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HomeMy Public PortalAboutOrdinance 919ORDINANCE NO. 919 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA ADDING CHAPTER 5.64 TO THE BEAUMONT MUNICIPAL CODE ENTITLED "COMMERCIAL PEDDLERS, SOLICITORS AND ITINERANT MERCHANTS" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: Section 1: Chapter 5.64, entitled "Commercial Peddlers, Solicitors and Itinerant Merchants", is hereby added to the Beaumont Municipal Code to read as specifically provided for in Exhibit "A", which Exhibit is attached hereto and made a part hereof. Section 2: This Ordinance shall take effect as provided by law. MOVED AND PASSED upon first reading this 17th day of July , 2007, by the following roll call vote: AYES: Mayor Fox, Mayor Pro Tem DeFor6, council Members Berg, Dressel, and Killough NOES: None ABSTAIN: None ABSENT: None MOVED, PASSED AND ADOPTED this 21st day of August , 2007, upon second reading by the following roll call vote: AYES: Mayor Fox, Council Members DeForge, Berg, Dressel,a nd Killough NOES: None ABSTAIN: ABSENT: None None City Clerk 1 CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 919 duly introduced at a regular meeting of the City Council of the City of Beaumont held on 7/17 , 2007, and was duly adopted upon a second reading on 8/21 , 2007, by the roll call votes indicated therein. (SEAL) CITY OF BEAUMONT By City Clerk (Deputy) 2 07/10/07 CHAPTER 5.64 COMMERCIAL PEDDLERS. SOLICITORS AND ITINERANT MERCHANTS Sections 5.64.010 Definitions 5.64.020 Applicability of Chapter 5.64.030 Peddling and Soliciting on Certain Premises Prohibited 5.64.040 Peddler and Itinerant Merchant Permit Required 5.64.050 Permit Procedures 5.64.060 Issuance of Permit 5.64.070 Denial of Permit 5.64.080 Revocation of Permit 5.64.090 Police Chief's Power to Order Cessation of Business 5.64.100 Appeal of Permit Denial, Revocation or Suspension 5.64.110 Peddler or Itinerant Merchant Permittee Responsibility 5.64.120 Peddling or Soliciting From Fixed Location Prohibited 5.64.130 Conditions of Peddler or Itinerant Merchant Permit 5.64.140 Hours of Operation 5.64.150 ID Display Requirements 5.64.160 Garbage Disposal 5.64.170 Noise Requirements 5.64.180 Parking and stopping restrictions --Motor vehicle -based and mobile unit peddlers and itinerant merchants 5.64.190 Interstate Commerce 5.64.200 Violations and Penalties 5.64.210 Seizure of Goods 5.64.220 Procedure for Release of Perishable Goods 5.64.010 Definitions Words and phrases not specifically defined in this section shall be construed according to the context and approved usage of the language. As used in this Chapter: A. "Mobile unit" means any vehicle, truck, trailer, cart, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, which is not required to have a license to operate issued by the California Department of Motor Vehicles. B. "Motor vehicle" means any automobile, truck, trailer or other conveyance requiring a license issued by the California Department of Motor Vehicles. C. "Peddler," for purposes of this chapter, means any person traveling by foot, motor vehicle, mobile unit or any other type of conveyance from place to place conveying or transporting goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever, and hawking or offering and exposing the same for sale, soliciting or taking or attempting to take orders for the same or for services to be furnished or performed in the future, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer or solicit or taking or attempting to take orders for the same for sale from a motor vehicle or mobile unit. D. "Peddling" means the act of being a peddler. E. "Permittee" means the holder of a peddler or itinerant merchant permit. F. "Person" means any natural person, corporation, association, co -partnership, or any other organization however organized. G. "Solicitor," for purposes of this chapter, means any person who, for commercial purposes or causes, travels either by foot, motor vehicle, mobile unit or any other type of conveyance, from place to place taking or attempting to take orders for the sale of goods, wares, merchandise, foods, farm products, or provisions, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, or whose activities may, in any way, result in such sale or the furnishing of such services, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sale or not. H. "Itinerant merchant," for purposes of this Chapter, means any person who engages in a temporary business of selling and delivering goods, wares, or merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses, or occupies any building structure, motor vehicle, tent, public rooms in hotels, lodging houses, apartments, shops, or any street alley, or other place within the city, for the exhibition and sale of such goods, wares, or merchandise, either privately or at public auction; provided that any person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. 5.64.020 Applicability of Chapter A. Exemptions. 1. There shall be exempted from the prohibitions of this chapter the activities of solicitors and peddlers selling and soliciting sales of newspapers from sidewalks abutting on public streets, except that no such solicitor or peddler shall offer newspapers for sale to passing motorists unless from a location adjacent to a clear, twenty foot (20) zone of curbside where private motor vehicles may legally stop for the loading and unloading of passengers. Notwithstanding any of the foregoing, a peddler or solicitor may not sell or solicit sales of newspapers in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic. 2 2. Peddlers, solicitors and itinerant merchants shall be exempt from the provisions of this chapter when participating in an event subject and pursuant to a special events permit, street closure permit, or any other permit specifically authorizing such activity, issued by the city. 3. Garage or yard sales on private property shall be exempt from the provisions of this chapter, except that the provisions of Section 5.08.110 shall apply to any such activities. 