5.48.010 - Definitions.

For the purpose of this chapter, certain words and phrases are defined, and certain provisions shall be construed as herein set out, unless it shall be apparent from their context that a different meaning is intended:

"Peddler" means and includes every person who engages in the business of going from house to house, place to place, or in or along the streets, within the city, selling and making immediate delivery or offering for sale and immediate delivery, any goods, wares, merchandise, or anything of value, in possession of the peddler, but shall not include selling and delivering, and offering to sell and deliver, items of food and drink for immediate human consumption by a vendor to regular customers along established routes where such sales and deliveries and offers of sale and delivery are made only to such regular customers on the premises of their place of residence or their place of employment or business, in accordance with invitations previously made to such vendor to make regular calls at specific intervals at such premises for the purpose of making sales and deliveries and such items of food and drink for immediate human consumption.

"Solicitor" means and includes every person who engages in the business of going from house to house, place to place, or in or along the streets, within the city of Oakland, selling or taking orders for, or offering to sell or take orders for goods, wares, merchandise or other things of value for future delivery, or for services to be performed in the future.

(Prior code §§ 5-10.01, 5-10.01(a), 5-10.01(b))

5.48.020 - Peddlers and solicitors—Police certificate.

It is unlawful for any person to solicit or take orders from house to house, or upon any public street, grounds or squares, or within any public buildings, within the city, for the sale of any article, merchandise or other thing of value; or to peddle the same or solicit in such manner any moneys, funds, articles, merchandise, or other thing of value for any charitable, religious, business or other purpose, without a police certificate, provided, however, that no such certificate shall be required of drummers, traveling salespersons, or other persons engaged in soliciting or taking orders exclusively from the trade, or established retail dealers, for the delivery of goods, wares or merchandise by wholesale.

An application for a police certificate required by the provisions of this section shall be made in writing to the Chief of Police, shall be presented in person, and shall set forth the nature of the business of the applicant, the firm or corporation which the applicant represents, the kind of goods or property to be sold, solicited or dealt in, and such further information as the Chief of Police may require. Such application shall be accompanied by the written recommendation of not less than five citizens of the city, concerning the moral character, honesty and integrity of the applicant. The applicant, upon filing his or her application, shall be fingerprinted by the Bureau of Identification at the request of the Oakland Police Department.

The Chief of Police, if satisfied as to the moral character, honesty and integrity of the applicant, shall issue to him or her a police certificate to engage in the said business within the city, which certificate shall be effective for a period of one year from date of issuance, and any renewal thereof shall be made upon application made as herein required in the instance of the original application. Such police certificate, together with any license otherwise required of such person by the provisions of this Code, shall be at all times carried by the person therein certified when he or she is engaged in said business. The Chief of Police shall at all times maintain in his or her office a complete list of all persons to whom such police certificates have been issued.

(Prior code § 5-10.02)

5.48.030 - "No Peddler" signs.

It is unlawful for any person carrying on the business of peddling as referred to in Section 5.48.010, or any person pretending to be a peddler, or any solicitor as referred to in Section 5.48.010, or any person pretending to be a solicitor, to ring the bell or knock at the door of any residence or dwelling whereon a sign bearing the words "No Peddlers," or words of similar import, are painted or affixed so as to be exposed to public view, or to peddle, or pretend to peddle, or to solicit or pretend to solicit, in any building wherein or whereon the words "No Peddlers," or words of similar import, are painted or affixed so as to be exposed to public view.

(Prior code § 5-10.03)

5.48.040 - Peddlers—Certificate of accuracy.

It is unlawful for any person to engage in, or carry on, the business of itinerant vendor as referred to in Section 5.48.010, or of peddling fruits, vegetables, meat, poultry, fish, game, or other edible foods of any kind, as peddling is referred to in Section 5.48.050, or of junk collector or junk dealer as referred to in Section 5.46.170, in the city, without first obtaining a certificate of accuracy, issued to such person and signed by the Sealer of Weights and Measures of Alameda County, certifying that the weights, measures, scales or other apparatus or appliances used, or to be used, for weighing or measuring any commodity or article sold, or to be sold, by such person in the city, and bought or sold by such person, to be accurate, and no license shall be granted to any such person as provided in Chapter 5.02 unless such person, upon application for such license, exhibits to the Bureau of Permits and Licenses, for inspection, a certificate of accuracy, issued and dated not more than one hundred (100) days previous to the date of such application for a license, and upon issuing such license, the Bureau of Permits and Licenses shall write or stamp upon the face of the certificate of accuracy the license number and the date such license is issued.

(Prior code § 5-10.04)

5.48.050 - Peddling foodstuffs from vehicles.

