HomeMy WebLinkAbout09-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY OF
SAN BERNARDINO ADDING
CHAPTER 5.19 TO THE SAN
BERNARDINO MUNICIPAL CODE
REGARDING PROHIBITING SEX
OFFENDERS FROM PEDDLING
AND SOLICITING AND REPEALING
SECTION 5.04.605 REGARDING
HOUSE-TO-HOUSE SOLICITORS.
Dept: City Attorney
Date: August 4, 2008
Synopsis of Previous Council action:
Recommended for approval by the Legislative Review Committee on May 20, 2008. Referred back to Legislative
Review Committee by Common Council on June 2, 2008. Recommended for approval by the Legislative Review
Committee on July 22, 2008.
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: James F. Penman Phone: 5355
Supporting data attached: Staff Report Ward: ALL
FUNDING REQUIREMENTS: Amount: NONE
Source: (Acct. No.)
(Acct. Description)
I Finance:
Council Notes:
75-0262 Agenda Item No., _
STAFF REPORT
Council Meeting Date: August 4, 2008
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: July 23,2008
AGENDA: August 4, 2008
This ordinance adds a new chapter to the San Bernardino Municipal Code to regulate
peddlers and solicitors. This ordinance requires all peddlers and solicitors, including ice cream
vendors, to obtain a license.
The ordinance requires peddlers and solicitors to apply for the license with the City Clerk
and provide information that will be forwarded to the police department for an investigation.
There are certain conditions in which the City Clerk is prohibited from issuing a license,
including to those individuals that are required to register under Penal Code Section 290 (sex
offenders). The ordinance provides for an exemption from the licensing requirements for
children selling goods for school, charity, or other fund raising events. Tax exempt organizations
will be exempt from the licensing fee,but will still be required to obtain a license.
The ordinance also deletes current section 5.04.605 that previously dealt with house to
house solicitors. The new chapter is far more restrictive than 5.04.605.
The Legislative Review Committee recommended approval of this item on May 20, 2008.
At the June 2, 2008 Council meeting this item was referred back to the Legislative Review
Committee so that concerns expressed by the City Clerk's Office could be addressed. The
Legislative Review Committee recommended approval of this item on July 22, 2008.
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1 ORDINANCE NO.
2
3 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
4 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITING
5 SEX OFFENDERS FROM PEDDLING AND SOLICITING AND REPEALING SECTION
6 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
7 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
8 DO ORDAIN AS FOLLOWS:
9
10 SECTION 1. Chapter 5.19 is hereby added to the San Bernardino Municipal
11 Code to read as follows:
12 Chapter 5.19
13 Peddling and Soliciting
14
15 5.19.010 Definitions.
16 A. Peddling means the act by any person of going from house to house, place to
17 place, or in or along the streets within the City, either on foot, by wagon, cart,
18 automobile,motor truck,ice cream cart,ice cream wagon,ice cream truck,or any
19 conveyance, selling and making immediate delivery of, or offering for sale and
20 immediate delivery of, any goods, wares, merchandise or anything of value, in
21 possession of the person.
22 B. Soliciting means the act by any person of going from house to house, place to
23 place, or in or along the streets within the City, selling or taking orders for, or
24 offering to sell or take orders for, goods, wares, merchandise or other things of
25 value for future delivery, or for services to be performed in the future, or asking
26 for charitable donations.
27 5.19.020 Permit Required.
28 A. It shall be unlawful for any person to engage in the business of peddling goods,
S-/v/d�- 32-- 1 ��
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
3 PROHIBITING SEX OFFENDERS FROM PEDDLING AND SOLICITING AND
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 wares, merchandise, fruits and vegetables or prepared/prepackaged foods,
6 including but not limited to:ice cream;or of soliciting orders for goods or services;
7 or of soliciting donations for charity in an open public place or door to door within
8 the city without first having secured a peddling or soliciting permit. A separate
9 permit shall be required for each person who will be peddling or soliciting.
10 B. Permits shall be issued for a one-year period. Upon expiration of the permit,the
11 former permitee may apply for a new permit in the same manner as a new
12 applicant, except that if the permitee applies for a new permit before the old
13 permit expires,the old permit shall remain in force until the City Clerk, or his or
14 her designee, either approves or denies the application for the new permit.
15 5.19.030 Application for Permit and Permit Fee.
16 A. Permit Application. The applicant for any peddling or soliciting permit shall
17 provide to the City Clerk,or his or her designee, on a form prepared by the Clerk
18 the following information:
19 1. The name, address, and telephone number of the applicant;
20 2. The place and date of any conviction within the past ten years for a crime
21 of moral turpitude, criminal battery, fraud, burglary or theft of the
22 applicant;
23 3. Such fingerprints and/or other documents which reasonably relate to
24 permitting under this Title, as may be required by the police department,
25 of the applicant;
26 4. A copy of the State of California Sales Tax Permit(Revenue and Taxation
27 Code §6066) for the applicant's activities attached to the
28 application;
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
3 PROHIBITING SEX OFFENDERS FROM PEDDLING AND SOLICITING AND
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 5. A general description of the type of merchandise or service that the
6 applicant proposes to peddle or solicit;
7 6. A statement that the applicant is not required to register under California
8 Penal Code section 290, et seq.; and
9 7. If the applicant is a corporation,a list of all officers,directors and majority
10 stockholders.
