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Ordinance 1505-.-_ s ,,-,_ _ • • • -. ORDINANCB NO. tSOS Ali ORDZNANCB OP THB CITY COONCIL OF THB CITY OP COPSRTINO AltBDIDING CSAPTBR 5.20 AN THB MONICIPAL CODB RELATING TO TSB RBGOLATION OF SOLICITORS The City Council of the City of Cupertino hereby amends Chapter 5.20 of the !lunicipal Coda as follows':. Section I -Amendment _ -.:: Chapter 5.20 ~ _,. : ~r~~a~ Solicitors _,: ~~!~ c ~s ., ~a~ Sections 5.20.010 Definitions ca 5.20.015 Bzemption ,~, 5:20.020 Solicitors' Identification iPermit -Required Application ~ ~_ 8.20..030 Solicitora' Identification Permit -Prerequisite for easiness License .,.. 5,.20.040 .Solicitors' Identification Permit -Issuance 5:20.050 Solicitora' Identification Permit -Denial -Appeal- ,. 8.20.060 Solicitors' Identification Permit -Revocation -Grounds ~:... 5.20.070 Solicitors' Identification Pesmit -Revocation -Appeal... 3.20.080 Vehicle Regulations 5.20.090 Prohibited Times ..., 3.20.100 Administrative Authority:....; _,_ ,v,-2~ 5.20.it0 Permits -.Nontransferable ~;• t 5.20.120 Identification Permits - Posseasion Required - Display 5.20.130 Violation - Penalty 5.20.140 Posted Premises '` 5.20.150 Severability 5.20.010- Definitions. - - `' Por the purposes of this chapter the following words and phrases shall have the meanings respectively asccibed to them by this section: 'Solicitor' means any person, including .salesman and vendor, who engages in the business of going from house to house, place to place, or to any one house or to any one place, or in or along the streets, within the City, selling or taking orders for, or offering to sell oc take orders for goods or offering for immediate delivery, wares, merchandise, services, or other things of value, to persona other than manufacturers, whole- salers, jobbers, os retailers in such commodities or services. (Ord. 516 S 1, 1971). 5.20.015 S:emption. The provisions of this chapter shall not apply to any person soliciting on behalf of any religious, charitable, educational, or political organization or to any person who is atempt from the provisions of this chapter by virtue of the constitution or statutes of the United States of America or of the State of California. 5.20.020 Solicitor's Identification Permit - Required Application. 2 A. No person shall act as a solicitor, as defined by this chapter, within the City, without an identifi- cation permit, as hereinafter provided. 8. in addition to any informtion required by-the City for the issuance of a businaaa license for the con- duct of the business or occupation of a solicitor as defined by this chapter, and for which a business li- cense is required by the business licensing code, the applicant for a business license shall first submit an application for an identification permit to the City: Manager. The permit shall only be issued by the City Manager after an investigation is made by him, and in making the investigation the City Manager .shall be furnished by the applicant with the following infor- mation and records: 1. Name, date of birth and description of applicant= 2. Address, legal and local (if say?t 3. A brief description of the nature of the business, and the goods, wares, merchandise and services to be sold or furnished= ~. if employed, the name and address of the employer, together with credentials establishing the exact relationship. 5. The length of time applicant wishes to, do business within the City= 6. If a vehicle is to be used, a description. of the same, together with license number or other means 3 of identifications 7. Two recent photographs of the applicant, which show the head and ^houlders of the applicant in a clear and distinguishing manners 8. Fingerprints of the applicant to be taken by the sheriff's department of Banta Clara County or a designated agencys and 9. A atntement as to whether or not the appli- cant has been convicted of a crime, felony or misde- meaaor, the nature of the offence and the punishment or penalty assessed therefor. (Ord. 516 S 2, 1971) 5.20.030 Solicitor's identification Permit - Prerequisite for Business License. The information require8 by Section 5.20.020 shall be furniahed to the City Manager in conjunction with the application fora buainese license for the occupation of a solicitor of goods or services. The furnishing of such information and the investigation by the City Manager shall be necessary conditions precedent to the granting of each a permit or buainese license. (Ord. 516 S 3, 1971). 5.20.Oi0 Solicitor's Identification Permit - Is~uance. The City Manager, upon being advise8 of the appli- cation of an applicant for a buainese license for the occupation of a solicitor of goods or services in the City, and upon being furniahed with the information and records required by the provisions of this chapter 4 e ~• shall investigate the npplicant. Zf, ns a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the City Manager shall grant an identification permit in favor of the applicant for the carrying on of the business or oc~upation'of a solicitor of goods or services in the City, which permit ahnll be valid for a period of ninety days only, and subject to the revocation provisions of this chapter. (Ord. 516 S 4, 1971) 5.20.050 Solicitor's Identification Permit - Denial - Appeal. if as a result of the investigation, as provided by this chapter, the applicant's character or business responsibility is found to be unsatisfactory, the City Manager shall make written findings and reasons for disapproval, and shall notify the applicant that his application is disapproved and that no identification permit or business license will be issued. Opon the disapproval of the application, as a result of the findings of the City Manager, any person aggrieved by the action of the City Manager, and the denial of the application for an identification permit and a business license, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within ten days after notice of the action complained of has been mailed to the applicant's last known address, or to the applicant's address ae appear- ing on his application, a written statement setting 5 forth fully the grounds of appeal, The City Council shall set a time and place for a hearing of such appeal and notice shall be given to the appellant by mail,.. postage prepaid, to his address, ns aforesaid, at least five days prior to the date set for a hearing. The disposition and order of the City Council shall be final and conclusive. (Ord. 516 S 5, 1971) 5.20.060 8olicitor'a Identification Permit - [tevocation - Grounds. Identification permits