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Ordinance 1991-05 ORDINANCE NO. 91-5 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 16A OF THE GILROY CITY CODE PERTAINING TO PEDDLERS, SOLICITORS, HAWKERS, ITINERANT MERCHANTS AND VENDORS. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Chapter 16A is amended to read as follows: CHAPTER 16.A PEDDLERS, SOLICITORS, VENDORS AND OTHER TRANSIENT BUSINESSES. ARTICLE I - IDENTITY PERMITS Sec. 16A.1. Identity permit-Required. Ail persons, except a person having a fixed and permanent place of business in the city and licensed under the provision of section 13.40 or 13.42 of this Code or licensed and regulated by the state, must comply with this chapter before offering or selling goods, merchandise or services from place to place or upon the streets, parks or other public places of the city, or from any building or other enclosure or place, or in any vehicle of any nature whatsoever, either for immediate delivery or for delivery in the future. No person shall be relieved from the provisions of any section of this chapter by reason of associating temporarily with, or by conducting a transient business in connection with, any local merchant having a fixed place of business within the city. Sec. 16.A.2. Same - Application; application fee; information to be shown Ail applicants for an identity permit under the provisions of the preceding section must pay to the license collector an application fee as set by council resolution 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: (1) Full name, permanent business address, local business and residence address of the applicant or its authorized representative; if other than an individual applicant, the nature of the applicant, that is, whether partnership, firm or corporation; the full name, age, address and occupation of each person who shall actually vend, solicit or otherwise engage in any act required by this chapter to be licensed on behalf of the applicant. ORDINANCE No. 91-5 (2) A specific description of the article, service or contract proposed to be sold, 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 method. 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 a copy of such form shall be attached to the application. 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 or soliciting, 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 or by a bond to the city in a penal sum as set by council resolution 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 failing 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 (90) 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. 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 Chapter 13, Article III. Sec.16.7 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 or vending shall apply to 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 characteristics of each person, ORDINANCE No. 91-5 identifying marks or scars, age, name, address and signature, and shall pay all fees connected therewith. 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 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 fingerprint 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 (5) or more years may be exempt from this section requiring fingerprinting of such person. Sec. 16A.8. Same - Issuance; investigation department; denial; approval by police 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 not to exceed one year, and the signature of the individual to whom issued. Sec. 16A.9. Exemptions from payment of fee; compliance with applicable provisions. Individual applicants exempted from the payment of the license fee specified in Chapter 13, Article III; must comply fully with the requirements of this chapter as to application for identity permits, fingerprinting, bonds and pictures. Sec. 16A.10. Identity permit to be carried on person; to be shown upon demand, altercation, etc. Each person issued an identity permit under section 16A.8 must retain the same in his or her 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 person issued an identity permit shall alter, remove or obliterate any entry made upon such permit, or deface such permit ORDINANCE No. 91-5 3 in any way. Each identity permit shall be personal and not assignable or transferable, nor shall any identity permit be used by any person other than the person for whom issued. Sec. 16A.11. Conditions and regulations licensees and permitees. applicable to 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 forth in this chapter: (1) Shouting calling wares, etc. No person shall shout or call his or her wares in a loud boisterous or unseemly manner, or to the disturbance of citizens or dwellers in the city. (2) Identification by comparing signature with that on identity permit. Every licensee or holder of an identity permit upon the request of any police officer or other officer of the city shall sign his or her name for comparison with the signature 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, plainly 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) Loitering on streets, etc. or private property. No licensee or his or her agent, servant or employee shall stop or remain in any one place upon the streets or public places in the city longer than 10 minutes 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. (5) Hours of door to door soliciting. No licensee or his or her agent, servant or employee shall solicit, peddle, or vend goods, wares, merchandise, services, or any other article of any kind from door to door, except between the hours of 9:00 a.m. and sunset. (6) "No Peddlers" signs posted. It shall be unlawful for any person to solicit, peddle or sell by ringing the doorbell or knocking at the door or otherwise calling attention to his or her presence at 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. ORDINANCE No. 91-5 4 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. ARTICLE II - MOBILE VENDING FACILITIES Sec. 16A.13. Mobile vendinq facility - Location permit required No person shall place, maintain, conduct, park or allow to stand or remain any mobile vending facility; that is, any portable container, pushcart, stand, vehicle or wagon used for displaying, selling or offering for sale any food, goods or services within the city limits without first obtaining a written permit to do so from the City Administrator. No mobile vending facility shall display any sign, flag, banner, whether attached or on a separate structure, except such signs as may be painted thereon in compliance with the city zoning ordinance. Provided, however, that; (1) This section shall not apply to any person engaged in delivering merchandise from or to any store, fixed place of business or residence upon order of or by agreement with a customer of a store or other fixed place of business. (2) This section shall not apply to any vehicle, wagon or pushcart or car used in the display, sale or offering for sale of any foodstuffs in or upon any street beyond three hundred feet of the nearest property line of any elementary or junior high school property, or at any one place at the request of a bona fide purchaser for a reasonable period of time, not to exceed ten minutes, provided that when such person thereafter moves any such vehicle or car, it shall be moved a minimum distance of one