Chapter 5.30
TRANSIENT MERCHANTS*
Sections:
5.30.030 License fee – Application – Issuance.
5.30.040 State and county license required.
5.30.130 Action on expiration of license.
*Prior legislation: Ord. 894.
5.30.010 Definitions.
A. “Transient merchant” as used in this chapter means and includes every person who occupies a fixed location and who is engaged in or participating in a temporary or transient business of selling or exhibiting for sale, or purchasing, goods, wares, foods or merchandise of any name or nature in the city. The term “transient merchant” shall not be construed to apply to an operator of a concession or business exhibiting for sale goods, wares, or merchandise of any name or nature as part of or in connection with any athletic event, rodeo, carnival, festival, fair, or public exhibition or event held within or without the city.
B. “Temporary” or “transient” as used in this chapter generally means a business not conducted from and within a permanently constructed, fully enclosed structure; however, the term also includes a business conducted within any space leased or rented on a short-term basis.
C. Length of Transient Business. Length of transient business shall not exceed a total of 90 days per calendar year and not exceed five days per week. Variance from city administration will be reviewed upon written request and may be granted by city administration for special circumstances (e.g., seasonal produce that needs to be sold for three weeks straight). (Ord. 1058 § 1, 2013)
5.30.020 License required.
No person or other entity shall engage, conduct or participate in the business of a transient merchant in the city without first obtaining a license as provided in this chapter. (Ord. 1058 § 2, 2013)
5.30.030 License fee – Application – Issuance.*
The license fee for a transient merchant as set forth in Exhibit “A,”* attached to the ordinance codified in this chapter, shall be paid in advance of licensing. Application for such licensing shall be made to the finance department in writing and shall contain the name and address of the person or entity to whom the license has been issued, the nature of the business to be conducted, the day or days for which the license is to be granted, the location upon which the business will be conducted, and a description of the business operation adequate to inform city officials of its appearance and manner of operation. The city administrator or authorized designee shall review the application, and upon verification that the license fee has been paid and all other requirements have been met, the license shall be issued.
The transient merchant shall receive a copy of the license and shall display it conspicuously at its place of business. (Ord. 1058 § 3, 2013)
*Code reviser’s note: Exhibit A to Ord. 1058 can be found on file with the city.
5.30.040 State and county license required.
No license shall be issued to a transient merchant unless the applicant submits with its application documentation that it has obtained all health and sanitary licenses from the state and county where applicable. (Ord. 1058 § 4, 2013)
5.30.050 Signs.
Any sign erected or maintained by a transient merchant shall comply with regulations for signs adopted by the city. (Ord. 1058 § 5, 2013)
5.30.060 Agent for service.
The applicant shall appoint a local person, acceptable to the city administrator, as an agent for accepting service of process, notice or demand required or permitted by law to be served upon the applicant. The applicant shall submit with its application the agent’s acknowledged consent to accept such service for the applicant. (Ord. 1058 § 6, 2013)
5.30.070 Conditions.
In addition to the requirements herein, conditions of operation which are necessary to protect the public health, safety and general welfare may be imposed on a license. (Ord. 1058 § 7, 2013)
5.30.080 Grounds for denial.
In addition to the requirements listed above, a license shall not be issued if:
A. Any false or misleading information is supplied in the application or any information requested is omitted from the application.
B. The applicant has been convicted of a crime involving unlawful trade practices as defined by ORS 646.608, fraud or moral turpitude within the last five years.
C. The applicant has been the subject of an unlawful trade practices suit or investigation under ORS Chapter 646 which resulted in civil penalties assessed against it.
D. The applicant’s proposed actual business operation presents a danger to the public health, safety and general welfare which cannot be alleviated through the imposition of a condition of operation.
E. The applicant is unable to provide proof of compliance with all applicable state and county licensing requirements.
F. The applicant has failed to comply with any other applicable provision of this chapter relating to the proposed conduct of the business.
G. The licensee fails to meet all requirements of, or is doing business in violation of, federal, state, county or municipal law. (Ord. 1058 § 8, 2013)
5.30.090 Transferability.
No license issued pursuant to this chapter shall be transferable. (Ord. 1058 § 9, 2013)
5.30.100 Revocation.
A license, once issued, may be revoked upon the following grounds:
A. Violation of any of the requirements of this chapter.
B. The actual operation of the transient business in a manner presenting a danger to the public health, safety and general welfare, or creating a public nuisance.
C. Fraud, misrepresentation or incorrect statement contained in the application for the license.
D. Fraud or misrepresentation in the course of conduct of the licensed business.
E. Conviction of any crime involving fraud or moral turpitude.
F. Violation of any ordinance of the city of Rainier.
Notice of revocation shall be delivered to the licensee or its agent setting forth in writing the grounds thereof by the city administration. Notice shall be delivered either personally or by certified mail, return receipt requested, to the current address shown on the city’s records. Upon receipt of such notice, the licensee’s business operation shall be terminated and removed within two hours. (Ord. 1058 § 10, 2013)
5.30.110 Violations.
Violation of any of the provisions of this chapter is an infraction, punishable by a fine not to exceed the sum of $250.00 for each violation thereof, each day constituting a separate violation. (Ord. 1058 § 11, 2013)
5.30.120 Appeal.
Any transient merchant aggrieved by the denial or revocation of a license or any action taken by the city under this chapter shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk, within three days of the action or conduct complained of, a written statement setting forth the grounds for appeal. The city council shall set a time and place for hearing within 30 days of receipt of such statement and written notice shall be delivered to the appellant and all affected parties in the manner provided herein for delivery of notices of revocation. The decision of the city council after such hearing shall be in writing, shall set forth findings of facts and shall be final. A certified copy of the decision of the council shall be delivered to the appellant and all affected parties in the manner indicated above. (Ord. 1058 § 12, 2013)
5.30.130 Action on expiration of license.
Upon the termination of its license, the transient merchant shall remove its business operation, including all signs and vehicles, from the licensed location within two hours and shall leave the location in a clean and orderly manner. (Ord. 1058 § 13, 2013)
5.30.140 Exemptions.
Any nonprofit organization, community organization, service club, or charitable organization. (Ord. 1058 § 14, 2013)