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ORDINANCE NO. c:? t ..rd
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE
NO. 763 ENTITLED IN PAR,!.! "AN ORDINANCE PROVIDING FOR THE LICENSING
OF BUSINESS, . . . CARR.u;D ON IN THE CITY . . ."; AND MODIFYING
REGULATIONS RELATING TO SOLICITORS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION ONE: Ordinance No. 763 Section III is hereby
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"SECTION Ill: For every person acting as a solicitor, as
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defined in this Section, $30.00 per quarter ~r any part thereof,
payable quarterly in advance, except those solicitors acting as
an agent or representative for an established place of business
in said City for which a license rate is established on the total
gross receipts of said business.
In order to be classified and to qualify as a business with
an established place of business in said City, such business shall
pay a license tax rate based on its gross receipts and shall
continuously comply with each of the following requirements:
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1.
A completely representative stock of the merchandise
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2.
The established place of business must be open to the
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public at least 8 hours a day, 5 days a week;
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3.
A floor salesman of the company shall be present at all
23 times when the place of business is open;
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4.
Said business or company shall have and maintain at said
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place a sign of not less than three (3) square feet bearing the
name of the firm painted either on the front of the building or on
the unscreened glass facing the front street, or said sign shall
be affixed to the front of the building;
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5.
Ingress and egress shall be available to the place of
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business from the main entrance of the building.
A solicitor, within the meaning of this Section, is defined
to be any person who goes from house to house, or from place to
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1 ! place, in the City of San Bernardino, selling or taking orders
2 for, or offering to sell or take orders for, goods, wares or
3 merchandise or any article for future delivery, or for service
4 to be performed in the future, or for the making, manufacturing
5 or repairing of any article or thing whatsoever for future delivery.
6 The foregoing definition of a solicitor shall be exclusive and
7 controlling, and the fact that a solicitor may have had previous
8 contacts with the customer through the media of telephone,
9 correspondence, advertising Or by person to person conversation,
10 or that he may have been invited to the house or place, shall not
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be a defense to, or excuse for, a violation of any provision of
this Ordinance, nor effect his status as a solicitor.
Application for the license provided for in this Section
shall be accompanied by a bond in the penal sum of $500.00,
executed by a surety company, or in lieu thereof, a cash bond of
equal value, conditioned upon the making of final delivery of
the goods, wares or service to be performed in accordance with
the terms of such order, Any person aggrieved by the action of
any such solicitor shall have a right of action on the bond for
the recovery of money or damages or both. Such bond shall remain
in full force and effect, and in case of a cash deposit, such
deposit shall be retained by the City of San Bernardino for a
period of 90 days after the expiration of any such license. All
orders taken by licensed solicitors shall be in writing in
duplicate, stating the terms thereof, and the amount paid in
advance, and one copy shall be given to the purchaser.
Each solicitor shall be fingerprinted and photographed by the
Police Department. Solicitation shall cease at sundown."
SECTION TWO: Ordinance No. 763 Section lll-B is hereby
amended to read as follows:
"SECTION lll-B: Each solicitor who goes from hotE e to house
or from place to place or to only one house or one place within
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the City of San Bernardino, selling 01: taking orders for, or
offering to sell or take orders for, goods, wares, merchandise,
or magazines, periodicals, or publications or subscriptions for
the same, or any article, right, or privilege of value, for future
delivery, or for service to be performed in the future, or for the
making, manufacturing, or repairing of any article or thing what-
soever for future delivery (religious material and regularly
published newspapers excepted) and each solicitor of alms or
donations of any nature who goes from house to house or from
place to place or to only one house or one place within the City
of San Bernardino is hereby required to register with the Police
Department of the City of San Bernardino and to obtain an identi-
fication and registration card for which he shall pay the sum of
Five Dollars ($5.00) to defray costs, which sum is waived in the
case of a solicitor who represents a local, established and
licensed place of business, or who as an individual provides a
bond under the provisions of Section III of this Ordinance; pro-
vided that the provisions of this Section shall not apply to (1)
a solicitor who represents a bona fide local fraternal, charitable,
or religious organization which is exempt under the provisions of
Section 115 of this Ordinance; (2) a person who has been issued
a valid vocational, occupational, or professional license by the
State of California, provided, however, that such person shall
display written evidence of such license to each resident during
the period of solicitation; (3) a disabled veteran who is exempt
under the provisions of Section 66-A of this Ordinance; or (4)
a solicitor who goes only to a licensed local merchant for whole-
sale merchandising purposes.
(1) Each applicant for registration hereunder shall be photo-
graphed and fingerprinted by an employee of the Police Department.
One photograph shall be attached at all times to the applicant's
id~ntification and registration card and another photograph shall
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1 I be retained by the Police Department.
2 i The identification and registration card shall bear the name
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3 I of the applicant, the company or companies which he represents,
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4 and his photograph and right thumb print. It shall be carried on
5 I the person of the applicant and shall be displayed to all residents
6 I during the period of solicitation. It shall be valid for a period
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7 d of one year and may be renewed each year thereafter for a fee of
8 Five Dollars ($5.00).
9 (2) An identification and registration card shall be issued to
10 each applicant who has complied with the provisions of this Section
11 and has submitted written evidence of his good character, reputatio
12 or moral integrity, unless at the discretion of the Chief of
13 Police, after investigation and for good cause, it is determined
14 that an applicant has violated any provision of this Ordinance or 'I
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has been convicted of a felony or a criminal offense involving mora
turpitude, or unless the proposed sales proposition shall include
an element of trickery, fraud, or deceit, in which case, in the
interest of public safety and protection, a registration card
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19 shall not be issued. A registration card may be revoked for any
~ of the foregoing causes in the discretion of the Chief of Police.
21 An applicant who has been denied a card or a solicitor whose
22 card has been revoked may within 10 days after such denial or
23 revocation, appeal the decision of the Chief of Police to the
~ Mayor and Common Council by filing a written appeal with the City
25 Clerk stating the action appealed from and the grounds for the
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appeal.
At the next meeting or at any subsequent meeting to which
27 the matter may be continued, the Mayor and Common Council shall
28 conduct a hearing at which time the appellent may appear and be
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heard.
The Mayor and Common Council may approve, modify or
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reject the decision of the Chief of Police, and its decision
shall be final and conclusive."
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1 I HEREBY CERTIFY that the foregoing Ordinance was duly
2 adopted by the Mayor and Common Council of the City of San
3! Bernardino at a....",..... ~~.?Lff"'/-6~eeting thereof, held
4 . on the =<0 Jz-.L-day of t1 ~1:f~.c.J _'-L. , 1965, by the
5 following vote, to wit:
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NOES:
ABSENT:
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()f~y f2k~~'
is hereby approved this c:< -U day
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The foregoing Ordinance
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of ,
, 1965.
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,.. .~... ...,- ~I .
~ ot t:e ~~ty 0 an ~ernardi:no
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Approved as to form:
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L- ~=y -"-,IY
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