Chapter 23
PEDDLERS AND SOLICITORS
23-6 License issuance, duration, and fees.
23-7 Transfer and display; employees.
23-8 Loud noises and speaking devices.
23-9 Prohibited and regulated locations.
23-11 Location; size limitation; refuse; appearance.
23-12 Peddling by charitable organizations, etc.
23-15 Church Street Marketplace District peddlers and solicitors.
23-1 License required.
It shall be unlawful for any person to engage in the business of peddler as defined in section 23-2 of this chapter within the city without first obtaining a license therefor as herein provided.
(Ord. of 3-3-76; Ord. of 6-11-79)
23-2 Definitions.
The word "peddler," as used herein, shall include any person, whether a resident of the city or not, traveling by foot, or utilizing a wagon, motor vehicle, pushcart, van or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, pastries, fish, vegetables, fruits, garden truck, farm products or other provisions, food or services, and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a table or stand, or from a wagon, motor vehicle, pushcart, van, railroad car or other vehicle or conveyance. The following businesses/individuals are exempt from this licensing requirement: One who, for or on behalf of a nonprofit organization, solicits orders and as a separate transaction makes deliveries to purchasers, a farmer who is selling the produce of his/her own farm; delivery services.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 2-25-91; Ord. of 11-27-95)
23-3 Application.
Except for those persons seeking certification pursuant to Section 23-15 to peddle or solicit in the Church Street Marketplace District or Parks/Waterfront area, applicants for a license under this chapter shall file an application with the city clerk meeting the requirements of Section 19-4. In addition to the requirements of Section 19-4, an application for a peddler’s license shall likewise include the following information:
(a) A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant;
(b) If employed, name and address of the employer;
(c) The length of time for which the right to do business is desired;
(d) If a vehicle is to be used, a description of the same, together with the license number or other means of identification;
(e) One (1) photograph of the applicant, taken within sixty (60) days immediately prior to the date of filing the application, which picture shall be two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(f) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor;
(g) A statement as to the dimension, construction and appearance of applicant’s stand or cart, and a photograph of such, and a description of the area where peddler requests his/her cart or stand be located;
(h) Proof that applicant maintains public liability insurance for personal injury and property damage. Proof shall be in the form of a certificate from an insurance company authorized to do business in this state, with the provision that such insurance shall be noncancellable except after ten (10) days’ notice to the city clerk. Such public liability insurance shall provide coverage of at least one hundred thousand dollars ($100,000.00) for personal injury to or death of any one or more persons in any one accident, and for damage to property in the amount of at least twenty-five thousand dollars ($25,000.00) resulting from any one accident.
Liability insurance for bodily injury shall not be required for noncommercial functions or endeavors, provided that the applicant agrees in writing to hold and save the city harmless for any and all liability arising out of such function or endeavor.
(Ord. of 3-3-76; Ord. of 9-11-78; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 10-24-83; Ord. of 5-11-92; Ord. of 10-13-15(3))
23-4 Investigation.
Upon receipt of any application filed under Section 23-3, the city clerk shall forward a background check form to the appropriate authorities, who shall cause an investigation of the applicant to be made, including a history of criminal convictions. The information received from the background check inquiry shall be considered by the city in determining whether a license shall be issued or the applicant certified as qualified for the issuance of a peddler’s license.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 5-12-86; Ord. of 2-25-91; Ord. of 11-27-95; Ord. of 10-13-15(3))
23-5 Granting of license.
Applications for peddlers’ licenses filed pursuant to Section 23-3 will be granted under the provisions of Section 19-6 of this Code.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 5-12-86)
23-6 License issuance, duration, and fees.
(a) Types of licenses. There shall be two (2) types of peddlers’ licenses available for issuance under this section. Except for peddlers who deliver goods from place to place, each license is good for only one (1) stationary location at any one (1) time.
