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HomeMy WebLinkAbout6.2 Peddlers Solicitors Ordinance CITY CLERK File # D~BJ[5]-~OJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 6, 2007 SUBJECT: ATTACHMENTS: 1. RECOMMENDATION: ~.;/ 1. .. IA- V- FINANCIAL STATEMENT: DESCRIPTION: PUBLIC HEARING: Peddlers and Solicitors Ordinance and Charitable Solicitation Ordinance Report Prepared by Elizabeth H Silver, City Attorney, Amy Cunningham, Senior Administrative Analyst and Leah Peachey, Associate Attorney 2. Draft Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors. Draft Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation. Draft Resolution Establishing a Cash Deposit or Bond for Solicitors Permits. 3. 1. 2. 3. 4. 5. Receive Staff presentation; Open public hearing; Receive public testimony; Close public hearing and deliberate; Waive reading and INTRODUCE the Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors (Attachment 1); Waive reading and INTRODUCE the Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation (Attachment 2). 6. None. At its March 22, 2006 Goals and Objectives meeting, the City Council reviewed and approved with high priority the comprehensive update to certain chapters of the Dublin Municipal Code (DMC). One chapter proposed for review is DMC Chapter 4.16, which establishes regulations relating to peddlers within the City of Dublin (the "City"). Chapter 4.16 was carried forth from the Alameda County Code upon the City's incorporation, and was amended in 1991 and again in 1999. Staff recommends the amendment of COPY TO: StfRpt Peddlers and Chartiable Solicitation-redline final.DOC Page 1 of6 ITEMNO.~ C:J Chapter 4.16 to clarify the permit requirements for peddlers and solicitors (the "Peddlers and Solicitors Ordinance") (Attachment 1). In addition, Staffhas identified the need for a charitable solicitation ordinance to encourage safe charitable solicitation to support philanthropic, social service, benevolent, patriotic, and religious activities (the "Charitable Solicitation Ordinance") (Attachment 2). Both ordinances serve the City's interest in protecting the public health, safety and welfare against unlawful activities or operations by fraudulent individuals and from criminal activity including fraud and burglary. PEDDLERS AND SOLICITORS ORDINANCE The Peddlers and Solicitors Ordinance requires each peddler and solicitor to obtain a written permit prior to peddling or soliciting within the City. Current Peddlers Ordinance Many of the regulations set forth in the current peddlers ordinance have been carried forth into the proposed revision of the Peddlers and Solicitors Ordinance. However, the proposed Peddlers and Solicitors Ordinance has been restructured to facilitate implementation by City staff and to clarify definitions and requirements. This Staff Report will discuss the proposed changes to the current ordinance, as well as proposed additions to the current ordinance. Proposed Peddlers and Solicitors Ordinance Similar to the current ordinance, the proposed Peddlers and Solicitors Ordinance regulates commercial peddlers and solicitors who travel by foot, automotive vehicles, or any other type of conveyance, from place to place, from house to house, or from street to street. A peddler is a person carrying, conveying, or transporting food, goods, wares, merchandise, publications, or other personal property or services offering and exposing the same for sale, or making sales and delivering articles to purchasers. On the other hand, a solicitor is a person attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise, publications, or other personal property for future delivery, or for services to be furnished or performed in the future. An important change to the current ordinance is that the proposed Peddlers and Solicitors Ordinance does not apply to persons engaged purely in First Amendment speech, such as canvassing, religious proselytizing, and political speech. (See Watchtower Bible and Tract Society of New York, Inc. v. Village of Stratton (2002) 536 U.S. 150, 168.) Rather, the proposed Ordinance is limited to commercial peddlers or solicitors, which promotes the City's interest in preventing fraud and crime that may occur with such commercial solicitation. Application Procedure The proposed Peddlers and Solicitors Ordinance retains the current ordinance provision designating the Chief of Police as the enforcement officer of the ordinance, but requires additional information in the application to be submitted to the Chief. For example, the applicant must provide a birth date, driver's license, social security or other identification number, both permanent and local contact information, vehicle identification information and proof of automobile insurance, if applicable, valid health permits Page 2 of6 for the sale of food and other items intended for human consumption, if applicable, and credentials establishing the relationship between the applicant and the applicant's employer, if applicable. In addition, the applicant must provide several sworn statements, including: 1) whether the applicant has been convicted of any felony or misdemeanor involving injury to person( s) or property, theft, fraud, or misrepresentation within 10 years preceding the application date; 2) whether the applicant has failed to pay any judgment arising from peddling or soliciting activities; and 3) whether the applicant has ever had a peddler or solicitor permit revoked. In addition to the foregoing information, the proposed Peddler and Solicitors Ordinance