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HomeMy WebLinkAboutItem 4.03 Peddlers and Solicitors CITY CLERK File # D~~~-[lJ[O] AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 20, 2007 SUBJECT: Amendment of Dublin Municipal Code Pertaining to Peddlers and Solicitors Ordinance and Addition of Charitable Solicitation and Sales Ordinance Report Prepared by Elizabeth H Silver, City Attorney, Amy Cunningham, Senior Administrative Analyst, Leah Peachey, Associate Attorney ATTACHMENTS: 1. Staff Report from March 6, 2007 City Council meeting, without attachments. 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 and Sales. 2. 3. RECOMMENDATION~ \ Waive reading and adopt Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors (Attachment 2); and Waive reading and adopt Ordinance Adding Chapter 4.18 to the Dublin Municipal Code relating to Charitable Solicitation and Sales (Attachment 3). FINANCIAL STATEMENT: None. DESCRIPTION: A comprehensive update to the Dublin Municipal Code (DMC) is currently underway. At its March 6, 2007 meeting, the City Council conducted a public hearing, waived the reading and introduced the Ordinance amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors and adding Chapter 4.18 to the Dublin Municipal Code relating to Charitable Solicitation and Sales. ------------------------------------------------------------------------------------------------------------- COpy TO: ITEM NO. 4.3 Page 1 of2 H:\CC -FORMS\FORM-agenda statement peddlers. doc RECOMMENDATION: Staff recommends that the City Council waive reading and adopt Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors (Attachment 2) and waive reading and adopt Ordinance Adding Chapter 4.18 to the Dublin Municipal Code relating to Charitable Solicitation and Sales (Attachment 3). /;A "b;l. IJb t.~r CITY CLERK File # Dm[5]-~~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 6, 2007 SUBJECT: ATTACHMENTS: RECOMMENDATION: 1. 2. 3. ~ X,,/ 4. / VJ\;~ 5. .. FINANCIAL STATEMENT: None. PUBLIC HEARING: Peddlers and Solicitors Ordinance and Charitable Solicitation and Sales Ordinance Report Prepared by Elizabeth H. Silver, City Attorney, Amy Cunningham, Senior Administrative Analyst and Leah Peachey, Associate Attorney 1. Agenda Statement of February 6,2007 Council meeting regarding Peddlers and Solicitors Ordinance and Charitable Solicitation Ordinance, without attachments Draft Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors, revised in redline to address Council direction Draft Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation and Sales, revised in redline to address Council Direction Draft Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors, clean version for introduction Draft Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation and Sales, clean version for introduction 2. 3. 4. 5. 6. Receive Staff presentation; Open public hearing; Receive public testimony; Close public hearing and deliberate; Waive reading and INTRODUCE Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors (Attachment 4); and Waive reading and INTRODUCE Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation and Sales (Attachment 5). COPY TO: ------------------------------------------------------------------------------------------------------------- Page 1 of6 .. - StJRpt Revised _ Peddlers_Charitable Solicitors (2) (6 ).DOC; ) ) 4. ) 0) 5 ATTACHMENTl Yt~ .... 3-20- 0-/ BACKGROUND: "2 rr6 2- 1r At its February 6, 2007 meeting, the City Council held a public hearing regarding the proposed amendment of Dublin Municipal Code (DMC) Chapter 4.16 relating to Peddlers and Solicitors (the "Peddlers and Solicitors Ordinance") and the addition ofDMC Chapter 4.18 relating to Charitable Solicitation (the "Charitable Solicitation Ordinance"). (See Attachment 1.) At that meeting, the City Council provided City Staff with direction regarding the application of the Peddlers and Solicitors Ordinance and Charitable Solicitation Ordinance, and continued the items for deliberation at tonight's Council meeting. Based on Council's direction, Staffhas revised the Peddlers and Solicitors Ordinance and the Charitable Solicitation Ordinance as indicated in strikethrough and underline format in Attachment 2 and Attachment 3, so the Council may easily discern the proposed revisions. ANALYSIS: The Council raised several issues at its February 6,2007 meeting, which Staffhas addressed in the revised Ordinances as described below. Sales for Charitable Purposes As proposed at the February 6 Council meeting, the Peddlers and Solicitors Ordinance applied to all sales of "food, goods, wares, merchandise, publications, or other personal property or services," regardless of the purpose of such sale. Thus, sales for charitable purposes would be subject to the Peddlers and Solicitors Ordinance. On the other hand, solicitation of funds for charitable purposes with no concurrent sales transaction would be subject to the Charitable Solicitation Ordinance. However, in order to encourage the support of charitable causes, sales for charitable purposes may be treated similar to solicitation for charitable purposes. Thus, Staffhas revised