Ordinance 1997-10ORDINANCE NO. 97-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY REPEALING IN ITS ENTIRETY CHAPTER
16A OF THE CODE OF THE CITY OF GILROY AND
REPLACING IT WITH A NEW CHAPTER 16A ENTITLED
PEDDLERS, SOLICITORS, VENDORS AND OTHER
TRANSIENT BUSINESSES
SECTION I
The City Council of the City of Gilroy hereby repeals in its
entirety Chapter 16A of the Code of the City of Gilroy, known as
Peddlers, Solicitors, Vendors and Other Transient Businesses, and
replaces it with a new Chapter 16A as follows:
Chapter 16A
PEDDLERS, SOLICITORS, VENDORS AND OTHER
TRANSIENT BUSINESSES
Art. I. Identity Permits, §§ 16A.1-16A.12
Art. II. Mobile Vending Permits, §§ 16A.13-16A.15
Art. III. Charitable Solicitation, § 16A.16
Art. IV. Revocation and Suspension, §§ 16A.17, 16A.18
ARTICLE I. IDENTITY PERMITS
Sec. 16A.1. 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 private property, upon 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. This Article I shall not
require persons holding incidental sales, such as garage sales or
holiday crafts sales, at their permanent place of residence to
obtain identity permits for said sales, nor shall it require
those persons to obtain any additional City-issued permits or
licenses for said sales other than those required under other
provisions of this Code.
Ail such persons subject to this article must obtain an
identity permit pursuant to this article and are also subject to
the business license provisions of Chapter 13. In addition, a
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mobile vending permit may be required under Article II of this
chapter.
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.
Violation of any section of this chapter shall be a
misdemeanor. (Ord. No. 91-5, § 1, 3-4-91; Ord. No. 94-3, § 3-21-
94)
Sec. 16A.2.
Application; application fee; information to be
shown.
Ail applicants for an identity permit must pay an
application fee as set by council resolution and must make
application therefor to the chief of police of the city upon
forms provided by the city, which forms shall require the
following information from the applicant:
(i)
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.
(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.
(Ord. No. 91-5, §, 3-4-91)
Sec. 16A.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 a copy
of such form shall be attached to the application. (Ord. No. 91-
5, § 3-4-91)
Sec. 16A.4. Photographs to accompany application.
Each application for an identity permit must be accompanied
by two (2) prints of a recent photograph of each individual
person who shall actually engage in vending, selling or
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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 person.
(Ord. No. 91-5, § 1, 3-4-91)
Sec. 16A.5.
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 license collector.
(Ord. No. 91-5, § 1, 3-4-91)
Sec. 16A.6.
[Repealed]
Sec. 16A.7.
Fingerprint records; exemption.
At the time of making the application for an identity
permit, 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, 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 records 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.
(Ord. No. 91-5, § 1, 3-4-91)
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Section 16A.8. Issuance; investigation by police
denial; approval.
department;
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 chief of police finds that the applicant is
not of good business reputation or integrity, or that the
granting of the identity permit or license would be against the
public interest, welfare or safety, then the chief of police
shall refuse to issue such identity permit and shall inform the
license collector of such action The license collector shall
thereupon deny the issuance of a business license to any person
denied an identity permit by the chief of police.
The police chief and his or her authorized agents are
authorized to obtain criminal history information for each
applicant for the purpose of determining those who have been
arrested or convicted for any crime involving moral turpitude,
including but not limited to larceny, fraud or lewd or indecent
conduct; any crime involving violence, including but not limited
to assault or battery or domestic violence or crimes involving
weapons; any crime involving the use, possession, sale or
transportation of drugs or alcohol; or any crime substantially
related to the qualifications or duties proposed by the
applicant. The police chief shall refuse to issue an identity
permit as being against the public interest, welfare or safety if
it is determined that the applicant has been arrested for, or
convicted of, any of the foregoing specified crimes within the
previous 36 months, and may refuse to issue an identity permit if
it is determined that the applicant has been arrested for, or
convicted of, any of the foregoing specified crimes within the
previous 60 months, in which event the applicant shall be advised
that the criminal history information shall be made available to
the City Council upon appeal.
