3823FOLLOWS:
ORDINANCE NO. 3823
AN ORDINANCE OF THE CITY OF ANAHEIM REPEAL-
ING SECTIONS 3.48.020, .3.48.030 AND 3.48.040
OF TITLE 31, CHAPTER 3.48, AND SECTIONS
4.52.070 AND 4.52.080 OF TITLE 4, CHAPTER
4.52 OF THE ANAHEIM MUNICIPAL CODE AND ADD-
ING NEW SECTIONS IN THEIR PLACE AND STEAD
RELATING TO SOLICITORS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Sections 3.48.020, 3.48.030 and 3.48.040 of Title
3, Chapter 3.48, and Sections 4.52.070 and 4.52.080 of Title 4,
Chapter 4.52 of the Anaheim Municipal Code be, and the same are
hereby, repealed.
SECTION 2..
That new Sections 3.48.020,.3.48.030, and 3.48.040.be,
and the same -are hereby, added to Title 3, Chapter 3.48 of the
Anaheim Municipal Code,.to read as follows:
"SECTION .3.48.020 SOLICITORS - NO FIXED PLACE
OF BUSINESS WITHIN CITY -
LICENSE REQUIRED - FEES.
Every individual engaged in the business of solicit-
ing in person, by teiephoneor by any other means of
communication,.the retail sale of any goods, wares,
merchandise, services or other things of value for
future delivery, -or soliciting any opinions, prefer-
ences, endorsements,- or other information from persons
within the City, not otherwise licensed under the
provisions of this Code and not -having a regularly
established place of business within the City, as said
established place of business within the City shall be.
defined in this section, shall pay a license fee as
follows:
.010 Fifty dollars per year if
the individual engaged in the business of soliciting
has no regularly established place of business within
the City, as -hereinafter defined in this section, and
unless the person,.persons, firms -or corporations -for
whom he is soliciting have a principal's, solicitor's
or peddler's license as -provided in Section 3.48.030.
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.020 Two dollars per year if the
person, persons, firms -or corporations for whom he is
soliciting have a principal's, solicitor's 'or peddler's
license as provided in Section 3.48.030 -hereof.
The phrase 'having a regularly established place of
business within the City' as used in this section shall
be defined as any individual having a fixed place of
business within the City for a period of not less than
one hundred eighty (180) days and having a State Sales
Tax number applicable to the aforementioned place of
business -so established in the City.
SECTION 3.48.030 PRINCIPAL'S, SOLICITOR'S OR
PEDDLER'S LICENSE.
Any person,.firm or corporation, either employing or
contracting with.one or more individuals to have such
individuals solicit the retail sale of any goods, wares,
merchandise, services or other things of value for
future delivery, or to sell or peddle.goods, wares and
merchandise as set forth in Section 3.48.010.040, or
soliciting any opinions, preferences, endorsements, or
other information from persons within the City, not
otherwise licensed under the provisions of this Code .
and not having a regularly established place of busi-
ness within the City, may obtain a principal's,
solicitor's or peddler's license and pay a license fee
of Two Hundred Fifty Dollars ($250.00) annually, in
advance.
The License Collector shall not issue such license
until the applicant files with the License Collector
a list of all solicitors and/or peddlers employed by
the applicant or with whom the applicant has contrac-
ted, and a signed agreement that the applicant, within
five (5.) days thereafter, will notify the License
Collector in writing of every change in personnel of
those soliciting and/or peddling for him.
SECTION 3.48.040 REQUIREMENTS FOR LICENSE.
No license to peddle or solicit shall be issued to any
person unless and until such .person furnishes the License
Collector with his Sales Tax number and agrees to report
separately in his Sales Tax return to. the State of Cali-
fornia, the amount of receipts -from sales in the City of
Anaheim and/or the receipts -from sales for use in the
City of Anaheim, and agrees to pay the required one per-
cent (l.$) Sales or Use Tax on such receipts. This
section shall apply only to those businesses subject to
payment of a Sales or Use Tax under the laws of the State
of California."
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SECTION 3.
That new Sections 4.52.070 and 4.52.080 be, and the
same are hereby, added to Title 4, Chapter 4.52 of the Anaheim
Municipal Code, to read as follows:
"SECTION 4.52.070 PEDDLERS AND SOLICITORS TO
APPLY TO LICENSE COLLECTOR
FOR DETERMINATION OF LICENSE
FEE OR EXERTION - CERTIFICATE
OF IDENTIFICATION FROM POLICE
DEPARTMENT.