4. Peddlers or solicitors engaging in door-to-door peddling or solicitation shall be exempt from the provisions of this chapter, except that the provisions of Section 5.64.030 shall apply to any such activities. B. Compliance by Existing Licensees. The provisions of this Chapter shall apply to any and all currently -permitted and/or licensed commercial peddlers, solicitors, and itinerant merchants by the City, who shall apply for, and obtain a permit in accordance with the provisions of this Chapter within 90 days of its effective date. 5.64.030 Peddling and Soliciting on Certain Premises Prohibited No peddler or solicitor nor any person pretending to be a peddler or solicitor, whether otherwise regulated by this chapter or not, shall ring the bell or knock at any building whereon there is printed or affixed or otherwise displayed to public view any sign containing any or all of the following prohibitions: No Peddlers," No Solicitors," or No Agents, or which otherwise purports to prohibit peddling or soliciting on such premises; provided that this prohibition shall not apply when a peddler or solicitor has an appointment with the occupants of such building. 5.64.040 Peddler and Itinerant Merchant Permit Required It shall be unlawful for a person to engage in the business or activities of peddler or itinerant merchant within the city except pursuant to and in strict compliance with a valid permit issued by the chief of police or his designee as provided in this chapter. It shall be unlawful for any peddler or itinerant merchant permittee to allow or tolerate any person who does not also have a peddler or itinerant merchant permit to work for or under the direction of, or on behalf of, or as an agent of the permittee. The requirements for a permit under this chapter shall be in addition to requirements of Title 5 of this code relating to business licenses. 5.64.050 Permit Procedures A. Permit --Application. Every application for a peddler or itinerant merchant permit under this chapter shall be made on a form provided by the chief of police or his designee, and shall contain the following information: 1. Name, mailing address, home address, and telephone number of applicant. 3 2. Presentation of a California drivers license, if any, or other photographic identification issued by a state or United States federal agency establishing the applicants age as eighteen (18) or older. 3. Two (2) recent portrait photographs that clearly and accurately depict the applicant's current facial features. 4. The name under which the peddler or itinerant merchant business or activity will be conducted, the address and telephone number of such business, and the name of the business owner. 5. A description of the goods, wares, merchandise, products, or any other thing or representation of value on consignment which will be the subject of the applicant's peddling or itinerant merchant business or activity. 6. A description of the logo, color scheme, insignia, and any other distinguishing characteristics of any motor vehicle or mobile unit to be used in the applicant's business or activities, including the license plate state and number for any motor vehicle. 7. The permit history of the applicant for the three (3) year period immediately preceding the date of the filing of the application, including whether the applicant has operated under any other business name or has ever had any similar license or permit revoked or suspended or has been convicted of a violation of this chapter, and if so, the circumstances of such suspension, revocation or conviction. 8. The applicant's consent to a fingerprint check by the chief of police or his designee. 9. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten years, and the nature of each such offense and the punishment or penalty assessed therefor. 10. A health permit, if required by the County of Riverside, issued by the County Health Department. 11. Evidence of motor vehicle insurance. 12. A permit fee in an amount established by the City Council. B. Permit --Term. Any peddler or itinerant merchant permit issued pursuant to this chapter shall be valid for a period of one (1) year from the date of issuance. 4 5.64.060 Issuance of Permit The chief of police or his designee shall grant the peddler or itinerant merchant permit within ten (10) days after receiving the completed application if he or she finds that all of the following requirements have been met: A. The required fees have been paid. B. The application conforms in all respects to the provisions of this chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the city within one year prior to the date of the application. E. The applicant has not been convicted, during the three (3) year period immediately preceding the issuance of the permit, of any offenses involving moral turpitude or dishonesty, including but not limited to: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler or itinerant merchant business or activity. F. The applicant has obtained any other applicable city or county permits, including any city or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid city business license and paid the appropriate business license fee. 5 5.64,070 Denial of Permit If the chief of police or his designee finds that all the requirements of Section 5.64.060 have not been met, he or she shall deny the application for the peddler or itinerant merchant permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the city signed or unsigned. 