the Charitable Solicitation Ordinance to apply to sales made for Charitable Purposes, in addition to solicitations made for Charitable Purposes. Staff also revised the title of Chapter 4.18 from "Charitable Solicitation" to "Charitable Solicitation and Sales" and made conforming changes throughout the chapter. Staff has revised the Peddlers and Solicitors Ordinance so it would apply only to sales made for commercial purposes and would not apply to groups who sell food or goods for charitable purposes. (See Sections 4.16.020 and 4.18.020.) Charitable Solicitation Permits for Dublin Residents and Dublin-Based Oreanizations As proposed at the February 6 Council meeting, all applicants for Charitable Solicitation permits were subject to the same permit requirements. However, the City Council gave Staff direction to formulate permit application requirements that would encourage charitable support for Dublin residents and organizations located within Dublin. Additionally, because Dublin residents and Dublin Police are more familiar with permit applicants who are Dublin residents and Dublin-based organizations, it follows that more information may be required from applicants who are not Dublin residents and/or who are not acting on behalf of Dublin-based organizations in order to protect the health, safety and welfare ofthe residents. As discussed below, non-Dublin residents and persons who are not soliciting funds or sales on behalf of a Page 2 of6 '3 ~b. "2 z.. Dublin-based organization would be required to submit more information to obtain a permit than Dublin residents and persons who are soliciting funds or sales on behalf of a Dublin-based organizations. As an alternative, the City Council may wish to extend the relaxed permit requirements to include persons soliciting or selling for not only those organizations that are located within Dublin but also those organizations that are located within and serve the Tri-Valley area. To effectuate such an expansion, the City Council would waive reading and INTRODUCE the Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation (Attachment 5), with the following two modifications: 1) the fifth recital shall read: "WHEREAS, the City Council desires to encourage, in particular, charitable support for residents of the City and organizations located within and serving the Tri -Valley area (Dublin, Pleasanton and Livermore); and 2) Section 4.18.070.B shall read: "In addition to the permit application requirements set forth in Section 4.18.070.A, applicants for permits under this chapter who are not residents ofthe City and who are not engaging in the conduct of Charitable Solicitor or Salesperson on behalf of an organization located within and serving the Tri-Valley area shall provide the following information. . ." The following section addresses the permitting requirements for Peddlers and Solicitors permits and Charitable Solicitation and Sales permits. Proposed Permittine Application ReQuirements The application requirements for Peddlers and Solicitors permits are more extensive than the application requirements for Charitable Solicitation and Sales permits in order to encourage charitable support within the community. In addition to contact information and basic information regarding intended sales, applicants for Peddlers and Solicitors permits must provide two passport-sized photographs, one of which will be kept on file with Police Services and the other will be affixed to the permit upon issuance, fingerprints to enable the Police Chiefto conduct a background check on the applicant, vehicle identification information and proof of automobile insurance if a vehicle will be used pursuant to the permit, and several sworn statements regarding past criminal behavior and history of permit use or revocation. Applicants for a Peddlers and Solicitors permit must pay a $150 permit fee; and solicitors must fulfill an additional bonding requirement as set forth in Section 4.16.080. The bond amount shall be established by resolution of the City Council, which resolution shall be presented to Council in the event that the Council introduces and adopts the Peddlers and Solicitors Ordinance. Finally, each peddler or solicitor must obtain a separate permit. Conversely, applicants for Charitable Solicitation and Sales permits may obtain one permit that authorizes charitable solicitation or sales activities for a group of persons, provided that the names and phone numbers of each participant are provided, where available. Applicants for Charitable Solicitation and Sales permits must provide contact information and basic information regarding the intended sales or solicitation activities; however, they need not pay any permit fee, and there is no bonding requirement, fingerprint requirement or automobile insurance requirement. Nevertheless, applicants for Charitable Solicitation and Sales permits who are not Dublin residents or are not engaging in charitable solicitation or sales activities on behalf of Dublin-based organizations must additionally provide photo identification for each person who will engage in such activities under the permit such as a state-issued