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HomeMy WebLinkAbout1985-11-05; City Council; 8384-1; Code changed - peddlers,solicitors,vendors & etcCI' -- OF CARLSBAD - AGENL- BILL ?& a LB# yff+'-- IITG.-- -5-g IEPT. CA CHANGES TO MUNICIPAL CODE REGARDING DEPT.HD. PEDDLERS, SOLICITORS, VENDORS CITY AND CANVASSERS CITY MGR.-& RECOMMENDED ACTION: Introduce Ordinance No. (PO76 ITEM EXPLANATION Existing regulations on peddlers, solici ors and street vendors are scattered throughout various sections o the Carlsbad Municipal Code creating a confusing regulatory scheme P This ordinance eliminates the confusion by consolidating the restrictions into one chapter. In addition, the proposed ordinance will elimina the legal infirmaties and confusion which presently exist in the lations on door to %- t' door solicitors. The ordinance continues the existing prohibition on the sale of any goods or merchandise from any public street, parking lot or sidewalk. A provision has been added which also prohibits the sale of goods or merchandise from any temporary display, vehicle, wagon, or pushcart in any commercial zone except as otherwise provided by the zoning ordinance. The ordinance allows the sale of food or beverages from motor vehicles as regulated in the same manner as we have always done in Carlsbad. This ordinance does not, and is not, intended to differentiate between the various types of food vending vehicles. The ordinance establishes a permit procedure for vehicular food vendors. Existing exceptions for newsracks and deliveries are included in the ordinance. In addition, the chapter also provides that the City Manager may issue permits for temporary promotional sales and for street fairs. The principle policy change made by the ordinance is in the provision regulating door to door solicitors. The law requires that door to door solicitors be permitted to practice their trade unless a property owner has given notice that he or she does not wish a solicitor to come on the property. Under the proposed ordinance such notice may be given by the posting of a "no solicitors" or "no peddlers" sign on the property. Blanket prohibitions of door to door solicitation are generally invalid, but the City may establish reasonable restrictions to protect citizens from annoying calls or possible criminal activity provided that the ordinance does not discriminate between commercial and noncommercial solicitation. Therefore, the ordinance prohibits all door to door solicitation or canvassing before 8:OO a.m. or after 9:00 p.m. FISCAL IMPACT This ordinance should create no fiscal impact and we believe will eliminate the possibility that a legal challenge to our ordinance would occur. Our current ordinance, particularly the one dealing with door to door solicitation is, in our opinion, unconstitutional and subject to challenge. EXHIBIT Ordinance No. 6074 'i a1 1 -- 5.04.141 Display on public ways prohibited. NO person shall display, show, stand or store any goods or merchandise upon any public street or sidewalk. or merchandise necessarily delivered to a street or sidewalk area shall be removed therefrom promptly, and in any event, within thirty minutes after said goods or merchandise are first deposited upon said street or sidewalk. This section shall not prohibit the display of newspapers, magazines and other periodicals customarily sold by news vendors on the sidewalk which does not interfere with normal pedestrian traffic. (Ord. 6044 (part), 1971). Any goods 5.04.142 Permits for promotional sales. The main- tenance director may, from time to time, issue temporary permits providing for the holding of promotional sidewalk sales, subject to such restrictions as to length of time and other conditions as he deems reasonably necessary for the public good. (Ord. 1261 §5(part), 1983; Ord. 6044 (part), 1971). . ,. .. 10.40.060 Unlawful parking of vehicles of peddlers and vendors. (a) Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares , merchandise, fruits, vegetables or foodstuffs are sold, rented, displayed, so- licited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street or public parking lot within this city; ex- cept, that such vehicles, wagons or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to per- sons delivering such articles upon order of, or by agree- ment with, a customer from a store or other fixed place of business or distribution. (b) No person shall park or stand on any street, or public parking lot, any lunch wagon, eating cart or vehicle, or pushcart from which tamales, peanuts, popcorn, candy or other articles of food are sold or offered for sale without first obtaining a written permit to do so from the legis- 'lative body which shall designate the specific location in which such cart shall stand. , . (c) No person. shall park or stand any'vehicle or ' .' wagon used or intended to be used in the transportation of property for hire on any street, or public parking lot, while awaiting patronage for such vehicle or wagon without first obtaining a written permit to do so from the legis- lative body which shall designate the specific location where such vehicle may stand. ditions as the legislative body may require, and shall be revocable at any time by the legislative body at its sole discretion. (e) Notwithstanding anything in this section to the contrary, no person shall stand or park any vehicle, wagon or pushcart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, rented, displayed, soli- cited or offered for sale or bartered or exchanged, or any lunch wagon or eating cart or vehicle, on any portion of any street, public parking lot or other public right-of-way within the city within