Ordinance - 1653ORDINANCE NO. 1653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE
BY REPEALING ARTICLE VI OF THE WEST COVINA MUNICIPAL
• CODE, CONSISTING OF SECTIONS 14-131 THROUGH 14-134
INCLUSIVE AND BY ADDING ARTICLE IX OF THE WEST COVINA
MUNICIPAL CODE CONSISTING OF SECTIONS 14-187 THROUGH
14-195 INCLUSIVE, RELATING TO COMMERCIAL SOLICITATION.
The City Council of the City of West Covina does
ordain as follows:
SECTION 1. The West Covina Municipal Code is hereby
amended by repealing Article VI of the West Covina Municipal Code,
consisting of Sections 14-131 through 14-134, inclusive.
SECTION 2. The West Covina Municipal Code is hereby
amended by adding -Article IX, consisting of Sections 14-187 through
14-195, inclusive; to read as follows:
"ARTICLE IX,: COMMERCIAL SOLICITATION
Section 14-187. Definitions.
• (A) "License Collector" means the person exercising
that function or any City employee designated by the
License Collector to perform much functions hereunder.
(B) "Permit Holder" means the person on whose behalf
the solicitation will be conducted.
(C) "Applicant" means the person applying to
the License Collector for a solicitation permit on
behalf of the permit holder.
(D) "Person" means any individual, partnership,
corporation, or association, including any firm,
company, society, congregation, assembly, or league,
and shall include any director, officer, trustee,
receiver, assignee, agent, or other similar
representative thereof.
(E) "Organization" means any partnership,
corporation, or association, including any firm,
company, society, congregation, assembly, or league,
and shall include any director, officer, trustee,
• receiver, assignee, agent, or other similar
representative thereof.
(F) "Solicit" and "Commercial" means the request,
directly or indirectly, for the purpose of selling, or
taking orders for any goods, wares or merchandise for
future delivery and shall include traveling, or going
from door-to-door of residential dwellings, in any
public street or sidewalk, or in any public place or
building. A solicitation shall be complete when the
request is made, whether or not the person being
solicited makes a purchase or places an order.
(G) "Selling" shall mean and include the selling,
• offering to sell, or contracting to sell, at wholesale
or retail, of any goods, wares or merchandise.
(H) "Solicitor" shall mean an individual who solicits
or who engages in a solicitation as defined in this
section.
Section 14-188. Permit Required for Commercial
Solicitation..
(A) No person shall, within the City, conduct or
knowingly allow to be conducted on such person's
behalf any solicitation, unless the person holds a
valid permit issued pursuant to the provisions of this
Article and the solicitation is conducted in
accordance with all of the provisions of this Article.
(B) No individual shall, within the City, solicit or
engage in solicitation, unless the person on whose
behalf the solicitation is being made holds a valid
permit issued pursuant to the provisions of this Part
and the solicitation is made in accordance with all of
the provisions of this Article.
(C) Nothing set forth in this Article shall be
construed as granting to the License Collector or the
City Council any discretion to grant, deny, suspend,
revoke or renew any permit by reason of disapproval,
agreement or endorsement of the goods, wares or
merchandise to be sold by or on behalf of the permit
holder.
Section 14-189. Exemptions.
The following are exempted from the operation of this
Article.
(1) Solicitation by any organization from its
members;
(2) Solicitation by a person when such solicitation
occurs on premises owned or controlled by the
solicitor or with the permission of the person
who owns or controls the premises.
(3) The issuance of any announcement or advertisement
that such solicitation as described in
subsections (1), or (2) above will occur or which
announces or advertises an event at which
unannounced solicitation as described in
subsections (1), or (2) above occurs.
Sections 14-190. Application for Permit.
(A). Application for commercial solicitation
permits shall be made to the License Collector upon
• forms prescribed by the City. The application shall
be declared to under penalty of perjury and filed with
the License Collector. The application shall be
accompanied by an application fee, in an amount to be
set by resolution of the City Council. The
application fee will not be refunded if a permit is
not issued.
