HomeMy WebLinkAbout31-City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: James F. Penman, City Attorney Subject: AN ORDINANCE OF THE CITY +
SAN BERNARDINO ADDING
CHAPTER 5.19 TO THE SAN
BERNARDINO MUNICIPAL CODE
REGARDING PROHIBITING SEX
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OFFENDERS FROM PEDDLING
AND SOLICITING AND REPEALING
SECTION 5.04.605 REGARDING
HOUSE-TO-HOUSE SOLICITORS.
Dept: City Attorney
Date: June 2, 2008
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Synopsis of Previous Council action:
Recommended for approval by the Legislative Review Committee on May 20, 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
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Source: _ (Acct.No.)
(Acct. Description)
Finance:
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Council Notes: 1E�OmcD
&a
75-0262
Agenda Item No._,
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STAFF REPORT
Council Meeting Date: June 2, 2008
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: May 23,2008
AGENDA: June 2,2008
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.
1 ORDINANCE NO.
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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:
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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
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15 5.19.010 Definitions.
16 A. Peddling means the selling of merchandise which is transported from place to
17 place either by wagon, cart, automobile, motor truck, ice cream cart, ice cream
18 wagon, or ice cream truck, or any other type of conveyance, in the course of
19 approaching prospective customers or selling merchandise or services from door
20 to door.
21 B. Soliciting means asking or inviting persons to pay money in return for
22 merchandise or services to be delivered in the future or asking for a charitable
23 donations.
24 5.19.020 License Required.
25 A. It shall be unlawful for any person to engage in the business of peddling goods,
26 wares, merchandise, fruits and vegetables or prepared/prepackaged foods,
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27 including but not limited to: ice cream; or of soliciting orders for goods or
28 services; or of offering services for repair or improvement of real property; or of
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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 ANI)
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 soliciting donations for charity in an open public place or door to door within the
6 city without first having secured a peddling or soliciting license.
7 B. Licenses shall be issued for a one-year period. Upon expiration of the license,the
8 former licensee may apply for a new license in the same manner as a new
9 applicant, except that if the licensee applies for a new license before the old
10 license expires,the old license shall remain in force until the City Clerk, or his or
11 her designee, either approves or denies the application for the new license.
12 5.19.030 Application for License and License Fee.
13 A. License Application. The applicant for any peddling or soliciting license shall
14 provide to the City Clerk, or his or her designee, on a form prepared by the Clerk
15 the following information:
16 1. The name, address, and telephone number of the applicant;
17 2. The name,address and telephone number of each person designated by the
18 applicant to peddle or solicit under the applicant's license;
19 3. The place and date of any conviction within the past five years for a crime
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20 of moral turpitude, criminal battery, fraud, burglary or theft of the
21 applicant and, if the applicant is a corporation, the corporation's officer,".
22 directors and majority stockholders and each person designated by the
23 applicant to peddle or solicit under his or her license;
24 4. Such fingerprints and/or other documents which reasonably relate to
25 licensing under this Title,as may be required by the police department,of
26 the applicant and, if the applicant is a corporation, the corporation's
27 officers, directors and majority stockholders and each person designated
28 by the applicant to peddle or solicit under his or her license;
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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 copy of the State of California Sales Tax Permit(Revenue and Taxation
6 Code §6066) for the applicant's activities attached to the application;
7 6. A description of every type of merchandise or service that the applicant
8 proposes to peddle or solicit;
9 7. A description of the type, manufacturer and supplier of any goods to be
10 sold, if applicable;
11 8. A designation of the location or locations at which place(s)the applicant
12 proposes to peddle or solicit and the date(s) and time(s) of same;
13 9. A statement of whether the applicant and each person designated by the
14 applicant to peddle or solicit under his or her license has been convicted
15 of a crime that requires registration under California Penal Code section
16 290.
17 B. License Application Fee. Each application shall be accompanied by a non-
18 refundable investigative fee established by resolution of the Mayor and Commo11
19 Council plus an additional non-refundable fee for each person designated by t11c
20 applicant to peddle or solicit under the license.
21 5.19.040 Police Department Investigation
22 Upon the filing of the application required by §5.19.030,together with the application
23 fee(s),the City Clerk,or his or her designee,shall transmit one copy to the police department. The
24 applicant shall cooperate with the police department in conducting their investigation and shall, it
25 requested, provide the police department other documents or materials which may be requested
26 which reasonably relate to the course of the department's investigation. The police department
27 shall report to the City Clerk in writing recommending approval or denial of the license and stating
28 the reasons therefore.
