Cali408nia
Member
What is the name of your state (only U.S. law)? CA
I am the manager of a non-profit company who distributes flyers to residential neighborhoods. The flyer has a plastic bag attached to it and is asking for people to donate any unwanted shoes they have for a company called Green Eyes in Africa. People leave donations out the next day and we pick them up.
Occasionally, we have issues with local city ordinances which prohibit us from leaving flyers at the doorstep of houses. In one such city, we have gotten complaints, but we still get a great response and donations from 95% of the people. I wanted to look into getting what the city calls and what the residents have told me I need called a "peddler's permit" because residents have complained and we want maintain a good standing with the city and its residents.
Now, I did research and I found the local ordinance that talks about peddlers and all the requirements and penalties regarding obtaining a permit. The first thing I did was take a look at the section that says "Peddler defined". Here is what that city has defined as a peddler for their purposes:
If I'm interpreting their definition correctly, I don't believe we are, or have ever been, in violation of that ordinance. Yet I personally have had the police called on me by a resident once before because she didn't like that I didn't have a permit. And they told me I had to stop even after I explained what I did and showed them what it was (which they didn't appear very interested in). I'm going to call the city's department which handles this to get their answer, but I'm almost suspecting they might have a broader view of what their definition says. Can anybody shed some light or at least provide another opinion based upon what we do and what the city's definition of a peddler is? Thanks in advance.
I am the manager of a non-profit company who distributes flyers to residential neighborhoods. The flyer has a plastic bag attached to it and is asking for people to donate any unwanted shoes they have for a company called Green Eyes in Africa. People leave donations out the next day and we pick them up.
Occasionally, we have issues with local city ordinances which prohibit us from leaving flyers at the doorstep of houses. In one such city, we have gotten complaints, but we still get a great response and donations from 95% of the people. I wanted to look into getting what the city calls and what the residents have told me I need called a "peddler's permit" because residents have complained and we want maintain a good standing with the city and its residents.
Now, I did research and I found the local ordinance that talks about peddlers and all the requirements and penalties regarding obtaining a permit. The first thing I did was take a look at the section that says "Peddler defined". Here is what that city has defined as a peddler for their purposes:
Our flyer guys do go on premises of private residences not having been requested by the occupant/homeowner, but we do not sell, take orders for any kind of goods or merchandise period. The only thing the flyer person does is leave the flyer by the door for the occupant to see, never does this person ring a doorbell and attempt to sell anything. And the flyer is only asking for something that is unwanted and goes to a non-profit (501(c)) company.“Peddler” means any person goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, selling or taking orders for, or offering to sell or take orders for goods, wares and merchandise for present or future delivery, or for services to be performed immediately or in the future, whether or not such person has, carries or exposes a sample of such goods, wares and merchandise, or not and whether or not the person is collecting advance payments on such sales or not. (Ord. 2929 § 1 (part), 2003).
If I'm interpreting their definition correctly, I don't believe we are, or have ever been, in violation of that ordinance. Yet I personally have had the police called on me by a resident once before because she didn't like that I didn't have a permit. And they told me I had to stop even after I explained what I did and showed them what it was (which they didn't appear very interested in). I'm going to call the city's department which handles this to get their answer, but I'm almost suspecting they might have a broader view of what their definition says. Can anybody shed some light or at least provide another opinion based upon what we do and what the city's definition of a peddler is? Thanks in advance.