(B) Such application shall contain the following
information and documentation:
(1) The full name, mailing address, principal
business or residential address and telephone
number, date of birth, and physical description
of the applicant and the nature of the
relationship between the applicant and the permit
holder, including whether the applicant is a
volunteer, a paid officer or employee, an
independent contributor, or an agent of the
permit holder;
(2) A statement that the applicant has received and
• read a copy of this article.
(3) If the permit holder is:
(a) An individual, the full name, mailing
address, and principal business or
residential address and telephone number.
(b) A partnership, the full name, mailing
address, and principal business or
residential address and telephone number of
each partner. However, if there are more
than ten (10) partners, only the ten (10)
principal partners need be listed.
(c) A corporation, whether.it is organized under
the laws of California or is a foreign
corporation, and, if a foreign
corporation, the place of incorporation, the
full name, mailing address, and principal
business address and telephone number of the
individual in charge of the local office of
the corporation and of all officers,
directors and trustees, of the corporation.
However, if there are more than ten (10)
officers, directors and trustees, only the
ten (10) principals among the officers,
directors and trustees of the corporation
need be listed.
•
•
•
(d) An association, the mailing address and
principal business address and telephone
number of the association and the full name,
mailing address, and principal business or
residential address and telephone number of
each member of the association. However, if
there are more than ten (10) members of the
association, only the ten (10) principal
members of the association need be listed.
If the association is part of a multi -state
association, the mailing address and
business address and -telephone number of its
central office shall also be given.
(4) If the permit holder intends to use a paid
solicitor to solicit on behalf of the permit
holder, the information required subsection (2)
(b) above shall also be applicable to the paid
solicitor;
(5) The full name, mailing address, and principal
business or residential address and telephone
number, of each individual who will be in charge
of supervision the solicitation;
(6) The exact purpose of the solicitation and the
exact geographic area in which the solicitation
will be conducted;
(7) The time during the day when the solicitation
will be made, and the dates for the commencement
and termination of the solicitation;
(8) A short outline of the method or methods to be
used in conducting the solicitation, including
the number of solicitors;
(9) A statement that none of the solicitors have been
convicted of any of the crimes specified in
Section 14-193 (C);
(10) A statement that the permit holder assumes
responsibility that all solicitors comply with
all the requirements of Section 14-193;
(11) A statement that if a permit is granted it will
not be used or represented in any way as an
endorsement by the City or any department,
officer or employee thereof;
(12) The address of the applicant and of the permit
holder where the License Collector can send
notices required by this Article
(C) If, while the application is pending or during
the term of any permit granted, there is a change in
fact, policy or method that would alter the
information to be given on the application, the
applicant shall notify the License Collector in
writing thereof within 24 hours after such change.
Section 14-191. Issuance of Permits.
(A) The License Collector shall issue the permit to
the applicant within ten (10) days after the date the
application is filed, unless he finds that:
(1) The applicant has not provided the
information required by Section 14-190 and
has failed to provide an amended application
with the missing information after being
requested to do so; or
(2) The applicant indicates on the application
that the proposed solicitation will violate
any provision of Section 14-193 and has
failed to amend the application to indicate
compliance with said sections after being
requested to do so.
. (B) The License Collector shall have the duty to make
the requests specified in subsection (A) above and
shall do so by serving written notice upon the
applicant within the time period for issuance of the
permit. Every such request shall state the time
period within which the application may be amended,
and shall be served by personal service or by deposit
in United States Postal Service, certified mail,
return receipt requested.
(C) If the License Collector requests an amended
application pursuant to this section, he shall not
act on the permit application for ten (10) days after
the date the request is personally served or deposited
in United States mail. If the applicant fully
complies with the request on or before the tenth day,
the License Collector shall issue the permit within
five (5) days after the amended application is filed.