retains the existing Ordinance's requirement that an applicant pay a $150 application fee. This permit fee was recently updated by the City Council as part of the Master Fee Schedule, effective July 1,2006. Staff does not propose a change in the fee at this time because Staff does not anticipate a significant increase in Staff time or City resources to implement the proposed Ordinance. Finally, the proposed Peddlers and Solicitors Ordinance retains the requirement that any applicant under 16 years of age demonstrate compliance with State law regarding minors employed in door-to-door sales, but deletes reference to the exemptions from this requirement because such reference is unnecessary. Instead, the proposed Ordinance adopts applicable State law (Cal. Code Regs., Title 8 9 13670 et seq.), which sets forth the exemptions. In fact, most of the exemptions address minors who are engaged in solicitation for charitable purposes, which would be subject to the Charitable Solicitation Ordinance described below. Application Issuance The current ordinance provides that the Chief of Police shall issue a permit upon a finding that the character and business responsibility of the applicant are satisfactory, but does not provide a deadline for such permit action. Under the proposed Ordinance, the Chief of Police must approve or deny an application for a peddler or solicitor permit within 30 days of receipt of an application deemed complete by the Chief of Police or his or her designee. The United States Supreme Court and the Supreme Court of California have struck dOWfl municipal ordinances that grant overly broad discretion to the permitting governmental authority. (See Cantwell v. State of Connecticut (1940) 310 U.S. 296, 306-07; People v. Fogelson (1978) 21 Cal.3d 158, 166.) Thus, the proposed Peddlers and Solicitors Ordinance requires the Chief to deny an application based on the following limited and enumerated grounds: 1) the applicant has been convicted of a felony or misdemeanor involving injury to person(s) or property, theft, fraud or misrepresentation within 10 years preceding the application date; 2) the application for permit contains fraud, misrepresentation or false statement; 3) the applicant has violated the Peddlers and Solicitors Ordinance; 4) the activity as proposed by the applicant would not comply with local, State or federal law. In addition, the Peddlers and Solicitors Ordinance provides that the permit shall not be effective unless and until the applicant obtains proof of compliance with Chapter 4.04 relating to business registration, including proof of payment of all applicable fees. Permit Use The proposed Peddlers and Solicitors Ordinance retains many of the use restrictions imposed by the current ordinance, including: permits may not be transferred, peddling and soliciting may not occur before 9:00 a.m. or after 8:00 p.m. (9:00 p.m. in the current ordinance), and permits must be displayed and exhibited upon request. In addition, the proposed Ordinance adds a prohibition of peddling or soliciting Page 3 of6 on premises prohibiting such activity, and a prohibition against the creation of any public nuisance or disturbance of the peace. Finally, permittees must comply with all local, state and federal laws in acting pursuant to the permit. Peddlers and Solicitors permits may be revoked by the Chief of Police upon: 1) subsequent determination of facts or subsequent occurrence that would have required a denial of the permit at the time of application; 2) applicant engages in fraud, misrepresentation, or false statement; or 3) peddling or soliciting is performed 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. Resolution Establishing Cash Deposit or Bond Amount for Solicitors In addition to the application requirements discussed above, each solicitor must provide a cash deposit or bond to the City. The purpose ofthe cash deposit or bond is to provide a security mechanism for residents who make advance payments to a solicitor permit holder in exchange for food, goods, wares, merchandise, publications, or other personal property to be delivered in the future, or services to be performed in the future. The deposit or bond must name all persons residing in the City as obligees, and must be conditioned upon the delivery of the purchased items or a refund of any advance payment. Any resident of the City would have a right of action on the deposit or bond for recovery of money advanced, damages, or both, if the items purchased are not delivered pursuant to an order, which amount shall be released upon order of a court of competent jurisdiction. Staff researched solicitor bonding requirements for surrounding jurisdictions and discovered that Livermore requires $5,000 security, San Ramon requires $150 security, and Pleasanton does not have a bonding requirement. Staff also obtained information from the insurance industry that there is a limited market for providing bonds with limits between $5,000 and $10,000 for solicitor-type vendors. The cost of such a bond would be based on the credit of the vendor, and will typically cost between $150 and $500 per year for each vendor. Based on this research, Staff recommends a cash deposit or bond requirement of $5,000.00. In the event that the Council introduces and adopts the Peddlers and Solicitors Ordinance, Staff shall return to Council with a Resolution establishing the deposit amount (Attachment 3). Distinction between Peddlers and Solicitors Permit and Outdoor Mobile Vendor Permit It is important to note that the Peddlers