identification card or student body identification card, and a letter from the Charitable Purposes organization certifYing the applicant's authority to engage in the conduct of Charitable Solicitor or Salesperson on behalf of the organization, and vehicle identification information and proof of automobile insurance if a vehicle will be used pursuant to the permit. . Page 3 of6 The following table provides a comparison of the permitting requirements for Peddlers and SOlicitors4;;0 "J. V permits, and Charitable Solicitation and Sales permits. Permit Application Requirements Peddler and Charitable Solicitation Solicitor and Sales Permit Permit Dublin Non Dublin Residents and Residents and/or persons persons not acting on acting on behalf behalf of of Dublin-Based Dublin-Based Organizations Organizations 1. Name, birth date, and driver's license or other state-issued photo Yes Yes Yes identification card of the applicant 2. Permanent home address and telephone number, and local address Yes Yes Yes and home and mobile telephone numbers, if available, of the applicant 3. Ifemployed, the name and address of the applicant's employer Yes N/A N/A together with the credentials establishing the exact relationship between the applicant and the applicant's employer OR Name, address and telephone number of the Charitable Purposes N/A Yes Yes organization(s) for which the applicant intends to make solicitations; 4. Name and telephone number, where available, of each person who No Yes-group Yes -group will engage in the conduct of Charitable Solicitor or Salesperson permits permits pursuant to the permit permissible permissible 5. A brief description of the nature of the applicant's business and of the Yes N/A N/A food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application OR Item( s) or services to be sold for Charitable purposes, if applicable N/A Yes Yes 6. The length oftime for which the permit is desired Yes Yes Yes 7. A statement as to whether or not the applicant has been convicted of Yes Yes Yes any felony or misdemeanor involving injury to person( s) or property, theft, fraud, or misrepresentation within ten (10) years preceding the application date 8. A statement as to whether any person intending to engage in the N/A Yes Yes conduct of Charitable Solicitor or Salesperson 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 9. If a vehicle is to be used, a description of the same, together with Yes No Yes 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 fmds reasonably necessarv 10. Two (2) passport-quality photographs of the applicant, which Yes No No photographs shall be two inches by two inches (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishing manner [1 photo shall be kept on file with Police Services; 1 photo affixed to the permitl 11. The fingerprints of the applicant Yes No No 12. A statement whether or not the applicant has failed to pay any Yes No No judgment arising from or connected with the activities authorized by the permit Page 4 of 6 Sri ~ Permit Application Requirements Peddler and Charitable Solicitation Solicitor and Sales Permit Permit 13. A statement whether or not the applicant has suffered revocation of Yes No No any required permit 14. If the applicant is a minor under the age of sixteen (16) years old and Yes N/A N/A employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, ~ 13670 et seq., including amendments thereto 15. If the application involves the sale of food, produce, or any other Yes No No 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 16. Proof of compliance with Section 4.16.080 [setting forth a bonding Yes-for No No requirement], if required solicitors only 17. Photo identification for each person who will engage in the conduct N/A No Yes of Charitable Solicitor or Salesperson pursuant to the permit, such as a state-issued identification card or student bodv identification card 18. A letter from each Charitable Purposes organization set forth in N/A No Yes Section 4.18.070.A.3 certifying the applicant's authority to engage in the conduct of Charitable Solicitor or Salesperson on behalf of the organization 19. Any additional infonnation as required bv the Chief of Police. Yes Yes Yes '(}v Si2ns Prohibitin2 Sales and/or Solicitation Section 4.16.090.E of the Peddlers and Solicitors Ordinance and Section 4.18.090.E ofthe Charitable Solicitation Ordinance have been revised to clarify that, in the event that a sign is posted on a premise that expressly prohibits either sales or solicitation, the sign shall be construed to prohibit both the activities of sales and solicitation, unless otherwise indicated on the sign. Charitable Solicitor and Salesperson Permit Use Requirement Section 4.18.090.B of the Charitable Solicitation has been revised to clarify that the applicant for a Charitable Solicitor and Salesperson permit must carry the permit on their person and exhibit it upon request, and that each person who engages in the conduct of Charitable Solicitor or Salesperson pursuant to the permit shall maintain proof of permit, such as duplicate copy of permit, student body identification card, or other proof of school or organizational emollment, as required by the Chief of Police or his or her designee. This revision will provide the Chief of Police discretion in imposing evidence of permit requirements. For example, a Girl Scout troop of 15 members maybe required to carry a duplicate copy of the permit, but a high school class of 1,300 may be required to carry their study body identification card in addition to or in lieu of a duplicate copy ofthe permit. Protected First Amendment Speech The proposed Peddlers and Solicitors Ordinance and Charitable Solicitation and Sales Ordinance do 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 Page 5 of6 ~Ub?