HomeMy WebLinkAbout1994-08-23 - AGENDA REPORTS - PEDDLER SOLICITOR PERMITAGENDA REPO
T Ll�j
ity Manager Approv
Item to be presented by:0
Steve Stark 6�
PUBLIC HEARING
DATE: August 23, 1994
SUBJECT: ADOPTION OF A CITY PEDDLER AND SOLICITOR PERMIT
CHAPTER 11.37, REPEAL OF THE CITY'S PEDDLING ON
HIGHWAYS CHAPTER 11.38, AND ESTABLISHMENT OF FEES FOR
A CITY PEDDLER AND SOLICITOR PERMIT AND INTRODUCTION
OF AMENDMENTS TO THE COUNTY BUSINESS LICENSES CODE
FOR CONSIDERATION FOR ADOPTION, BY REFERENCE.
DEPARTMENT: Finance and Community Development
BACKGROUND
At incorporation, the City of Santa Clarita adopted by reference the County of Los Angeles
Business Licenses Code (Title 7). Since City adoption of this code, the County has made over
100 amendments to it. While the majority of the amendments are minor items for
clarification, the County did repeal solicitors and peddlers licensing for uses other than
commercial motor vehicles and special events. In September 1993, the Council was asked
to adopt, by reference, County amendments to the Business Licenses Code in order to bring
our code in conformance with the County's. At that time, the Council stated that they did
not want to adopt the County amendments but instead monitor any increases in complaints
that may occur as a result of the County changes. In March 1994, Council directed staff to
further research the issue of peddler licensing and stricter enforcement of illegal peddlers
because they had noticed an increase in peddlers in the City and complaints about them had
increased.
ACTION
The Finance Department created a public participation plan to seek input on the issue of
peddlers and solicitors. The City worked closely with the Canyon Country Chamber of
Commerce, the SCV Chamber of Commerce, the Public Information Resource Group, the
Valencia Industrial Association and various individuals. Staff also conducted two public
meetings open to the general public. Staff has incorporated the suggestions and comments
received from these groups to obtain the following:
The new County business licenses code is too inflexible and could be detrimental to
some small peddling and soliciting businesses.
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( r. Clem:
■ The old County Code is sufficient regarding peddling and soliciting; however, stricter
enforcement is needed.
■ To avoid confusion as to the purpose intended, the City should change the name of the
business license to a "Peddlers Permit."
■ City staff, in conjunction with the County, should monitor all costs, complaints, fee
structure, and enforcement, for one year and review the process to assess if it meets
the needs of the community.
To address the desires of the community the City would need to adopt by ordinance a City
Peddler and Solicitor Code Chapter 11.37 of the Municipal Code, Title 11 Public Peace and
Welfare, thereby creating a peddler and solicitor permit. An identical fee to that charged by
the County for the old peddlers and solicitors licenses would be charged for the City permit.
This fee is $125.00 for the first year and an annual renewal fee of $45.00. The County would
be able to print, administer and enforce a City peddler and solicitor permit under the existing
City's General Services Agreement with the County. The City would request that the County
Business License Division increase enforcement in Santa Clarita over the next year. The
additional cost of enforcement should be offset by a corresponding increase in revenue. It
should be noted that the City's intention is not to generate revenue, as the permit fees are
based solely on the costs of administering the program. At the end of the year staff will
review the peddler and solicitor process -and make appropriate changes.
The City also needs to adopt, by reference, the amendments to the County Business Licenses
Code which the County has adopted between August 11, 1988 and January 18, 1994 so that
the City's Business Licenses Code will be in compliance with the County's. Although the
amendments would eliminate the County Peddlers and Solicitors Licensing, the City's
Peddler and Solicitor Permit would be in place so there would be no changes in allowable
activities. Having one version of the County business licenses code in effect would reduce the
confusion that presently exists among County staff who now issue and enforce different
versions of the code. Adoption of the County amendments by reference include provisions to
make business license procedures and enforcement applicable to the new City permit.