and Solicitors permit is distinct from the Outdoor Mobile Vendor permit required by the Dublin Zone Ordinance (DZO). Section 8.08.020 of the DZO defines an Outdoor Mobile Vendor use type as "a person who sells or offers to sell any type of merchandise, including food and beverages, on an ongoing basis, at a fixed location on private property other than within a building or structure constructed on a permanent foundation [emphasis added]." The DZO requires an Outdoor Mobile Vendor to obtain a Conditional Use Permit under the decision-making authority of the Zoning Administrator in certain zoning districts in the City. (Section 8.12.050) In contrast, the Peddlers and Solicitors Ordinance applies to persons traveling place to place, house to house or street to street while engaging in commercial sales. Thus, an applicant intending to engage in door-to-door sales would apply for a Peddlers and Solicitors permit through Police Services, whereas an applicant intending to vend at a fixed location on private property would apply for an Outdoor Mobile Vendor permit through the Community Development Department. Page 4 of6 The proposed Ordinance would not affect the Dublin Zoning Ordinance provisions relating to Outdoor Mobile Vendors. CHARITABLE SOLICITATION ORDINANCE The Charitable Solicitation Ordinance would require charitable solicitors to obtain a written permit prior to soliciting within the City. Scope of Proposed Charitable Solicitation Ordinance The Charitable Solicitation Ordinance defines a "charitable solicitor" as any person traveling from "place to place, house to house, or from street to street, who solicits funds, assets or property for Charitable Purposes." The Ordinance defines, "charitable purposes" as "the use, actual or represented, of funds assets or property for the benefit of philanthropic, social service, benevolent, patriotic, or religious activities. " Also subject to the Ordinance as a charitable solicitor is any person acting as a commercial fundraiser for charitable purposes, which means any individual, corporation, unincorporated association or other legal entity that receives compensation for charitable solicitation efforts. California State law regulates such commercial fundraisers for charitable purposes by requiring them to register with the Attorney General's Registry of Charitable Trusts, and pay a $200 registration fee, which must be renewed annually. (Gov. Code 9 12599(b).) In addition, a commercial fundraiser for charitable purposes must file an annual financial report with the Attorney General. (Gov. Code 9 12599(c).) Thus, the proposed Charitable Solicitation Ordinance requires proof of compliance with Government Code Section 12599 upon application for a charitable solicitation permit. The Ordinance exempts two types of activities from the permit requirement: 1) solicitations made upon premises oWfled or occupied by the charitable purposes organization for which the solicitation is made; and 2) solicitations made solely from the members ofthe charitable purposes organization for which the solicitation is made. These exemptions would allow, for example, a non-profit organization to request donations at a fundraising event without obtaining a charitable solicitation permit. Application Procedure Similar to the Peddlers and Solicitors Ordinance, the Charitable Solicitation Ordinance is enforced by the Chief of Police; however, the permit application requirements are less burdensome for charitable solicitors. For example, one permit may be obtained for a group of charitable solicitors, provided that each solicitor has a duplicate copy of such permit. In addition, charitable solicitors need not provide photographs or fingerprints, however, the applicant must identify the name and contact information ofthe charitable purposes organization for which the applicant intends to make solicitations. Finally, no application fee is required for Charitable Solicitation permits. Staff recommends less burdensome application requirements for charitable solicitation permits to facilitate volunteerism on behalf of organizations with charitable purposes and encourage charitable donations by residents of Dublin. Page 5 of6 Application Issuance The Chief of Police must approve or deny an application for a charitable solicitation permit within 30 days of receipt of an application deemed complete by the Chief of Police or his or her designee. The Chief shall deny a permit on the following grounds: 1) the applicant has been convicted of a felony or misdemeanor involving injury to person(s) or property, theft, fraud or misrepresentation within ten (10) years preceding the application date; 2) the application contains fraud, misrepresentation or false statement; 3) the applicant or any person who will engage in the conduct of charitable solicitor under the permit has violated the Charitable Solicitation Ordinance; or 4) the activity as proposed by the applicant would not comply with local, State or federal law. In addition, the Charitable Solicitation Ordinance provides that the permit shall not be effective unless and until the applicant obtains proof of compliance with Chapter 4.04 relating to business registration, including proof of payment of all applicable fees. Permit Use The Charitable Solicitation Ordinance imposes the following regulations on permit holders, among others: permits may not be transferred, solicitation activity may not occur before 9:00 a.m. or after 8:00 p.m., and permit holders may not solicit on premises prohibiting such activity, and permit holders