~ (2002536 U.S. 150, 168.) Rather, the proposed permitting requirements set forth in the proposed Ordinances are limited to activities involving a proposed or actual monetary transaction, such as a request for donation or offer of sale, which promotes the City's interest in preventing fraud and crime that may occur with such activities. Thus, an individual engaged in protected First Amendment speech, coupled with a request for a donation for a particular cause, is subject to the Charitable Solicitation and Sales Ordinance. Business Rel!istration Requirements In addition to the permit requirements discussed above, peddlers and solicitors must comply with the City's business registration requirements. DMC Chapter 4.04 requires all persons, including corporations, associations and partnerships of every kind, engaged in any business, trade, profession, calling, or occupation, to obtain a business license and pay a business registration fee, unless an exemption applies to relieve the person from one or both of these requirements. (DMC 99 4.04.050.A.) On the other hand, persons soliciting money or sales on a volunteer basis would not be subject to the business registration requirements of Chapter 4.04, including Girl Scouts selling cookies on behalf oftheir troop or students selling wrapping paper on behalf of their school. 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 Ordinance Amending Chapter 4.16 of the Dublin Municipal Code relating to Peddlers and Solicitors (Attachment 4); and 6) waive reading and INTRODUCE Ordinance Adding Chapter 4.18 to the Dublin Municipal Code Relating to Charitable Solicitation and Sales (Attachment 5). Page 60f6 ---r ~hZ:z,. 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 ofthe 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 of the Dublin Municipal Code is revised as follows: Chapter 4.16. Peddlers and Solicitors 4.16.010 Permit requiredPurpose. The purposes of this chapter are: A. It is unlawful for any person to engage in the business of peddler ',vithin the city of Dublin without first obtaining a permit as pro';ided herein. To regulate individuals entering u~on private property. particularly residential property. to engage in the business of Peddler or Solicitor; B. Permit fees therefor shall be charged by the Chief of Police in the amount established by resolution of the City Council upon recommendation ofthe Chief of Police. 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 burglarv: and C. To balance the rights and interests of those engaged in commercial activities with the Page 1 of9 A TT ACHMENT 2 <'1J 'l ~ ,;\ ,} ]...... rights and interests of those residents who do not want to be disturbed by such activities. 4.16.020 Definitions. For the purposes of this chapter, the words set out in this section shall have the following meamngs: A. "Commercial Purposes" means and includes any and all activities excepting activities for charitable purposes, as set forth in Section 4.18.020.A. B. "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. C. "Peddler" means and includes any person... who for Commercial Purposes, travels 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 who solicits orders and as a separate transaction makos deliyeries 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 ohapter. The word "peddler" shall include the words "hawker," and "huckster~" "canvasser" and "solicitor." "Peddler" includes any person who exercises control, direction, or supervision, oither directly or indireotly, of minors engaged in door to door sales. D. "Person" means and inell::ldes the singulCl::l' and the plural and shall also mean and include any person, firm, or corporation, association, club, copartner or society, or any other organ-ization. "Solicitor" means and includes any person, who for Commercial Purposes, travels 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 pavrnents 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 paving the applicable fees pursuant to this chapter. 4.16.0310 Enforcement officer designated. It shall be the duty of the Chief of Police of the eCity of Dublin , or his or her designee, to Page 2 of9 t>l Po .,' enforce the provisions of this chapterrequire any person seen peddling, solieiting or canvassing, and who is not kno',vn by the Chief ofPoliee to have a permit to prodl:lee lHs-pennit and to enforce the provision of this chapter against any person found to be violating the same. 4.16.04~O Place of registration. The applicant for a permit under this chapter must register and obtain a permit from the Chief of Police. 