5.64.080 Revocation of Permit Any peddler or itinerant merchant permit may be revoked by the chief of police for good cause shown including but not limited to any of the following reasons: A. Falsification of any information supplied by the permittee upon which issuance of the permit was based. B. Failure of the permittee or any employees or agents of the permittee to comply with the regulations set forth in this chapter. C. The permittee's conviction at any time of any offense involving moral turpitude or dishonesty, including but not limited to any of the following: 1. Burglary [Cal. Penal Code § 459]. 2. Robbery [Cal. Penal Code § 211]. 3. Theft [Cal. Penal Code § 484]. 4. Fraud or misrepresentation [Cal. Penal Code §§ 531, 532]. 5. Receiving, possession or sale of stolen goods [Cal. Penal Code § 496]. 6. Any felony offense involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, a peddler or itinerant merchant business or activity. D. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permittee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his 6 or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the city signed or unsigned. 5.64.090 Police Chief's Power to Order Cessation of Business Notwithstanding anything in this chapter to the contrary, the chief of police shall have the authority to order the immediate cessation of peddling or itinerant merchant activities upon revocation of a permit under this section if he or she deems it reasonably necessary for the preservation of the public health, safety or welfare. Prior to an action to require the immediate cessation of any such business, or within twenty-four (24) hours following such action, the chief of police shall issue a written notice to the permittee setting forth in detail the basis for such action. 5.64.100 Appeal of Permit Denial, Revocation or Suspension A. Any applicant for a peddler or itinerant merchant permit, or a permittee, shall have the right to appeal from a decision by the chief of police to deny a permit application or to revoke a permit, by filing with the city clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the city manager or by an administrative hearing officer designated by or at the request of the city manager, upon not less than fifteen (15) days written notice to the appellant. The city manager or the designated administrative hearing officer shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the city manager or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the city manager or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure Section 1094.6(b), with a copy submitted to the city clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6. Except as provided in Section 5.64.090, if a timely appeal is filed, any revocation shall be stayed pending the decision of the city manager. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one year following such final action. 5.64.110 Peddler or itinerant Merchant Permittee Responsibility The act or omission of any peddler or itinerant merchant permittee's partner, owner, associate, director, manager, officer, agent or employee shall be deemed for all purposes under this chapter to be the act or omission of the peddler or itinerant merchant permittee regulated by this chapter. 5.64.120 Peddling or Soliciting From Fixed Location Prohibited It shall be unlawful for any person to operate a peddler or itinerant merchant business from a fixed location in or on any public street, sidewalk, parking lot, right-of-way, city plaza, or other public property unless permitted in accordance with this chapter. 5.64.130 Conditions of Peddler or Itinerant Merchant Permit A. Each peddler or itinerant merchant permit issued by the chief of police or his designee shall be subject to the terms and conditions set forth in this chapter, and any additional conditions deemed reasonably necessary by the chief of police for the protection of the public health, safety or welfare. B. The provisions of this chapter shall constitute operating regulations conditioning each and every permit hereunder. It shall be unlawful for any person to engage in a peddler or itinerant merchant business or activity in violation of these provisions. C. Notwithstanding anything in this chapter to the contrary, no peddler or itinerant merchant shall operate or conduct his or her business or activity in a place or manner which would unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in or on any street, alley or sidewalk, or which would unreasonably obstruct vehicular sight distances. 5.64.140 Hours of Operation No person shall engage in a peddler or itinerant merchant business or activity upon any private place, or any street, sidewalk, right-of-way, or other public place in the city between the hours of nine p.m. (9:00 p.m.) or one-half hour after sunset, whichever comes first, and eight a.m. (8:00 a.m.) of the following day. 5.64.150 ID Display Reauirements A. Each person who is engaged in a peddler or itinerant merchant business or activity shall, at all times while so engaged, wear in plain sight on his or her person an identification (ID) card, provided by the chief of police or his designee, containing such information, including a suitable photograph, as the chief of police or his designee may require. The ID card shall be worn on the person's outermost garment, with the picture facing outward. B. Each person who is engaged in a peddler or itinerant merchant business or activity shall, at all times while so engaged, have affixed in a conspicuous place on each motor vehicle or mobile unit being used in such business or activity, an identifying placard or other identifying emblem, to be provided by the chief of police or his designee. 8 5.64.160 Garbage Disposal No peddler or itinerant merchant shall discard or deposit, or cause or allow to be discarded or deposited by any customer or person solicited, any garbage, sewage or any other waste materials or products onto any public or private property or into any public or private storm drain system. All motor vehicles and mobile units being used in a peddler or itinerant merchant business or activity shall be equipped with trash receptacles large enough to contain all refuse generated by the operation of such motor vehicle or mobile unit. 5.64.170 Noise Requirements Any person engaged in a peddler or itinerant merchant business shall comply with all applicable noise regulations. 