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Home My WebLink About38.41 ORDINANCE NO. 38.41 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE V OF .CHAPTER 4 OF THE SARATOGA CITY CODE, RELATING TO PEDDLERS AND SOLICITORS LICENSES...~. The City Council of the City of Saratoga does hereby ordain as follows: Section 1~ Section 4-101 of ~he Saratog~ City Code, contained in Article V of Chapter 4 thereof, is hereby amended by amending the definition of solicitor to read as follows: Solicitor. Any person who goes from house to house, or from place to place, in the City, soliciting orders'from persons other than manu- facturers, wholesalers, jobbers or retailers of such comodities for any goods, wares, merchandise' or thing of value for future delivery, or solicit- ing orders from any personfor services to be per- formed in the future, or soliciting information for use in the compilation of any listing directory or any information designed for use in compilation or analysis of'data for commercial purposes, or soliciting contributions of money or other property: or serviees;for'~nycharitable, Social service, 1 po i~ical,'Senevolent or patriotic purpose, regardless of whether or not such solicitation is by or on behalf of any religious organization. The term solicitor shall include a person taking subscriptions to newspapers; periodicals or maga- zines or other publications. Section 2: Section 4-111 of the Saratoga City Code, contained in Article V of Chapter 4 thereof, is hereby amended by amending the last paragraph thereof to read' a~ follows: Where'an operation is out of a fixed place of business inside the City, by use of agents or employees as peddlers or solicitors in the field, or where'the peddler or solicitor operates as an agent or employee of an owner, manager or super- visor who supervises the work of such person from a fixed place of business inside the City, the total licensefees paid shall in no event exceed three times the fee for a.single peddlers or solicitors license. SeCtion 3: Section 4-107.1 is'hereby added to the · .Saratoga'City Code, and Article V of~ Chapter 4 thereof, to read as follows: SeCtion 4~I07.1. Additional Data on Application fb~ Solicitors License. In addiCidn td the'foregoing, prior ~o the' issuance of a lidense or identification card for a peddler or solicitor, there shall be obtained and filed with the City Clerk each of the following: (a) O~e complete set of fifigerpr~nts'of the proposed peddler or solicitor, on a standard card. Such card shall be obtained at the expense of the solicitor or peddler, and maintained by the City Clerk. '-' (b) Two photographs of each'proposed peddler or solicitor of a size suitable for mounting on the identification card, one photograph to be attached to such card and one to be "- maintained by the City Clerk. (c) The complete description of each automobile or other vehicle which the peddler or solicitor will operate in the City during the term of ~he license. ~'~:~'~"~ I -. '-'~ ~" (d) A report"from the Santa Clara County Sheriff's Office which shall include a local record's .... checkdand a check for outstanding'warrants through ~ - .~ the Police Information ~Network, such report and clearance to be.completed through the offices of the City Clerk. The City Clerk may require such additional hata and information re identification of the a~plicant as may be necessary in order to have a complete identification of such person. Section 4: Section-~-108.:~,is hereby added to the Saratoga City Code, and to Article V of Chapter 4 thereOf~ to read as.follows: Section 4-108.~L! Refusal'of Solicitors License. The City Clerk may refuse to issue a peddlers or solicitors license or identification card if he should find, based upon all the evidence'available to him, that the applicant is not of good character and reputation,.and without limiting the foregoing, may also refuse to issue such license or identifi- cation card on making a determination that any one of the following grounds exist: (a) The applicant has prev~0usly engaged in any activity for which an existing license could be revoked .under any of the:pro- visions of Section 4-115 of this Code; or (b)' The.applicant has tried or been found guilty of any public offense involving'moral turpitqde, theft,.[~ violation of any drug.~;.