must comply with state, federal and local law, including Government Code Section 12599 as described above. Charitable solicitation permits may be revoked by the Chief of Police upon: 1) subsequent determination of facts or subsequent occurrence that would have required a denial of the permit at the time of application; 2) applicant or any person who will engage in the conduct of charitable solicitor pursuant to the permit engages in fraud, misrepresentation, or false statement; or 3) solicitation is performed 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. RECOMMENDATION Staff recommends that the City Council: 1) receive Staff presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate; 5) waive reading and INTRODUCE the Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors (Attachment 1); 6) waive reading and INTRODUCE the Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation (Attachment 2). Page 6 of6 \ lto ORDINANCE NO. - 07 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.16 OF THE DUBLIN MUNICIPAL CODE RELATING TO PEDDLERS AND SOLICITORS RECITALS WHEREAS, the City of Dublin Municipal Code (DMC) Chapter 4.16 provides for the regulation of persons engaged in the business of peddler or solicitor within the City of Dublin ("City"); and WHEREAS, the regulation of such commercial peddlers and solicitors constitutes a proper exercise of the City's police power in protecting the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as peddlers or solicitors, and from criminal activity including fraud and burglary; and WHEREAS, the City Council desires to amend DMC Chapter 4.16 to clarify the permit requirements for persons engaged in the business of peddler or solicitor and ensure that such requirements conform to current law. NOW, THEREFORE, the City Council ofthe City of Dublin does hereby ordain as follows: Section 1. Chapter 4.16 ofthe Dublin Municipal Code is revised as follows: Chapter 4.16. Peddlers and Solicitors 4.16.010 Permit reqairedPuruose. The purposes of this chapter are: A. It is unlawful for any person to engage in the business of peddler within the city of Dublin without first obtaining a permit as proyided herein. To regulate individuals entering upon private propertv, particularly residential property, to engage in the business of Peddler or Solicitor~ B. Permit fees theref-or shall be charged by the Chief of Police in the amooot established by resolution of the City Council upon recommendation of the Chief of Police. To protect the public health, safetv and welfare against unlawful activities or operations bv individuals falsely representing themselves as Peddlers or Solicitors, and from criminal activity including fraud and burglary~ and C. To balance the rights and interests of those engaged in commercial activities with the Page 1 of9 2-0 -. 07 ATTACHMENT 1 {Q\L 2- tJb\ LO rights and interests of those residents who do not want to be disturbed by such activities. 4.16.020 Definitions. For the purposes ofthis chapter, the words set out in this section shall have the following meanmgs: A. "Engage in the business" means and includes conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity. B-o "Peddler" means and includes any person, whether a resident of the eCity of Dublin or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting food, goods, wares, merchandise, publications, or other personal property or services offering and exposing the same for sale, or making sales and delivering articles to purchasers.; and further provided, that one '.vho solicits orders 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," and "huckster-,-" "canyasser" and "solicitor." "Peddler" includes any person ';.rho exereises control, direction, or supervision, either directly or indirectly, of minors engaged in door to door sale&- C. "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. "Solicitor" means and includes any person traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise, publications, or other personal property for future delivery, or for services to be furnished or performed in the future, whether or not such person has, carries or exposes for sale a sample of the subiect of such sale or whether he/she collects advance payments on such sales or not. 4.16.030 Permit Required. It is unlawful for any person to engage in the business of Peddler or Solicitor without first obtaining a written permit as provided in this chapter and paying the applicable fees pursuant to this chapter. 4.16.0~~0 Enforcement officer designated. It shall be the duty of the Chief of Police of the eCity of Dublin, or his or her designee, to enforce the provisions of this chapterrequire any person seen peddling, soliciting or canyassing, and '.vho is not known by the Chief of Police to haye a permit to produce his permit and to Page 2 of9 3Cb\\..o enforce the provision of this chapter against any person found to be '/iolating the same. 4.16.04~0 Place of registration. The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. 