one half mile of an elementary or junior high school building or school grounds while children are going to or leaving such school during opening or closing hours or during the noon recess period. (Ord. 3132 51, 1981: Ord. 3128 S1, 1981; Ord. 3071 S1; Ord. 3005 S65) (d) Such written permits shall be upon such con- I 5.08.010 (b) Classification B. Persons engaged in the busi- nesses listed in this subsection shall pay a license tax of twelve dollars plus thirty-five cents for each thousand dollars of annual gross receipts or portion thereof, from the bueiness, but in no event shall the license tax be less than fifteen dollars. Janitorial service Lapidary shop Intra-city private trucking Bus transporation Bakery Cocktail lounge Delivery service Auto renting and/or leasing Tavern Confectionery Restaurant Auto parts--Sales Toy store Variety store Garage Liquor store (c) Classification C. Persons engaged in the busi- nesses listed in this subsection shall pay a license tax of twelve dollars plus thirty cents for each thousand dollars of annual gross receipts or portion thereof, from the business, but in no event shall the license tax be less than fifteen dollars. Rental of two or more apart- ment units whether at the same or separate location Boarding, lodging/or Rooming house Locksmith Motel/hotel Trailer court Jewelry and/or watch repairing Motor court Shoe store Appliance store Radio and TV sales and re- Sporting goods store Trailer, boat and motorcycle dealer Bowling alley Apparel store Lumber and building materials store Service station Car wash Coin operated dry cleaning business Feed and ice dealer pair Office supply store Specialty stores Trailer camp Department store Florist Hardware store Car dealer, new or used Nursery and garden supply store Paint, glass and wallpaper Store Creamery Diaper service Laundry and dry cleaning (agent and plant) Theater Penny or small coin arcades and/or amusement park Specialty food sales store Tobacco and periodicals store Book store Drug store Gift, novelty, souvenir store Grocery and food sales store Furniture store Farm equipment store 67 5.08.020 Linen service Meat market Dairy route man Coin operated vending machines Public dance halls, ice skating rinks and roller skating rinks, subject to a special permit from the city council to be first obtained; provided, however, that nothing contained in this chapter shall be construed as abrogating or repealing the provisions of any ordinance or regulation of the city or of the city council thereof, dealing expressly with the subject of public dance halls or public dances, nor as interfering with any regulatory ordinance of requirement made or adopted with reference thereto by the city council; provided further, that when a dance is anducted in connection with and only as an incident of any other business duly licensed under the prc- visions of this chapter, conducting the same shall be sub- ject to special permit from the council to be first obtained. (d) Classification D. Persons engaged in the businesses listed in this subsection shall pay a license tax of twelve dollars plus twenty cents for each thousand dollars of annual gross receipts or portion thereof, from the business, but in no event shall the license tax be less than fifteen dollars. Wholesaler Manufacturer Farmer Rancher Grower (e) In the event a person is engaged in a business which conducts activities in two or more of the stated classifications in this section, and does not segregate the gross receipts of such activities, he shall pay a license tax on the gross receipts of all the business activities, at the rate applicable to the major or largest single portion of his business. (f) Any business for which a business license tax is not provided herein, shall be taxed upon its gross receipts as if classified in classification B of this section. (Ord. 6049 S3, 1973; Ord. 6042 Sl, 1971; Ord. 6040 S15, 1967). 5.08.020 Distribucion of advertising matter. The license tax for distributing advertising bills, posters, pictures, lithographs, maps, plates, announcements, samples or other devices, or any other advertising matter of any kind is ten dollars per day for each individual person engaged in such actual distribution; provided, however, that such license fee shall not be payable when such dis- tribution is made as an incident to the conducting of any business regularly licensed under this chapter, where the 68 (Carlsbad 4/18/73) 8.32.010 Chapter 8.32 PEDDLERS Sections : 8.32.010 Entering private property without permission. 8.32.010 Entering private property without permission. It is unlawful for any person who is not representing a nonprofit organization to go onto private property within the city without first having been requested to do so by the occupant of such property, for the purpose of selling, offering for sale or soliciting orders for the sale of any merchandise, product, service or thing whatsoever. (Ord. 6038 51). 140-1 (Carlsbad 3/81) .. 1 2 3 4 5 6 7 a 9 10 11 12 0 1E 1s 2c 23 22 2: 24 22 2E 25 2.5 ORDINANCE NO. 6076 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 5, CHAPTER 5.04 BY THE REPEAL OF SECTIONS 5.04.141 AND 5.04.042; TITLE 5, CHAPTER 5.08 BY THE ADDITION OF SECTION 5.08.105; TITLE 8, BY THE AMENDMENT OF CHAPTER 8.32 ; AND TITLE 10, CHAPTER 10.40 BY THE REPEAL OF SECTION 10.40.060 OF THE CARLSBAD MUNICIPAL CODE TO CONSOLIDATE AND REVISE THE RESTRICTIONS CONCERNING PEDDLERS, SOLICITORS, STREET VENDORS AND CANVASSERS. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1 : That Title 8, Chapter 8.32 of the Carlsbad Municipal Code is amended to read as follows: ChaDter 8.32 PEDDLERS, SOLICITORS, VENDORS AND CANVASSERS Sections: 8.32.010 Display, sale or storage on public ways 8.32.020 Permits for promotional sales. 