Chapter 5.08
PEDDLERS, SOLICITORS, STREET VENDORS AND TEMPORARY MERCHANTS

Sections:

5.08.010    Definitions.

5.08.020    Application and exemptions.

5.08.030    Fees.

5.08.040    General requirements and standards.

5.08.050    Special standards for temporary merchants and street vendors.

5.08.060    Special standards for peddlers and solicitors.

5.08.070    Licensing approval and authority – Appeals.

5.08.080    Violation – Penalty.

5.08.010 Definitions.

“Peddler” mean a person or persons traveling from place to place selling and delivering at the same time.

“Person” or “persons” means any natural person and any firm, proprietorship, partnership or corporation.

“Solicitor” means a person or persons who travel from place to place not carrying his goods with him, but taking orders for future delivery.

“Street vendor” means a person or persons who travel from street to street upon public or private property, carrying, conveying or transporting such items as food, beverages, flowers, and balloons, offering and exposing the same for sale by hand or from a mobile-type device such as a pushcart.

“Temporary merchant” means a person or persons who occupy a temporary, fixed location, not within a building, sells and delivers from stock on hand and does business in much the same manner as a permanent business. [Ord. 261 § 1, 1985].

5.08.020 Application and exemptions.

A. All peddlers, solicitors, temporary merchants, and street vendors shall obtain a license from the city of Dundee prior to engaging in any activities defined in DMC 5.08.010. Application for licensing shall be filed with the city recorder together with the nonrefundable application and license fee. Said application shall be upon a form supplied by the recorder’s office.

B. The fees provided for under DMC 5.08.030 shall not be charged to those persons whose entire profits from such activity are contributed to a charitable, religious or educational organization, association or institution and/or those persons who conduct business in conjunction with a city festival or event.

C. No application or license fee hereunder shall be required of a person calling upon business firms, either in delivering of goods or soliciting orders for merchandise, goods or services which are regularly handled or used by said business firms in their regular course of business, nor to persons making deliveries of milk, groceries, newspapers or other merchandise or services ordered by a resident or sold by local merchants and delivered to the purchaser as a service, nor to persons selling products of a farm or orchard actually produced in Oregon by themselves or their immediate families, nor to a newspaper carrier soliciting subscriptions, nor to members of a nonprofit organization making solicitations on behalf of the organization. [Ord. 261 § 2, 1985].

5.08.030 Fees.

A. Peddler or Solicitor. The initial application and license fee is $10.00. This fee is nonrefundable. Consecutive renewal fees shall be $5.00 for every three-month period, provided the permit has not expired and is continued consecutively. Renewal of an expired permit shall cost $10.00.

B. Street Vendor or Temporary Merchant. The initial application and license fee is $50.00. This fee is nonrefundable. Consecutive renewal fees shall be $10.00 for every three-month period, provided the permit has not expired and is continued consecutively. Renewal of an expired permit shall cost $50.00. [Ord. 261 § 3, 1985].

5.08.040 General requirements and standards.

All categories of merchants identified under DMC 5.08.010 applying for permits shall:

A. Provide personal identification including date of birth, driver’s license number and/or other appropriate identification, together with a recent photograph of the individual or individuals who will be selling within the community.

B. Supply copies of any state or county licenses which are also required to operate or conduct activities proposed by the applicant.

C. Specify a local agent to receive complaints against the business.

D. List the names and identification of all individuals within the area who will be working for the applicant.

E. Contact the recorder’s office or police department prior to initiating any sales or soliciting activities within the community.

F. Provide evidence of civil liability insurance and sign a disclaimer of city liability relating to any action caused or charged against the applicant.

G. Provide a description of the merchandise offered for sale. [Ord. 261 § 4, 1985].

5.08.050 Special standards for temporary merchants and street vendors.

A temporary merchant or street vendor shall adhere to the following additional standards and conditions:

A. If located on private property, the merchant shall obtain a signed, written consent from the owner of the property which authorizes the merchant to conduct business from the property.

