For the purposes of this chapter, “peddler” means any person, whether as an employee or otherwise, engaged in the business of itinerant peddling, selling, hawking, vending, delivery or soliciting for sale, either retail or wholesale, any merchandise, including but not limited to liquids or edibles for human consumption, from packs, baskets, temporary stands or facilities, handcarts, or vehicles as defined in Section 8.36.010 of this code, at any place other than a fixed place of business in the unincorporated territory of the county. The term “peddler” shall not include a person engaged in the delivery or sale of pre-ordered goods to a private residence or business with the prior consent of the owner, occupant, lessee, or the designee of said persons, including but not limited to employees. (Ord. 2008-0013 § 1, 2008: Ord. 92-0132 § 38, 1992.)

For the purposes of this chapter, “commercial vehicle” means any vehicle as defined in California Vehicle Code section 260. (Ord. 2008-0013 § 2, 2008.)

“Patriotic emblem” means:
A. Any flag, rosette, button, sticker, ribbon, token, toy, trinket, souvenir, or any other article or thing which displays the national colors or which purports to be sold by or to be sponsored by any real or purported organization of war veterans.
B. Any “poppy,” “badge” or “label,” as those terms are defined in Section 538c of the Penal Code of California. (Ord. 5860 Ch. 2 Art. 12 § 607, 1951.)

No person shall conduct business as a peddler as defined in this title, or engage in the business of peddling, whether as an employee or otherwise, except as authorized by the provisions of this chapter, and until the person has first procured any and all applicable health permits required by state law or other local ordinances, and has procured a business license upon payment of the fee set forth in Section 7.14.010 of this Title 7. No person shall be subject to the payment of such business license fees upon proof that the applicant is a veteran of any of the United States armed forces. (Ord. 92-0132 § 40, 1992.)

A license issued pursuant to this chapter does not relieve the licensee from the necessity of complying with other applicable laws, and each license issued pursuant to this chapter shall contain upon it the following statement:

This license does not relieve the licensee from compliance with other applicable laws prohibiting the sale or display of merchandise on public highways, sidewalks, parkways, and roadways nor from compliance with applicable zoning, building and safety, fire, health and other requirements.

(Ord. 91-0094 § 1, 1991.)

A person may engage in the business of peddling only under the following circumstances:
A. Peddling liquids or edibles for human consumption from a vehicle, which meets the definition of commercial vehicle, used for the transportation and/or preparation of food when conducted on public highways, but not including public sidewalks; and
B. Peddling at special events, which is conducted on the premises of such special event, as approved by the business license commission, including but not limited to sports events, concerts and exhibitions. (Ord. 2008-0013 § 3, 2008: Ord. 92-0132 § 42, 1992.)

This chapter does not apply to the following:
A. The sale or other disposition of patriotic emblems or any other items as part of a charitable solicitation, providing that such person conducting the sale or disposition has complied with the provisions of Chapter 7.24 of this title;
B. Farmers selling farm products produced by them;
C. Interstate peddlers who solicit orders for merchandise to be shipped into this State at some later time. (Ord. 2008-0013 § 4, 2008: Ord. 92-0132 § 45, 1992.)

A person engaged in the business of peddling liquids or edibles for human consumption from commercial vehicles used for the transportation and/or the preparation of food, either retail or wholesale, pursuant to a license obtained pursuant to this chapter, shall not remain or permit such vehicle to remain in any one location for the purpose of sale or display of such liquids or edibles for more than 30 minutes in a residential zone, or 60 minutes in a non-residential zone, during any three-hour period and shall not return to any location within one-half mile of each prior location where the person sold or displayed liquids or edibles within said three-hour period. Said three-hour period shall commence upon the Peddler’s departure from the last location where peddling occurred. Any person described in this section, during all of the time which he or she is at any such location, shall maintain the location in a neat and orderly condition, pick up and dispose in a sanitary manner all debris, garbage, papers, litter and other things which detract from the sanitation, safety and appearance of such premises, and otherwise comply with the California Health and Safety Code. (Ord. 2008-0013 § 5, 2008: Ord. 92-0132 § 47, 1992: Ord. 8424 § 1, 1963: Ord. 8285 § 1, 1962: Ord. 5860 Ch. 2 Art. 12 § 604, 1951.)