(D) If the permit is denied, the License Collector
shall have the duty to so notify the applicant and
shall serve the notice within the time period
specified in subsection (C) for issuance of the
• permit. Every such notice of denial shall be in
writing, shall state the grounds therefor, and shall
be served by personal service or by deposit in the
United States Postal Service, certified mail, return
receipt requested.
(A) Solicitations pursuant to permits under this
Article shall: ,.
(1) Take place only between the hours of 9:00
isa.m, and 8:00 p.m.;
(2) Not be made by any person under the age of
sixteen (16) years, unless accompanied by an
adult and in compliance with all laws of the
State of California; and
(3) Not be made at any house, apartment, or
other dwelling nor at any business to which
is affixed a sign indicating "No Solicitors"
or similar indication that no solicitation
contact is desired by the occupant.
(B) The solicitor shall:
(1) Show a certified copy of the permit, bearing
the name of that individual, to the person
from whom a purchase is sought prior to the
time of the solicitation. Before beginning
to solicit, the solicitor shall print or
type his or her name in the blank provided
for it.
(2) Not affix any object to the person or
property of any person who is solicited or
member of the public without first receiving
express permission therefor;
(3) Not persistently or importunately solicit
from any person after such person expresses
his or her desire not to make a purchase;
or
(4) Not intentionally or deliberately obstruct
the free movement of any person on any
sidewalk, or other public place or any place
open to the public generally.
(C) No individual shall solicit any contribution if
that person has been convicted in any court of
competent jurisdiction of any of the following crimes,
as defined in the California Penal Code: murder,
mayhem, kidnapping, robbery, assault, battery, rape,
arson, burglary, possession of burglarous instruments
• or deadly weapons, or attempt to commit any of the
aforementioned crimes.
Section 14-194. Nontransferability of Permits.
No permit issued under this Article shall be
transferred or assigned, and any attempt at assignment
or transfer shall render the permit void.
• Section 14-195. Revocation of Permits.
(A) Whenever it shall be shown that any permit holder
has violated any of the provisions of this Article the
License Collector may suspend or in accordance with
subsection (C) revoke the permit by serving written
notice on the permit holder not less than two (2)
business days prior to the suspension or revocation.
The notice shall be served by personal service or by
deposit in the United States Postal Service, certified
mail, return receipt requested, at the address
specified in the permit application or any amendment
thereto. The notice shall state with specificity the
reasons for the suspension or revocation, how it can
be cured or appealed, in the case of suspension that
the permit will be revoked unless, within ten (10)
days after the notice of suspension is personally
served or deposited in the United States Mail, the
violation is either cured or appealed. It shall be
the responsibility of the permit holder to provide
evidence to the satisfaction of the License Collector
that the violation has been cured, otherwise a permit
that has been suspended shall be deemed revoked
without further notice.
(B) If the violation concerns the manner of
solicitation as set forth in Section 14-193,
subsection (A), and/or (B) the License Collector
shall first suspend the permit which suspension and
proposed revocation shall be lifted if the permit
holder discharges the offending solicitors. If the
violation involves the disclosure of information as
set forth in Section 14-190, the License Collector
shall first suspend the permit, which suspension
and proposed revocation shall be lifted if the permit
holder amends the application. If the violation
concerns the manner of solication as set forth in
Section 14-193, subsection (D), the License Collector
shall immediately revoke the permit.
(C) Any permit holder aggrieved by any action of the
License Collector to suspend or revoke a permit may
appeal to the City Council by filing a written notice
of appeal with the City Clerk. Such appeal shall
state with specificity the reasons therefor and shall
be filed within ten (10) days after the notice of
• suspension or revocation is personally served or
deposited in the United States Mail.
(D) The appeal shall be heard at the next regularly
scheduled Council meeting held at least five (5) days
after the appeal is filed. At the time of the
hearing, the City Council shall hear all relevant
evidence and shall determine the merits of the appeal
and it shall render a decision thereon within three
(E) Any permit holder aggrieved by any action of the
License Collector to request an amended application or
to deny a permit may appeal to the City Council by
filing a written notice of appeal with the City Clerk.
