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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and Sections 4.52.070 and 4.52.080 of Title 4, Chapter 4.52 of the Anaheim Municipal Code be, and the same are hereby, repealed.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. -1- .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." -2- 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. -3- 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)." -4- 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 5- 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 • zdea aoTjod 30400/100 asueo7Z