Any person described in Section 7.62.070 of this code shall not engage in business within 1,000 feet from any school property boundary, while children are going to or leaving such school during opening or closing hours or during the noon recess period. (Ord. 87-0217 § 1, 1987: Ord. 87-0167 § 1, 1987.)

Any person described in section 7.62.070 of this code shall not emit music or other sounds from an external speaker affixed to a commercial vehicle between the hours of 8:00 p.m. and 6:00 a.m. (Ord. 2008-0013 § 6, 2008: Ord. 2002-0028 § 1, 2002)

A. Every person either employing or contracting with one or more individuals to have such individuals solicit the retail sale of any goods, wares, merchandise or services for future delivery may obtain a principal’s solicitor’s license in the amount set forth in Section 7.14.010 of this title, under the appropriate heading.
B. The tax collector shall not issue such license until the applicant files with the tax collector a list of all solicitors employed by the applicant or with whom the applicant has contracted, and a signed agreement that the applicant, within five days thereafter, will notify the tax collector in writing of every change in personnel of those soliciting for him. (Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 7778 § 2 (part), 1960: Ord. 7159 § 7, 1957: Ord. 5860 Ch. 2 Art. 12 § 613, 1951.)

Every person engaged in the business of soliciting the retail sale of any goods, wares, merchandise or services for future delivery shall first procure a license and pay a license fee in the amount set forth in Section 7.14.010 of this title under the appropriate heading. (Ord. 2008-0013 § 7, 2008: Ord. 11209 § 1 (part), 1975: Ord. 8608 § 1 (part), 1964: Ord. 7778 § 2 (part), 1960: Ord. 7159 § 6 (part), 1957: Ord. 6966 § 1, 1956: Ord. 6822 § 6, 1955: Ord. 5860 Ch. 2 Art. 12 § 612, 1951.)

Persons engaged in the business of soliciting the retail sale of any goods, wares, merchandise or services shall not, and an agent or employee of any such person shall not, without a prearranged appointment, solicit at any premises within the unincorporated area of the county as follows:
A. With the exception specified in Section 7.62.095(B), such soliciting shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m.
B. During the period when Daylight Saving Time, as authorized by the Federal Uniform Time Act, as amended, is in effect, such soliciting shall be prohibited during the hours of 8:30 p.m. and 8:00 a.m. (Ord. 2008-0013 § 8, 2008: Ord. 89-0017 § 1, 1989.)

A person who does not solicit the retail sale of goods, wares or merchandise for future delivery except as an incident to the engaging in a business otherwise licensed under this chapter, for which he or his employer has a current, valid license, shall not be deemed to be engaged in the business of such solicitation. (Ord. 2008-0013 § 9, 2008: Ord. 7778 § 3, 1960: Ord. 5860 Ch. 2 Art. 12 § 614, 1951.)

A license issued under Ordinance 5860 or any other ordinance does not permit the peddling, soliciting the sale of, or soliciting or accepting contributions for the gift of any patriotic emblem contrary to this chapter. (Ord. 5860 Ch. 2 Art. 12 § 608, 1951.)

A person shall not, in any public park or public place, or on or along any highway or sidewalk, or in any entranceway abutting thereon, or by going from house to house or from place to place, peddle, solicit the sale or solicit or accept contributions for the gift of any patriotic emblem; provided, however, that a person in an entranceway or on other private property adjacent to a public highway or sidewalk may solicit persons passing along such highway or sidewalk by such entranceway or other private property to come onto such private property for the purpose of examining or purchasing, or both, any goods, wares or merchandise there offered for sale. (Ord. 5860 Ch. 2 Art. 12 § 609, 1951.)

No person, firm, corporation or organization shall employ, or engage in any way, any person to work or conduct business in violation of any provision of this chapter. (Ord. 92-0132 § 48, 1992.)

Notwithstanding the penalty provisions of Section 7.04.320 et seq., a violation of any section in this Chapter 7.62 is a misdemeanor, except that violation of Section 7.62.070 may be charged as a misdemeanor or infraction at the discretion of the prosecutor and subject to the provisions of California Penal Code section 17(d). If charged as an infraction, the violation is punishable by:
A. A fine not exceeding $100.00 for a first violation;
B. A fine not exceeding $200.00 for a second violation within one year;
C. A fine not exceeding $500.00 for a third or subsequent violation within one year. (Ord. 2008-0013 § 10, 2008: Ord. 92-0132 § 49, 1992.)