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Home My WebLink AboutORD 103ORDINANCE NO. 103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGULATING 8%tCtTtNG, HAWKING AND PEDDLING. The City Council of the City of Palm Desert. California, DOES HEREBY ORDAIN as follows Sectionas 1. Purpose. 2. Definitions of Soliciting 3. Application to Peddle or Solicit - additional information. 4. Maximum Permit Period. S. Doctor's Statement. 6. Fee for Investigation. 7. Investigation of Application. S. Denial of Permit Notice. 9. Appeal - right to appeal. 10. Approval of Application - issuance of Permit. . 11. Photographs. 12. Exemptions. 13. Home SolicitAtions - disclosure requirements. 14. Conduct on Private Property. Section 1. Purpose: The purpose of this Ordinance is to protect the public health, f safety and welfare by protecting•the inhabitants of the community [ rom annoyance from exposure to canvassers and solicitors with propensities towards violence, rape, burglarly, kidnapping, robbery, assault, theft. threats, intimidation, cohercion, fraud, misrepre- se ntation, and other acts likely to cause loss orr damage to any Citizen's property or person voluntarily when contacted by any canvasser or solicitor. Section 2. Definition of Soliciting: Solicits either by sample or otherwise the purchase of goods, ware. merchandise. servicea, ma azines, periodicals, or other publica- tions (to secure advertisements, or subscriptions for the same; or Distributes goods, wares, merchandise or services of any kind from house to house, or upon any street, sidewalk, alley, or in any park or public place in the City; or Offers to any person, or distributes to any person. any coupon, certificate. ticket or card which is redeemable in goods. wares. mer- chandise or services of any kind; or for the purpose of obtaining information of any nature, whether for the purpose of selling mer- chandise or services or otherwise, and whether or not any monies are advanced. Section 3. Application to„goddle or solicit - additional n ormat one Applicants for permits, to eommenee. mianais, engage in main- tats conduct or carry on the budiness described in Section i. as poddier or solicitor aunt furnish to the Code Enforcement Supervisor the following additional informations a. NAME - DESCRIPTION. Name and description of applicant& b. ADDRESS. Permanent home address and full local address and telephone number of applicant& -1- . 10 KIND OF BUS NE8s. A brief description of the nature of the business and the goods to be sold: d. EMPLOYER • CREDENTIALS. If employedo the name and address of the eeployer. together with credentials establishing the enact relationship. e. DURATION OF PERMIT. The length of time for which the right to do business is desired; f. SOURCE OF STOCK. The place where the goods or property proposed to be sold or orders taken for the sale thereof. are manufactured or produced. where such ggoods or products are located at the time said application is filed; and the proposed method of delivery: S. PHOTOGRAPHS. Photographs of applicant and photograph of any vehicle used in such peddling or solicitation taken within sixty (60) days immediately prior to the date of filing application; KIND OF PHOTOGRAPH. Picture of applicant shall be two (2) inch by two (2) inch showing the head and shoulders of applicant in a clear and distinguishing manner; h. FINGERPRINTS - CHARACTER AND CREDIT REFERENCES. The fingerprints of applicant and the names of at least two (2) reliable property owners of the County of Riverside State of California. who will certify as to the applicants good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and credit ratings and business responsibility; i. CRIMINAL RECORD. A statement as to whether or not applicant (' has been convicted of any crime, misdemeanor or violation jt of any municipal ordinance, the nature of the offense and the punishment of penalty assessed thereof. Section 4. Maximum Permit Period. Any permit issued under this Ordinance shall be restricted to a maximum period of thirty (30) consecutive days. Renewal Permits may be issued upon request at no additional fee. Section S. Doctor's Statement. A statement by a reputable physician of the City dated not more than ten (10) days prior to submission of application, certify - in the applicant to be free of contagious, infectious or communic ab a disease shall be required. Section 6. Fee for investigation. At the time of filing such application, a fee of $20 shall be paid to the City to cover cost of investigation of the facts stated therein. Section 7. Investigation of Application. Upon receipt thereof, the original application shall be referred to the Chief of Police, who shall cause such investiga- tiom of applicant's business and moral character to be made as he do&" necessary for