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HomeMy WebLinkAboutItem 6.1 Door-to-Door Sales (2) s. � CITY CLERK File # 5 $5 - 60 AGENDA STATEMENT • CITY COUNCIL MEETING DATE: March 2, 1999 SUBJECT: PUBLIC HEARING: Minors Engaged in Door-to-Door Sales Report Prepared by Gat)) Thuman, Police Chief ATTACHMENTS: 1) Ordinance Amending Chapter 4:16 (Peddlers) of the Dublin Municipal Code Relating to Minors Engaged in Door-to-Door Sales RECOMMENDATION: a) Receive Staff Report b) Open Public Hearing and Task Testimony ( c) Close Public Hearing and Deliberate d) Waive Reading and ADOPT Ordinance FINANCIAL STATEMENT: None DESCRIPTION: This Ordinance, related to Minors Engaged in Door-to-Door Sales, was introduced at the.February 16, 1999 City Council meeting. 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 Boys Scouts or Girl Scouts; or(3) certain other minors identified in proposed Section 4.16.0507. Recommendation: Staff recommends that the Council conduct a public hearing, waive the reading and ADOPT the ordinance. J:\WPD\MNRS W\114\011AGENDA11999\MINORS.205 AUL:rja COPIES TO: dd.r ITEM NO. K2/G/3-2-99/as-peddlers . . . ORDINANCE NO. - 99 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CR.4.PTER 4.16 ("PEDDLERS") OF THE DUBLIN l\1UNICIP AL CODE RELA TING TO MINORS ENGAGED IN DOOR- TO-DOOR SALES The City Council of the City ofDubli!1 does ordain as follov.'s: 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 -- ADplication." .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 si:>...ieen 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 charltable 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 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 2nd day of March, 1999, by the following vote: AYES: NOES: ABST Mayor ATTEST: C ty Clerk . J;\\\'PD\J\1l\.'RSW\114\O 1 ORD\1999\J\1INORS.205 AUL:Ija KJ/G3-2-99/ord-pe dler .