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HomeMy WebLinkAboutORD 060 1986 0106ORDINANCE NO. 60 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADDING CHAPTER 2 TO TITLE 5 OF THE MOORPARK MUNICIPAL CODE, PERTAINING TO PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS; AND REPEALING ARTICLE 3 OF CHAPTER 3 OF DIVISION 2 OF THE VENTURA COUNTY ORDINANCE CODE, AS ADOPTED BY THE CITY OF MOORPARK SEPTEMBER 21, 1983, BY ORDINANCE NO. 6. THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 2 is hereby added to Title 5 of the Moorpark Municipal Code, to read as follows: "CHAPTER 2. PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS ''Sec. 5.02.010. License Required - No person, whether a resident of the City or not, or whether the person maintains or is employed at an established place of business or not, shall engage in the City in the business of peddler, hawker, transient or itinerant merchant, solicitor, drummer, or canvasser or telephone solicitor without first obtaining a license therefor. "Sec. 5.02.020. Exception - Section 5.02.010 shall not apply to an employee who operates a vehicle owned by his employer if his employer engages in business by selling and delivering his products from two or more vehicles used in his trade, and the employee personally appears before the Sheriff and: "(a) Submits to the Sheriff such information as the Sheriff shall require. "(b) As fingerprinted and photographed by the Sheriff. "(c) Obtains an identification card from the Sheriff containing such information as the Sheriff shall require. "(d) Carries his identification card on his person at all times that he is engaged in the business of his employer. "(e) Exhibits his identification card whenever requested to do so by law enforcement officer or any person with whom he is engaged in selling or soliciting. "Sec. 5.02.030. Definitions "(a) Peddler - A peddler is defined as any person who goes from house to house or from place to place seeking to make concurrent sale and delivery of the goods, wares and merchandise in which he deals, including, but not limited to sale and delivery of foods. -1- "(b) Hawker - A hawker is a peddler who not only carries - goods for sale, but seeks for purchasers either by shouting, or by attracting notice and attention to them as goods for sale by actual exhibition or exposure of theta, -by placards or labels, by the sound of a horn, or by other means. Each employee of a hawker is required to obtain a hawker's license. "(c) Transient or Itinerant Merchants - A transient or itinerant merchant is any person who establishes himself in business with the intention and determination to remain in business for a short period of time only, whether such period is a definite or indefinite one, such as a period of one or more weeks or months, or until a particular stock of merchandise is disposed of, or until the local market for the commodity handled by the dealer has been exhausted, and who for such limited period engages or occupies a building or other place for the exhibition and sale of his goods or wares. "(d) Solicitor, Drummer or Canvasser - A solicitor, drummer, or canvasser is any person who goes from place to place or from house to house taking or attempting to take orders for the sale of goods, wares or merchandise of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he is collecting advance payments. "(e) Telephone Solicitor - A telephone solicitor is any person who, by use of the telephone, solicits invitations from owners or occupants of private residences for the purpose of taking or attempting to take, or who takes or attempts to take, orders for the sale of goods, wares and merchandise, of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he is collecting advance payments. "Sec. 5.02.040. Application - Any person desiring to obtain a license required by this Chapter shall appear personally before the Sheriff and make a written application to the Sheriff therefor, stating the following information: "(a) The name and description of the applicant. "(b) The permanent home address and full local address of the applicant. "(c) The nature of the business to be conducted. "(d) The name and address of the employer, if any. "(e) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed therefor, exclusive of the city ordinance violations and violations of the Vehicle Code not constituting a felony. -2- "(f) A statement as to the number of vehicles used in his trade and from which the applicant's products are sold and delivered. "Sec. 5.02.050. Photographs and Finerprints - Each applicant shall be photographed and fingerprinted. "Sec. 5.02.060. Approval - If the Sheriff finds that the application provided for in Section 5.02.040 hereinabove complies with all the requirements of this Chapter, he shall approve the application. "Sec. 5.02.070 - Contents of License - The form of any license required by this Chapter shall contain the following information: "(a) The nature of the business to be conducted. "(b) The name of the licensee. "(c) The place for which the license is issued. "(d) The amount paid for the license. "(e) The date