The City may correct the existing vague and unenforceable "Peddling on Highways" Chapter
11.38 of the existing Municipal Code by repealing that section consistent with the City
Attorney's opinion. This would serve to clarify the issue of peddlers in the City and aid in
enforcement efforts.
11 bIK61018101011 lUONVI
Based on input received from citizens and organizations and input received from the County
Business License Division staff recommends that the City Council:
1. Receive staff presentation, open public hearing, take public testimony, adopt
Resolution No. 94-96 establishing a schedule of fees for a City of Santa Clarita
Peddler and Solicitor Permit.
2. Introduce, waive further reading and pass to second reading Ordinance No. 94-11
amending the Santa Clarita Municipal Code to repeal Chapter 11.38 of Title 11
(Peddling on Highways) and to add Chapter 11.37 of Title 11 (Peddlers and Solicitors),
relating to Public Peace and Welfare.
3. Introduce and read Ordinance No. 94-10 for consideration for adoption by reference
the amendments to the County Business Licenses Code as adopted by the County
between August 11, 1988 and January 18, 1994, publish and schedule for public
hearing prior to second reading.
ATTACHMENTS
Resolution 94-96
Ordinance 94-10
Ordinance 94-11
READING FILE
Summary of Changes to Title 7 between August 11, 1988 and January 18, 1994.
Copy of the County Business Licenses Code Title 7, as amended through January 18, 1994.
Procedures for Permit Issuance.
A Sample City Peddler and Solicitor Permit.
mmol/busdarl.lhs
Public Hearing Procedure
1. Mayor opens hearing
-States purpose of hearing
2. City Clerk reports on hearing notice
3. Staff report
4. Proponent Argument (30 minutes)
5. Opponent Argument (30 minutes)
6. Five-minute rebuttal (Proponent)
•Proponent
7. Mayor closes public testimony
8. Discussion by Council
9. Council decision
10. Mayor announces decision
CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
INTENTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
TO ADOPT A RESOLUTION TO ESTABLISH FEES FOR A CITY PEDDLER AND
SOLICITOR PERMITS
PUBLIC NOTICE IS HEREBY GIVEN:
A public hearing will be held before the City Council of the City of Santa Clarita to
consider and receive protests relating to the intention of the Council to adopt Resolution
No. 94-96 to establish a fee schedule for the City of Santa Clarita Peddler and Solicitor
Permit. Proposed fees are $125.00 for the first year and an annual renewal fee of $45.00.
The public hearing will be held by the City Council in the City Hall Council Chambers,
23920 Valencia Boulevard, First Floor, the 23rd day of August, 1994, at or after 6:30 p.m.
Proponents, opponents and any interested persons may be heard on this matter at this
time. Further information may be obtained by contacting the City Clerk's office, Santa
Clarita City Hall, 23920 Valencia Boulevard, Suite 300, Santa Clarita, CA 91355.
Any property owner within an area of benefit may file a written protest delivered to the
City Council at, or prior to, the public hearing. The property owner may protest against
any or all of the developer fee amount proposed to be levied. All protests must be in
writing, signed by the property owner, and must contain a description of the property to
clearly identify it. If the signer is not shown on the last equalized assessment roll as the
property owner, the protest must have written evidence that the signer is the property
owner.
If you wish to challenge the action taken on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City of Santa Clarita at, or prior
to, the public hearing.