8.32.030 Street fairs. 8.32.040 Entering private property for the purpose of 8.32.050 Restrictions on hours. 8.32.060 Business license required. prohibited. sale without permiss ion. 8.32.010 Display, sale or storaqe on public ways prohibited. (a) Except as otherwise provided in this chapter, no person shall display, sell or store any goods or merchandise from any temporary or permanent display, vehicle, wagon or pushcart upon any public street, public parking lot or sidewalk. (b) A person may display or sell food or beverages from a motor vehicle specifically equipped for display or sale of food or beverages provided that the person has first obtained a permit required by this chapter. A person may stand or park such vehicles for the purposes of selling or offering to sell their food or beverages only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. No person shall sell or offer to sell goods or merchandise from any vehicle on any portion of any street, public parking lot, or other public right-of-way within the City within one half mile of a public school building or school grounds while children are going to or leaving such school during opening or closing hours or during the noon recess period. No person shall sell or offer .. 1 2 3 4 5 6 7 e 9 IC 11 12 t 0 1E 1< 2( 21 2: 2; 24 2: 2t 2'; 2t to sell goods or merchandise from any temporary display, vehicle, wagon or pushcart in any commercial zone except as provided in Title 21. permanent structure all or part of which is located on a public street, sidewalk, parking lot or public street or utility easement, may be used for the sale of goods or merchandise provided that all appropriate permits required by Titles 6, 11, 18 and 21 have been issued. prohibit the display or sale of newspapers, magazines and other periodicals customarily sold by news vendors on the sidewalk from vending racks or machines provided the display or sale does not interfere with normal pedestrian traffic. prohibit the delivery of goods or merchandise upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. Any goods or merchandise necessarily delivered to a street, public parking lot or sidewalk shall be removed therefrom within thirty minutes after said delivery. (c) If permitted by the provisions of Title 21, a (d) Nothing in this section shall be construed to (e) Nothing in this section shall be construed to 8.32.020 Permits for promotional sales. The City Manager may, from time to time, issue temporary permits providing for the holding of promotional sidewalk sales, subject to such restrictions as to length of time and other conditions as he deems reasonably necessary for the public health, safety and welfare. 8.32.030 Street Fairs. The City Manager may from time to time issue temporary permits for street fairs subject to such restrictions as to the length of time and other conditions as he deems reasonably necessary for the public health, safety and welfare. 8.32.040 Entering private property for the purpose of sale without permission. No person shall go onto private property within the City for the purpose of selling, offering for sale or soliciting orders for the sale of any merchandise, product, service or thing whatsoever when the occupant of such property has given notice or warned such persons to keep away. A sign posted by the occupant of the property, with the words "no solicitors" or "no peddlers" or other similar words, at or near the front door or primary entrance to a residential structure on private property shall constitute sufficient notice or warning pursuant to this section. For any property used for a purpose of other than a residential use such notice may be posted, at each public entrance to any structure on the property in any conspicuous location on the property, in such a manner so as to provide reasonable notice of the restriction. 8.32.050 Restrictions on hours. No person shall go onto private property for the purposes of commercial or noncommercial peddling, soliciting, vending or canvassing before the hour of 8:OO a.m. or after the hour of 6:OO p.m. of any day. 2. 1 2 3 4 5 6 7 8 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 8.32.060 Business license required. All persons engaged in the business of soliciting, peddling, or vending subject to the provisions of this chapter shall obtain a business license pursuant to Chapters 5.04 and 5.08 of this code.'' SECTION 2: That Title 5, Chapter 5.04 of the Carlsbad Municipal Code is amended by the repeal of Sections 5.04.141 and 5.04.142. SECTION 3: That Title 5, Chapter 5.08 of the Carlsbad Municipal Code is amended by the addition of Section 5.08.015 to read as follows: "5.08.015 Solicitors and vendors. Any person engaged in the business of soliciting, vending or peddling regulated by Chapter 8.32 shall pay a license tax according to Section 5.08.010(c) unless such soliciting, vending, or peddling is conducted as an incident to any business regularly licensed under this chapter." SECTION 4: That Title 10, Chapter 10.40 of the Carlsbad Municipal Code is amended by the repeal of Section 10.40.060. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of November I 1985 , and thereafter /// /// /// /I/ 3. 1 2 3 4 5 6 7 8 9 10 11 12 19 19 20 21 22 23 24 25 26 27 28 0 PASSED AND ADOPTED at a regular meeting of said City Council held on the 19th day of November , 1985 by the followinq vote, to wit: AYES: Council Members Lewis, Kulchin, Chick and Pettine NOES : None ABSENT : Council Member Casler APPROVED AS TO FORM AND LEGALITY CLAUDE A. LEWIS, Mayor Pro-Tern ATTEST: ALETHA L. RAUTENKRANZ, City qlerk 4.