4.16.0~0 Permit-Application. A. Applicants for a permit under this chapter must file with the Police Chief at Dublin Police Services a sworn application in writing on a form to be furnished by Dublin Police Services~ which shall set forthgWe the following information: lA. Name, birth date, driver's license, social security or other identification number, and description of the applicant; ~B. Permanent home A~ddress (legal and local) and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant; .1G. A brief description ofthe nature ofthe applicant's business and ofthe food, goods, wares, merchandise, publications, or other personal property or services that are the subiect of the application; 19. If employed, the name and address of the applicant's employer together with the credentials establishing the exact relationship between the applicant and the applicant's employer; ~B. The length of time for which the right to do business permit is desired; QF. If a vehicle is to be used, a description ofthe same, together with license number or other means of identification, proof of automobile insurance to the satisfaction of the Chief of Police, and any additional vehicle identification or vehicle safety information that the Chief of Police finds reasonably necessary; lid. Two (2) passport-quality photographs of the applicant, which picture photographs shall be two inches by two inches (2" x 2") showing the head and shoulders ofthe applicant in a clear and distinguishing manner; ~H. The fingerprints of the applicant; 2.1. A statement as to whether or not the applicant has been convicted of any felony eEme or misdemeanor involving iniury to person(s) or property, theft, fraud, or misrepresentation within ten (10) years preceding the application datefllefal turpitude; Page 3 of9 i-fo \1O 10J. A statement whether or not the applicant has failed to pay any iudgment arising from or connected with the activities authorized by the permit: IlK A statement whether or not the applicant has suffered revocation of any required permit: 12J. The names and addresses of any If the applicant is a minor under the age of sixteen (16) years old and employed, transported or supervised by another, the applicant must provide to be used directly or indirectly in door to door sales, as "yell as proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, ~ 13670 et seq., including amendments thereto. The information in this subparagraph J shall not be required to be proyided by any of the follo'.'/ing: 1 organizations using or employing minors engaged exclusively in the solicitation of subscriptions, or sale of newspapers door to door '.vhen sueh minor is employed by the newspaper and delivers the ne'.vspaper 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; . 1 govefl'lfflent agencies (induding 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 eharitable corporation organized and operated primarily as a religious organization, educational institution, hospital, or a licensed health care service plan. l1. If the application involves the sale of food, produce, or any other item intended for human consumption, the applicant must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local. state or federal law. B. All applications shall be submitted with payment of a nonrefundable fee established by resolution of the City Council. Any application submitted without the application fee shall be deemed incomplete. Page 4 of9 5Ci \\..0 4.16.0610 Permit Issuance IDvestigati9D aDd issaaDee. A. Upon receipt of such application the Chief of Police shall cause such investigation of the applicant's business and moral character to be made application as he or she deems necessary for the protection of the public good. The Chief of Police shall approve or deny the permit within thirty (30) calendar days of receipt of an application deemed complete by the Chief of Police, or his or her designee. B. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Chief of Police shall disappro'/e same and notify the applicant that his application is disapproved and that no permit will be issued. Such permit shall contain the signature of the issuing officer and shall show the name and address of said permit holder, the kind of food, goods, wares, merchandise, publications, or other personal property or services to be sold thereunder, the date of issuance and the length of time the same shall be operative. C. The permit shall not be effective unless and until the applicant obtains proof of compliance with Chapter 4.04 relating to business registration, including proof of payment of all applicable fees. D. 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._ The Chief of Police shall deny any application for a permit if he or she finds any of the following: 1. The applicant has been convicted of a felony or misdemeanor involving iniury to person(s) or property, theft, fraud or misrepresentation within ten (0) years preceding the application date. 2. The application for permit under this chapter contains fraud, misrepresentation or false statement. 1. The applicant has violated the provisions ofthis chapter. 4. The activity as proposed by the applicant would not comply with any provision of this chapter, or any other provision in this Code, or any other State of federal law. E. The Chief of Police shall notify the applicant of a denial of a permit application by Page 5 of9 LoOr)\LC depositing written notice of such decision in the first-class U.S. mail. postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to deny the permit. The notice of denial must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure set forth in Section 4.16.110. I).E. If the applicant employs minors to engage in the business of Peddler or Solicitorte issuance of a permit, the applicant will be given shall obtain a copy of a pamphlet or other materials which summarize the child labor laws of California prior to the issuance of the permit. 