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Home My WebLink About1994-09-13 - ORDINANCES - PEDDLING ON HWYS (2)ORDINANCE NO. 94-11 AN ORDINANCE OF THE CITY COUNCIL OF TRF 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 CHAYfER 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the City Attorney has recommended that Chapter 11.38, Peddling on Highways, of the Santa Clarita Municipal Code be repealed and the letter stating this opinion is on file in the City Finance Department; and WHEREAS, the City desires to allow for the permitting of other solicitors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 16268, 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 11.37.040 11.37.050 11.37.070 11.37.071 11.37.080 11.37.090 11.37.095 11.37.110 11.37.120 Peddlers of edible products -- Permit requirements. Peddlers and vendors of merchandise -- Permit requirements. Exceptions to Section 11.37.040. Peddlers of edible products -- Moving location required when. Peddlers of edible products near schools. Retail goods — Principal's solicitor permit. Retail goods -- Solicitors -- Permit required. Retail goods -- Solicitors -- Hours of solicitation. Patriotic emblems -- Effect of permit. 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 -- Movine 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, I[ 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 Clarity or its agent in writing of every change in personnel of those soliciting for him or her. 11.37.090 Retail goods -- Solicitors — Permit required. 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 Clarity 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 seekine 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 b. 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 September 1994. AND ADOPTED this ___13 day of M -- ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 94-11 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 23 day of August . 1994. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 13 day of September 1994 by the following vote, to wit: AYES: COUNCILMEMBERS: Heidt, Smyth, Boyer, Darcy, Pederson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ty Clerk �dvana\6uNord7.W