(1) A general license shall authorize peddling at all locations throughout the city except:
a. Within the Church Street Marketplace District;
b. Within the Central Peddling District;
c. Between the curblines of any street, unless the license carries a vehicle license endorsement; or
d. Within any city park or within twenty (20) feet of the boundary of any city park except by authorization from the parks and recreation commission. Unless authorized by the commission, peddlers shall also be prohibited from the following areas located near city parks:
1. East from North Beach on the Institute Road right-of-way to North Avenue.
2. Lake Street right-of-way from Depot Street to College Street inclusive.
3. College Street right-of-way west of Battery Street.
4. City-owned land north of Waterfront Park until North Beach including the Water Division access road and the Burlington bikeway.
5. Maple Street right-of-way west of Battery Street.
(2) A Central Peddling District license which, in addition to operating as a general license, shall authorize peddling within the Central Peddling District at one of the designated peddler sites. "Central Peddling District," for the purposes of this chapter, shall be defined as the area bounded by, and including both sides of, Main Street, Battery Street, Pearl Street, and South Union Street except within the Church Street Marketplace District as defined in the City Charter at Section 321 and except within the boundaries of City Hall Park and sidewalks adjacent thereto.
(b) Vehicle endorsement:
(1) Peddlers who receive a general license may request a vehicle endorsement that authorizes the placement of that vehicle on a city street or right-of-way. No vehicle endorsement shall be applicable in the Central Peddling District. The location and placement of peddler’s vehicles shall be regulated by the city. In addition, the city may limit the number of general licenses which shall receive a vehicle endorsement. The maximum size of any peddler’s vehicle may not exceed thirty (30) feet in length.
On receipt of an application requesting endorsement, the city clerk shall review the traffic, parking and other relevant areas affected at the proposed location of the vehicle. The city may decline to grant a vehicle endorsement for a permanent location.
Peddlers who receive a vehicle endorsement shall be responsible for cleaning the area of the public way near and covered by that vehicle. Peddlers who receive a vehicle endorsement for this or any location must at all times comply with all city parking ordinances.
(2) The particular parking limitations on University Place warrant a specific limitation on the number of peddlers who may locate vehicles at that site. Therefore, the number of licenses with vehicle endorsement that may be issued for University Place in Burlington is hereby limited to seven (7) spaces. The city clerk’s office shall monitor and administer the occupancy of these spaces. Those spaces shall be marked and signed for use by peddlers from the hours of 7:00 a.m. through 7:00 p.m. Peddlers’ vehicles shall be removed from these spaces at the close of each business day.
(c) Allocation of licenses and peddler sites. Within the central business district, peddlers may locate only at sites that have been designated as peddler sites by the city council license committee. A map of designated sites shall be available for review at the city clerk’s office. An applicant may petition the license committee to add a site to the map. Both general and unoccupied central peddling district peddler sites shall be allocated on a first-come, first-serve basis. A peddler may remain at an approved site by renewing his/her annual license on a timely basis. The clerk’s office shall keep a waiting list of persons interested in obtaining a peddler site on University Place. If a designated site on University Place is vacated by an existing peddler, that space will first be offered to other existing peddlers in order of seniority and then to the general public on the waiting list. The clerk’s office shall also keep a waiting list of persons interested in designated sites in the central peddling district. If a designated site becomes available, the site shall be offered to persons from the waiting list.
(d) Fees and duration. Licenses shall be issued annually on June 1. Existing peddlers must submit renewal applications to the city clerk’s office by May 15 in order to ensure that they retain their current peddler sites. There shall be a thirty dollar ($30.00) fee charged, in addition to the license fees, for all applications submitted after June 1, unless otherwise set by order of the city council. The fee for all licenses issued under this section shall be payable in full upon application, and be refunded less a five dollar ($5.00) processing fee if the application is denied. Fees for licenses shall be as follows:
(1) General licenses: One hundred dollars ($100.00) per year or fifteen dollars ($15.00) per month. Vehicle license endorsements shall be an additional three hundred dollars ($300.00) per year or an additional thirty dollars ($30.00) per month or any part thereof.
