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 -
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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 "