4.16.0S.Q.O 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 forthgive the following information: lA. Name, birth date, and driver's license or other state-issued photo identification card of the applicant; 2B. Permanent home A~ddress (legal and local) and telephone number, and local address and home and mobile telephone numbers, if available, ofthe applicant; J.G. A brief description of the nature ofthe applicant's business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subiect of the application; ~. If employed, the name and address ofthe applicant's employer together with the credentials establishing the exact relationship between the applicant and the applicant's employer; 2.K The length oftime for which the right to do business permit is desired; Q.F. If a vehicle is to be used, a description of the 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; lG. 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 of the applicant in a clear and distinguishing manner; ~H. The fingerprints of the applicant; .2.I. A statement as to whether or not the applicant has been convicted of any felony 6Fime or misdemeanor involving iniury to person( s) or property, theft, fraud, or misrepresentation within ten (10) years preceding the application datemeral Page 3 of9 I'" tJb", turpitude; 1 OJ. A statement whether or not the applicant has failed to pay any judgment 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; llJ. 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 '..vell 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 provided by any of the folloY/ing: 1 organizations using or employing minors engaged ~(ell:lsi'/el)' in the solicitation of subscriptions, or sale of newspapers door to door when such minor is employed by the newspaper and delivers the ntYNspaper on a regular basis to an established readership for ati 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 oharitable organization; 1 gO'/ernment agenoies (including schools); 5 any religious oorporation or organization ,yhich holds property f-or religious purposes; 6 a bonafide oemetery corporation; 7 a bonafide political oommittee; or 8 a bonafide oharitable corporation organized and operated primarily as a religious organization, eoocational institution, hospital, or a licensed health oare servioe plan. rr 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 14. Proof of compliance with Section 4.16.080, if required; and Page 4 of9 ':1;; ,. 15. Any additional information as required by the Chief of Police. 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. 4.16.0610 Permit Issuance IllvestigatioR aRd issaaRee. A. Upon receipt of such application the Chief of Police shall cause such investigation of the applicant's Business and moral charooter to be made application as he or she deems necessary for the proteetion ofthe pl:lblic 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 l.iRsatisfactory, the Chief of Police shall disapprove 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 oftime 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, as applicable. D. If, as a result of such in'/estigation, the character and business responsibility of the applicant are fOl:lnd 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 ofthe busincss applied for and return said permit to the applicant. Such permit shall eontain the signature of the issuing officer and shall sho'.v the name and address of said permittee, the kind of goods to be sold thereunder, the date of issuance and the length oftime the same shall be operative. The Chief of Police shall keep a reeoro 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 ifhe or she finds any ofthe following: L 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. 1. The applicant has violated the provisions of this chapter. Page 5 of9 \. f6 ..,.; 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 ofthe facts upon which the denial is based and must contain a statement of the appeal procedure set forth in Section 4.16.110. .gr:. If the applicant employs minors to engage in the business of Peddler or Solicitooo 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 of the 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 ofthe 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. 4.16.0+20 Permit Use ExpiratioB. 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 Page 6 of9 ! . lib' ;..''/ in the permit. B. Permit holders shall display their permits in a conspicuous place on their person and exhibit such permits upon request. 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 sales or solicitation, and in the event that the posted sign expressly prohibits one such activity, the sign shall be construed as prohibitin?: the activities of both sales and solicitation, unless otherwise indicated on the am. 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 Exhibition. Peddlers are required to exhibit their p0fIIlits at the request of any citizen. 4.16.090 Permit Nontransferable. No permit issued under the proyisions ofthis chapter shall be used at any time by any person other than the one to v:hom it '.vas issued. 