Police Department Policy

OAKLAND_TB_III_D_Peddlers_and_Solicitors_849

Oakland PD

Policy Text
> TRAINING BULLETIN PEDDLERS AND SOLICITORS Bulletin Index Number: Master Alphabetical Index: Publication Date: AKLAND DADLICED III D Door-to-Door Salesmen Peddlers Solicitors 20 Oct 83 PAGE CONTENTS 2 INTRODUCTION PEDDLERS AND SOLICITORS HOW A POLICE CERTIFICATE IS OBTAINED 2 3 HOW TO VERIFY A PEDDLER OR SOLICITOR'S CERTIFICATE 3 4 ENFORCEMENT ISSUES 4 CITATIONS 5 CONCLUSION III D INTRODUCTION In recent years the City has experienced a marked increase in the number of "street vendors" selling food and other merchandise on streets, sidewalks and vacant lots. Most such vending is unlaw- ful and calls for appropriate enforcement action -- not just by the Patrol Division but by all officers who encounter it. PEDDLERS AND SOLICITORS 5-10.01(a) OMC, Peddler, defines a peddler as a person who "engages in the business of going from house to house...selling and making immediate delivery" of goods and merchandise. Vendors selling food and drink to regular customers along established routes (e.g., catering trucks) are excluded from the definition, as are persons who sell from stands or vehicles on private property but who do not move from place to place. 5-10.01(b) OMC, Solicitor, defines a solicitor as a person who "engages in the business of going from house to house" selling goods and merchandise for future deliv- ery. 5-10.02 OMC, Police Certificate, requires all peddlers and solici- tors to have valid Police Certifi- cates (see Figure 1). 5-1.01 OMC, Business License Tax, requires companies to have Oakland Business Licenses. A person work- ing for a company must carry a valid Police Certificate but is not required to carry a Business TT-802 10/78) NAKE PRESENT ADDRESS SEX RACE AGE DATE OF BIRTH PEDDLER'S OR SOLICITOR'S POLICE CERTIFICATE Oakland Police Department [CERTIFICATE NUMBER AUTHORIZED TO PEDDLE OR SOLICIT (KIND OF MERCHANDISE SAMPL NAME OF EMPLOYER LICENSE REQUIRED WITH CERTIFICAÇEZ MEMBER OR EMPLOYEE ISSUING CERTIFICATE LOVER'S ADDRESS CERTIFICATE AUTHORIZED BYT SIGNATURE OF PERSON RECEIVING CERTIFICATE TELEPHONE NUMBER WEIGHIN COLOR OF EYES SERIAL NUMBER DATE OF ISSUE Figure 1. TF-802, Police Certificate - 2 - III - D License. A self-employed "inde- pendent contractor" must carry both. HOW A POLICE CERTIFICATE IS OBTAINED The applicant obtains TF-827, Application for Peddler or Solici- tor Certificate, at the Permits and Licenses Division of the City's Treasury Operations Depart- ment (Room 114, City Hall). The applicant completes the form and brings it to the Police Department Records Division (Room 308). If the applicant's record is clear, he or she is provided with TF-652, Request for Identifi- cation Service, and sent to the Identification Bureau to be fingerprinted and photographed. On returning to the Records Divi- sion, the applicant is issued a temporary TF-802, Peddler's or Solicitor's Police Certificate. The blue temporary permit is replaced by a permanent white permit at the end of one month. The permit is valid for, one year. Grounds for denial of a Police Certificate are generally limited • to: • verified information that the applicant has been con- victed of a felony. a pending felony charge against the applicant; or a recent (within three years) conviction for a misdemeanor involving moral turpitude. - 3 HOW TO VERIFY A PEDDLER OR SOLICI- TOR'S CERTIFICATE The only documents valid in the City of Oakland are those issued by this City. Thus, if an officer contacts a person who has a license or permit issued by another jurisdiction, that person is not licensed by that document to peddle or solicit in Oakland. If the person displays a Police Certificate, the following boxes on the form should be checked (see Figure 1): . Date of Issue. The Police Certificate is valid for one year after the date of issue. If the certificate has expired, regardless of any pending application procedures, he or she is in violation of the law. Name and Physical Descrip- tion. Check other identifi- cation against the certifi- cate. The certificates are non-transferable. A person with a certificate issued to someone else is the same as a person without a certifi- cate. Merchandise Authorized to Peddle or Solicit. The permit holder can solicit or peddle only the items listed on his or her certificate. When the items differ, the person shall be considered to be without a valid per- mit. License Required With Cer- tificate. The Records Divi- sion places a "yes" or a "no" in this box. "Yes" III - D indicates that the person must possess a City License, and "

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