Dated: August 1, 1994
Donna M. Grindey
City Clerk
Publish Dates: August 5, 1994
ad�"\husiaumo
RESOLUTION NO 94-96
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA ESTABLISHING A
SCHEDULE OF FEES
FOR THE CITY OF SANTA CLARITA PEDDLER AND SOLICITOR PERMIT
WHEREAS, the City of Santa Clarita (the "City") desires to establish a,Peddler and
Solicitor Permit under the City's Municipal Code to replace the Peddlers and Solicitors
Business License which was eliminated from the Los Angeles County (the "County") Business
Licenses Code; and
WHEREAS, the City has adopted Ordinance No. 94-11 thereby adopting a Peddler
and Solicitor Ordinance (Chapter 11.37 of the Municipal Code) which establishes a City
Peddler and Solicitor Permit; and
WHEREAS, the City wishes to comply with both the letter and the spirit of Article
XIIIB of the California Constitution and limit the growth of taxes; and
WHEREAS, the City desires to establish a policy of recovering the costs reasonably
borne of providing special services of a voluntary and limited nature, such that general taxes
are not diverted from general services of a broad nature and thereby utilized to subsidize
unfairly and inequitably such special services; and
WHEREAS, heretofore the City Council has adopted Ordinance No. 90-17 on July 10,
1990, establishing its policy as to the recovery of costs and more particularly the percentage
of costs reasonably borne to be recovered from users of City services and directing staff as to
the methodology for implementing said Ordinance; and
WHEREAS, the City desires to instate the Peddler and Solicitor Permit with the same
fee that was charged by the County for a Peddlers and Solicitors License; and
WHEREAS, pursuant to Government Code Section 66018 the specific fees to be
charged for services must be adopted by the City Council by Resolution, after providing notice
and holding a public hearing; and
WHEREAS, notice of public hearing has been provided per Government Code Section
6062a, oral and written presentations made and received, and the required public hearing
held; and
WHEREAS, a Peddler and Solicitor Permit fee, to be paid by those requesting such
special services, must be adopted so that the City might carry into effect its policies; and
WHEREAS, pursuant to California Government Code Section 6062a, a general
explanation of the schedule of fees and charges has been published as required; and
WHEREAS, all requirements of California Government Section 66018 are hereby
found to have been complied with;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The Finance Director of the City of Santa Clarita shall issue, or cause
to be issued, peddler and solicitor permits for those peddling and soliciting activities not
eligible to apply for a business license (see note) for the following fees:
Annual Renewal
PEDDLER
1.
Non -Commercial Motor Vehicle
$125.00
$45.00
2.
Non -Special Events
$125.00
$45.00
SOLICITOR
1.
Charitable
No Fee
2..
Company (principal)
$125.00
$45.00
3.
Individual (not a principal)
$125.00
$45,00
*Note: Commercial Motor Vehicle or Special Events Peddlers are eligible to apply for
business licenses (see Municipal Code, Title 5 or County Code, Title 7) and are not eligible
to apply for a City of Santa Clarita Peddler and Solicitor Permit.
SECTION 2. All fees set by this Resolution are for each identified process; additional
fees shall be required for each additional process or service that is requested or required.
Peddler and Solicitor Permits are valid for a maximum of one year and are subject to an
annual renewal fee. The first year fee shall apply for all permits which have expired prior
to renewal or for which a substantial change has been made in the permitted request as
determined by the City's Finance Director.
SECTION 3. All fees under this resolution shall become effective upon adoption of
the Peddler and Solicitor Ordinance (Ordinance No. 94-11) and execution of an agreement
with the County to administer and enforce the Peddler and Solicitor Permit process on behalf
of the City.
PASSED, APPROVED AND ADOPTED this _______ day of
, 1994.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA j
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA }
I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the
Resolution was duly adopted by the City Council of the City of Santa
meeting thereof, held on the day of
following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
advance\buavee.iha
above and foregoing
Clarita at a regular
, 1994 by the
Summary of Changes to Title 7
7.02.150, 7.10.400, 7.17.050, 7.17.060, 7.17.081, 7.17.110, 7.17.130, 7.17.170 - Transfer the
authority for conducting business license hearings and enforcement responsibilities relating to
ambulette businesses from the Business License Commission to the Department of Health
Services.
7.02.315 - Added the term "Tax Collector" (means the treasurer and tax collector of the County
of Los Angeles, or his authorized deputy, agent, or representative.
7.04.130 - Added the tax collector's authority to inspect any business activities which require a
license.