5.64.180 Parking and stopping restrictions—Motor vehicle -based and mobile unit peddlers and itinerant merchants A. It shall be unlawful for any motor vehicle -based or mobile unit peddler or itinerant merchant to: 1. Permit any motor vehicle or mobile unit from which his or her business is being conducted to remain standing or stopped, for purposes of conducting said business, at any place on a public street, sidewalk, parking lot, right-of-way, or other public place, or within five hundred feet (500') thereof, for a total period of time exceeding fifteen (15) minutes within any two (2) hour period. 2. Make any stop, for the purpose of making or soliciting any sale upon any public street, sidewalk, right-of-way, or other public place, within five hundred feet (500'), measured along the traveled way of any public street or streets, of any school property. B. It shall be unlawful for any motor vehicle -based or mobile unit peddler or itinerant merchant to conduct his or her business or activity from any motor vehicle or mobile unit upon any public street except from or at the side of such motor vehicle which is nearest to the curb of such street. C. No motor vehicle -based or mobile unit peddler or itinerant merchant shall stop to conduct his or her business or activity from a motor vehicle or mobile unit within two hundred feet (200') of another motor vehicle -based or mobile unit peddler or itinerant merchant who has already stopped to conduct business. 5.64.190 Interstate Commerce None of the fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a fee is believed by a peddler or itinerant merchant to place an undue burden on interstate commerce, he or she may apply to the city 9 manager, before or up to six (6) months following payment of the fee, for an adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to such commerce. The applicant shall, by affidavit and supporting evidence, show his or her method of business and the gross volume or estimated gross volume of business, and other information as required by the city manager to determine the extent of the burden on interstate commerce. The decision of the city manager may be appealed to the city council. 5.64.200 Violations and Penalties A. Any violation of this chapter shall be punishable either as an infraction or as a misdemeanor, or by any remedy available to the city under this code, or under state law. B. Any individual convicted of a violation of this Chapter shall be: 1. Guilty of an infraction offense and punished by a fine not exceeding $100.00 for the first violation; 2. Guilty of an infraction offense and punished by a fine not exceeding $200.00 for the second violation of the same offense and perpetrated by the same permittee; 3. The third and any additional violations of the same provision within 12 consecutive months shall be punished by a fine not exceeding $1,000.00 or six months in jail, or both. C. Notwithstanding the foregoing, a first offense may be charged and prosecuted as a misdemeanor. 5.64.210 Seizure of Goods Upon the citation or arrest of any person for violation of Section 5.64.040 of this chapter, the city may seize and impound all perishable and nonperishable goods in the possession of the unlicensed peddler or itinerant merchant. "Goods" means any consumable items, foods, beverages, merchandise or wares, being oared for sale. "Perishable" means any item or items that spoil, perish or decay rapidly; or are likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, beverages and flowers. 5.64.220 Procedure for Release of Perishable Goods A. Following citation or arrest pursuant to Section 5.64.040 of this Chapter, the unlicensed peddler or itinerant merchant shall sign a declaration, which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods. B. The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the peddler or itinerant merchant arrested or cited, in order to provide that owner with an opportunity to retrieve the goods within twenty-four hours. The 10 rightful owner, as set forth in the declaration described in subsection A of this section, must present valid identification to the city before the city will release any seized goods. C. If the unlicensed peddler or itinerant merchant claims to be the rightful owner of the seized perishable goods, such peddler or itinerant merchant must present valid identification to the city, and must sign the declaration described in subsection A of this section declaring himself or herself to be the rightful owner. In such case, the city shall provide such peddler or itinerant merchant the opportunity to either: 1. Contact, with one phone call (which one phone call shall be in addition to any other phone calls permitted by law to an arrestee), another individual to pick up the seized perishable goods within twenty-four hours; or 2. Sign a release allowing the city to immediately dispose of or donate any seized perishable goods if the goods cannot be picked up within 24 hours. D. Prior to releasing, disposing or donating any perishable goods seized pursuant to Section 5.64.210 of this Chapter, the city shall inspect, and take photographs and any necessary samples of such goods to maintain as evidence. E. Any perishable goods not retrieved within twenty-four hours shall be immediately donated or discarded by the city, with no liability to the city for such action. F. Nothing contained in this chapter shall limit the authority of the city to cite the owner of the seized goods for violations of this code. G. The police chief may adopt reasonable rules and regulations, not inconsistent with this chapter, in order to implement this section. 11