upon which the license is issued. "(f) The date of expiration of the license. "(g) The name of each person or company for whom the licensee will act or work. "Sec. 5.02.080 - Fees - The fee for obtaining any license required by this Chapter shall be established by resolution of the City Council. "Sec. 5.02.090 - Subsequent License - One license may be obtained by any person engaging in one or more of the businesses specified in Section 5.02.030 hereinabove, irrespective of the number of bonafide employers designated by the applicant for the license. A licensee may not engage in any business not designated in the license form or may not engage in any business for an - employer not designated in the license form unless and until he obtains another license for that business or employer. "Sec. 5.02.100 - Exhibiting Licenses - The license shall be exhibited by the licensee whenever requested by a law enforcement officer or any person with whom the licensee is engaged in soliciting or selling. "Sec. 5.02.110 - Exemptions - The provisions of this chapter shall not apply to the following persons: "(a) Wholesale Salesmen - Persons selling to or soliciting of established places of business. "(b) Invitees - Persons invited to call upon private residences by the owner or occupant thereof for purposes of peddling or soliciting. -3- "Sec. 5.02.120 - Void Issuance - A license is void from the date of issuance if any statement or information submitted by the applicant pursuant to Section 5.02.040 hereinabove is totally or partially untrue. "Sec. 5.02.130 - Hours of Privacy - No person required to be license pursuant to this Chapter shall go to or enter any residence, hotel or other dwelling place between the hours of 7:00 p.m. to 9:00 a.m. for the purpose of engaging in the business for which he is licensed, except upon invitation of the occupant of the dwelling place. "Sec. 5.02.140 - Location - No person required to be licensed pursuant to this Chapter shall go to or enter an area within one - quarter mile of any elementary or high school between the hours of 8:00 a.m. and 4:00 p.m. on days school is in session for the purposes of engaging in the business for which he is licensed. "The prohibition of this section shall not apply to any person invited to call to the elementary or high school by the principal of the school or other authorized person thereof, nor shall it apply to any person engaged in a business not having a special attraction for children of school age. "Sec. 5.02.150 - Vehicle Tags - Any applicant for a license required by this Chapter, who engages in business by selling or delivering his products from two or more vehicles used in his trade, shall obtain a vehicle tag or sticker for each vehicle used in his business. At the time the license is issued the Sheriff shall issue also an appropriate metalic tag or gummed sticker for each vehicle owned or operated by such person and used by him in his business. The fee for each such tag or sticker shall be established by resolution of the City Council. The fee required by this section is in lieu of the fee required by <<: Section 5.02.080 hereinabove. "Sec. 5.02.160 - Parking Restrictions - No person licensed pursuant to the provisions of this Chapter, while engaged in the business of selling or ? delivering products from a vehicle used in his trade, including but not limited to the sale of foods, shall stop such vehicle for more than twenty (20) minutes in any one location on any public street or public right of way, or on any private property within the City. i Sec. 5.02.070 - Temporary Permits - An applicant who complies with the provisions of this Chapter may be issued a temporary permit to expire thirty (30) days after the date of issuance. Such permit shall be surrendered to the Sheriff at the time the regular permit is issued or the thirty (30) day time period elapses, whichever occurs first." , SECTION 2. That Article 3 of Chapter 3 of Division 2 of the Ventura County Ordinance Code, as adopted by the City of Moorpark on September 21, 1983, by Ordinance No. 6, is hereby repealed. SECTION 3. That this ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said C` -; shall make a minute of the passage and adoption thereof in the records of the i 2edings of the City Council at which the same is passed and adopted; and shall, -4- within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, . for--the City of Moorpark, and which is hereby designated for that purpose. Passed and adopted this 6th day of January , 198 6 ATTEST: -5- ayor of the City of Moorpark, California STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, DORIS D. BANKUS , City Clerk of the City of Moorpark, Calfiornia, do hereby certify that the foregoing Ordinance No. 60 was adopted by the City Council of the City of Moorpark, at a regular meeting thereof, held on the 6th day of January . 19 86, and that the same was adopted by the follow 'hg vote, to wit: AYES: Councilmembers Yancy- Sutton, Woolard, Ferguson, Prieto and Mayor Weak; NOES: None; ABSENT: None. WITNESS my hand and the official seal of said City this 6th day of January , 19 86 (SEAL)