Chapter 5.15
CHRISTMAS TREE, PUMPKINS AND OTHER SEASONAL SALES LOTS

Sections:

5.15.010  Business tax certificate.

5.15.020  Business tax certificate exceptions.

5.15.030  Requirements and fees.

5.15.040  Application for business tax certificate.

5.15.050  Rules and regulations – Authority of the Fire Department and Building Department.

5.15.060  Conditions – Special.

5.15.070  Duration of certificate – Deposit.

5.15.010 Business tax certificate.

No person, firm, or corporation shall set up or offer for sale any Christmas trees, pumpkins or other seasonal items on any property located outside of a building or on a lot within the city without first applying for and paying the business tax and other required fees to the municipal services/business tax division. (Ord. 1720 § 2, 10-27-98. Formerly § 11-20).

5.15.020 Business tax certificate exceptions.

(a) This chapter shall not apply to any retail place of business within the city, holding a valid business tax certificate, selling or offering for sale Christmas trees, pumpkins or other seasonal items within a building of the business establishment.

(b) Those businesses exempted from paying a business tax under SCCC 3.40.120 must still comply with the Fire and Building Department safety conditions according to SCCC 5.15.050 through 5.15.070. (Ord. 1720 § 2, 10-27-98. Formerly § 11-21).

5.15.030 Requirements and fees.

Issuance of the business tax certificate to sell Christmas trees, pumpkins or other seasonal items in the City shall be restricted to one non-assignable certificate. A separate business tax certificate shall be required for each type of seasonal lot. Sellers may receive not more than one business tax certificate and shall be required to pay the business tax as stated in SCCC 3.40.330 in addition to all other applicable City fees such as fire inspection and clean-up fees. (Ord. 1720 § 2, 10-27-98. Formerly § 11-22).

5.15.040 Application for business tax certificate.

The application shall be submitted to the municipal services/business tax division on the form provided and shall be accompanied by the business tax and additional fees as required by the City with a suitable plot plan, showing the location of the sales stand, accessory structures, lot lines and street lines. A copy of the application and plans shall be referred to the Building Department and the Fire Department for approval or denial. The Fire Department and/or the Building Department may deny the issuance of the certificate if, upon inspection, fire, electrical, structural or health hazards are created at the location where the Christmas trees, pumpkins or other seasonal items are to be sold. (Ord. 1720 § 2, 10-27-98. Formerly § 11-23).

5.15.050 Rules and regulations – Authority of the Fire Department and Building Department.

The Building Department and the Fire Department may, with approval of the City Council, prescribe such rules and regulations for the sale of Christmas trees, pumpkins or other seasonal items, the construction and use of temporary stands or structures for such sale, the places where such sales will be conducted, the removal of such structures, and the removal of unsold stock in trade, the storage of such Christmas trees, and other rules as may be deemed necessary for the protection of the public. (Ord. 1720 § 2, 10-27-98. Formerly § 11-24).

5.15.060 Conditions – Special.

The granting of a business tax certificate shall be conditioned upon the following requirements:

(a) No certificate shall be approved for the sale of Christmas trees, pumpkins or other seasonal items in a residentially zoned district.

(b) Electrical installations, if any, shall be made by an electrical contractor. Electric permits shall be obtained prior to the start of any work, and all electric wiring shall conform to the National Electric Code and State laws.

(c) The location of tents and other structures shall be readily accessible to fire equipment. Certificate of treatment of tents for fire resistance shall be exhibited upon demand.

(d) Removal of combustible weeds and other fire hazards from tree lot area. Provision of suitable containers for rubbish and trash.

(e) Provision of adequate sanitation facilities.

(f) House trailer shall obtain a permit for purposes of sheltering a night watchman pursuant to SCCC 18.60.030.

(g) All sales stands and structures of a temporary nature shall not be subject to the Building Code of the City; however, all such stands shall be constructed in a manner that will reasonably insure the safety of attendants and patrons, and shall be approved as to their safety and compliance with this chapter by the Building Department of the City.

(h) Minimum setback for such temporary stands or structures from street curbing of front property line shall be ten feet. (Ord. 1720 § 2, 10-27-98. Formerly § 11-25).

5.15.070 Duration of certificate – Deposit.

Prior to the granting of the business tax certificate, the applicant shall post with the municipal services/business tax division a cash deposit in the sum established by resolution of the City Council, which shall be forfeited to the City in the event that the applicant does not thoroughly clean the premises and remove all trees, pumpkins, temporary structures, rubbish and debris therefrom on or before January 2nd for Christmas tree sales lots and November 7th for pumpkin sales lots following the issuance of the certificate. If such premises are thoroughly cleaned, and all trees, pumpkins, temporary structures, rubbish and debris are so removed as aforesaid, said deposit shall be returned to the applicant. The pumpkin lot business tax certificate shall expire on November 30th following the date of application. The Christmas tree lot business tax certificate shall expire on January 30th following the date of application. (Ord. 1720 § 2, 10-27-98. Formerly § 11-26).