4.16.080 Bond Requirements for Solicitors. A. Each person who engages in the business of Solicitor pursuant to this chapter shall provide a cash deposit or bond to the City, except as provided in subsection D of this section. B. The cash deposit or bond shall be in the amount as established by resolution ofthe City Council upon recommendation of the Chief of Police, and executed by the Solicitor and a surety company admitted to the surety business of the State. The cash deposit or bond shall name all persons residing in the City as obligees. The cash deposit or bond shall be conditioned upon the delivery of food, goods, wares, merchandise, publications, or other personal property or services, in accordance with any order taken, or the refund of the advance payment on the order. C. Any resident of the City aggrieved by the conduct or action of a Solicitor shall have a right of action on the cash deposit or bond for recovery of the money advanced, or damages, or both, if the food, goods, wares, merchandise, publications, or other personal property or services are not delivered pursuant to the order, which amount shall be released upon order of a court of competent jurisdiction. The cash deposit shall remain on deposit. or the bond shall remain in full force and effect, for a period of 90 calendar days after the expiration of the permit issued under this chapter. D. The requirements of this section do not apply to persons engaged in interstate commerce. 4.16.0120 Permit Use Expirati9B. Each Peddler and Solicitor shall comply with the following: A. All permits issued under the provisions of this chapter shall expire on the date specified in the permit. B. Permit holders shall display their permits in a conspicuous place on their person and exhibit such permits upon request. Page 6 of9 "7 C. No permit issued under the provisions ofthis chapter shall be used at any time by any person other than the one for whom it was issued. D. It is unlawful for any person to engage is the business of Peddler or Solicitor before 9:00 a.m. or after 8:00 p.m. E. No person shall engage in the business of Peddler or Solicitor at any premise which is posted with clearly visible signs prohibiting such activity. F. No permit holder shall create any public nuisance or disturb the peace and quiet of the community. G. Permit holders shall comply with all state and federal laws and all local ordinances. 4.16.080 Permit ExhibitioB. Peddlers are required to exhibit their permits at the request of any citizen. 4.16.090 Permit NOBtraBsferable. No permit issued under the provisions of this chapter shall be used at any time by any person other than the one to 'Nhom it ','ias issued. 4.16.100 Permitted hours of aetivities. Hours of activities of permittee are limited from nine a.m. (9:00 a.m.) until nine p.m. (9:00 p.m.); provided, that the permittee 'Nill engage in no aetivities at properties properly posted prohibiting peddling. 4.16.11!!0 RevoeatioB of permitPermit Revocation. A. Permits issued under the provisions of this chapter may be revoked by the Chief of Police of the eity of Dublin at any time for any of the following causes: AI. Subsequent determination of facts or subsequent occurrences that would have required a denial of the permit at the time of application pursuant to Section 4. 16.070.CFmud, misrepresentation or false statement eontained in the application for the permit; B-2. The applicant engages in fraud, misrepresentation, or false statement in the course of engaging in the business of Peddler or Solicitor; Gl. Any violation of this chapter; :Q:l. Conviction of any eflme felony or misdemeanor involving iniury to person( s) or Page 7 of9 property, theft, fraud, or misrepresentationmoral turpitude; .g~. Conducting The applicant engages in the business of lJ3eddleriag or Solicitor 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. B. The Chief of Police shall notify the permit holder of a revocation of a permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 4.16.110. 4.16.YllO Appeal procedure. Any person obiecting to the denial or revocation of a permit applied for or held by him or her pursuant this chapter shall have the right to appeal to the City Manager in accordance with Section 1.04.050. .Any person aggrie'/ed by the action of the Chief of Poliee in the denial of a permit or in the revocation of a permit shall have the right of appeal to the City Couneil of the city of Dublin. Such appeal shall be taken by filing ',vith the City Couneil, within five (5) days after notice of the aetion complained of has been given sueh person, a ',\Titten statement setting forth fully the grounds for the appeal. The City Council shall set a time and pluce 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 conclusiye. 4.16.1~~0 Violation-Penalty. Any person violating any violation of the provisions of this chapter shall constitute an infraction, upon eonyiction thereof, and shall be punished as such in accordance with Section 1.04.030~ fine not to exceed one hundred dollars ($100) or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. 