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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 PROIDBITING 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.
Contact person:
James F. Penman
Phone:
5355
Supporting data attached:
Staff Reoort
Ward: ALL
FUNDING REQUIREMENTS:
Amount: NONE
Source: (Acct. No.)
( Acct. Description)
Finance:
Council Notes:
:#3~
Agenda Item 0 8 - 04 -D8
75-0262
STAFF REPORT
Council Meeting Date: August 4, 2008
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
July 23, 2008
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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27 5.19.020
28 A.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROIDBITING
SEX OFFENDERS FROM PEDDLING AND SOLICITING AND REPEALING SECTION
5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 5.19 is hereby added to the San Bernardino Municipal
Code to read as follows:
5.19.010
A.
Chapter 5.19
Peddling and Soliciting
Definitions.
Peddling means the act by any person of going from house to house, place to
place, or in or along the streets within the City, either on foot, by wagon, cart,
automobile, motor truck, ice cream cart, ice cream wagon, ice cream truck, or any
conveyance, selling and making immediate delivery of, or offering for sale and
immediate delivery of, any goods, wares, merchandise or anything of value, in
possession of the person.
Soliciting means the act by any person of going from house to house, place to
place, or in or along the streets within the City, selling or taking orders for, or
offering to sell or take orders for, goods, wares, merchandise or other things of
value for future delivery, or for services to be performed in the future, or asking
for charitable donations.
Permit Required.
It shall be unlawful for any person to engage in the business of peddling goods,
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING
PROmBITING SEX OFFENDERS FROM PEDDLING AND SOLICITING AND
REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
wares, merchandise, fruits and vegetables or prepared/prepackaged foods,
including but not limited to: ice cream; or of soliciting orders for goods or services;
or of soliciting donations for charity in an open public place or door to door within
the city without first having secured a peddling or soliciting permit. A separate
permit shall be required for each person who will be peddling or soliciting.
Permits shall be issued for a one-year period. Upon expiration of the permit, the
former permitee may apply for a new permit in the same manner as a new
applicant, except that if the permitee applies for a new permit before the old
permit expires, the old permit shall remain in force until the City Clerk, or his or
her designee, either approves or denies the application for the new permit.
Application for Permit and Permit Fee.
Permit Application. The applicant for any peddling or soliciting permit shall
provide to the City Clerk, or his or her designee, on a form prepared by the Clerk
the following information:
I. The name, address, and telephone number of the applicant;
2. The place and date of any conviction within the past ten years for a crime
of moral turpitude, criminal battery, fraud, burglary or theft of the
applicant and, if the applicant is a corporation, the corporation's officers,
directors and majority stockholders;
3. Such fingerprints and/or other documents which reasonably relate to
permitting under this Title, as may be required by the police department,
of the applicant and, if the applicant is a corporation, the corporation's
officers, directors and majority stockholders;
4. A copy of the State of California Sales Tax Permit (Revenue and Taxation
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B.
5.19.030
A.
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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.
Code ~6066) for the applicant's activities attached to the application;
5. A general description of the type of merchandise or service that the
applicant proposes to peddle or solicit;
6. A statement that the applicant is not required to register under California
Penal Code section 290, et seq.
B. Permit Application Fee. Each application shall be accompanied by a non-
refundable investigative fee established by resolution of the Mayor and Common
Council plus an additional non-refundable fee for each person designated by the
applicant to peddle or solicit under the license.
5.19.040 Police Department Investigation
Upon the filing of the application required by ~5.19.030, together with the application
fee(s), the City Clerk, or his or her designee, shall transmit one copy to the police department. The
applicant shall cooperate with the police department in conducting their investigation and shall, if
requested, provide the police department other documents or materials which may be requested
which reasonably relate to the course of the department's investigation. Within forty-five calendar
days of the date the application is filed with the City Clerk, the Chief of Police shall report to the
City Clerk in writing recommending approval or denial of the permit and stating the reasons
therefore.
5.19.050
A.
Permit Procedures.
The City Clerk, or his or her designee, shall not issue a Peddler's or Solicitor's
Permit unless all of the following requirements are met:
1. The applicant has submitted a correct and complete application form both
as to the applicant and, if applicant is a corporation, the corporation's
officers, directors and majority stockholders;
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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 PROmBITING 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 of the applicant and, if applicant
6 is a corporation, the corporation's officers, directors and majority
7 stockholders if so requested by the police department;
8 3. The applicant has paid the application fee;
9 4. Neither the applicant nor, if the applicant is a corporation, the
10 corporation's officers, directors and majority stockholders has within the
11 past ten years been convicted of a crime of moral turpitude, criminal
12 battery, fraud, burglary, or theft;
13 5. Neither the applicant nor, if the applicant is a corporation, the
14 corporation's officers, directors and majority stockholders has ever been
15 convicted of a crime that requires registration under California Penal Code
16 section 290; and
17 6. If required, the applicant has obtained a food permit from the County of
18 San Bernardino Environmental Health Department.
19 B. Any person denied a permit pursuant to this chapter shall not peddle or solicit
20 within the City. Upon determination of grounds to deny a permit, the City Clerk,
21 or his or her designee, shall cause a "Notice of Denial" to be mailed by first class,
2 2 postage prepaid mail, to the notice address designated by the applicant.
23 C. Any person denied a permit pursuant to these provisions may appeal pursuant to
24 section 5.82.100 through 5.82.150 of this code.
25 D. All permits issued hereunder are nontransferable.
26 5.19.060 Display of Permit.
27 Every person to whom a permit has been granted shall display the permit in a conspicuous
28 place at all times while peddling or soliciting. Failure to display the permit is a violation of this
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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 chapter.
6 5.19.070 Tax Exempt Organizations Exemption to Payment of Permit Fee.
7 Whenever any person intends to peddle or solicit goods, wares, services or merchandise
8 for the purpose of raising funds or soliciting donations for a tax exempt organization, said applicant
9 may apply to the City Clerk for a permit to be issued without payment of the permit fee. If satisfied
10 that the funds will be used for the purposes mentioned herein, the City Clerk shall order the
11 issuance of a permit for said peddling or solicitation for a term fixed by the City Clerk.
12 5.19.080 Exemption for Children Selling for School, Charity, or Other Fund Raising
13 Events.
14 This chapter shall not apply to children selling items for school, charity, or other fund
15 raising events.
16 5.19.090 Violation Penalty.
17 Any person violating this Chapter is guilty of a misdemeanor which, upon conviction
18 thereof, is punishable in accordance with the provisions of Section 1.12.010 of the Code.
19 5.19.1 00 Supplemental procedure.
20 The prohibitions set forth in this chapter are supplemental to any similar prohibitions set
21 forth in state law.
22 5.19.110 Severability.
23 Should any provision, section, paragraph, sentence, or words of this Ordinance be
24 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by
25 reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and
26 words of this Ordinance shall remain in full force and effect.
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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 of the San Bernardino Municipal Code, regarding
6 house-to-house solicitors, is hereby repealed.
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28 III
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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 PROIDBITING
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 COWlcil of the City of San Bernardino at a regular meeting thereof, held on
7 the _ day of _, 2008 the following vote, to wit:
ABSTAIN ABSENT
8 COUNCIL MEMBERS:
9 ESTRADA
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
AYES
NAYS
14 JOHNSON
15 MCCAMMACK
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Rachel G. Clark, City Clerk
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The foregoing ordinance is hereby approved this _ day of
,2008.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN,
City Attorney
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