7.04.145 - Every person subject to business license shall make promise in writing to make
reasonable efforts to keep premises graffiti free.
7.04.220 - Deleted term "peace officer" to read any officer authorized to issue, inspect, or collect
licenses.
7.04.320 - Changes violations fines ( to read "not exceeding $1000.00 instead of $500.00)
7.04.330 - Changes violations fines for operating without license. First violation $500.00 instead
of $100.00. Second violation and any subsequent $1000.00 instead of $500.00.
7.04.350 - Changes violation of injunction fines to be $1000.00 instead of $500.00. Also states
that this penalty will be in addition to any other penalties imposed.
7.04.380 - Added authority to order a business to cease operations if the official has reasonable
cause to believe that the business is operating in such a manner that would not qualify for the
necessary license. The official may 1. Post notice 2. If business has not ceased within 48 hours
of posting, can take appropriate actions
7.06.070 - Added Peddler- edibles as a business designated to have a valid license.
7.06.300 - Transfers authority to tax collector from license collector.
7,10.340 - Business License Commission must make a decision based on referee's report within
30 days of receipt of report.
7.12.110 - Business License Commission must transmit all appeals within 5 days of receipt of
transcripts of hearings.
7,12.120 - License Appeals Board must take action within 30 days of receipt of information from
7.12.110.
7.16.280, 7.16.310 - Increased rates 5% that ambulance operators can charge for services.
PAGE 2
7.16.340 - Any modification of rates by ambulance operators shall be adjusted each July 1st of
each year to reflect changes in value of the dollar.
7.17.150 - Requires that ambulette drivers and attendants show proof of a valid driver's license,
First Aid Certificate and Personal Safety Certificate prior to obtaining a business license.
7.04.200, 7.04.130, 7.30.160, 7.30.170, 7.30.320, 7.36.060, 7.36.080, 7.36.140, 7.38.080,
7.38.100, 7.38.110, 7.38.150, 7.38.160, 7.40.040, 7.40.050, 7.40.080, 7.40.100, 7.40.130,
7.40.180, 7.42.040, 7.52.040, 7.52.050, 7.58.070, 7.58.090, 7.58.100, 7.58.110, 7.64.030,
7.76.310, 7.80.241, 7.80.410, 7.08.470, 7.80.480, 7.88.030 - Transfers authority from sheriff to
tax collector.
7.30.440, 7.47.100, 7.56.150, 7.56.160, 7.58.120, 7.060.050, 7,080.400, 7.80.530 - Added tax
collector as authority.
7.36.340 - Entertainer activity restrictions - added authority of any local law enforcement agency,
and must notify within 48 hours instead of 24 hours of activity.
7.54.010 - Added Definitions of Massage parlor, Massage, and Massage services.
7.54.030 - Added Employee reporting requirements for each person employed as an
acupressurist, masseuse, or massage technician.
7.54.080 - Establish site requirements for massage or massage services.
7.54.170 - Prohibits recording of activities where massage or massage services are being
conducted.
7.54.180 - Only standard or portable massage tables shall be used. Beds, mattresses and water
beds may not be used in the administration of a massage.
7.54.250 - No massage services allowed at any other location other than that stated on license
7.54.260 - Added Clothing requirements for massage and massage services.
7.54.270 - Added all massage technicians must wear picture I.D. issued by tax collector while
working.
7.54.280 - Added that all establishments licensed under massage services must have a manager
on the premises.