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 identity permit, 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. (Ord.
No. 91-5, § 1, 3-4-91)
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. (Ord. No.
91-5, § 1, 3-4-91)
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Sec. 16A.10.
Identity permit to be carried on person; to be
shown upon demand, alteration, 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
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. (Ord. No.
91-5, § 1, 3-4-91)
Sec. 16A.11.
Conditions and regulations applicable to licensees
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 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 amount to
be paid on or after delivery. One copy of such order
shall be given to the customer.
(4
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.
(5
UNo Peddlers" or UNo Solicitators" signs posted. It
shall be unlawful for any person to solicit, peddle or
sell by ringing the doorbell or knocking at the door or
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otherwise calling attention to his or her presence at
any building, structure or place of business whereon or
wherein a sign bearing the words UNo Peddlers" or words
of similar import, is painted or affixed so as to be
exposed to public view.
(Ord. No. 91-5, § 1, 3-4-91)
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. (Ord. No. 91-5, §
1, 3-4-91)
ARTICLE II. MOBILE VENDING PERMITS
Sec. 16A.13. Mobile vending permit required.
A 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, shall be
prohibited from operating in commercial zoning districts known as
C1 Neighborhood Commercial, C2 Central Commercial and C3 Shopping
Center Commercial. No person shall place, maintain, conduct, park
or allow to stand or remain any mobile vending facility within
the city limits without first obtaining a written mobile vending
permit to do so, as well as any required identity permits under
Article I of this chapter, from the chief of police. 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.
The following uses shall not be considered as mobile vending
facilities, and are thus not required to obtain a mobile vending
permit hereunder:
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
and not for the use of the general public.
(2)
Any nonmotorized pushcart or stand selling food on a
paved private sidewalk (not a parking lot) in a
commercial zone, provided that permanent restroom
facilities (both men's and women's) are located on the
same parcel of land, are open for public use for all
hours that the pushcart or stand is open, and that the
owner or operator of the pushcart or stand has written
permission from the owner of the restrooms for his
customers to use them. Such permission shall be
produced and shown on the demand of any person
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solicited or of any police officer or official of the
city.
(3)
Temporary fireworks stands, pumpkin patches, Christmas
tree lots, or such other seasonal temporary vendors as
may be defined by the chief of police. No such vendor
shall commence operation more than thirty (30) days in
advance of the date of the applicable seasonal holiday.
(4)
Temporary vending facilities owned and operated by a
nonprofit or charitable organization conducting sales
for an event or occasion not to exceed three
consecutive days within any six-month time period.
(Ord. No. 91-6, § 1, 3-4-91)
Sec. 16A.14. Permit procedure.
(a) Each application for a mobile vending permit shall be
on a form provided by the chief of police, shall be accompanied
by an application fee established by the city council, shall be
signed by the applicant, and shall include the following:
1)
The names and addresses of each person who will occupy
or use the mobile vending facility 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 (30) days' advance notice to
the city and shall name the city as an additional
insured; and
3)
Such additional information as may be required by the
chief of police.
(b) The chief of police shall grant a mobile vending
permit, based upon the information contained in the application,
public records, and the recommendations of departmental staff, if
he concludes that the granting of such a permit would be in
compliance with all of the provisions of this chapter and the
intent of this article, and it appears that no undue traffic
safety, litter, parking, or other health and safety consequences
would result from exercise thereof. Any such permit may be
suspended, modified, or revoked by the chief of police when he
finds a violation of or noncompliance with the terms of such
permit, or with other applicable laws or regulations. (Ord. No.
91-5, § 1, 3-4-91)
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ORDINANCE NO. 97-10
Sec. 16A.15.
Prohibited
loitering.
locations;
prohibition
against
No person required to obtain a mobile vending permit
hereunder shall place, park or allow to stand the portable
container, pushcart, stand, vehicle or wagon used for displaying,
selling or offering for sale any food, goods or services in any
of the following places within the city.