B. Shall obtain a written authorization from the Dundee city council to allow any sales from public property.

C. The activities of the merchant shall not impair or impede the proper flow of traffic on public or private property.

D. The activities of the merchant shall not unduly restrict parking spaces on public or private property. Any parking spaces which are customarily in use during normal working hours shall not be used as a location for a temporary merchant or street vendor.

E. Approved parking spaces located within 100 feet of the temporary merchant or street vendor shall be provided as is deemed appropriate by the recorder’s office. In no case shall there be less than two available parking spaces per vendor. Required parking spaces for street vendors are used on a temporary basis and, therefore, they may be from graveled, asphalt or concrete surfaces.

F. No more than one street vendor may be located on any individual lot or development site unless agreed upon by the council of the city of Dundee.

G. Licenses for temporary merchants and street vendors shall be displayed by the merchant in a visible location, and they must be shown to any customer or police officer upon request.

H. Licenses for temporary merchants shall be issued for a period not to exceed three months, after which time a new application and fee shall be required before further business can be conducted by the merchant.

I. Temporary merchants shall comply with all zoning setback requirements. No sign, storage, display or sales may take place in an area inside the required setback (front yard) area.

J. Temporary merchants and street vendors shall comply with all vision clearance requirements of the Dundee zoning ordinances.

K. Signs for street vendors shall be of professional appearance and mounted upon the mobile-type device or pushcart used for sales. No accessory signs shall be permitted.

L. Temporary merchants are limited to the use of no more than two signs which shall have a professional appearance.

M. Temporary merchants are authorized to set up on properties adjoining Oregon State Highway 99W on commercially zoned land. [Ord. 261 § 5, 1985].

5.08.060 Special standards for peddlers and solicitors.

A. Peddlers and solicitors shall limit their hours of operation to only those hours between 9:00 a.m. and 9:00 p.m.

B. No person, while engaged in the business of peddler or solicitor, shall enter uninvited into a private building, structure or room.

C. A peddler or solicitor shall perform the following requirements when soliciting door to door:

1. Within 30 seconds after beginning the conversation, the peddler or solicitor shall:

a. Provide identification of both the person and whom the person represents;

b. Explain the purpose of the person’s call;

c. Provide a description in commonly understood terms of the goods or services offered for sale; and

d. Inquire whether the person being solicited is interested in listening to a sales presentation and immediately discontinue the solicitation if the person being solicited gives a negative response.

2. During the course of the solicitation, state the total cost of the goods or services offered for sale and the number, timing and amount of installment payments, if payment on an installment basis is available to the person being solicited. [Ord. 261 § 6, 1985].

5.08.070 Licensing approval and authority – Appeals.

The recorder or police chief shall have the authority to approve or deny any application for a license to be issued under this chapter. Any application for a license which is denied by the recorder or police chief may be appealed to the Dundee city council. The Dundee city council may accept or reject the decision of the recorder or police chief. All appeals must be made by submitting a formal request of an appeal to the city council.

A license shall not be issued to any applicant where any of the following has been determined during the initial investigation and review of the application:

A. If the applicant has been convicted of a crime, the nature of which indicates a lack of honesty and reliability which would lead one to believe that future violations of the law could occur. Examples of such crimes would be theft, burglary, robbery, fraud, deceit, or any other crime of violence.

B. Any previous history relating to the manner in which the applicant made door-to-door sales which resulted in a violation of the law.

C. Providing false information on the application form.

D. A failure to comply with any condition, standard or requirement of this chapter or any city, county or state regulation. [Ord. 261 § 7, 1985].

5.08.080 Violation – Penalty.

Any person identified within DMC 5.08.010 who engages in activities within the corporate city limits without having first applied for and obtaining the license herein provided for or who violates any other of the provisions of this chapter shall, upon conviction thereof, be punished by a payment of a fine not to exceed $100.00 for each and every offense or by confinement in the city jail for not to exceed five days, or by both such fine and imprisonment. Every day of a continuing violation shall be deemed a separate offense for the purposes of these penalties. [Ord. 261 § 8, 1985].