Loading...
HomeMy WebLinkAboutOrdinance #746 ORDINANCE No. 746 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH OR- DINANCE CODE RELATING TO THE REGISTRA- TION OFVASSERS- AMENDING THE TITLE OF ARTICLCQfi E 404, Zd ADDING NEW SECTIONS TBERETO* The City Council of the City of Huntington Beach do or- dain as follows: Section 1, The title of Article 401+ of Chapter 40 of the Huntington Beach Ordinance Code is hereby amended and as amended, shall read in words and figures as follows: ARTICLE 404. REGISTRATION OF PERSONS. Section 2. The following new sections are added to Article 40)+ of the Huntington Beach Ordinance Code to read in words and ,figures as follows: Section 1+048. Canvassers, Definitions: Unless the provisions of this ordinance or the context otherwise requires: (a) "Canvasser" means any person not having an estab- lished place of business in the City of Huntington Beach who, for himself, or as an agent of another, goes from house to house or upon the public streets and sidewalks for the purpose of soliciting orders, subscriptions or sales of or for any goods, wares, merchandise, or product, of any nature or descrip- tion, for immediate or future delivery, whether or not advance payments are collected at the time the order of subscription Ord. No. 746 is taken or the sale made. "Canvasser" also means and includes "Peddler" and "Solicitor" as defined in Chapters 21, 22 and 23, of' the Huntington Beach Ordinance Code, as amended. (b) "Agent" shall include employee, representative, and any person soliciting orders or subscriptions or making sales on a commission basis. (c) The term "established place of business' means the place where -any person, firm, or corporation conducts any retail or wholesale business or' other establishment having a permanent address and licensed by the City of Huntington Beach to conduct a -business and being regularly open for business from day to day during ordinary business hours. Section 4048.1. .Canvassers. Registration: It shall be unlawful. for any canvassers to go from house to house or upon the public streets and sidewalks for the purpose of soliciting orders, subscriptions or sales ffzor,.for any goods, wares, merchandise or product of any nature 'or description for immediate or future delivery whether or not advance payments are collected at the time the order or subscription is taken or the sale made, unless he shall have previously registered with the Chief of Police of the City of Huntington Beach in the manner hereinafter specified. Section 4048.2 Canvassers, Registration Statement: Every canvasser shall, before commencing any soliciting or making any sales in the City of Huntington Beach, personally appear before the Chief of Police of the City of Huntington 2. C� � Ord. No, 746 Beach or his authorized representative , 'and file with the Police Department a registration statement . containing at least the following information: (1) Name in full. (2)_ Addresses, both permanent and temporary of the canvasser. (3) Whether or not the registrant has been convicted of a felony, a crime involving theft or larceny or a crime involving moral turpitude. (4) The articles or products to be sold or for which orders or subscriptions are to be solicited. (5) If the canvasser is acting as an agent for another person, firm, or corporation, the name and address of such person, firm or corporation and a description of the contract or other document authorizing him to act as such agent or representative. (6) The period during which the solicitations are to be made. (7) In addition to the registration statement as herein required, every canvasser shall at the time of the filing of said registration, permit and allow the Chief of Police or his. authorized representative to =take, his or her fingerprints and photograph. Section 4048.1. It shall be unlawful for any canvasser to make or perpetrate any misstatements, deception or fraud in connection with any solicitation for orders, subscriptions, 3• Ord. No. 746, or sales or to make, any. false, deceptive or misleading statement.s in .the registration statement* Section-4048.4, Canvassers. Exceptions: -This ordi- nance shall not apply to salesmen or solicitors regularly . employed by any wholesale house or jobber who take or solicit orders from retailers or other merchants conduct- ing a regularly established place of business in the City of Huntington Beach. Section 401+8.5. Nothing in this ordinance shall be con- strued as to replace or eliminate any of the provisions or requirements of Chapters 21, 22 and 23 of the Huntington Beach Ordinance Code requiring business licenses. 'Section:4048.6. Any person, firm or corporation violat- ing any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the City or County Jail for a period of not more than six (6) months, or. by both such fine and imprisonment. Section 1+048-7. If any section, paragraph or provision of this ordinance be declared invalid for any reason, the City Council hereby declares that it would have passed all other portions of this ordinance independent of any' portion that may be declared invalid. Ord. No. Section 2. The City Clerk shall certify to the passage and. adoption of this ordinance and shall cause the same to be published -by one insertion in the Huntington Beach News, a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption thereof, the same shall take effect and be in force. PASSE}? AND ADOPTED} by the City Council of the City of Huntington Beach, California, this 4th day of'-January -4ay or ATTEST: City Clerk . 5. Ord. No, STATE OF CALIFORNIA ) County of Orange ) ss City of ) Huntington-Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 21st day of December 9 1959, and was again read to said City Council at a regular meeting thereof held on the 4th day of January—, 196p, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: SORK, LAMBERT , TERRY, WAITE, IRBY NOES: Councilmen: NONE. ABSENT: Councilmen: NONE. C#V Clerk and ex-offic16 Clerk of th City Council of the _City of Huntington Beach, California .y 6.