The Village Council having determined that it is in the best interest of the Village of Beverly Hills to enact an ordinance regulating organizations and persons soliciting in the Village and the enactment of the ordinance being necessary to promote and protect the public safety of those persons soliciting as well as those persons in the Village being solicited.
32.02 DEFINITIONS
The following words and terms shall have the following definitions for the purposes of this ordinance:
Person: An individual, organization, group, association, partnership, corporation, trust, business entity or any combination of the above.
Seasonal License: A seasonal license shall be available for not more than 120 days for the solicitation or sale of seasonal items, such as dairy products, vegetables, poultry, eggs, and other farm and garden produce. No more than five seasonal licenses shall be available in the Village at any one time. {Ord 327; 12-1-07}
Soliciting Material: Printed or similar materials including, but not limited to, labels, posters, brochures, flyers, pamphlets, magazines, booklets, books and other like items used in the course of and for the purpose of soliciting.
Solicitor:
1. A person who solicits either by foot, automobile, motor truck or other means if conveyance from place to place, from house to house or within a public right-of-way.
2. A person who hires, leases, uses or occupies any building, structure, hotel, room, shop or any other place for the sole purpose of exhibiting samples or soliciting material and taking orders for future delivery.
3. The word solicitor shall include, but not be limited to, the words peddler and hawker.
Solicits: The act of offering or attempting to offer wares, merchandise, services, items of personal property, real property, either for immediate or future delivery; or the act of seeking or attempting to seek contributions either in money or services, for charitable or commercial purposes.
32.03 LICENSE REQUIRED
No person shall be a solicitor and/or solicit in the Village of Beverly Hills without first obtaining a license therefor. An application for a license shall be made to the Village Clerk. In the event that the application is a made by an organization, group, association, partnership, corporation, trust, business entity or any combination of the above, an application must be made for each agent or employee who shall be engaging in the act of soliciting. Upon certification by the Village of Beverly Hills Public Safety Department to the Village Clerk that the requirements of Section 32.03 have been satisfied, after investigation and after receipt of payment for applicable fees, the license shall be issued by the Village Clerk. The license shall be displayed on the outer garments of the licensee at all times during solicitations. The term of a license shall be for one (1) year, expiring December 31.
32.04 LICENSE APPLICATION
A license application filed hereunder shall furnish the following information:
(a) Name and description of the applicant.
(b) Permanent home address and full local address of the applicant.
(c) A brief description of the nature of the solicitation contemplated.
(d) If the applicant is an employee of a person engaged in soliciting, the name and address of the employer, together with the credentials establishing the exact employer/employee relationship.
(e) The length of time the applicant intends to solicit.
(f) The place of the wares, merchandise, services, items of personal property or real property are located, manufactured or produced, where such items are located at the time said application is filled and the proposed method of delivery.
(g) Two photographs of the applicant, one photograph being a photograph taken within 120 days prior to the date of filing of the application and the other photograph being from the applicant's driver's license, a copy of said driver's license to be attached to the applicant's application. The photograph which is not from the applicant's driver's license shall be at least 2" x 2" and shall show the head and shoulders of the applicant in a clear and distinguishing manner. In the event that the applicant does not have a driver's license then the applicant shall submit a second separate photograph with his application, said photograph being at least 2" x 2" and showing the head and shoulders of the applicant in a clear and distinguishing manner.
(h) A statement as to whether or not the applicant has been convicted of any felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
32.05 ADMINISTRATIVE FEE
An administrative processing fee for a solicitor's license shall be established by resolution of the Village Council and said administrative processing fee shall be paid when the application is filed with the Village.
32.06 LICENSE SUSPENSION
A license may be suspended by the Village Clerk for a period not to exceed ninety (90) days upon his or her own investigation or upon certification by the Village of Beverly Hills Public Safety Department that:
(a) A licensee has provided false information on an application; or
(b) A licensee has engaged in conduct in violation of this Chapter or of the criminal laws of Village, State, or United States.