It is unlawful for farmers, hucksters or vendors of fruits, vegetables, fish or dairy products to display for sale such goods, wares and merchandise to the passing public in or from wagons, vehicles or portable stands on the streets or sidewalks of the city; provided, however, that nothing in this section contained shall be construed as forbidding the peddling of such goods, wares or merchandise from house to house in wagons or other vehicles as may be permitted by regulations elsewhere set forth in this title. However, within those areas of Oakland subject to the pushcart food vending program ordinance, pushcart food vending is regulated by Chapter 5.49 of the municipal code.

(Ord. 12582 § 2(A) (part), 2004: Ord. 12310 § 2(A) (part), 2001: prior code § 5-10.05)

5.48.060 - Peddling publications.

It is unlawful for any person to sell, or offer for sale, any book, periodical or other publication, except newspapers, from any hand-cart or other vehicle upon the streets or sidewalks of the city, or to maintain any hand-cart or other vehicle for the sale or offering for sale of newspapers, or to sell or offer for sale any newspapers from any hand-cart or other vehicle upon the streets or sidewalks of said city, without first having obtained a permit therefor in compliance with the provisions of Chapter 5.02. The investigating official referred to in Section 5.02.030, to whom the application shall be referred, shall be the Chief of Police.

(Prior code § 5-10.06)

5.48.070 - Peddlers' carts, stands.

It is unlawful for any person having charge or control of a cart, wagon or any vehicle used for the vending of goods, wares, merchandise, foods, confections, refreshments or other article, therefrom commonly known as peddlers' carts, wagons or vehicles to occupy, or permit to be occupied, as a stand for such cart, wagon or vehicle, any portion of any street, lane, alley or sidewalk in the city, or to cause or permit such cart, wagon or vehicle to stand within five hundred (500) feet of any entrance or exit to any public park, public building or public grounds for the purpose of peddling such goods or merchandise therefrom. However, within those areas of Oakland subject to the pushcart food vending program ordinance, pushcart food vending is regulated by Chapter 5.49 of the municipal code.

Nothing in this section shall be so construed as to conflict with, or repeal, any provision of this code or any ordinance establishing and regulating a street market in the city.

(Ord. 12582 § 2(A) (part), 2004: Ord. 12310 § 2(A) (part), 2001: prior code § 5-10.08)

5.48.080 - Peddling in certain district.

It is unlawful for any person to traffic in, vend or sell, or attempt to, or offer to, traffic in, vend or sell, any goods, wares, merchandise, meats, vegetables, fruits, berries, produce or any article of household, family or domestic supplies, within the territory hereinafter in this section defined, unless the same is done by such person at a fixed place of business conducted in a building or store lawfully occupied by him or her.

The territory above referred to in this section is bounded and particularly described as follows: All that portion of the city bounded on the south by a line drawn parallel to and one hundred (100) feet southerly of the southern line of First Street, on the east by a line drawn parallel to and one hundred (100) feet easterly of the eastern line of Harrison Street, on the north by a line drawn parallel to and one hundred (100) feet northerly of the northern line of 17th Street, and on the west by a line drawn parallel to and one hundred (100) feet westerly of the western line of Jefferson Street, and also beginning at the intersection of a line drawn parallel to and one hundred (100) feet southerly of the southern line of First Street with a line drawn parallel to and one hundred (100) feet easterly of the eastern line of Alice Street; thence northerly along said last named line to a line drawn parallel to and one hundred (100) feet southerly of the southern line of 11th Street; thence easterly along said last named line to the centerline of Fallon Street; thence northerly along the centerline of Fallon Street and its production to the western shore of Lake Merritt; thence northerly and westerly along the western shore of Lake Merritt to a line drawn parallel to and one hundred (100) feet easterly of the eastern line of Harrison Boulevard; thence northerly along said last named line to a line drawn parallel to and one hundred (100) feet northerly of the northern line of 22nd Street and Grand Avenue; thence westerly along said last named line and its productions to a line drawn parallel to and one hundred (100) feet westerly of the western line of San Pablo Avenue; thence southerly along said last named line to a line drawn parallel to and one hundred (100) feet westerly of the western line of Grove Street; thence southerly along said last named line to a line drawn parallel to and one hundred (100) feet southerly of the southern line of First Street; thence easterly along said last named line to the point of beginning.

(Prior code § 5-10.09)

5.48.090 - Peddling in certain districts—Construction.

Nothing in Section 5.48.080 contained shall be construed as preventing or making unlawful the prompt delivery in good faith of any of said personal property to or at any such fixed place of business (so situated and conducted in such building or store within said territory) in any case where such personal property, so being delivered is actually and in good faith consigned goods, or has actually and in good faith been theretofore purchased at a place outside of said territory by such lawful occupant of such fixed place of business, actually doing business therein, and said property is in either such case then being delivered to him or her thereat; provided, however, that the Chief of Police of the city, in his or her discretion, may at any time grant a permit to any person to sell such personal property within such district and within the fire limits of the city for a limited period only, not to exceed five days.

(Prior code § 5-10.10)