the protection of the public good. Section g. Denial of Permit - !notice. If, u a result of such investigation. applicant's character or business responsibility is found to be unsatisfactory, the Chief Of Toliee shall endorse on such application hie disapproval to the Cods Enforcement Supervisor, who shall notify applicant that his application is disapproved and that no permit will be issued. -2- 3attian_93 Appeal--Ritht_to Appeal. Any person aggrieved by the action of the Chief of Police or the Code Rnforcement Supervisor in the denial of a permit. shall Wave the right to appeal to the City Councils a. STATEMENT OF GROUNDS. Such appeal shall be taken by filing with the Council within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address. a written statement setting forth fully the grounds for appealt b. SMINO FOR HEARING - NOTIC6. The Council shall set a title and place for a hearing on such appeals and notice of hearing shall be given the applicant by mailing such notice, postage prepaid, to his last known address at least seven (7) days prior to the data set for hearing; C. FINALITY OF DECISION. The decision and order of the Council on such appeal shall be final and conclusive. Section 10. Approval of application - issuance of permit. If as a result of such investigation, the character and business responsibility of applicant are found to be satisfactory. the Chief of Police shall endorse on the application his approval and return said application to the Code Enforcement Supervisor, who shall upon payment of the prescribed fees, execute and deliver a ptrait to the applicant. This fee shall be in addition to any other licenses, fees or taxes required by any other law of the City. Section 11. Photographs. To each such permit there shall be attached photographs of permittee and of any vehicle used in the business, such photographs to be identical with those filed by permittee with his application pursuant to Section 3. Section 12. Exemptions. a. Any person who is engaged in. or acting as an agent for, any business entitled to an exemption from local taxation by reason of its being engaged in interstate commerce, shall be required to make application in accordance with the requirements of this Ordinance, but shall be exempt from the Business License fee as provided in Palm Desert Ordinance 60, Category IX, but shall be charged the minimum gross receipt fee of $50.00, Category I. b. This section shall not be deemed to apply to advertising or promotional schemes by local or out of town retail or wholesale business houses. or any other similar establishment business. but its application shall be limited to only those businesses or operations whose only method of sale is through door-to-door or place -to -place solicitation or other method of paddling. Section 13. Nome Solicitations - disclosure requirements. It is unlawful for any person to solicit a sale or order for sale of goods or services at the residence of a prospective buyer. In person or by memo of telephone, without clearly affirmatively and expressly revealing at the time the person initially contacts the prospective buyer and before making any other statement except a greeting. or asking the prospective buyer any other question. that Allpurpo�e of the contact is to affect a sale. by doing all the .3- L a. Stating the identity of the person making the solicita- tion. b. Stating the trade nest or the fire or organization re- presented by the person making the solicitation. c. Stating the kind of goods or services being offered for sale. d. In the case of a (in person) contact, the person making the solicitation shall. in addition to meeting the re- quirements of a, b, and c. shall oppenl display on his person in a holder to be provided by t e City. identifica- tion which states the information required by paragraphs a. b, and c. Section 14. Conduct on Private Property. a. Solicitors shall not knock, disturb or attempt to gain admittance to a residence, business. publically owned place or other premise posted with a sign stating in substance. purporting to prohibit or otherwise indicat- ing the objection of occupants to peddling, canvassing or soliciting on the premises. b. Solicitors shall not remain upon a private property or business within the City of Palm Desert having been re- quested by the owner, or his agent, to leave. The City Clerk of the City of Palm Desert, California is hereby directed to cause this Ordinance to be published once within fifteen (15) days of adoption in the Palm Desert Post, a newspaper published and circulated within the City of Palm Desert, California. PASSED, APPROVED AND ADOPTED, this llth day of December . 1975. by the following vote: AYES: ASTON, BENSON, BRUSH, McPHERSON 3 CLARK NbE8: NONE AESMIT: NONE ATTESTi City of Tale Desert•, California -4-