is exempted from local license fees by the California Constitution. Sec. 16A.10 Identity Permit to be carried on person; to be shown upon demand~ a1teration~ etc. Each person issued an Identity Permit under Section 16A.8 must retain t~e 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 of official of the city. No person issued an Identity Permit shall alter, remove or obliterate any entry made upon such Permit, or deface such Permit in any way. Each Identity Permit shall be personal and not assignable or transferable, nor shall any Identity Permit be used by any person ocher than the person for whom issued. Sec. 16A.11 Conditions and re u1ations a 1icab1e to icensees and permitees The following conditions and regulations shall apply to the exercises of the privileges granted by licenses issued under the provisions of Chapter 13 in addition to those set -5- forth in this chapter: 1. Shouting calling wares, etc. No person acting under authority of any license issued under Chapter 13 shall shout or call his wares in a loud, boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the city. 2. Identification b Identity Permit. Every licensee or 0 der 0 an Ident1ty Permit upon the request of any police officer or other officer of the city shall sign his name for comparison with the signa- ture upon the license, Identity Permit, or upon the license or Permit application. 3. Orders to be written in duplicate, etc. Any person acting under authority of an Identity Permit issued under this chapter who solicits orders for future delivery shall write each order at least in duplicate, p1aining stating the quantity of each article, commodity, contract or service 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. Loiteri on streets etc. or No. licensee or is agent, servant or employee s a1 stop or remain in anyone place upon the streets, alleys or public places in the city longer than necessary to make a sale to a customer wishing to buy, except by prior permission of the city adminis- trator, 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 soliciting, etc. No licensee or his agent, servant or employee shall solicit, peddle, hawk or vend goods, wares, merchandise, periodicals, reading matter, pictures, foodstuffs, services, advertising or any other article or thing of any kind or nature whatsoever, except between the hours of 9:00 a.m. and 9:00 p.m. Sec. 16A.12 Contracts in violation voidable Any order, agreement or contract entered into in the city by any person, subject to the provisions of this chapter, who has failed to comply with or who has violated the provisions of this chapter, shall be voidable by the other party as contrary to public policy and against the public interest. Sec. 16A.13 Revocation and suspension of license and Identity Permits. 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 provisions of this chapter 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 Identity/Permits 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 Identity Permits issued thereunder shall be deemed revoked. -6- _ , . ,."....~.,..,"=,~.="'";":.-....,".,"""''''"~o,;;,.,:,,,'' ~<;.;...'O!""~~.....""'~"..-..""'~"'.~~.~._~ "~""'-"'A.<",,...;."._.',,,~,,,,,,,",,,.;,_,,..,=:.,,",...~~,,,,,,;,,.~,,,...~,,,,:~ \...;,.".,~4"""d'''",il-."",..,.,.,;.,,;,.,,,.,,,.,.,,";,.,..,,_,_.",,' Sec. 16A.14 In the event that any applicant desires to appeal from any order, denial of exemption, order of suspension, or any other ruling of the license collector, the chief of police or any other officer of the city, made under the provisions of this chapter dealing with itinerant peddlers, solicitors, vendors, photographers and others, such applicant or any other person aggrieved 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 invo1ved~ The decision of the city council shall be final upon all parties concerned. Sec. 16A.15 Ringing doorbells, etc., where "No Peddlers" signs posted It shall be unlawful for any person described in section 16A.1 to perform 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 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 described in section 16A.1 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 similar import, is painted or affixed so as to be exposed to public view. SECTION III; All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION IV: This ordinance shall take effect and be in force thirty (30) days from and after its passage and approval. PASSED AND ADOPTED this 2nd day of June, 1969, by the following vote: AYE S : COUNCILMEMBERS: BATREZ, DUFFIN, KENNEDY, PATE, SILVA, WENTWORTH and GOODRICH NOE S : ABSENT: COUNCILMEMBERS: None ATTEST: ,1 / _ /J " d4 ~ (! (/<41 / . _:Jd.c.'-dv k'-'//,( ./ Deputy ity Cler COUNCILMEMBERS: None APPROVED: /f~4-&--d Il Mayor , -7- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do heleby c.ertify that the attached Ordinance No. 8/:)4 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Counci I held on the 2nd day of June , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Gi lroy, this 6th day of June , 19~. J: L' . . ;{tt.~<At- i ty of G i J roy by ~4~ (/ ~ Deputy City Clerk .'