issued under the provisions of this chapter may be revoked by the City Manager for any of the following reasons: A. Fraud - misrepresentation or false statements contained in the application for the permit; B. Fraud - misrepresentation or false statement-, made in the course of carrying on the buainesa of pad-. filing or soliciting; C. Conviction of any crime or misdemeanor involy- ing moral turpitude= D. Conducting the buainesa of peddling or solicit- ing of goods or services in an unlawful manner, or in such a manner ae to constitute a breach of the peace and to constitute a menace to the health, safety or morale. or general welfare of the public: and S. Any violation of this chapter or of the bus- , ineas license provisions of any other ocdinances of the.. City. (Ord. 516 S 9, 1971) 6 5.20.070 Solicitor's Identification Pera-it - Revocation - Appeal. Opon revocation of any identification permit issued under the provisions of this chapter, therCity::: Manager shall make written findings and reasons for -.-- revocation and transmit them to the permittee, whose. identification permit has been revoked, sad a copy there- of to the City Clerk. Revocation of an identification:: permit automatically revokes the business license to which the permit applies. The permittee whose identifi- cation permit has been revoked shall have the sight of appeal to the City Council in the same manner sad con. fortuity with the same procedure as set forth in 8ectian 5.20.050. (Ord. 516 S 10, 1971) 5.20.080 .Vehicle Regulations. _ A. It is unlawful for any solicitor, delivering or offering for sale, any goods, wares, merchandise or other products from any vehicle or conveyance withia_or upon any public street, to: 1. Permit any. vehicle, or other conveyance fran which the solicitor is soliciting. to remain standing or stopped, for soliciting purposes, at any place on any public street in the City for a period of time exceeding five minutes, except that the provisions of this para- graph shall not apply to the sale of foodstuffs to employees of industrial establishments at or adjacent to such establishments, or to workmen or employees at say construction job site, if the foodstuffs so sold to such 7 peraoas at such places are so sold to such employees or workmen for immediate consumption at each places] 2. Make any stop, for the purpose of making any sale upon any public street or other public place within five handre8 feet, measured along the traveled way of any public street or streets, of any school property] or 3. Make any stop, for the purpose of selling any product, within five hundred feet, measured along the traveled way of any public street or streets, of any commercial estnblishment which sells such products at retail, except that the provisions of this paragraph shall sot apply to the sale of toodatuffa to employees of industrial establishments at or adjacent to such establishments, or to the workmen or employees at any construction job site, if the foodstuffs so sold to such employees at any construction job site, if the food- atuffa ao sold to such employees or workmen are for immediate consumption at such places. B. It is unlawful for say solicitor to sell any goods, wares, merchandise or other products from any vehicle or conveyance within or apon any public street except from or at the side of such vehicle or other conveyance which is nearest to the curb of such street.` (Ord. 516 S 12, 1971) 5.20.090 Prohibited Times. No person ehnll act ns a solicitor as defined by this chapter, within residential areas of the City, 6e- 8 tweea the hours of si: p.m. and nine a.m. of the fohorr- ag,day. .(Ord. 137, 1988e Ord. 810 (part), 1977)' 5.20.100 Admiaiatratlve 1lnthority. There is conferred upon the City Manager those'"~ powers.and duties necessary'for the administration of tbis chapter. in addition, there is also conferred neon the. City Manager the authority and poser to designate"` such .City: officers and employees-aa may be required to` carry out the intent and purpose of this chapter. (Ord. 516 S 13, 1971) 5.20.110 Identification Permits - Nontransferable. No identification permit issued under the pro visions of this chapter shall be tcanaferable'and the same, ae issued, shall be personal to the person to-whom issued.. (Ord. 516 S 6, 1971Y .5:20..130 .Commercial and Noncommercial 'Ydentification '' ,Permits -'Possession Required - Display. Any identification permit issued under the pro-'` visions of this chapter shall be kept in the_poasesaion and on the person of the solicitor to whom it is issued, and upon demand of the City Manager, a member of the sheriff's department or a citisen to whoa they are soliciting, must be produced for examination. - 5.20.130 Violation - Penalty. Any person violating any of the provisions of this chapter or knoeingly or intentionally misrepresenting to any officer or employee of this City any material fact` in procuring the permit herein provided for shall be 9 • deemed guilty of an infraction, and upon conviction thereof.. shall be punishable as provided in Chapter T 12. (Ord. 810 (part), 1977s Osd. 515 S 14, 1971) 5.20.140 Posted Premises. No .person shall, solicit or attempt to solicit at`` any residential premises whets the occupant hu-posted a sign clearly and obviously visible from an access"way used by .the solicitor which states, in letters at least three-fourths inch in he. iQht~,~~tr~s+_irb k-_! gcound, "No Soliciting Allowed" or words to that effect. (Ord. .810 (part), 1977) 5.20.160 Severability. If any section, subsection, subdivision, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise void or invalid, by any court of competent jurisdiction, the validity of 'the remaining. portions of .this chapter shall not be affected thereby. Section ZI - Publication The City Clerk shall cause this ordinance to be'` published at least once in a newspaper of general circu- lotion published and circulated in the City within fif- teen (15) days after its peerage, in accordance pith- Section 36933 of the Government Codes shall certify to the adoption of this ordinance and shall cause this ordinance and her certification, together with proof o! 10 publication, to be entered in the Hook of Ordinances of the Council o! this City. INTRODDCED at a regular meeting of the City Council this 18th day o! saoeember , 1989, and ENACTED at a regular meeting o! the City Council this znd day of October , 1989, by the following votes Votes Members of the City Council: Ayess Gatto, Johnson, ttoppel, Rogeza, Plungq Noes s None Absents None Abstains Nona ATTEST: APPROVBDs y c~trx ~Ia~-or,/c/ity of Cu 11