4.16.100 Permitted hours of aetivities. HOl:l:fS of activities ofpermittee are limited from nine a.m. (9:00 a.m.) until nine p.m. (9:00 p.m.); provided, that the permittee '.viII engage in no activities at properties properly posted prohibiting peddling. 4.16.11QO Revaeation of permitPermit Revocation. A. 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: 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.l6.070.CFraud, misrepresentation or false statement contained in the application Page 7 of9 ~ : 'Ob for the permit; B6.. The applicant engages in fraud. misrepresentation. or false statement in the course of engaging in the business of Peddler or Solicitor; GJ. Any violation of this chapter; ~. Conviction of any erime felony or misdemeanor involving injury to person(s) or property. theft, fraud. or misrepresentationmoral turpitude; .g~. Cond1-leting The applicant engages in the business of~eddle~ 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. 4.16.1-2110 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 Manager in accordance with Section 1.04.050. hlY person aggrieved by the action of the Chief of Police in the denial of a permit or in the revocation ofa permit shall have the right of appeal to the City Council of the city of Dublin. Such appeal shall be takon by filing with the City Counoil, within five (5) days after notice of the aotion complained of bas been giyen such person, a ',vritten 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 suoh hearing shall be given to the applioant at least five (5) days prior to the date set for the hearing. The decision and order of the City Couneil on sHch appeal shall be final and conclusive. 4.16.13~0 Violation-Penalty. Any person violating any violation of the provisions of this chapter shall constitute an infraction, upon conviction thereof, and shall be punished as such in accordance with Section 1.04.03Q-by-a fine not to e-xceed one hundred dollars ($100) or by imprisonment not to exceed sixty (60) days, or both suoh fino 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, Page 8 of9 "a+..~." \ U' ~ 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: Fawn Holman, City Clerk 855241_6; 114.1015 Page 9 of9 I'. 6' -1;.r ,.O{)V" ORDINANCE NO. - 07 AN ORDINANCE OF THE CITY OF DUBLIN ADDING CHAPTER 4.18 TO THE DUBLIN MUNICIPAL CODE RELATING TO CHARITABLE SOLICITATION AND SALES 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 and sales 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 and sales activities; and WHEREAS, the City Council desires to regulate charitable solicitation and sales to protect the public against criminal activity including fraud and burglary, at the same time protecting the right of persons to make charitable solicitations and sales within the City to support philanthropic, social service, benevolent, patriotic, and religious activities; and WHEREAS, the City Council desires to encourage, in particular, charitable support for residents of the City and organizations based in the City. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 4.18 ofthe Dublin Municipal Code is hereby added to read as follows: Chapter 4.18. CHARITABLE SOLICITATION AND SALES 4.18.010 Purpose. The purpose of this chapter are: A. To regulate individuals entering upon private property, particularly residential property, to engage in the conduct of Charitable Solicitor or Salesperson; Page 1 of7 A TT ACHMENT 3 ..' r Ik- .~ '"J I I () B. To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as Charitable Solicitors or Salespersons, and from criminal activity including fraud and burglary; and C. To balance the rights and interests ofthose engaged in charitable activities with the rights and interests ofthose residents who do not want to be disturbed by such activities. 4.18.020 Definitions. For the purposes of this chapter, the words set out in this section shall have the following mearnngs: A. "Charitable Purposes" means and includes activities for the benefit of non-profit philanthropic, social service, benevolent, patriotic, educational, or religious activities, including, but not limited to, non-profit organizations, tax-exempt organizations, public and private schools. B. "Charitable Solicitor or Salesperson" means and includes any person, who for Charitable Purposes, travels by foot, automotive vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, soliciting funds, assets, or property, or carrying, conveying, transporting, taking or attempting to take subscriptions, contracts for sale, or orders for the sale of food, goods, wares, merchandise, publications, or other personal property or services or offering and exposing the same for sale, or making sales and delivering articles to purchasers. A "Charitable Solicitor or Salesperson" includes a "Commercial Fundraiser for Charitable Purposes." C. "Commercial Fundraiser for Charitable Purposes" means any individual, corporation, unincorporated association, or other legal entity who for compensation does any ofthe following: I) 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. D. "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. 