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HomeMy WebLinkAboutOrd 17762 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1776 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 6.24 (PEDDLERS AND SOLICITORS) TO CONFORM TO JUDICIAL DECISIONS AND REPEALING CHAPTER 6.26 (CHARITABLE SOLICITATIONS) The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. (a) Federal and State courts have determined that door-to-door sales of merchandise and services is entitled to a middle level of First Amendment protection as commercial speech. Experience in Burlingame and the San Francisco Peninsula shows that some door- to-door sales techniques involve intimidation and high pressure tactics that can evolve into consumer fraud and thinly disguised theft. In addition, there has been violent crime involving door-to-door salespeople, and persons posing as salespeople or service providers have been a source of crime. Neighboring cities have faced an increasing number of home invasion robberies. Burlingame has a large number of elderly people who are particularly susceptible to unacceptable tactics and criminal elements. This ordinance is intended to provide a first level of checks to establish past history of door-to-door sales companies and salespeople for ready reference by citizens. The requirement for fingerprinting is retained in the Municipal Code so the Police Department can conduct a criminal history check through the State Department of Justice under its livescan program; without the fingerprinting, no reasonable criminal history check could be completed on a permit applicant. (b) Local regulation of door-to-door charitable solicitation has been abrogated by Federal and State courts. Instead, citizens are left to rely on the information available fr om the Better Business Bureau, the California Attorney General, and other private sources. Citizens may post no soliciting signs on their homes and businesses, but the courts have largely required that door-to-door solicitation be left to the individual "buyer beware". Therefore, this ordinance repeals the charitable solicitation provisions of the Municipal Code. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2, Chapter 6.24 is amended to read as follows: Chapter 6.24 PEDDLERS AND SOLICITORS Sections: 6. 24.010 Permit required. 6.24.020 Application for permit. 6.24.030 Permit fee and investigation. 6.24.040 Business license. 6.24.050 Issuance or denial of permit. 6.24.060 Appeal. 6.24.070 License and permit not transferable. 6.24.080 Display of permit. 6.24.085 No soliciting at residence when posted. 6.24.090 Revocation or suspension of permits. 6.24.010 Permit required Unless exempted from the provisions of this title pursuant to chapter 6.04, itis unlawful for any person to operate, engage in, conduct, carry on, or permit to be operated, engaged in, conducted or carried on within the city, the business of peddler or solicitor unless a permit for such business and the individual engaged in peddling or soliciting has first been obtained from the police department of the city and remains in effect in accordance with the provisions of this chapter. 6.24.020 Application for permit. Any person, including those holding a license issued under other chapters of this title, desiring a permit to peddle or solicit (except those who sell to merchants with a fi xed place of business for purpose of resale) shall first make an application therefor by filing with the license collector a sworn application in writing on a form to be furnished by the license collector which shall give the following information: (a) Name, residence and telephone number; (b) The previous address of the applicant for the five (5) years immediately prior to -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the present address of the applicant; (c) Taxpayers identification number and driver's license number, if any; (d) Fingerprints (taken by the police department for criminal history investigation purposes) and three (3) portrait photographs at least two (2) inches by two (2) inches, taken within the last sixty (60) days immediately prior to the date of the filing of the application, which photograph shall show the head and shoulders of the applicant in a clear and distinct manner; (e) Applicant's height, weight, color of eyes and hair; (f) Business occupation or employment of the applicant for the five (5) years immediately preceding the date of application; (g) The business license, if any, and permit history of the applicant; whether such person, in previously operating in this or any other city or state, under license has had such license or permit revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspensions or revocation; (h) Whether such person has ever been convicted of any crime, except misdemeanor traffic violations. If there has been any such conviction, a statement must be made giving the place and court in which such conviction was had, the specific charge under which the conviction was obtained and the sentence imposed as a result of such conviction; sold; (i) A brief description of the nature of the business and the goods or services to be (j) The name of the business under which the solicitation in the city will be conducted; (k) I`he application will also include a separately signed waiver and release authorizing the city, its agents and employees to seek information and to conduct an investigation into the truth of the statements made on the application. 