Chapter 7.05
ITINERANT MERCHANTS AND TEMPORARY BUSINESSES
Sections:
7.05.030 License – Exemptions.
7.05.040 License – Application.
7.05.080 License – Nontransferable.
7.05.090 Exhibition of license.
7.05.100 Denial or revocation.
7.05.130 No solicitation sign.
7.05.140 Prohibited activities.
7.05.150 Penalty for violation.
* Code reviser’s note: This chapter has been treated as repealed and replaced per the intent of Ord. 440.
7.05.005 Purpose.
The purpose of this chapter is to provide a safe, profitable, and peaceful method for itinerant and temporary businesses to operate within city limits. It is necessary for businesses regulated by this chapter to contribute to the costs of city infrastructure and services that they use and benefit from. It is also necessary for the city to regulate itinerant and temporary merchants to protect the safety and peace of the public. [Ord. 443 § 1, 2023; Ord. 440, 2022.]
7.05.010 Definitions.
“Itinerant merchant” includes any person traveling by any means from place to place, house to house or street to street, offering or exposing goods, wares, merchandise or services for sale, or making sales and delivering articles to purchasers or taking or attempting to take orders for sale of goods or services for future delivery or seeking money or contributions for charitable causes.
“Nonprofit organization” means any educational institution, association, society or other organization which is organized or associated together on a nonprofit basis and the purpose of such organization is conducted without the intent to produce profit in money.
“Person” includes the singular and plural, and any firm, corporation, association, partnership, society or other organization.
“Temporary business” includes any person traveling by any means from place to place, business to business, street to street, or located in any open space outside an enclosed building, and utilizing or employing any cart, trailer, vehicle, tent, canopy, table, or other temporary structure offering or exposing goods, wares, merchandise or services for sale, but not possessing a physical street address inside the city limits. [Ord. 443 § 1, 2023; Ord. 440, 2022.]
7.05.020 License – Required.
It is unlawful for any itinerant merchant or temporary business entity, as defined in this chapter, to operate or to engage in business activities within the city limits of Halsey without first obtaining a temporary sales license as provided in this chapter, except those businesses exempted under HMC 7.05.030. [Ord. 443 § 1, 2023; Ord. 440, 2022.]
7.05.030 License – Exemptions.
(1) Regular Business Calls. “Itinerant merchant” shall not be interpreted to include those persons calling upon business firms, either in delivery of goods or soliciting orders for merchandise, goods or services which are regularly handled or used by the business firms in their regular course of business.
(2) Certain Deliveries. This chapter shall not be interpreted to apply to milk, grocery or other merchandise deliveries, or services ordered by a resident or sold by an area merchant and delivered to the purchaser as a service.
(3) Subscriptions and Application. No license shall be required of a newspaper carrier soliciting subscriptions or a nonprofit organization making applications on behalf of its members recognized under provisions of the Internal Revenue Code Section 501(c).
(4) Direct Contact. These provisions shall not apply to any individual, or group, desiring to contact persons on a door-to-door basis for personal, political, charitable, religious or philanthropic purposes; provided, that there is no selling of merchandise or services, or solicitation of contributions.
(5) Youth Businesses. Any unincorporated business activity carried on by individuals under the age of 18.
(6) Public Events. Persons selling goods or services exclusively during a permitted public event activity where the sponsor of the event has obtained a public event permit as long as they comply with the rules of the event.
(7) Garage, moving, or similar sales provided no more than four such sales are conducted annually, and each sale lasts no longer than three days.
(8) Nothing in this chapter shall be construed to apply to any person transacting and carrying on business within the city which is exempt from a license fee of the city by virtue of the Constitution of the United States, the Constitution of the State of Oregon, or applicable federal or state law.
(9) Any person paying a city of Halsey franchise tax or fee is exempt from the requirements of this chapter. [Ord. 443 § 1, 2023; Ord. 440, 2022.]
7.05.040 License – Application.
(1) Every person that engages or seeks to engage in itinerant merchant or temporary business activities inside the city limits of Halsey must first submit an application for a temporary sales license to staff at City Hall during regular business hours. The application shall be on a form prepared by the city and shall contain, at least, the following information:
(a) Address, both permanent and local, if any;
(b) A brief description of the nature of business and the goods or services to be sold. In the case of products of farms or orchards, a statement whether the produce to be sold is grown by the applicant;
(c) If the applicant is employed, the name and address of the employer, together with credentials establishing an exact relationship;
(d) The period of time during which the solicitation is to be carried on including hours and days of the week;
(e) Proposed business location(s), if any, and written approval from the respective property owner(s);
(f) A copy of vehicle registration information of any vehicle to be driven inside the city limits during the itinerant business activity; and
(g) A copy of a valid government issued identification.