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 Page 8 of9 q u~~b \ LO 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this _ day of ,2007. AYES: NOES: ABSENT: ABSTAIN: , Janet Lockhart, Mayor ATTEST: FaWfl Holman, City Clerk 855241_5; 114.1015 Page 9 of9 \'0 \ \.t ORDINANCE NO. - 07 AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 4.18 TO THE DUBLIN MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATION RECITALS WHEREAS, the City of Dublin Municipal Code (DMC) Chapter 4.16 provides for the regulation of commercial peddlers and solicitors within the City of Dublin ("City") to protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as peddlers or solicitors, and from criminal activity including fraud and burglary; and WHEREAS, from time to time the City receives applications for permits for solicitation for charitable purposes; and WHEREAS, the concerns for the public health, safety and welfare involved in commercial peddler and solicitor activities are similarly applicable to charitable solicitation activities; and WHEREAS, the City Council desires to regulate charitable solicitation to protect the public against criminal activity including fraud and burglary, at the same time protecting the right of persons to make charitable solicitations within the City to support philanthropic, social service, benevolent, patriotic, and religious activities. NOW, THEREFORE, the City Council ofthe City of Dublin does hereby ordain as follows: Section 1. Chapter 4.18 of the Dublin Municipal Code is hereby added to read as follows: Chapter 4.18. CHARITABLE SOLICITATION 4.18.010 Purpose. The purpose ofthis chapter are: A. To regulate individuals entering upon private property, particularly residential property, to engage in the conduct of Charitable Solicitor; B. To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as Charitable Solicitors, and from criminal activity including fraud and burglary; and Page 1 of6 ATTACHMENT 2 \ \ G \ \ (J \ \..Y C. To balance the rights and interests ofthose engaged in charitable activities with the rights and interests of those residents who do not want to be disturbed by such activities. 4.18.020 Definitions. For the purposes ofthis chapter, the words set out in this section shall have the following meamngs: A. "Engage in the conduct" means and includes conducting, managing or carrying on of any such conduct or helping therewith, by any person in any capacity. B. "Charitable Solicitor" means and includes any person, whether a resident of the City or not, traveling by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, who solicits funds, assets, or property for Charitable Purposes. A "Charitable Solicitor" includes a "Commercial Fundraiser for Charitable Purposes." C. "Charitable Purposes" means and includes the use, actual or represented, of funds, assets or property for the benefit of philanthropic, social service, benevolent, patriotic, or religious activities. D. "Commercial Fundraiser for Charitable Purposes" means any individual, corporation, unincorporated association, or other legal entity who for compensation does. any of the following: 1) solicits funds, assets, or property in this state for charitable purposes; 2) as a result of a solicitation of funds, assets, or property in this state for charitable purposes, receives or controls the funds, assets, or property solicited for charitable purposes; 3) employs, procures, or engages any compensated person to solicit, receive or control funds, assets, or property for charitable purposes, except as provided in California Government Code Section 12599. 4.18.030 Permit Required. It is unlawful for any person to engage in the conduct of Charitable Solicitor without first obtaining a written permit as provided in this chapter. 4.18.040 Permit-Exceptions. The following activities are exempt from the permit requirement set forth in Section 4.18.030: A. Any person who engages in the conduct of Charitable Solicitor upon premises oWfled or occupied by the Charitable Purposes organization(s) for which the solicitation is made; and B. Any person who engages in the conduct of Charitable Solicitor solely from the members of the Charitable Purposes organization(s) for which the solicitation is made. Page 2 of6 17 (\ , \ 4.18.050 Enforcement Officer Designated. It shall be the duty of the Chief of Police of the City, or his or her designee, to enforce the provisions of this chapter. 4.18.060 Place of registration. The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. 4.18.070 Permit Application. Applicants for a permit under this chapter must file with the Police Chief at Dublin Police Services a sworn application in writing on a form to be furnished by Dublin Police Services, which shall set forth the following information: A. Name, birth date, driver's license, social security or other identification number ofthe applicant; B. Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant; C. Name, address and telephone number ofthe Charitable Purposes organization(s) for which the applicant intends to make solicitations; D. Name, birth date, driver's license, social security or other identification number of each person who will engage in the conduct of Charitable Solicitor pursuant to the permit; E. The length of time for which the permit is desired; F. A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within ten (10) years preceding the application date; G. A statement as to whether any person intending to engage in the conduct of Charitable Solicitor under a permit issued pursuant to this chapter is a Commercial Fundraiser for Charitable Purpose, and, if so, documentation from the California Attorney General that the applicant has complied with the requirements of California Government Code Section 12599, or its successor. Page 3 of6 r~ \ 4.18.080 Permit Issuance. A. Upon receipt of such application the Chief of Police shall cause such investigation of the application as he or she deems necessary. The Chief of Police shall approve or deny the permit within thirty (30) calendar days of receipt of an application deemed complete by the Chief of Police or his or her designee. B. Such permit shall contain the