6.24.030 Permit fee and investigation. All applications for permits shall be accompanied by an investigation and permit fee -3- 2 4 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the sum of fifty ($50) dollars, no part of which is refundable, together with the fingerprinting fee established for public fingerprinting by council resolution and the fee charged by the state for fingerprint submittal. Upon receipt of the application, the license collector shall refer the application to the police department, which within a period of ten (10) business days from the date of filing the application shall interview the applicant or any other person and make any other investigation necessary to approve or deny the permit. If the police department is unable to complete its review within ten (10) business days from the date of filing the application, the application will be deemed approved and the department shall issue the permit; however, should the department determine after issuance that the application should have been denied, the permit will be suspended pursuant to section 6.24.090 below. 6.24.040 Business license. At the time of the application for a permit, applicant shall also apply for and furnish the information necessary to obtain a business license as required by Chapter 6.04 of this code unless the applicant will be an employee of another person who has obtained or is obtaining a city business license. No business license shall be issued until the investigation is completed and the permit is approved. The business license shall be issued upon payment of the business license fee as provided in Chapter 6.04 of this code. 6.24.050 Issuance or denial of permit. The police depart ment shall issue such permit if all required information has been furnished and the report filed fi nds that (a) The applicant has not been convicted of any law involving fraud or moral turpitude; an d (b) The applicant has not knowingly and with intent to deceive made any false, misleading or fraudulent oral or written statements in the permit application or to any person investigating Lite application. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The permit shall be denied if all of the above findings cannot be made or if all of the information required is not supplied to the city. If denied, the reasons therefor shall be endorsed upon the application, and the police department shall notify the applicant upon which the reasons have been endorsed by first class mail. � 6.24.060 Appeal. In the event a permit has been denied, applicant shall have ten (10) days from the date of mailing the notice within which to appeal to the city council by filing a written application for a public hearing with the clerk of the city. Notice and a public hearing shall be given as follows: (a) Upon receipt of the appeal, the city clerk shall set the matter for hearing before the council, at a regular meeting thereof, within thirty (30) days fiom the date of filing the appeal and shall give written notice of such hearing to the applicant at the address set forth in the appeal by first class mail at least ten (10) days prior thereto; (b) On the date set, the council shall hear the matter, and may continue it from time to time before reaching a decision. If the council fi nds that the applicant has satisfactorily net all of the requirements of this chapter, it shall order the issuance of the permit and business license. If it finds that the requirements have not been met satisfactorily, it shall deny the permit and license; (c) All findings of the council shall be final and conclusive upon the applican t. 6.24.070 License and permit not transferable. No license or permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the one to whom it was issued. 6.24.080 Display of permit. Each person issued a permit under this chapter shall keep it in the person's personal possession when going door to door conducting any soliciting or peddling in the city, an d it -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall be displayed to any person upon request. 6.24.085 No soliciting at residence when posted. No person shall peddle any services or goods or solicit any payments for any services or goods at any dwelling unit where a sign is prominently posted or displayed indicating "No Solicitors" or "No Soliciting" or a similar indication that no solicitation is desired by the occupant of the dwelling unit. 6.24.090 Revocation or suspension of permits. (a) Any permit issued under this chapter shall be subject to suspension or revocation by the city manager for violation of, or for causing or permitting violation of any provision of this chapter or for any grounds that would warrant the denial of such permits in the first instance. (b) Prior to the suspension or revocation of any permit issued under this chapter, the permittee shall be entitled to a hearing before the city manager or the manager's designated representative, at which time evidence will be received for the purpose of determining whether or not such permit shall be suspended or revoked or whether the permit may be retained. In the event the permit is suspended or revoked, the notification of the reasons for such suspension or revocation shall be set forth in writing and sent to the permittee by means of first class mail. (c) In the event of suspension or revocation of any permit, the permitt ee may appeal to the city council in the manner as provided in section 6.24.060. Section 3. Anew subsection 6.08.140(c) is added to read as follows: (c) The license fee required by this section is imposed on and payable by the business and not on or by each individual employee of the business that is engaged in peddling or soliciti ng. -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. Chapter 6.26 is repealed. Section 5. This ordinance shall be published as required bylaw. I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a meeting of the City Council of the City of Burlingame on the 3`d day of January, 2006, and the ordinance was duly adopted at a regular meeting of the City Council on the 17`t' day of January, 2006, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE S:\Ordinances\ord1776.ord.doc n erk -7-