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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