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HomeMy WebLinkAboutOrd 0456G A ORDINANCE NO. 456 AN ORDINANCE AMENDING THE ORDINANCE CODE BY ADDING TO SECTION 1044 A PROVISION11GULATING PERSONS SOLICITING WITHIN THE CITY The City Council of the City of Burlingame does ordain: Section 1. Section 1044 - PEDDLERS-SOLICITERS is hereby amended to read as follows: Section 1044 - PEDDLERS - SOLICITERS Every person who conducts the business of peddling or who offers for sale any goods then in his possession shall pay an annual license of one hundred and twenty (0120.00) dollars pay- able in advance; provided, however, that any person maintaining a regular route of established deliveries of food products shall pay an annual license of fifty (c4p50.00) dollars. As herein used the term "established delivery" means a delivery of articles of food made by a person over a definite route of travel, serving regular customers and which route has been established for at least one year. Every person soliciting orders for sale, exchange or delivery of any goods not then in his actual possession, (except- ing those who sell to merchants with a fixed place of business, for the purpose of resale) shall pay an annual license fee of one hundred and twenty (w120.00) dollars, payable in advance. Any person, except as herein otherwise provided, desiring a license to engage in the business of soliciting orders for sale, exchange or delivery of any goods not then in his actual possession, (excepting those who sell to merchants with a fixed place of business for purpose of resale) shall first make application therefor for permit and license under this ordinance by filing with the Tax Collector a sworn application in writing (in duplicate) on a form to be furnished by the Tax Collector which shall give the following information: (a) Name and description of applicant; (b) Address - legal and local; (c) A brief description of the nature of the business and the goods to be sold and in the case of product of farm or orchard, whether produced or grown by the applicant; (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship. (e) The length of time for which to do business is desired. (f) If a vehicle is to be used, a description of the same, together with license number or other means of identification. (g) A photograph of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which picture shall show the head and shoulders of the applicant in a clear and distinguishing manner. (h) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of a municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor. (i) Applicant shall file a statement by a reputable physician of the City of Burlingame dated not more than ten days prior to the submission of the application certifying the applicant to be free of infectious, contagious or communicable disease. (j) At the time of filing an application a fee of 110.00 shall be imposed by the Tax Collector to cover the cost of investigation. Upon receipt of the application, the original shall be referred to the Chief of Police, who shall cause such investiga- tion of the applicant's business and moral character to be made as he deems necessary for the protection of public good. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfa the Chief of Police shall endorse on such application his findings and his reasons for disapproval and return said application to the Tax Collector, who shall notify the applicant that his application is disapproved and that no permit or license will be issued. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satis- factory, the Chief of Police shall endorse on the application his approval, executing a permit addressed to the applicant for carrying on the business applied for and return said permit along with the application to the Tax Collector, who shall, upon payment of the prescribed license fee deliver to the applicant his permit and issue a license. Such license shall contain the signatures of the issuing officer and shall show the name, address and photograph of the licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or peddling. No license or permit issued under the provisions of this section shall be used or worn at any time by any person other than the one to whom it was issued. It shall be the duty of any police officer of the City of Burlingame to require any person seen peddling or soliciting and who is not known by such officer to be duly licensed, to produce his peddler's license and permit and to enforce the provisions of this ordinance against any person to be violating the same, Permits and license issued under the provisions of this section of the code may be refused by the Chief of Police of the city after notice and hearing, for any of the following causes: 1. Fraud. Misrepresentation or false statements contained in the application of the license or permit. 2. Fraud. Misrepresentation or false statement made in the course of carrying on his business of peddling or solicita- tion. 3. Any violation of this ordinance. 4. Conviction of any crime or misdemeanor involving moral turpitude. 5. Conducting the business of peddling or soliciting in an unlawful manner or in such a manner as to constitute a breach of the peace and to constitute the menace of the health, safety or general welfare of the public. Notice of the hearing for the revocation of the license shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing. Any person aggrieved by the action of the Chief of Police, in the denial of the application for a permit or license or in the di_spostion with reference to the revocation of a license or permit as provided in this code shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the Council within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for a hearing on such appeal and notice shall be given to the appellant by mail, postage prepaid, to his last known address at least five days prior to the date set for a hearing. The disposition and order of the Council on such appeal shall be final and conclusive. Section 2. This ordinance shall be published once as required by law. I. Herbert K. White, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the Burlingame City Council held on the 17th day of November, 1947, and adopted on the 1st day of December, 1947, by the following vote: AYES: COUNCILMEN: Dahl -Harris -Hunt -Simonds NOES: COUNCILMEN: None ABSENT COUNCILMEN: VVhitsell J Herbert K. I,1'hite, City Clerk