hundred feet before again being stopped. (3) This section shall not apply to vehicles or trucks used for catering or vending prepared foodstuffs and located upon private property at the invitation of the property owner, solely for the use of the owner or said owner's tenants or employees. Sec. 16A.14. Mobile vendinq facility - Permit procedure. (a) Each application for a mobile vending location permit shall be on a form provided by the city administrator, shall be accompanied by an application fee established by the city council, shall be signed by the applicant, co-signed by the property owner if requesting a private property location, and shall include the following: (1) The names and addresses of each person who will occupy the mobile vending location for purposes of exercising said permit; (2) A certificate of insurance, stating the insurer's name, policy terms, and principal amounts, not less than a combined single limit, established annually by the city council, of a policy of insurance against public liability, bodily injury, and property damage arising from the permitted activity. Each such policy shall be amendable only upon thirty days' advance notice to the city and shall name the city as an additional insured; ORDINANCE No. 91-5 5 (3) Such additional information as may be required by the city administrator. (b) The city administrator shall grant mobile vending location permits, based upon the information contained in the application, public records, and the recommendations of departmental staff, when they indicate compliance with all of the provisions of this chapter, and it appears that no undue traffic safety, litter or parking consequences would result from exercise thereof. Permits shall require use of at least one trash receptacle and removal of all litter at the permit location, shall be issued only to holders of business licenses, and shall require compliance with all applicable municipal code provisions and applicable health and sanitation regulations. The city administrator may attach such additional conditions to the permit as may be needed to fulfill the intent of this section. (c) Each permit issued hereunder shall authorize placement of a mobile vending facility only upon paved private property in a commercial zone at a location described in such permit. Each permit shall specify the dates for which placement of a mobile vending facility shall be authorized, not exceeding one calendar year, and the names of those companies or persons authorized to exercise it. (d) Within five days of granting a permit, the city administrator shall cause the requested mobile vending facility location to be posted, giving notice of the proceeding and the date that the permit was granted. In addition, written notice thereof shall be sent to the occupants and property owners of immediately adjacent properties. Each such permit shall become effective fifteen days after it is granted, unless a written appeal to the city council is filed by any interested person within that time. Upon receipt of a written appeal, the director shall cause the appeal to be promptly heard by the city council, whose decision in the matter shall be final. Any such permit may be revoked by the city administrator, when he finds a violation of or noncompliance with the terms of such permit. Sec. 16A.15 Peddlers and Vendors - Prohibited locations. Notwithstanding the terms of any mobile vending permit, no person shall place, park or allow to stand any portable container, vehicle, pushcart, eating stand, wagon or car used in selling, vending, peddling, bartering or exchanging any food, goods or services in any of the following places within the city. (1) In or upon any public right of way, except at a high school with a permit issued by the City Administrator. (2) Within three hundred feet of the nearest property line of an elementary or junior high school. (3) Within two hundred feet of a business selling a similar product; (4) Upon any private property without a paved parking area, except for Christmas tree lots or fireworks stand. (5) Within fifty feet of a "no parking" zone during the times when such parking prohibition is in effect; (6) Within any forty-foot corner triangle; (7) On any private property which contains fewer parking spaces than the minimum number required by the zoning ordinance. (8) Within fifteen feet of any fire hydrant or public safety alarm box, or driveway; ORDINANCE No. 91-5 (9) Within one hundred feet of any public transit "bus stop" sign; (10) Within one foot of the public right of way in the C2 downtown zoning district, or within twenty feet of the public right of way in any other commercial zone; (11) In any residential or industrial zone. ARTICLE III CHARITABLE SOLICITATION Sec. 16A.16. Solicitation of educational funds required. charitable, religious or or other property; permit It shall be unlawful for any person to solicit within the city for a contribution of funds, money or other property to be used or expended for any charitable, religious or educational purpose or object outside of the city without first obtaining a permit so to do from the director of finance. Before the director of finance shall issue such permit the person applying therefor shall file a written statement setting forth the following information: (a) The object and purpose for which it is desired to solicit funds or other property. (b) Who shall have charge and control of such funds or property. (c) If such funds or property are solicited for permanent corporations, organizations or institutions where such organizations or institutions are located, and who are the incorporators or members thereof. (d) A copy of the organization's federal tax exemption certificate. In case of doubt as to the responsibility of any person seeking a permit to solicit for such funds or property, the permit may be denied subject to the provisions of section 16A.18. Nothing in this section shall be construed to make it mandatory on the director of finance to grant the permit in this section where the public peace or safety might be endangered in so doing. ARTICLE IV - REVOCATION AND SUSPENSION Sec. 16.A.17. 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 ORDINANCE No. 91-5 filed with the city clerk protesting such suspension within (2) days of the date of such suspension it shall be deemed permanent and all such license or identity permits issued thereunder shall be deemed revoked. Sec. 16.A.18. Appeals to city council; notice; decision of city council final. hearinq; 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, 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 involved. The decision of the city council shall be final upon all parties concerned. SECTION II. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION III. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 4th day of March 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: NELSON ABSENT: COUNCILMEMBERS: None ORDINANCE No. 91-5 I, SUS~NE E. STEI~ETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 91-5 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular .meeting of said Council held on the 4th day of March , 19 91 , at which meeting a quorum was present. IN WITNESS HEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7th day of March 19 91. of G~i ~oy~ (Seal)