In addition to the other requirements of this Code and
ordinances of the City of Anaheim, and regardless of
whether or not any person may be exempt from the pay-
ment of a license fee under the provisions of Chapter
3.48 of this -Code, by reason of being engaged in inter-
state commerce or otherwise, every person engaged in the
business of selling or soliciting orders -for the sale
of any goods, wares or merchandise, magazines, papers,
periodicals, or any other form of occupation or business
involving canvassing and soliciting from house to house
or place to place, or upon the streets and public places
within the City, including any person engaged in the
business of soliciting or obtaining opinions, prefer-
ences,s endorsements or other information from persons
within the City, shall, before engaging in such busi-
ness or occupation, make application to the City
License Collector, and the City License Collector shall
determine whether or not all necessary license fees
have been paid by the applicant and if all necessary
fees. have been paid or are tendered to the License
Collector and if all other requirements of this Code
have been met, the applicant shall make identification
to the Police Department, and receive therefrom a cer-
tificate showing that such identification has been made.
Every such person shall identify himself to the Police
Department by signing and filling out an identification
blank which shall contain the following information:
.010 Name.
.020 Age.
.030 Permanent address, if any.
.040 Local temporary address, if any.
.050 General description of the
person, in such further detail as the Police Department
may require, including fingerprints.
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Upon making such application and identification and
complying with the provisions of this chapter, it
shallbe the duty of the Police Department to. issue
such person a certificate showing that such person
has complied with the provisions -of this section;
however, such certificate shall not be issued to
such person by the Police Department until said
Department shall have received information, if any,
on the prior criminal record of such person from the
Bureau of Criminal Identification and Investigation
of the State of California. No certificate shall be
issued to any applicant whose record reveals a con-
viction of any felony or any crime involving moral
turpitude. Such person shall thereafter retain such
certificate and have the same upon his person at all
times while engaged in any of the activities mentioned
in this -section, and it shall be the duty of such
person to display the same to any party of whom he
solicits -any business upon request therefor.
Nothing contained in this section shall be construed
to require a certificate of identification to be ob-
tained by any person licensed pursuant to any law of
the State of California which law requires that said
person be identified by means of fingerprints on file
with -the State of California, Bureau of Criminal
Identification and Investigation, and which law of
the State of California provides that no such license
shall be issued to any person whose record reveals a
conviction of any felony or any crime involving moral
turpitude; provided, however, that such person shall
at all times have on his person, and in his immediate
possession, such license issued pursuant to said laws
of the State of California.
Nothing contained in this section shall be construed
to require a certificate of identification to be ob-
tained by any person eighteen (18) years of age or
under who is enrolled as a full-time student in any
public or private elementary or high school, and who
has resided within the City for at least six (6)
months immediately preceding the time said person is
required to obtain a certificate of identification
pursuant to this section.
SECTION 4.52.080 PEDDLERS AND SOLICITORS -
CERTIFICATE OF IDENTIFICA-
TION - PAYMENT OF COST OF
PROCESSING.
In order to defray the cost of preparation and process-
ing of .the .certificate of identification required of all
persons enumerated in Section 4.52.070.of this Code,
each such person, upon making application for such cer-
tificate, shall pay to the City License Collector a
processing fee of Five Dollars ($.5.00)."
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SECTION 4. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section,.paragraph, sentence or word of this chap-
ter of the Code, hereby adopted, be declared for any reason to be
r invalid, it .is the intent of the Council that .it would have passed
all other portions of this chapter independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 5.
The City Clerk shall certify to the passage of this or-
dinance and shall cause the same to be printed once within fifteen
(15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, printed, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in .full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this '7th ': day of ebruar
1978.
i
OR H O AHEIM
ATTEST:
ITY CLERK OF THE CITY OF ANAHEIM
JLW: fm
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA.D..ROBERTS, .City. Clerk..of the' City of Anaheim, do.heteby' certify
that the foregoiag.Ordinance No.'3823:was.introduced'at a.regular.meeting of
the City Council of the' City -.of- Anabeim, held on' the .'31st- day .of January, . 1978,
and that the same was duly passed and adopted'.at.a.regular meeting of said
City Council held on the 7th day oflFebruary, 1978, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: . Kaywood, Seymour, Kott,-Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL'MLMBERS: None
AND I FURTHER CERTIFY that.the'Mayor'of'the'City-of Anaheim signed said
Ordinance No. ' 3823. on' the 7th' day of February, 1978.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of Anaheim this 7th day of February, 1978.
CITY CL1MK OF. THE. CITY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3823 and was published once in
the Anaheim Bulletin on the 17th day of February, 1978.
CITY CLERK
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