Chapter 5.20
STREET VENDORS AND PEDDLERS
Sections:
Article I. Street Vendors
5.20.030 Application and approval.
Article II. Peddlers
Article I. Street Vendors
5.20.010 Title.
The title of this chapter is the city of Donnelly street vendor ordinance. [Ord. 181 § 1, 2006.]
5.20.020 Definition.
“Street vendor” means every person or business who offers goods or services for sale or rent, or offers to purchase goods, on the streets, or from a vehicle or a stand open to street access, who has a primary business location conducted from a vehicle, stand, temporary structure not regulated elsewhere by the city code, or wagon within the city of Donnelly. A separate license is required for each street vendor stand. Excluded from this definition are persons or businesses:
A. Making delivery of goods previously ordered by any business or personal customer;
B. A peddler (see Article II of this chapter) whose activity in major part is thus driving a regular route to the location of existing customers who have arranged for return visits;
C. All vendors that fall under the special event designation currently administered by the Donnelly chamber of commerce; and
D. All nonprofit organizations that fall under the special event designation administered by the Donnelly chamber of commerce. [Ord. 181 § 2, 2006.]
5.20.030 Application and approval.
Prior to any street vendor operating within the city of Donnelly, such street vendor must first apply for, pay for and obtain or renew a license from the city. [Ord. 181 § 2, 2006.]
5.20.040 Application process.
All applications and renewals shall be submitted on the city-supplied application form together with suitable identification and other requirements which the city may require on the form and are subject to review and approval by the city planning and zoning administrator. All licenses are of six-month or annual duration beginning with the start date set by the applicant or upon approval, if later in time. [Ord. 181 § 3, 2006.]
5.20.050 Sponsor.
All applicants must have a private property owner or business sponsor which provides adequate private property upon which to conduct their street vendor business. In addition, either the sponsor or the applicant is to have a minimum $100,000 liability insurance coverage for the street vendor’s activities at said location. The applicant is required to execute a hold harmless clause as part of the application in favor of the city for any ensuing liability. [Ord. 181 § 4, 2006.]
5.20.060 Fees.
The six-month license fee is $300.00 and the annual license fee is $600.00, plus a refundable $100.00 fee (which will be refunded at the time of license expiration). In the event the city planning and zoning administrator does not approve the application, all fees except for a $25.00 processing fee will be returned to the applicant. [Ord. 181 § 5, 2006.]
Article II. Peddlers
5.20.070 Definition.
“Peddler,” for the purpose of this article, shall be construed to include any person, either principal or agent, who goes from place to place and house to house, carrying for sale, or offering for sale, or exposing for sale goods, wares or merchandise. [Ord. 13, 1952.]
5.20.080 Fee.
A license tax is hereby levied and assessed on each and every peddler of goods, wares or merchandise of any character, whether a peddler on foot or by and from a vehicle, in the sum of $10.00 per day. [Ord. 13, 1952.]
5.20.090 Exceptions.
Nothing in this chapter shall apply to peddlers in agriculture, horticulture or farm products grown within the boundaries of Valley County. [Ord. 13, 1952.]