Not for sure but I think I have to get a $200 license - Page 2

Originally Posted by Phantoms001

Perhaps I wasn't really clear in my post tater. I simply agreed with you after reading the statute because it clearly would not apply to the average person collecting scrap. The second part was directed towards Ryanscrap, he was reading things out of context and applying HIS meaning, not what the statute actually says.

I am thinking you are right. If I have to buy a license in the future then that is what I will do, but for now im going to wing it.

To be clear, let me provide an example....

We are talking about a city code that is for businesses, titled "Business Regulations". If you don't have a business license, insurance, and really aren't running a business the whole chapter doesn't apply.

Clearly, when reading the statute, he doesn't fall into the "Scrap Metal Dealers" category or definition of the statute.

Because he is concerned, he is reading into the statute and "trying" to fit a square peg in a round hole. I think it's great that you are CYA, but lets look at another example of taking things out of context....

Rather than being a "scrap metal dealer", I think you are a "solicitor" (Chapter V, article 1, (instead of article 3)).

Now let me highlight certain parts...........

(c) Canvasser or Solicitor shall mean any individual, whether resident of the city or not,
whose business is mainly or principally carried on by traveling either by foot,
automobile, motor truck, or any other type of conveyance, from place to place, from
house to house, or from street to street, taking or attempting to take orders for sale of
goods, wares and merchandise, personal property of any nature whatsoever for future
delivery, or for services to be furnished or performed in the future, whether or not
such individual has, carries, or exposes for sale a sample of the subject of such sale or
whether he or she is collecting advance payments on such sales or not. Such
definition shall include any person, who, for himself, herself or for another person,
hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat,
hotel room, lodging house, apartment, shop or any other place within the city for the
sole purpose of exhibiting samples and taking orders for future delivery.

5-102. SOLICITATION. The practice of going in, about or upon the private residence of
inhabitants of the city by canvassers or solicitors, peddlers, transient merchant,
itinerant merchants and itinerant vendors of merchandises, and street salesman, not
having been requested, solicited or invited to do so by the owner or owners, occupant or
occupants of such private residences for the purpose of soliciting orders for the sale of
goods, wares and merchandise and/or selling or disposing of the same, and/or peddling or
hawking the same, or taking subscriptions to magazines, papers, books, or other
publications or periodicals, is declared to be unlawful and a violation of this code. (Code
1976, 9-30 1; Code 1989/Ordinance 1782)


You could easily read this part of the code to say that if you are driving around, see something curbed, walk up the he home and ask for the item, you are "soliciting" and in violation of the local code. I think we can all agree, removing scrap is a "service". The statute does include disposing of the goods in the definition, but because you don't see the words "scrap metal" there, you don't get concerned.

I think tater had it right by contacting the city prosecuting attorney. If you don't know, that is really the best place to start. The prosecuting attorney is really the person who decides how and what codes are actually prosecuted, but I ultimately think that if you went to "buy" this license, they wouldn't sell it to you. They would be asking for business license, insurance, permits, ect.. and tell you to come back when you have it. That may be an interesting conversation with the city if you are still unsure, walk in with 200 and see if they are going to give you the license, I would guess not.

I doubt I am need of a license also, but the whole reason for this thread was to ask opinions, and thoughts from others.

The wording is tricky, and somewhat ambiguous. That is why I wanted clarification.

From what has been said here it looks as if I do not have to worry about this issue any further.

I always like to be safe rather than sorry later.


Thanks for the help.

Yes, best to leave it alone. Trying to get this license could open up a can of worms for you. They'll definitely be wanting to know your place of business, and I'm sure your home isn't zoned for this.

It seems that Sacramento is pretty relaxed, overwhelmed, or both in regards to business licenses. There is a unit in my building that was acting as a thrift store, and had no business license. About 6 months into it, they received a letter with an application for a business license from the county. They never heard anything again, and didn't apply for a license.

What a nightmare... then they "know" me even if I do not get a license after inquiring.

Nah I think I will stay away from this until dragged into it. (If ever)

Originally Posted by RyanScrap

What a nightmare... then they "know" me even if I do not get a license after inquiring.

Nah I think I will stay away from this until dragged into it. (If ever)

Good to see that you've looked into it.

My opinion is that you may get one soon anyway. You're already a part of this forum, so you'll be well on you're way to a business when, keyword "WHEN", you make that big score.