4.18.030 Permit Required. It is unlawful for any person to engage in the conduct of Charitable Solicitor or Salesperson without first obtaining a written permit as provided in this chapter. 4.18.040 Permit-Exceptions. Page 2 of7 ."l'L . ! IJU .,.t' 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 or Salesperson upon premises owned 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 or Salesperson solely from the members of the Charitable Purposes organization(s) for which the solicitation is made. 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. 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 forth the following information: 1. Name, birth date, and driver's license or other state-issued photo identification card of the applicant; 2. Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant; 3. Name, address and telephone number of the Charitable Purposes organization(s) for which the applicant intends to make solicitations; 4. Name and telephone number, where available, of each person who will engage in the conduct of Charitable Solicitor or Salesperson pursuant to the permit; 5. Item(s) or services to be sold for Charitable Purposes, if applicable; 6. The length of time for which the permit is desired; Page 3 of? Db '., 'J 7. 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; 8. A statement as to whether any person intending to engage in the conduct of Charitable Solicitor or Salesperson 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; and 9. Any additional information as required by the Chief of Police. B. In addition to the permit application requirements set forth in Section 4.18.070.A, applicants for permits under this chapter who are not residents of the City or who are not engaging in the conduct of Charitable Solicitor or Salesperson on behalf of an organization located within the City shall provide the following information: 1. Photo identification for each person who will engage in the conduct of Charitable Solicitor or Salesperson pursuant to the permit, such as a state-issued identification card or student body identification card; and 2. A letter from each Charitable Purposes organization set forth in Section 4.18.070.A.3 certifying the applicant's authority to engage in the conduct of Charitable Solicitor or Salesperson on behalf of the Charitable Purposes organization. 3. If a vehicle is to be used, a description of the 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 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 ofthe applicant and the name and address ofthe 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, as applicable. Page 4 of7 "b .~~ 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 or Salesperson 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 ofthe appeal procedure set forth in Section 4.18.110. F. If the applicant employs minors to engage in the conduct of Charitable Solicitor or Salesperson, the applicant shall obtain a copy of a pamphlet or other materials which summarize the child labor laws ofCalifomia prior to the issuance of the permit. 4.18.090 Permit Use. Charitable Solicitors or Salespersons 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. Applicants for permits under this chapter shall maintain the permit on their person and exhibit such permit upon request. Persons who engage in the conduct of Charitable Solicitor or Salesperson pursuant to the permit shall maintain proof of permit, such as duplicate copy of permit, student body identification card, or other proof of school or organizational enrollment, as required by the Chief of Police or his or her designee. 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 or Page 5 on ....,1 'ub "'}/ Salesperson before 9:00 a.m. or after 8:00 p.m. E. No person shall engage in the conduct of Charitable Solicitor or Salesperson at any premise which is posted with clearly visible signs prohibiting sales or solicitation, and in the event that the posted sign expressly prohibits one such activity, the sign shall be construed as prohibiting the activities of both sales and solicitation, unless otherwise indicated on the sign. 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 S 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 ofthe following causes: 1. Subsequent determination of facts or subsequent occurrence that would have required a denial ofthe 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 or Salesperson 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 or Salesperson pursuant to the permit performs 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 ofthe 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 ofthe facts upon which the revocation is based and must contain a statement ofthe appeal procedure set forth in Section 4.18.110. 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. Page 6 of? lIL. : .~:! .r """u' 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 ifany 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 ofthe State of California. PASSED, APPROVED AND ADOPTED this _ day of ,2007. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Fawn Holman, City Clerk 866877_4; 114.1015 Page 7 of7