HomeMy WebLinkAbout573BUTTE COUNTY ORDINANCE NO, J ~-3
AN ORDINANCE PROVIDING FOR THE LICENSING OF SOLICITORS AND
PROVIDING PENALTIES FOR THE VIOLATION THEREOFt
The BOARD OF SUPERVISORS of the COUNTY OF BUTTE., State of
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California, DO ORDAIN as follows:
SECTION ONE. DEFINITIONS:
A "SOLICITOR", within the meaning of this article, is defined to be any
person and each individual person, whether working for himself or other
person, firm or corporation, who goes from house to house, or from place to
place, in the County of Butte, selling or taking orders for, or offering to sell
or take orders for goods, wares or merchandise,, or any article for future
delivery, or for services to be performed in the future, or for the making,
manufacturing or repairing of any article or thing whatsoever,- for future
delivery; provided that this definition shall not apply to or include representa-
tives of wholesalers, manufacturers or jobbers taking orders from or selling
directly to local merchants, businesses or professions maintaining a fixed
place of business within the County of Butte, and who hold a business License
issued by the County of Butte, under the provisions of this Chapter; provided
further that this definition shall not apply to or include agents, representative.
of employees of any person, firm or corporation maintaining a fixed place of
business in the County of Butte and which person, firm or corporation has a
business license issued by the County of Butte!~~~~~~~ under the provisions of
this Chapter. Solicitors, as herein defined, are hereby classified as follows;
CLASS A: A solicitor who, in connection with the taking of an
order or agreement for the furnishing of any of the things described in this
section, does not demand, accept or receive a payment or deposit of money
or a thing of value or evidence thereof in advance of final delivery of the
article or furnishing of the service.
CLASS B: A solicitor who, in connection with the taking of an
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order or agreement for the furnishing of any of the things described in this
Section, does demand, accept or receive a payment or deposit of money or a
thing of value or evidence thereof in advance of final delivery of the article
or furnishing of the service,
SECTION TWO.. SOLICITOR:
Every person engaged in business as a solicitor of a class as defined in
this Chapter shall pay a license as hereinafter provided:
CLASS A: A license fee of $25.00 per quarter.
CLASS B: A license fee of $25.00 per quarter, provided that
before a license shall be issued to a solicitor of the Class such person
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shall:
(a) Make formal written application for such license to the
County Clerk upon forms provided for such purpose, containing the name
and address of the applicant, name and address of the person, firm or
corporation which he represents, and the .kind of goods offered for sale,
or the kind of services to be rendered, Such application shall be accom-
panied by a bond in the penal sum of Five Hundred Dollars. ($500, 00),
executed by a surety company or by two (2} responsible freeholders
residing in the County of Butte, or, in lieu thereof, a cash bond of an
equal amount conditioned upon the making of final delivery of the goods
ordered or the services to be performed in accordance with the terms of
such order, or, failing therein, that the advance payment on such order
be refunded.
(b) Any person aggrieved by the action of such solicitor shall
have a right of action on the bond for recovery of money or damages, or
both. Such bond shall remain in full force and effect, and in case of cash
deposit, such deposit shall be retained by the County of Butte for a period
of ninety (90) days from and after the expiration of such license, unless ~.
sooner released by the Board of Supervisors,
(c) All orders taken by solicitors shall be in writing in dupli-
cate, stating the terms thereof and the amount paid in advance, and one {1
copy shall be given to the purchasers.
SECTION THREE. PROHIBITING SOLICITING:
The practice. of going in and upon private residences in the County of Butt
by solicitors, peddlers, hawkers, itinerant merchants and transient vendors
of merchandise, unless licensed so to do by the County of Butte under Section
One of this Ordinance, not having been requested or invited so to do by the
owner or owners, occupant or occupants of said private residence, for the
purpose of soliciting orders for the sale of goods, wares, and merchandise,
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end/or peddling or hawking the same, it is hereby declared to be a nuisance,
and punishable as such nuisance as a misdemeanor. Further, the Sheriff of
the County of Butte is hereby required and directed to suppress the same and o
abate any such nuisance as is above described. Further, any person convict d
of perpetrating a nuisance as is above described and prohibited in this Sectio ,
upon conviction thereof shall be imprisoned not exceeding six (6) months, or
~~-a fine not exceeding five hundred ($500.00) dollars, or by both such fine
and imprisonment.
This Ordinance shall take effect thirty (30) days after its passage, and
before the expiration of fifteen days after its passage it shall be published
with the names of the Supervisors voting for and against it at least once in the
a newspaper published in the County of
BIGGS D1L'~r?S
Butte, State of California.
The foregoing Ordinance was duly adopted and passed by the .Board of
Supervisors of the County of Butte, State of California, an the ~tth day of
Februa , 1957, by the following vote:
AYES: Supervisors Alexander, Huggins, KePpl-e~ S~1res and Chair"~an Black
NOES: None
ABSENT; None
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hairman o e oar o urervisors o t e
ATTEST: County of Butte, State of California
HARRIETT JAMES
Butte C ty Clerk and ex-officr~
Clerk Board of Supe
By
eputy er
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