7.54.290 - Establishes authority to revoke license under certain circumstances.
b
POST THIS LICENSE IN A CONSPICUOUS PLACE
CITY OF SANTA CLARITA PEDDLER AND SOLICITOR PERMIT
No.099174
CITY OF SANTA CLARITA, LOS ANGELES COUNTY, STATE OF CALIFORNIA
THE PERMFTTEE NAMED HEREON HAS PAID TO THE UNDER SIGNED CITY FINANCE DIRECTOR THE AMOUNT SHOWN AND IS HEREBY
PERMITTED, UNDERTHE PROVISIONS OFTHE MUNICIPAL CODE CHAPTER 11.37 FORTHE PERIOD EXPIRING ON THE DATE SHOWN, TO CARRYON THE
BUSINESS OR OCCUPATION SPECIFIED, AT LOCATIONS WITHIN THE CITY OF SANTA CLARITA AS PROVIDED BY SAID CODE. THIS PERMIT IS SUBJECT
TO ANY SPECIAL CONDITIONS SHOWN,IS VALID ONLY IN THE CITY OF SANTA CLARITA, AND MUST BE CONSPICUOUSLY DISPLAYED BY THE
PERMITTER DURING THE CONDUCT OF ALL BUSINESS
PERMITTEE, LOCATION -BUSINESS, OCCUPATION, OR VEHICLE
JOE JONES
1234 MAIN ST..
SANTA CLARITA, CA, 91350
DECAL/PLATE NO.
0654
111111R1
06/17/94 DATE OF ISSUE.
05/31/95 EXPIRATION DATE
$ 3 3 S.. 00 +- PERMIT FEE
+ PENALTY COLLECTED
CITY OF SANTA CLARITA
FINANCE DIRECTOR
SPECIAL CONDITIONS:
POSSESSION OF WRITTEN PERMISSION FROM ANY AND ALL PRIVATE PROPERTY OWNERS DIRECTLY AFFECTED BY SAID PEDDLING
ACTIVITIES
POSSESSION OF A CITY OF SANTA CLARITA TEMPORARY USE PERMIT FOR ANY AND ALL PEDDLING ACTIVITY WHICH EXCEEDS THE
SPECIFIED TIME LIMIT FOR EACH LOCATION,
POSSESSION OF A CITY OF SANTA CLARITA HOME OCCUPATION PERMIT FOR ANY USE WHICH IS HOME BASED.
POSSESSION OF A VALID COUNTY OF LOS ANGELES HEALTH PERMIT FOR PEDDLERS OF EDIBLE PRODUCTS
TILLS LICENSE IS NOT TRANSFERABLE
ATTACHMENT "A"
PROCEDURES FOR PERMIT ISSUANCE
PEDDLERS/SOLICITORS ORDINANCE
The City of Santa Clarita has recently passed Ordinance 94-11 relating to the licensing of
peddlers/solicitors. The City has contracted the County of Los Angeles Business Licensing
Division to enforce this ordinance. The following is a list of procedures which the County will
follow in order in administer the new ordinance.
A new Peddler/Solicitor Permit form will be issued to the County by the City for
issuance. This form will be in conformance with the current Business License
which is issued for all other types of businesses within the City.
2. The County will obtain an application form from each individual applying for the
Peddler/Solicitor Permit. The same application form which is currently used for
all other business licenses will be used. The information collected will include
type of business, address of business, home address and phone number, state
sales license number, pertinent individual information, and corporation status..
3. The County will collect a permit fee upon application as determined by Council by
resolution. This fee will be non-refundable as it will cover the cost of the
regulatory and reviewing agencies required to approve the application.
4. The County will fill out a zoning referral slip which will be forwarded to the City
Planning office to ensure use is in conformance with current City zoning regulations.
5. Upon approval from City planning department concerning zoning and proper health
permits required by the County Health Department, the County will give each
application an identification number to be input into the current County Business
License database.
6. The County Business License Division will review application information and
background information on applicant to determine approval. If approved, the County
will then issue the Peddler/Solicitor Permit to the applicant.
7. The County will provide the City with a master listing on all Peddler/Solicitor Permits
issued on a quarterly basis. This listing may be included in the master listing of
Business Licenses so long as the Peddler/Solicitor permits are given their own
category listing.
