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HomeMy WebLinkAboutItem 6.1 Minors in Door-to-Door Sales . CITY CLERK File # ~rBJ0J-[h][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 16,1999 SUBJECT: ATTACHMENTS: RECOMMENDA TION: _ . _r/ ~~ r*"" c) d) e) PUBLIC HEARING: Minors Engaged in Door-to-Door Sales Report Prepared by Gmy Thuman, Police Chief 1) Ordinance Amending Chapter 4 .16 (Peddlers) of the Dublin Municipal Code Relating to Minors Engaged in Door-to-Door Sales Chapter 4.16 of the Dublin Municipal Code 2) Receive Staff Report Open Public Hearing and Take Testimony Close Public Hearing Deliberate Waive Reading and INTRODUCE Ordinance Amending Chapter 4.16 of the Dublin Municipal Code FINANCIAL STATEMENT: None . DESCRIPTION: The State recently enacted new regulations to improve the rights and safety of minors employed in door-to-door sales. Chapter 4.16 of the Dublin Municipal Code currently requires "peddlers," including door-to-door sales people to register with the Police Department. Consistent with the new State regulations, the proposed ordinance would broaden the definition of "peddlers" to include employers and supervisors of minors involved in door-to-door sales. The proposed ordinance would require the names and addresses of all such minors to be registered with the Police Department. The proposed ordinance would also require that any applicant for a peddler's permit be given a summary of the child labor laws of California. Consistent with the- regulations, the proposed ordinance does not require registration of minors who are: (1) news-carriers who solicit subscriptions or sell papers; (2) acting on behalf of a charitable or non-profit organization, such as the Boy Scouts or Girl Scouts; or (3) certain other minors identified in proposed Section 4.16.0501. Recommendation: Staff recommends that the Council conduct a public hearing, waive the reading and introduce the ordinance. . J:\ WPDIJ\1NRSWll14\O 1 \AGENTIA\1999\MlNORS.205 AUL:Ija COPIES TO: K2/G/2-16-99/as-peddlers ITEM NO. 6.1 . . . - /~~ ORDINANCE NO_ - 99 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.16 ("PEDDLERS") OF THE DUBLIN MUNICIPAL CODE RELATING TO MINORS ENGAGED IN DOOR-TO-DOOR SALES The City Council of the City of Dublin does ordain as follows: SECTION 1. Section 41.6.020 ofDMC "Definitions." Amended Section 4.16.020 "Definitions" of the Dublin Municipal Code is amended by adding the following new sentence at the end of the second paragraph: " 'Peddler' includes any person who exercises control, direction, or supervision, either directly or indirectly, of minors engaged in door-to-door sales. " SECTION 2. Section 4.16.050 ofDMC "Permit -- Application." Amended Section 4.16.050 "Permit -- Application." of the Dublin Municipal Code is amended by adding a new subparagraph "J." that reads as follows: "J. The names and addresses of any minor under the age of sixteen years to be used directly or indirectly in door-to-door sales, as well as proof of registration with the State Labor Commission. The information in this subparagraph J shall not be required to be provided by any of the following: (1) organizations using or employing minors engaged exclusively in the solicitation of subscriptions, or sale of newspapers door -to-door when such minor is employed by the newspaper and delivers the newspaper on a regular basis to an established readership for an agreed amount; (2) the parent or guardian of the minor; (3) persons acting on behalf of a bonafide trustee of charitable assets, or on behalf of a charitable organization; (4) government agencies (including schools); (5) any religious corporation or organization which holds property for religious purposes; (6) a bonafide cemetery corporation; (7) a bonafide political committee; or (8) a bonafide charitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a licensed health care service plan." SECTION 3. Section 4.16.060 ofDMC "Permit -- Investigation and issuance." Amended Section 4.16.060 ''Permit -- Investigation and issuance." of the Dublin Municipal Code is amended by adding a new subparagraph "D." that reads as follows: "D. Prior to issuance of a permit, the applicant will be given a copy of a pamphlet or other materials which summarize the child labor laws of California." Attachment 1 .'7/.5- .0 j SECTION 4. Posting and Effective Date This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. . The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this _th day of March, 1999, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk . J:\\\ 'PDIJ\1!\i"RSW\114\Ol IORD\19991J\1lNORS.205 ACL:Ija K2/G/2-16/99/ord-peddler . . . . 4.16.010 Sections: 4.16.010 4_16.020 4_16.030 4.16_040 4.16.050 4.16_060 4.16.070 4.16.080 4.16.090 4.16.100 4.16.110 4.16.120 4.16.130 Chapter 4.16 PEDDLERS Permit required. Definitions_ Enforcement officer designated. Place of registration. Permit-Application. Permit-Investigation and issuance. Permit-Expiration. Permit-Exhibition. Permit- Nontransferable. Permitted hours of activities.. Revocation of permit. Appeal procedure_ Violation-Penalty. 4.16.010 Permit required_ A. It is unlawful for any person to en- gage in the business of peddler within the City of Dublin without first obtaining a permit as provided herein. B. Permit fees therefor shall be charged by the Chief of Police in the amount estab- lished by resolution of the City Council upon recommendation of the Chief of Po- lice. (0 rd. 9-91 S 2(a) (part); Ord. 13 S 1 (part), 1982: S 2-66.0, Alameda County Code) 4.16.020 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meanings: "Peddler" means and includes any person whether a resident of the City of Dublin or (Dublin &-91) 110 ./ --! ../ .