Such appeal shall state with specificity the reasons
therefor and shall be filed within ten (10) days after
• the date the notice of denial is personally served or
deposited in the United States mail. The Council
shall hear the appeal in accordance with the
provisions of Section 14-195 (D).
(F) The filing of an appeal with the City Council
shall not stay the action of the License Collector.
If the applicant does not file a timely notice of
appeal, as required by subsection (E) above, the
permit holder shall have waived all rights to
administrative or judicial remedy.
Section 14-192. Form and Duration of Permit.
(A) The permit, if issued, shall include the
following information:
(1) The name of the permit holder;
(2) The dates the permit begins and expires;
• (3) The commercial purpose of the
solicitation, as stated on the application;
(4) A statement that the permit does not
constitute an endorsemennt by the city, or any of
its departments, officers, or employees, of the
purpose of the solicitation;
(5) A permit number; and
(6) A space for the individual solicitor to type
or print his or her name on a certified copy of
the permit.
(B) The permit shall be valid for the time stated in
the permit application, unless sooner revoked, or
suspended pursuant to the provisions of this chapter,
but in no case shall the time exceed the following
June 30th.
• (C) Certified copies of the permit shall be issued to
the applicant in a number equal to the number of
solicitors that are listed on the application.
Section 14-193. Manner of Solicitation.
(3) business days after the hearing. Said decision
shall be in writing, shall state with specificity the
reasons therefor, and shall be served upon the
applicant within two (2) business days thereafter by
personal service or by deposit in the United States
Postal Service, certified mail, return receipt
• requested.
(E) The filing of an appeal with the City Council
shall not stay the action of the License Collector.
If the permit holder does not file a timely appeal, as
required by subsection (C) above, the above shall have
waived all rights to administrative or judicial
remedy.
(F) In the case of a permit which has been revoked,
neither the applicant nor the permit holder shall be
granted a permit to solicit for a period of one year
from the date of revocation."
SECTION 3. If any provision, section, subsection
sentence, clause or phrase of this ordinance, or the application
of same to any person or set of circumstances is for any reason
held to be unconstitutional, void or invalid, the validity of the
remaining portions of this ordinance or their application to
other persons or sets of circumstances shall not be affected
thereby, it being the intent of the City Council in adopting this
ordinance that no portion thereof or provision, or regulation
contained herein, shall become inoperative or fail by reason of
• any unconstitutionality of any other portion hereof and all
provisions of this ordinance are declared to be serverable for
that purpose.
SECTION 4. The Mayor shall sign and the City Clerk
shall certify to the adoption of this ordinance and shall cause
the same to be published in the manner required by law.
APPROVED and ADOPTED this 1_31hday of NovPmher ,19 8 4
ATTEST:
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
• CITY OF WEST COVINA )
I, HELENE M. MOONEY, City Clerk of the City West
Covina, do hereby certify that the foregoing Ordinance No.
was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 22nd day of
October , 1984. That thereafter, said ordinance was duly
adopted and passed at a regular meeting of the City Council on
• the 13th day of November , 1984, by the following vote, to
wit:
APP
•
0
iWCITY CLERK'
AYES: Manners, Tennant, Bacon
NOES: None
ABSENT: Chappell, Shearer
ABSTAIN: None
AS TO FORM:
G 9.4 T I F I C A T T 0 N.
state of California )
County of Los Angeles ) ss.
City of West Covina )
I, JANET BERRY,'Deputy City Clerk of the City of
West Covina., State of California, do hereby certify
that a true and accurate copy of Ordinance No.�
was published, pursuant to -law, in the West,Covina
Tribune, a newspaper of general circulation published
and circulated in the City of West Covina.
�$►�Janet Berry, Deputy City Clerk
City of West Covina, California
i
Dated Lq/q