ORDINANCE NO. 94-10
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
INCORPORATING, BY REFERENCE, LOS ANGELES COUNTY AMENDMENTS TO
TITLE 7 BUSINESS LICENSES OF THE LOS ANGELES COUNTY CODE
WHEREAS, the City of Santa Clarita (the "City") adopted, by reference, the Los
Angeles County (the "County") Title 7 Business Licenses Code as Title 5 of the City of Santa
Clarity Municipal Code on August 11, 1988 through adoption of Ordinance No. 88-37; and
WHEREAS, the City has a five year General Services Agreement with the County to
administer miscellaneous and sundry services which shall run for a period ending
June 30, 1998; and
WHEREAS, the County administers services relating to business licensing for the City
under the General Services Agreement; and
WHEREAS, the County has amended the Title 7 Business Licenses since the City
adopted the Los Angeles County Code, by reference, on August 11, 1988; and
WHEREAS, the County amendments to Title 7 Business Licenses have included the
repeal of solicitors and peddlers licensing for uses other than commercial motor vehicles and
special events; and
WHEREAS, the City will consider amending Title 11 of the City's Public Peace and
Welfare Code to allow for the permitting of other solicitors and peddlers; and
WHEREAS, the City Council introduced the amendments to the Title 7 Business
Licenses which have been adopted by the County between August 11, 1988 and January 18,
1994 for consideration for adoption, by reference, on August 23, 1994; and
WHEREAS, the City may wish to enter into an agreement with the County for the
purpose of having the County administer a City of Santa Clarita Peddler and Solicitor Permit
if the Council adopts provisions for such a permit; and
WHEREAS, this amendment is statutorily exempt from the California Environmental
Quality Act as a ministerial action (Section 15268, CEQA).
NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as
follows:
SECTION 1. The amendments to the Los Angeles County Title 7 Business Licenses
Code adopted by the County between August 11, 1988 and January 18, 1994 are hereby
adopted, by reference, as the Business Licenses Code for the City of Santa Clarita to the
extent applicable to the City and shall remain in full force and effect indefinitely from the
effective date of this ordinance, or until the City Council enacts an ordinance superseding all
or any portion of these Los Angeles County Business Licenses Code provisions.
A summary of the changes to the County Business Licenses Code Title 7 occurring
between August 11,'1988 and January 18, 1994 is on file in the Finance Department.
A copy of such Los Angeles Business Licenses Code as amended through County
Ordinance 94-009 passed January 18, 1994 by the County Board of Supervisors is on file in
the office of the City Clerk, shall be maintained by such clerk, and shall at all times be
available for public inspection.
SECTION 2. The following amendments are made to the County of Los Angeles Code
amendments referenced herein:
(a) Whenever "Board of Supervisors" or 'Board" is used, it shall mean the Santa
Clarita City Council;
(b) Whenever the geographical limits of the County of Los Angeles are used, they
shall mean the geographical limits of the City of Santa Clarita, unless a different
geographical area is clearly indicated by the context;
(c) Whenever "County", "County of Los Angeles or "unincorporated territory of
the County of Los Angeles" is used, it shall mean the City of Santa Clarita.
(d) For Chapter 7.04, 7.06, 7.08, 7,10, and 7.12, whenever "license' or "licensee"
is used, it shall also mean "permit" or "permittee consistent with the intent of City
Ordinance No. 94-11, establishing a City Peddler and Solicitor Permit.
SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this
1994.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §
CITY OF SANTA CLARITA )
day of
I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of 1994. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the day of 1994 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEM3ERS:
ABSENT: COUNCILMEMBERS:
advance\0wbrd111u
City Clerk
ORDINANCE NO. 94-11
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA CLARITA, CALIFORNIA,
AMENDING THE SANTA CLARITA MUNICIPAL CODE TO REPEAL CHAPTER 11.38
OF TITLE 11 (PEDDLING ON HIGHWAYS) AND TO ADD CHAPTER 11.37 OF TITLE
11 (PEDDLERS AND SOLICITORS), RELATING TO PUBLIC PEACE AND WELFARE
WHEREAS, the City of Santa Clarita (the "City") adopted, by reference, the Los
Angeles County (the "County") Title 7 Business Licenses Code; and
WHEREAS, the County Business Licenses Code does not include provisions for
solicitors and peddlers licensing for uses other than commercial motor vehicles and special
events; and
WHEREAS, the City Attorney has recommended that Chapter 11.38, Peddling on
Highways, of the Santa Clarita Municipal Code be repealed and the letter stating this opinion
is on file in the City Finance Department; and
WHEREAS, the City desires to allow for the permitting of other solicitors and
peddlers; and
WHEREAS, the County administers services relating to business licensing for the City
under the General Services Agreement; and
WHEREAS, the City desires to enter into an agreement subsequent to the General
Services Agreement with the County for the purpose of having the County administer a City
of Santa Clarita Peddler and Solicitor Permit; and
WHEREAS, this amendment is statutorily exempt from the California Environmental
Quality Act as a ministerial action (Section 15268, CEQA)
NOW, THEREFORE, the City Council of the City of Santa Clarita does ordain as
follows:
SECTION 1. The Santa Clarita Municipal Code is hereby amended to repeal Chapter
11.38, Peddling on Highways, of Title 11, Public Peace and Welfare.
SECTION 2. The Santa Clarita Municipal Code is hereby amended to add Chapter
11.37 Peddlers and Solicitors to read as follows:
CHAPTER 11.37
PEDDLERS AND SOLICITORS
Sections`
11.37.010 Patriotic emblem defined.
11.37.020 Peddler and Solicitor Permit -- Permit Required
11.37.030 Peddlers of edible products -- Permit requirements.
11.37.040 Peddlers and vendors of merchandise -- Permit requirements.
11.37.050 Exceptions to Section 11.37.040.
11.37.070 Peddlers of edible products -- Moving location required when.
11.37.071 Peddlers of edible products near schools.
11.37.080 Retail goods -- Principal's solicitor permit.
11.37.090 Retail goods -- Solicitors -- Permit required.
11.37.095 Retail goods -- Solicitors -- Hours of solicitation.
11.37.110 Patriotic emblems -- Effect of permit.
11.37.120 Patriotic emblems -- Peddling or seeking donations prohibited where.
11.37.010 Patriotic emblem defined. "Patriotic emblem" means:
A. Any flag, rosette, button, sticker, ribbon, token, toy, trinket, souvenir,
or any other article or thing which displays the national colors or which purports to be sold
by or to be sponsored by any real or purported organization of war veterans.
B. Any "poppy," "badge or "label," as those terms are defined in Section
538c of the Penal Code of California.
11.37.020 Peddler and Solicitor Permit -- Permit Required.
The peddler and solicitor permit shall be required for those non-commercial motor vehicle and
non -special event peddling and soliciting activities which are not eligible to receive a business
license under Title 5 of the City of Santa Clarita Municipal Code
11.37.030 Peddlers of edible products -- Permit requirements. Every individual,
whether as an employee or otherwise, engaged in the business of peddling, selling or
delivering liquids or edibles for human consumption from packs, baskets, handcarts, wagons
or other vehicles, either retail or wholesale, excepts dairy products and except persons selling
or delivering or both, to retail or wholesale establishments for resale, agricultural products
raised by them, shall first procure a permit and pay and annual peddler and solicitor permit
fee in the amount set forth by the City of Santa Clarita and an annual Health Permit fee in
the amount set forth by the County.
11.37.040 Peddlers and vendors of merchandise -- Permit requirements. Every
hawker, itinerant peddler, itinerant vendor or other individual, whether as an employee or
otherwise, engaged in the business of peddling or selling goods, wares or merchandise from
packs, stands, handcarts, wagons or other vehicles, except dairy products, and not otherwise
provided for in this chapter, shall first procure a permit and pay a permit fee in the amount
set forth by the City of Santa Clarita.