signature of the issuing officer and shall show the name and address of the applicant and the name and address of the Charitable Purposes organization(s) for which the applicant intends to make solicitations, the date of issuance, and the length of time the same shall be operative. C. The permit shall not be effective unless and until the applicant obtains proof of compliance with Chapter 4.04 relating to business registration, including proof of payment of all applicable fees. D. A permit application shall be denied by the Chief of Police on the following grounds: 1. The applicant has been convicted of a felony or misdemeanor involving injury to person(s) or property, theft, fraud or misrepresentation within ten (10) years preceding the application date. 2. The application for permit under this chapter contains fraud, misrepresentation or false statement. 3. The applicant or any person who will engage in the conduct of Charitable Solicitor under the permit has violated the provisions of this chapter. 4. The activity as proposed by the applicant would not comply with any provision of this chapter, or any other provision in this Code, or any other State of federal law. E. The Chief of Police shall notify the applicant of a denial of a permit application by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to deny the permit. The notice of denial must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure set forth in Section 4.18.110. F. Ifthe applicant employs minors to engage in the conduct of Charitable Solicitor, the applicant shall obtain a copy of a pamphlet or other materials which summarize the child labor laws of California prior to the issuance of the permit. 4.18.090 Permit Use. Charitable Solicitors shall comply with the following: Page 4 of6 I~ 1\..0 A. All permits issued under the provisions of this chapter shall expire on the date specified in the permit. B. Permit holders shall display the permit, or a duplication of such permit, in a conspicuous place on their person and exhibit such permits upon request. C. No permit issued under the provisions of this chapter shall be used at any time by any person other than the one for whom it was issued. D. It is unlawful for any person to engage in the conduct of Charitable Solicitor before 9:00 a.m. or after 8:00 p.m. E. No person shall engage in the conduct of Charitable Solicitor at any premise which is posted with clearly visible signs prohibiting such activity. F. No permit holder shall create any public nuisance or disturb the peace and quiet of the community. G. Permit holders shall comply with all state and federal laws and all local ordinances, including the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Gov. Code 9 12580 et seq.), or its successor. 4.18.100 Permit Revocation. A. Permits issued under the provisions of this chapter may be revoked by the Chief of Police at any time for any of the following causes: 1. Subsequent determination of facts or subsequent occurrence that would have required a denial of the permit at the time of application pursuant to Section 4.18.080.C; 2. The applicant or any person who will engage in the conduct of Charitable Solicitor pursuant to the permit engages in fraud, misrepresentation, or false statement; 3. The applicant or any person who will engage in the conduct of Charitable Solicitor pursuant to the permit performs in an unlawful manner or in such a manner as to constitute a breach ofthe peace or to constitute a menace to the health, safety, or general welfare of the public. B. The Chief of Police shall notify the permit holder of a revocation of a permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three (3) calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 4.18.110. Page 5 of6 \6' \1...0 4.18.110 Appeal Procedure. Any person objecting to the denial or revocation of a permit applied for or held by him or her pursuant this chapter shall have the right to appeal to the City Manger in accordance with Section 1.04.050. 4.18.120 Violation-Penalty. Any violation of the provisions of this chapter shall constitute an infraction and shall be punished as such in accordance with Section 1.04.030. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. 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 this _ day of ,2007. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: FaWfl Holman, City Clerk 866877_3; 114.1015 Page 6 of6 \1.O 0 \\.0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ESTABLISHING A CASH DEPOSIT OR BOND FOR SOLICITORS PERMITS WHEREAS, on _,2007, the City Council of the City of Dublin (the "City") adopted Ordinance No. _ amending Dublin Municipal Code (DMC) Chapter 4.16 relating to peddlers and solicitors (the "Ordinance"); and WHEREAS, the Ordinance provides that the City Council shall, by resolution, establish a cash deposit or bond amount for solicitor permits upon recommendation of the Chief of Police; and WHEREAS, based on research of surrounding jurisdictions and insurance industry standards, the Chief of Police recommends a cash deposit or bond amount for solicitor permits in the amount of $5,000.00. NOW, THEREFORE, the City Council of the City of Dublin does RESOLVE that a cash deposit or bond in the amount of $5,000.00 shall be provided to the City by each applicant for a solicitor permit pursuant to Dublin Municipal Code Section 4.16.080. PASSED, APPROVED, AND ADOPTED this _ day of following vote: 2007, by the AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: FaWfl Holman, City Clerk 867435_3; 114.1015 Page 1 of 1 ATTACHMENT 3