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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 AN]
4 REPEALING SECTION 5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
5 5.19.050 License Procedures.
6 A. The City Clerk, or his or her designee, shall not issue a Peddler's or Solicitor's
7 License unless all of the following requirements are met:
8 1. The applicant has submitted a correct and complete application form both
9 as to the applicant and, if applicant is a corporation, the corporation's
10 officers, directors and majority stockholders and each person designated
11 by the applicant to peddle or solicit under his or her license;
12 2. The applicant has provided fingerprints of the applicant and, if applicant
13 is a corporation, the corporation's officers, directors and majority
14 stockholders and each person designated by the applicant to peddle or
15 solicit under his or her license if so requested by the police department;
16 3. The applicant has paid the application fee;
17 4. There is no known cloud upon title or ownership of the goods to be sold
18 by the applicant under the license;
19 5. Neither the applicant nor, if the applicant is a corporation, the
20 corporation's officers,directors and majority stockholders and each person
21 designated by the applicant to peddle or solicit under his or her license ha:;
22 within the past five years been convicted of a crime of moral turpitude,
23 criminal battery, fraud, burglary, or theft;
24 6. Neither the applicant nor, if the applicant is a corporation, the
25 corporation's officers,directors and majority stockholders and each person
26 designated by the applicant to peddle or solicit under his or her license has
27 ever been convicted of a crime that requires registration under California
28 Penal Code section 290;
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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 7. If required, the applicant has obtained a food permit from the County o{'
6 San Bernardino Environmental Health Department.
7 B. Any person denied a license pursuant to this chapter shall not peddle or solicit
8 within the City. Upon determination of grounds to deny a license,the City Clerk,
9 or his or her designee,shall cause a"Notice of Denial'to be mailed by first class,
10 postage prepaid mail, to the notice address designated by the applicant.
11 C. Any person denied a permit pursuant to these provisions may appeal to the
12 Common Council in writing,stating the reasons why the permit should be granted.
13 The Common Council may grant or deny the license. The Common Council may
14 also review any determination of the City Clerk granting or denying a license on
15 its own motion.
16 D. All licenses issued hereunder are nontransferable.
17 5.19.060 Display of License.
18 Every person to whom a license has been granted shall display the license in a conspicuous
19 place at all times while peddling or soliciting. Failure to display the license is a violation of this
20 chapter.
21 5.19.070 Tax Exempt Organizations Exemption to Payment of License Fee.
22 Whenever any person intends to peddle or solicit goods, wares, services or merchandise
23 for the purpose of raising funds or soliciting donations for a tax exempt organization,said applicant
24 may apply to the City Clerk for a license to be issued without payment of the license fee. If
25 satisfied that the funds will be used for the purposes mentioned herein,the City Clerk shall order
26 the issuance of a license for said peddling or solicitation for a term fixed by the City Clerk.
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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 5.19.080 Exemption for Children Selling for School, Charity, or Other Fund Raising
6 Events.
7 This chapter shall not apply to children selling items for school, charity, or other fund
8 raising events.
9 5.19.090 Violation Penalty.
10 Any person violating this Chapter is guilty of a misdemeanor which, upon conviction
11 thereof, is punishable in accordance with the provisions of Section 1.12.010 of the Code.
12 5.19.100 Supplemental procedure.
13 The prohibitions set forth in this chapter are supplemental to any similar prohibitions set
14 forth in state law.
15 5.19.110 Severability.
16 Should any provision, section, paragraph, sentence, or words of this Ordinance be
17 rendered or declared invalid by any final court action in a court of competent jurisdiction, or by
18 reason of any preemptive legislation,the remaining provisions,sections,paragraphs,sentences,and
19 words of this Ordinance shall remain in full force and effect.
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21 SECTION 2. Section 5.04.605 of the San Bernardino Municipal Code, regarding
22 house-to-house solicitors, is hereby repealed.
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1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
5.19 TO THE SAN BERNARDINO MUNICIPAL CODE REGARDING PROHIBITING
2 SEX OFFENDERS FROM PEDDLING AND SOLICITING AND REPEALING SECTION
5.04.605 REGARDING HOUSE-TO-HOUSE SOLICITORS.
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4 I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a regular meeting thereof,held on
6 the_day of , 2008 the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 BAXTER
10 BRINKER
11 DERRY
12 KELLEY
13 JOHNSON
14 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
23 City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
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27 By: •��
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