11 B. Permit Application Fee. Each application shall be accompanied by a non-
12 refundable investigative fee established by resolution of the Mayor and Common
13 Council.
14 5.19.040 Police Department Investigation
15 Upon the filing of the application required by §5.19.030,together with the application
16 fee(s),the City Clerk,or his or her designee,shall transmit one copy to the police department. The
17 applicant shall cooperate with the police department in conducting their investigation and shall,if
18 requested, provide the police department other documents or materials which may be requested
19 which reasonably relate to the course of the department's investigation. Within forty-five calendar
20 days of the date the application is filed with the City Clerk,the Chief of Police shall report to the
21 City Clerk in writing recommending approval or denial of the permit and stating the reasons
22 therefore.
23 5.19.050 Permit Procedures.
24 A. The City Clerk, or his or her designee, shall not issue a Peddler's or Solicitor's
25 Permit unless all of the following requirements are met:
26 1. The applicant has submitted a correct and complete application form both
27 as to the applicant and, if applicant is a corporation, a list of the
28 corporation's officers, directors and majority stockholders;
3
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
3 PROHIBITING SEX OFFENDERS FROM PEDDLING AND SOLICITING AND
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 2. The applicant has provided fingerprints, if requested by the police
6 department, of the applicant;
7 3. The applicant has paid the application fee;
8 4. Neither the applicant nor, if the applicant is a corporation, the
9 corporation's officers, directors and majority stockholders has within the
10 past ten years been convicted of a crime of moral turpitude, criminal
11 battery, fraud, burglary, or theft;
12 5. Neither the applicant nor, if the applicant is a corporation, the
13 corporation's officers, directors and majority stockholders has ever been
14 convicted of a crime that requires registration under California Penal Code
15 section 290; and
16 6. If required, the applicant has obtained a food permit from the County of
17 San Bernardino Environmental Health Department.
18 B. Any person denied a permit pursuant to this chapter shall not peddle or solicit
19 within the City. Upon determination of grounds to deny a permit,the City Clerk,
20 or his or her designee, shall cause a"Notice of Denial"to be mailed by first class,
21 postage prepaid mail, to the notice address designated by the applicant.
22 C. Any person denied a permit pursuant to these provisions may appeal pursuant to
23 section 5.82.100 through 5.82.150 of this code.
24 D. All permits issued hereunder are nontransferable.
25 5.19.060 Display of Permit.
26 Every person to whom a permit has been granted shall display the permit in a conspicuous
27 place at all times while peddling or soliciting. Failure to display the permit is a violation of this
28 chapter.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
3 PROHIBITING SEX OFFENDERS FROM PEDDLING AND SOLICITING AND
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 5.19.070 Tax Exempt Organizations Exemption to Payment of Permit Fee.
6 Whenever any person intends to peddle or solicit goods,wares, services or merchandise
7 for the purpose of raising funds or soliciting donations for a tax exempt organization,said applicant
8 may apply to the City Clerk for a permit to be issued without payment of the permit fee. If satisfied
9 that the funds will be used for the purposes mentioned herein, the City Clerk shall order the
10 issuance of a permit for said peddling or solicitation for a term fixed by the City Clerk.
11 5.19.080 Exemption for Children Selling for School, Charity, or Other Fund Raising
12 Events.
13 This chapter shall not apply to children selling items for school, charity, or other fund
14 raising events.
15 5.19.090 Violation Penalty.
16 Any person violating this Chapter is guilty of a misdemeanor which, upon conviction
17 thereof, is punishable in accordance with the provisions of Section 1.12.010 of the Code.
18 5.19.100 Supplemental procedure.
19 The prohibitions set forth in this chapter are supplemental to any similar prohibitions set
20 forth in state law.
21 5.19.110 Severability.
22 Should any provision, section,paragraph, sentence, or words of this Ordinance be
23 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by
24 reason of any preemptive legislation,the remaining provisions,sections,paragraphs,sentences,and
25 words of this Ordinance shall remain in full force and effect.
26 ///
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
2 CHAPTER 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
3 PROHIBITING SEX OFFENDERS FROM PEDDLING AND SOLICITING AND
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 SECTION 2. Section 5.04.605 ofthe San Bernardino Municipal Code, regarding
6 house-to-house solicitors, is hereby repealed.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
2 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITING
3 SEX OFFENDERS FROM PEDDLING AND SOLICITING AND REPEALING SECTION
4 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on
7 the_day of , 2008 the following vote, to wit:
8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
16
17
18
Rachel G. Clark, City Clerk
19
20
21 The foregoing ordinance is hereby approved this_day of , 2008.
22
23
PATRICK J. MORRIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26 JAMES F. PENMAN,
City Attorney
27
28 By:
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