Chapter 5.20
TRANSIENT MERCHANTS AND ITINERANT VENDORS
Sections:
5.20.040 Door-to-door solicitation.
5.20.050 License requirements.
5.20.070 Violations--Penalties.
5.20.010 Definitions.
For the purposes of this chapter:
A. A "consumer" is one who uses and by using destroys the value of the article purchased.
B. "Itinerant vendor" means any person, firm, or corporation engaged or employed in the business of retailing to consumers by going from consumer to consumer, on the public streets, sidewalks, alleys and other public places, and there soliciting, selling, or offering to sell or exhibiting for sale (by sample, by catalog, or otherwise) or taking orders for future delivery of any goods, wares, or merchandise or for services to be performed in the future.
C. "Public premises" means any public street, sidewalk, alley, park or other public place or quasi-public place. It shall include any automobile, truck, trailer, or trailer house, on public or quasi-public property, temporarily occupied for gainful business.
D. "Transient merchant" means every person, firm, or corporation who or which brings onto public premises a stock of goods, wares, articles of merchandise, notions, or other articles of trade and who or which solicits, sells, offers to sell, or exhibits for sale such stock of goods, wares, articles of merchandise, notions, or other articles of trade at wholesale or retail.
E. "The public interest" is defined as economically beneficial to West Yellowstone residents and nonresidents alike, and not detrimental to the public health, safety or welfare by virtue of traffic congestion, lack of police protection, or fire or health hazard.
F. "Duly constituted town market" is defined as:
1. A general grant of permission by the town council to all of the businesses of the town and from other localities to conduct retail or wholesale merchandising on public premises; or
2. A business applicant which operates in accordance with all federal, state and local health and safety regulations upon public premises, which operation would be in the public interest. (Ord. 120 §1, 1986)
5.20.020 Activities unlawful.
It is declared unlawful for any itinerant vendor or transient merchant as hereinbefore defined to engage in business in the town and such activities are declared to be a nuisance and punishable as a municipal infraction. It is further declared unlawful for any person to sell merchandise, goods or services of any kind, or solicit orders for merchandise, goods or services of any kind, on any street, alley, sidewalk or other public place in the town, except as permitted in Section 5.20.030. This prohibition is made on the express finding of the council that it is best for the public interest of the citizens, residents, and visitors to the town, pursuant to Section 7-21-4102(2), MCA. (Ord. 207 §7, 2000: Ord. 180 §2, 1995: Ord. 120 §2, 1986)
5.20.030 Town markets.
Nothing in this chapter shall prohibit the sanctions of duly constituted town markets operated by authority of the town council, pursuant to MCA Section 7-21-2403(2). Such permission shall be granted only by express authorization of the town council, after public hearing, and considering factors which are in the public interest for the residents of the town and nonresidents visiting West Yellowstone. (Ord. 120 §3, 1986)
5.20.040 Door-to-door solicitation.
It is lawful for any person, upon complying with the licensing requirements specified herein, to retail to consumers, any goods, wares, or merchandise or for services to be performed in the future, by going from consumer to consumer upon private property at their places of residence or employment, and there soliciting, selling or offering to sell or exhibiting for sale, by sample, catalog or taking orders for future deliveries. (Ord. 120 §4, 1986)
5.20.050 License requirements.
A. Door-to-door solicitation as described in Section 5.20.040 shall be allowed upon application and granting of a license by the town and paying a fee for the license in the amount of thirty dollars. Such fee shall be paid to the town council before commencing such business. The license shall be nontransferable and shall so state on its face.
B. A duly constituted town market desiring to do business in the town, may apply for a license from the town clerk, and before commencing such business, shall pay to the town clerk the sum of fifty dollars for a license to conduct such business for a period of up to ninety days from the date the license is issued. The license shall be nontransferable and shall so state on its face.
C. 1. Every door-to-door vendor and duly constituted town market as described in Section 5.20.010 must, before commencing such business, file with the town clerk, on a form to be provided by the clerk, an application in writing, subscribed and sworn to by such applicant, before an officer in the state authorized to take oaths. The application shall set forth the name of the applicant; his place of permanent residence; his local headquarters, if any; time of his arrival in the town; the county or town from which last license received, if any; whether acting as principal, agent or employee; if acting as agent or employee, the name and place of business of his principal agent or employer; brief descriptive list of articles to be offered for sale or services to be performed; whether payments or deposits of money are collected when orders are taken or in advance of final delivery.
2. If the applicant is acting as an agent, the principal’s acknowledgement of such agency must accompany the application; and at the time of filing the application, it must be accompanied with the license fee of thirty dollars for door-to-door vendors, and fifty dollars for town markets.
D. 1. Every application made under this section by a person taking orders for future delivery and collecting advance payments, deposits or guarantees may be accompanied by a bond in the sum of five dollars to ten thousand dollars to the town clerk. The bond shall be executed by a surety company licensed to do business in Montana or by two responsible freeholders residing in the town and whose names appear on the assessment roll in the town. In lieu of the bond required above, the application may be accompanied by a cash bond of equal amount. The bond shall be approved by the town clerk and conditioned upon making a final delivery of the goods ordered or the services to be rendered in accordance with the terms of such order, or, failing therein, that the money advanced by the customer be refunded. Such bond shall remain in full force and effect for a period of six months after the expiration of any such license and shall be held to assure only business transacted under the authority of the license issued pursuant to the application which such bond accompanied.
2. Any person aggrieved by the action or misrepresentation of any such business shall have a right of action on the bond for recovery of his money advanced or damages and costs.
E. Upon filings of the application and the bond prescribed, if any, in proper form, and upon the payment to the town clerk of the sum required, and in the case of town markets, after approval by the council in accordance with Section 5.20.030, the clerk shall issue and deliver to the applicant a license to carry on the business described in such application in the town for a period of one year in the case of door-to-door vendors, and up to ninety days in the case of town markets, from the date of such license.
F. Every such person doing business under the provisions of this section must upon demand of any town officer or employee, exhibit his license and permit the same and then and there to be read by the person making such demand. (Ord. 120 §5, 1986)
5.20.060 Interstate commerce.
Nothing in this chapter is intended to operate so as to interfere with the power of the United States to regulate interstate commerce between the states as such power is defined by the Supreme Court of the United States. (Ord. 120 §8, 1986)
5.20.070 Violations--Penalties.
Violation of this chapter is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA. (Ord. 207 §8, 2000: Ord. 120 §7, 1986)