(i)
Upon private property, except with the written
permission of the owner of the property. Such
permission shall be produced and shown on the demand of
any person solicited or of any police officer or
official of the city.
(2)
In or upon any street within three hundred (300) feet
of the nearest property line of any elementary or
junior high school property.
Regardless of whether on public or private property, no
person required to obtain a mobile vending permit hereunder shall
place, park or allow to stand the portable container, pushcart,
stand, vehicle or wagon at any one place except at the request of
a bona fide purchaser for a reasonable period of time, not to
exceed ten (10) minutes, provided that when such person
thereafter moves any such portable container, pushcart, stand,
vehicle or wagon, it shall be moved a minimum distance of one
hundred (100) feet before again being stopped.
ARTICLE III. CHARITABLE SOLICITATION
Sec. 16.A.16.
Solicitation of
educational funds
requirements.
charitable, religious or
or other property; permit
It shall be unlawful for any person or organization 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 without the person or
the organization on whose behalf the person is soliciting first
obtaining a written solicitation permit so to do from the chief
of police. In addition, any individual solicitors who solicit
door to door at any businesses or residences shall first obtain
an identity permit pursuant to Article I of this chapter, except
for persons having a permanent place of residence in the city
who are soliciting for funds, money'or other property or offering
for sale incidental merchandise, such as candy, cookies,
magazines and the like, for a charitable, religious or
educational purpose and whose organization has obtained the
solicitation permit from the chief of police described above.
Notwithstanding any other provisions of section 16A.8 of Article
I, the chief of police shall not have the discretion to deny an
identity permit to any individual solicitor for charitable,
religious or educational purpose if such individual has provided
all required information and has paid the applicable fee.
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Before the chief of police shall issue a solicitation
permit, the person or organization applying therefor shall file a
written statement setting forth the following information:
(1) The object and purpose for which it is desired to
solicit funds or other property.
(2) Who shall have charge and control of such funds or
property.
(3) If such funds or property are solicited for permanent
corporations, organizations or institutions, where such
organizations or institutions are located, and a copy of the
organization's federal tax exemption certificate, or other proof
of bona fide charitable status.
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 for the chief of police to grant the permit in this
section where the public peace or safety might be endangered in
so doing. (Ord. No. 91-5, § 1, 3-4-91)
ARTICLE IV. REVOCATION AND SUSPENSION
Section 16.1.17. Revocation and
permits.
suspension of license and
In the event that the chief of police of the city has
reasonable cause to believe and does believe that any licensee or
holder of any permit issued under this chapter is violating any
provisions of this chapter, of any permit issued under this
chapter, or of any other law or ordinance relating to the
business of the licensee, he shall have the power to and shall be
authorized to suspend or revoke such license and all identity
permits so issued, as well as any mobile vending permit. (Ord. No.
91-5, § 1, 3-4-91)
Sec. 16A.18. Administrative hearings and appeals.
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
within ten calendar days of the date of such action. The appeal
shall be resolved pursuant to the City's adopted municipal
administrative hearing policy, and a final decision rendered
pursuant thereto shall be final. (Ord. No. 91-5, § 1, 3-4-91)
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SECTION II
If any section, subsection, subdivision, sentence, clause,
phrase or word of this Chapter is for any reason held to be
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have
adopted this ordinance and each and every provision herein,
irrespective of the possibility that one or more provisions might
be declared invalid.
This ordinance shall take effect and be in full force
thirty days from and after its adoption and approval.
PASSED AND ADOPTED this 3rd day of November, 1997 by
the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON,
SPRINGER, VALDEZ
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ATTEST:
Rhonda Pellln, City Clerk
~/et-e Valdez, J~.
Mayor Pro Tem
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I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 97-10 is an original ordinance, duly adopted by the Council of the City of Gilroy at
a regular meeting of said Council held on the 3rd day of November, 1997, 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 Gilroy this 5th day of November, 1997.
City Clerk of the City of Gilroy
(Seal)