-P -j not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place. from house to house, carrying, conveying or transporting goods, wares. merchandise, publications, or other personal property or services offering and exposing the same for sale, or making sales; and further provided, that one who solicits or- ders and as a separate transaction makes deliveries to purchasers as part of a scheme or design to evade the provisions of this chapter shall be deemed a "peddler" subject to the provisions of this chapter. The word "peddler" shall include the words "hawker," "huckster," "canvasser" and "solicitor." "Person" means and includes the singular and the plural and shall also mean and include any person. firm, or corporation, association, club, copartner or society, or any other organization. (Ord. 9-91 S 2(a) (part); Ord. 13 S 1 (part), 1982: S 2-66.1, Alameda County Code) 4.16.030 Enforcement officer designated. It shall be the duty of the Chief of Police of the City of Dublin to require any person seen peddling, soliciting or canvassing, and who is not known by the Chief of Police to have a_permit to produce his permit and to enforce the provision of this chapter against any person found to be violating the same. (Ord. 9-91 S 2(a) (part); Ord. 13 S 1 (part), 1982: S 2-68.0, Alameda County Code) 4.16.040 Place of registration. The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. (0 rd. 9-91 S 2(b)) 4.16.050 Permit-Application. Applicants for permits under this chapter Attachment 2 must fIle with the Dublin Police Department a sworn application in writing on a fonn to be furnished by the Dublin Police Depart- ment which shall give the following infor- mation: A. Name and description of the appli- cant; B. Address (legal and local); C. A brief description of the nature of the business; D. If employed, the name and address of the employer; E. The length of time for which the right to do business is desired; F. If a vehicle is to be used, a descrip- tion of the same, together with license num- ber or other means of identification; G. Two (2) photographs of the applicant, which picture shall be two inches by two inches (2" x 2'') showing the head and shoulders of the applicant in a clear and distinguishing manner; H. The fingerprints of the applicant; I. A statement as to whether or not the applicant has been convicted of any crime or misdemeanor involving moral turpitude. (Ord. 9-91 S 2(a) (part); Ord. 13 S 1 (part), 1982: S 2-66.3, Alameda County Code) 4.16.060 Permit-Investigation and issuance_ A. Upon receipt of such application the Chief of Police shall cause such investiga- tion of the applicant's business and moral character to be made as he deems necessary for the protection of the public good. B. If, as a result of such investigation, the applicant's character or business respon- sibility is found to be unsatisfactory, the Chief of Police shall disapprove same and notify the applicant that his application is disapproved and that no permit will be 11F5 4.16.050 . issued. C. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse on the application his approval, execute a permit. addressed to the applicant for the carrying on of the business applied for and return said permit to the applicant Such permit shall contain the signature of the issuing officer and shall show the name and address of said permittee, the kind of goods to be sold thereunder, the date of issuance and the length of time the same shall be operative. The Chief of Police shall keep a record of all permits issued for a period of one (1) year from expiration date. (Ord. 9-91 S 2(a) (part); Ord. 13 S 1 (part), 1982: S 2-66.4, Alameda County Code) 4.16.070 Permit-E"1>iration. All permits issued under the provisions of this chapter shall expire on the date specified in the permit. (Ord. 13 S 1 (part), 1982: S 2-66.5, Alameda County Code) . 4.16.080 Permit-Exhibition. Peddlers are required to exhibit their permits at the request of any citizen. (Ord. 13 S 1 (part), 1982: S 2-66.7, Alameda County Code) 4.16.090 Permit-Nontransferable_ No permit issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued. (Ord. 13 S 1 (part), 1982: S 2- 66.8, Alameda County Code) 4.16.100 Permitted hours of activities. Hours of activities of permittee are limit- . III (Dublin 8-91) . . . 4.16.100 ed from nine a.m. (9:00 a.m.) until nine p.m. (9:00 p.m.); provided, that the permit- tee will engage in no activities at properties properly posted prohibiting peddling. ~Ord. 13 g 1 (part), 1982: g 2-66.6, Alameda County Code) 4.16.110 Revocation of permit. Permits issued under the provisions of this chapter may be revoked by the Chief of Police of the City of Dublin at any time for any of the following causes: A. Fraud, misrepresentation or false statement contained in the application for the permit; B. Fraud, misrepresentation or false statement in the course of carrying on his business; C. Any violation of this chapter, D. Conviction of any crime or misde- meanor involving moral turpitude; E. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (Ord. 9-91 g 2(a) (part); Ord. 13 g 1 (part), 1982: g 2- 68.1, Alameda County Code) (Dublin 8-91) 112 " / ::;./ J ~ ./ 4.16.120 Appeal procedure. Any person aggrieved by the action of the Chief of Police in the denial of a permit or in the revocation of a permit shall have the right of appeal to the City Council of the City of Dublin. Such appeal shall be taken by filing with the City Council, with- in five (5) days after notice of the action complained of has been given such person, a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant at least five (5) days prior to the date set for the hearing. The decision and order of the City Council on such appeal shall be final and conclu- sive. (Ord. 9-91 g 2(a) (part); Ord. 13 g 1 (part), 1982: g 2-68.2, Alameda County Code) 4.16.130 Violation-Penalty. Any person violating any of the provi- sions of this chapter shall, upon conviction thereof, be punished by a fme not to exceed one hundred dollars ($100) or by imprison- ment not to exceed sixty (60) days, or both such fine and imprisonment. (Ord. 13 g 1 (part), 1982: g 2-68.3, Alameda County Code)