Soliciting

Knock, knock. Who's there?

Door to Door or Mobile Soliciting

Is it legal for a young man to stand on my porch and offer me a subscription to my favorite magazine? Is it okay for a youth organization to knock on my door and offer yummy cookies for sale? Why is that person walking up to my neighbor’s front door holding a clipboard and brochures?

These are all great questions that most of you have probably asked yourself at one time or another and beg the question, just what are the rules about door to door soliciting and advertising? This short article will answer these questions and perhaps a few others. It will also provide you information about specifically what permits are issued to a person or organization allowing them to solicit you at your home or business and what those permits look like.

To begin with, door to door or mobile soliciting is regulated by the Cupertino Municipal Code, Chapter 5.20. Soliciting is divided into two categories: for-profit organizations and non-profit organizations. Let’s begin with non-profit organizations.

Non-profit Organizations

The municipal code excludes regulation of groups or individuals soliciting on behalf of any religious, charitable, educational, or political organization. In most cases, these entities will have tax exempt status and be classified accordingly by the Internal Revenue Service and the California State Franchise Tax Board. Since these groups are by virtue of the Constitution exempt, no permit is required and adherence to provisions in the municipal code regulating time of day for soliciting do not apply. These groups are encouraged to file their organization information and supporting tax exempt documents with the City Finance Division. The group will be issued a tax exempt business license at no charge to keep in their possession while out in the community. Below is a sample of such tax-exempt business license:

For-profit Organizations

The municipal code provides for regulation of individuals who solicit independently such as a realtor or as an employee or representative of a larger organization. Each individual person is required to have a valid solicitor permit issued by the Code Enforcement Division visibly displayed as they are engaged in their place to place sales. Below is a sample of a solicitor permit:

Solicitor permits are not issued to an organization, rather each solicitor must complete a City permit application and submit their fingerprints for a background examination prior to the permit being issued. With a valid permit in their possession, a solicitor can go door to door seven days per week between 9 am and 6 pm. Homes with signs clearly displayed reading “No Soliciting” or similar are off limits to for-profit soliciting.

How and When to Report Violations

It is vital that we are safe in our homes and in our community. A large part of that security is being aware and responsive to people in the neighborhoods that may have negative intentions. Door to door soliciting is legal and can be an effective way to provide a service or fundraise for a worthy organization. Unfortunately, it can also be a way to profile a residence for a crime. Residents are encouraged to report instances of a person soliciting without a permit or other suspicious activity to the Santa Clara County Sheriff’s Department at 408.299.2311. Officers will respond to the area to locate the person and determine the nature of their activity.

For additional information or to inquire if a particular person has a for-profit solicitor permit, please contact the Code Enforcement Division at 408.777.3182. For inquiries concerning tax exempt, non-profit organization business license registration, please contact the Finance Division at 408.777.3221.