(2) No itinerant merchant or temporary sales activities may begin until the license has been issued by the city. [Ord. 443 § 1, 2023; Ord. 440, 2022.]
7.05.050 License – Groups.
Persons employing several individuals as itinerant merchants may apply for a single license and shall provide such information as required in HMC 7.05.040 for each individual conducting business activities in Halsey on their behalf. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.060.]
7.05.060 License – Fee.
(1) Except as herein specifically exempted for payment of fees, all persons applying for a license shall pay a fee as established by city council resolution.
(2) No license fee shall be required on a vendor selling products of the farm or orchard produced by the seller or a nonprofit or educational organization soliciting donations for a charitable cause. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.070.]
7.05.070 License – Term.
The temporary sales license expires one year and a day after the date of issue. It may be renewed each year for up to three years by paying a fee as established by city council resolution. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.080.]
7.05.080 License – Nontransferable.
Temporary sales licenses are nontransferable. No license shall be used at any time by any person other than the one to whom it is issued. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.090.]
7.05.090 Exhibition of license.
Itinerant merchants and temporary businesses are required to exhibit their license while conducting business activities in the city of Halsey. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.100.]
7.05.100 Denial or revocation.
A license may be denied or revoked by the city administrator if:
(1) False or misleading information is submitted on the application.
(2) The applicant’s proposed business violates other local, state, or federal laws, as determined by the appropriate governmental authority.
(3) The applicant has been convicted of a violation of this chapter within the two years prior.
(4) The applicant engages in business activities that are not described in the application. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.110.]
7.05.110 Notice.
A notice of denial or revocation of a temporary sales license shall be given in writing setting forth the grounds of denial or revocation. Such notice shall be mailed to the licensee at the last known address. The notice shall contain a statement that the licensee has the right to appeal the revocation. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.120.]
7.05.120 Appeal.
Any applicant or license holder aggrieved by the action of the city administrator in the denial or revocation of a temporary sales license shall have the right to appeal to the Halsey city council. Such appeal shall be taken by filing with the city, within 10 days after notice has been mailed to such person’s last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for the hearing of such appeal and notice of such hearing shall be given to the appellant in the same manner as notice of denial or revocation. The appellant will have the opportunity to offer oral or written testimony. The decision of the council on such appeal shall be final. [Ord. 443 § 1, 2023; Ord. 440, 2022. Formerly 7.05.130.]
7.05.130 No solicitation sign.
(1) If a residence or business has a posted sign advising that solicitation and/or solicitors are not welcome, or unwanted, then persons shall not solicit or call upon such locations.
(2) Signs posted pursuant to this section shall be posted on or near the boundaries of the property at the normal point of entry and:
(a) Must be reasonably visible; and
(b) Must contain the words “NO SOLICITATION.” [Ord. 443 § 1, 2023.]
7.05.140 Prohibited activities.
(1) Door-to-door solicitation is prohibited between the hours of 7:00 p.m. and 9:00 a.m. There shall be no door-to-door solicitation on Sundays.
(2) Except as part of a city event, setting up a temporary business or displaying goods for sale on the public streets and sidewalks in the city of Halsey is prohibited. If a city event allows street sales, participants will not need a solicitation license, but they must follow the rules established for the event.
(3) No temporary business shall operate on or from privately owned property without permission from the property owner. The property owner may rescind permission at any time.
(4) No itinerant merchant or temporary business shall obstruct access or usage of sidewalks, streets, public signage, clear vision areas, driveways or accesses, or otherwise impair or impede the safe use of public or private property.
(5) No itinerant merchant or operator of a temporary business shall enter into a street to accept payment, deliver merchandise, or otherwise conduct business with an occupant of or driver of a motor vehicle. [Ord. 443 § 1, 2023; Ord. 440, 2022.]
7.05.150 Penalty for violation.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $200.00 per violation. A separate penalty shall be assessed for each day such person is found guilty of violating the provisions of this chapter. [Ord. 443 § 1, 2023; Ord. 440, 2022.]