A licensee shall be given written notice of the cause and term of the suspension and of the right to have such suspension reversed, modified or affirmed following a hearing to be conducted by the Village Manager or his designee (who shall not be a member of the Village Clerk's office) within three (3) business days of receipt of a written request by the licensee. At the hearing, the licensee shall have the right to hear the evidence relied upon by the Clerk and the right to present evidence and witnesses on his or her behalf. After the hearing, the Village Manager or his designee shall issue a decision in writing and forward the same to the Clerk and licensee.
32.07 LICENSE REVOCATION
A license may be revoked by the Village Council upon request of the Village Clerk after a hearing at which it is shown that:
(a) A license has provided false information on an application; or
(b) A license has violated the terms of a suspension; or
(c) A license has engaged in conduct in violation of this Chapter or of the criminal laws of the Village, State or United States.
Reasonable written notice of the hearing not less than ten (10) days prior to the hearing date shall be given the licensee. The written notice shall be mailed by regular mail to the license holder and shall set forth the alleged violation of the ordinance and also the date, time and place of the hearing before the Village Council. At the hearing, the license holder shall have the right to present evidence and witnesses on his behalf. After the hearing, Village Council shall make its decision as to whether to suspend or revoke the license and shall put its decision and the reasons therefor in writing and forward the same to the license holder.
32.08 PROHIBITED ACTIVITIES
The following acts or activities shall be prohibited:
(a) Fixed stands prohibited. No solicitor shall establish a fixed stand and/or store for solicitation upon any street, road, highway, lane, sidewalk, driveway, alley or publicly owned property.
(b) Street and curb solicitation prohibited. No solicitor shall on more than three (3) days per calendar year solicit and/or operate or maintain any place of solicitation on any street, road, highway and/or lane and/or be permitted to use the sidewalks, curbs, road's edge, alleys and/or driveways for soliciting in any manner that requires the person wishing to respond to the solicitor, when engaged in the transaction, to stand within the limits of the streets, roads, highways and/or lanes of the Village. All solicitors soliciting on any street, road, highway and/or lane on the three (3) permitted days per calendar year shall wear a safety vest approved by the Village and shall also obtain a solicitation license as required by this ordinance.
(c) Obstruction prohibited. No solicitor shall obstruct any street, road, highway, lane, alley, sidewalk or driveway.
(d) Prohibition of entry upon private property expressly requesting no solicitation. No solicitor shall enter upon and/or call upon a place of residence or business within the Village after having been expressly notified by the occupant of the place of residence or business or by a sign posted on the door facing the street of the residence or business that no solicitation is desired.
(e) Prohibition of harassment or creation of nuisance. No solicitor shall threaten or harass any resident of the Village in the course of their solicitation or in any way engage in any conduct which is or would tend to create a nuisance.
(f) Sales and/or solicitations may be allowed with a seasonal license issued by the Village of Beverly Hills as defined in the Definitions Section herein. Each person shall be issued only one seasonal license per calendar year. {Ord. 327; 12-1-07}
32.09 HOURS OF OPERATION
Soliciting may take place within the Village only between the hours of 9:00 a.m. and 9:00 p.m. {Ord. 327; 12-1-07}
32.10 EXEMPT PERSONS
The following persons shall be exempt from the licensing requirements of this ordinance, but shall be subject to the other provisions herein:
(a) Persons engaged in the occupation of distribution of newspapers.
(b) Persons engaged in soliciting within three (3) miles from their residence for an educational, charitable, religious or youth organization.
32.11 LIST OF PERSONS NOT WANTING TO BE SOLICITED
Any person who owns and/or occupies a residence and/or business in Village of Beverly Hills who does not wish to have solicitors enter upon and/or call upon the residence or business to solicit may inform the Village Clerk's office of the same in writing and the Village Clerk's office shall keep on file a list of the addresses of those persons that do not want solicitors to enter upon and/or call upon their residence and/or place of business. A list of addresses of those persons not wanting solicitors to enter upon and/or call upon their residence and/or place of business shall be given to each person who files an application for a solicitation license in Village of Beverly Hills.
32.12 PENALTY
Any person or persons violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $500.00 plus costs of prosecution or by imprisonment for not more than 90 days, or by both fine and costs and imprisonment in the discretion of the court.