~narcotic;~ Or law~ relating to the consumption of alcohol,- within the previous twelve (12) months; or -2- (c) There is any warrant outstanding-agains~t said applicant for the violation 6f any criminal law in any jurisdictions; or (d) Applicant is registered under Section 290 of the California Penal Code. Section 5: Section 4-112 of the Saratoga City Code, contained in Article V of Chapter 4 thereof, iS hereby amended by Lamending the last sentence thereof to read as follows: Every person licensed as a peddler or solicitor shall wear the identification card issued to hi~ in a prominent position on his outer Clothing so' it is legible to each prospectiv~ customer at all times. Section 6: SeCtion 4-115 of ~he Saratoga City Code, containedI in Artidie=V of QhapterI4..thereof~ is hereby amended by amending~the lastsparagraph thereof to read as follows: ' ' ' - ' · Before any license other than a peddlers or solicitors license may be revoked for cause, a written statement of one or more o'f the" above set forth grounds shall be filed with the City CounCil, which complaint'.shall be- .... -- verified unless made by an.offiCer o~"employee of the City in his official capacity. The City Council shall provide a public hearing on such complaint, and written notice of the time and place of the sa~e shall be sent by registered mail to the complaining party, and to the liqensee at his address as shown on the license records of the City, at least five (5) days prior to the date of hearing. After such hearing [he Council shall have power to revoke such license for any one-or~mo~efof the above Set forth grounds, and the deCisi6n. of the Council shall be final'and conclusive. The'City Clerk shall havd po~er to revoke. a peddlers or solicitors license upon his finding that any ode or more 6f the above set forth grounds exist therefor,'which revocation may be appealed by the llcensee to the City Council at any time within ten (10) days after the revocation thereof, bywritten notice of appeal filed with the City Clerk, ,. upon receipt of-Which the said Clerk. shall set the same for hearing before 'the .Council at its next regular meeting t~at falls not less than five (5) days after the date of filing of the notice of appeal.' The City' Council shall have power, upon such hearing, ,_ 't0 affirm the action of the City Clerk{ or to reverse and reinstate the.license;o.:?]' orcito'::=eve~sei!.~nda~einsta~e].thed',ticenS'e · ofily upon ~he-Compliahce by licensee ~ith ._ -3- .. - Certain conditions as may be imposed by. the · Council on such reversal. The decision of the City Council shall be .final and conclusive. The revocati6n by the City Clerk shall be effective immediately, and all peddling or. soliciting shall be automatically prohibited and the licensee shall be and remain as an unlicensed person unless, and until, he has appealed the decision and the Council has reversed the decision of 'the City Clerk and reinstated the license. Section 7: Subsection (a) of Section 4-122 of the Saratoga City Code, as contained in Article V of Chapter 4 thereof, relating to exclusions from license provisions, is hereby amended to read as follows: (a) Any person ehgaged in an exempt business as hereinabove set forth in Section 4-120 hereof, which busines'Suh~seasfixed place of business inside the City and which business is not conducted for gain or profit, provided that in the event such business operates through -any peddler or SOlicitor, prior tot~he commence- ment of such operation the names and addresses of each individual peddler or solicitor shall be registered with the City Clerk, together with a written statement of all times during -:~. - ~which such peddling or soliciting will be carried on, and together with a sample of the identification to be used by each such _peddler or solicitor. Section 8: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a ~ourt of competefit jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Saratoga hereby declares that it would .have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective. of the fact thatany one or more sections, subsections, sentences~ clauses or phrases be held invalid Or unconstitutional. · Section 9: This ordinance shall take effect and be · " in full force and effect thirty..(30) days ' after the date of its passage and adoption. The above and foregoing Ordinance-was regularly introduced and afte~ the waiting time. requi~ed by law was thereafter passed and adopted on the lot day 0fi~pt'jm~e~i971, by the following vote: ', : AYES: 'Councilmen Robbins, Smith~ Dyryer, Bridges NOES: None ~ .: · - ' ABSENT :c6uncifm~n 'saneels · . ATTEST,:,~Ci~~/ cdpy published acc6rding.to law. j/' -~uty City Clerk Date