11.37.050 Exceptions to Section 11.37.040. Section 11.37.040 does not apply to:
A Merchants having a fixed place of business in the City of Santa Clarita;
B. Employees of such merchants;
C. Farmers selling farm products produced by them.
11.37.070 Peddlers of edible products -- Moving location required when. A person
engaged in the business of peddling, selling or delivering liquids or edibles for human
consumption from packs, baskets, handcarts, wagons or other vehicles, either retail or
wholesale, shall not remain or permit his pack, basket, handcart, wagon or other vehicle to
remain in any one location for the purpose of sale or display of liquids or edibles for more
than 30 minutes during any 24-hour period or return to the same location within any 24-hour
period unless during all of the time during which he is at such location he keeps the premises
in a neat and orderly condition, picks up and disposes in a sanitary manner of all debris,
garbage, papers, litter and other things which detract from the sanitation, safety and
appearance of such premises, and either:
A. All food products except liquids are sold only in sealed packages or from
sanitary dispensers; or
B. Toilet and handwashing facilities are available to the said licensee
within a distance of 300 feet from the location, which facilities meet with the approval of the
health officer.
11.37.071 Peddlers of edible products near schools Any person described in
Section 11.37.070 of this code shall not engage in business within 1,000 feet from any school
Property boundary, while children are going to or leaving such school during opening or
closing hours or during the noon recess period.
11.37.080 Retail goods -- Principal's solicitor permit A. Every person either
employing or contracting with one or more individuals to have such individuals solicit the
retail sale of any goods, wares, merchandise or services for future delivery may obtain a
principal's solicitor permit in the amount set forth by the City of Santa Clarita.
B. The City of Santa Clarita shall not issue such permit until the applicant
files with the City a list of all solicitors employed by the applicant or with whom the
applicant has contracted, and a signed agreement that the applicant, within five days
thereafter, will notify the City of Santa Clarita or its agent in writing of every change in
personnel of those soliciting for him or her.
11.37.090 Retail goods -- Solicitors -- Permit reouired Every individual engaged
in the business of soliciting the retail sale of any goods, wares, merchandise or services for
future delivery shall first procure a permit and pay a permit fee in the amount set forth by
the City of Santa Clarita, with the exception of those permitted under Section 11.37.080.
11.37.095 Retail goods -- Solicitors -- Hours of solicitation Individuals engaged
in the business of soliciting the retail sale of any goods, wares, merchandise or services shall
not, and an agent or employee of any such person shall not, without a prearranged
appointment, solicit at any premises within the City of Santa Clarita as follows:
A. With the exception specified in Section 11.37.095(B), such soliciting shall
be prohibited between the hours of 8:00 p.m. and 8:00 a.m.
B. During the period when Daylight Saving Time, as authorized by the
Federal Uniform Time Act, as amended, is in effect, such soliciting shall be prohibited during
the hours of 8:30 p.m. and 8:00 a.m.
11.37.110 Patriotic emblems -- Effect of permit. A permit issued under this
Ordinance or any other ordinance does not permit the peddling, soliciting the sale of, or
soliciting or accepting contributions for the gift of any patriotic emblem contrary to this
chapter.
11.37.120 Patriotic emblems -- Peddling or seeking donations prohibited where.
A person shall not, in any public park or public place, or on or along any highway or
sidewalk, or in any entranceway abutting thereon, or by going from house to house or from
place to place, peddle, solicit the sale or solicit or accept contributions for the gift of any
patriotic emblem; provided, however, that a person in an entranceway or on other private
property adjacent to a public highway or sidewalk may solicit persons passing along such
highway or sidewalk by such entranceway or other private property to come onto such private
property for the purpose of examining or purchasing, or both, any goods, wares or
merchandise there offered for sale.
SECTION 3. Chapter 11.37 of the City of Santa Clarita Municipal Code shall also be
known as the "Peddler and Solicitor Ordinance."
SECTION 4. The City Manager is authorized to enter into an agreement with the
County for purposes of administering the City of Santa Clarita Peddler and Solicitor Permit.
SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this
, 1994.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA CLARITA
day of
I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of 1994. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the day of 1994 by the following vote, to
wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
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