(2) Central Peddling District licenses: Three hundred dollars ($300.00) per year or two hundred dollars ($200.00) for six (6) months or sixty dollars ($60.00) per month or any part thereof.
(3) Peddlers selling food shall make a deposit of one hundred dollars ($100.00) to the city clerk to ensure that the peddling area is kept clean. The deposit shall be returned to the peddler on termination of the licensing period once the clerk confirms that the area has been maintained as required by this section. If the area has not been properly maintained, the city shall retain the deposit to pay for the cleaning of the area.
(Ord. of 3-3-76; Ord. of 2-27-78; Ord. of 9-11-78; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 5-20-85; Ord. of 2-25-91; Ord. of 8-23-93; Ord. of 10-25-93; Ord. of 11-27-95; Ord. of 5-21-01; Ord. of 10-13-15(3))
23-7 Transfer and display; employees.
(a) No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued or an employee thereof. A licensee shall display his/her license at all times while peddling. Failure to do so shall be considered cause for revocation of such license.
(b) Employees. A licensed peddler may utilize the services of employees and shall be fully responsible for insuring that his/her employees comply with the provisions of this chapter.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 7-23-84; Ord. of 5-12-86; Ord. of 2-25-91; Ord. of 5-11-92)
23-8 Loud noises and speaking devices.
No peddler, except one granted a vehicle license pursuant to subsection 23-6(a)(2) or a Church Street Marketplace certificate under section 23-15 hereof, nor any person in his behalf, shall shout, make and cry out, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in said city if sufficient volume is produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 10-19-81)
23-9 Prohibited and regulated locations.
(a) Unless otherwise specifically provided herein, no peddling shall be permitted in, nor shall any peddler occupy for the purpose of peddling at any time, the following areas: The Church Street Marketplace District or between the curblines of Main and Pearl Streets between South Union and Battery Streets.
(b) All licensed peddlers utilizing city sidewalks for peddling shall establish themselves, their displays and the product they are holding out for sale as close as is reasonably possible to the curbline unless otherwise directed by the city. At no time shall a peddler intervene with or obstruct the free passage of pedestrians upon a sidewalk.
(c) All peddlers shall remove their carts or vehicles from the public street or sidewalk at the close of each business day.
(d) Peddlers shall not be licensed to sell food or merchandise within thirty (30) feet of a business or peddler selling similar produce or wares.
(Ord. of 3-13-76; Ord. of 2-27-78; Ord. of 9-11-78; Ord. of 6-11-79; Ord. of 8-18-80; Ord. of 10-19-81; Ord. of 5-11-92; Ord. of 8-23-93; Ord. of 11-27-95; Ord. of 10-13-15(3))
23-10 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or ineffective.
(Ord. of 9-11-78; Ord. of 6-11-79; Ord. of 10-13-15(3))
23-11 Location; size limitation; refuse; appearance.
The city may regulate the placement and location of peddlers including, but not limited to, the following restrictions: No peddler may locate their table, stand, pushcart, or other such device in front of, or within five (5) feet of either side of an entry way or in front of or within five (5) feet on any side of any window of any business while the business is open, or in front of a marked handicapped space, unless the vehicle in the space belongs to the handicapped peddler, or under or within ten (10) feet of the Flynn Theatre Marquee. Except within the Church Street Marketplace District, no peddler peddling upon the sidewalks of the city shall utilize any table, stand, pushcart or other device for holding and/or dispensing his/her products which exceeds a total height of eight (8) feet, including all accessories, total length of eight (8) feet, and total area of twenty-four (24) square feet. The longest dimension shall at all times be parallel to the curb. All such tables, stands, pushcarts or other such devices, including vehicles, shall be maintained to be neat and safe, and products for sale shall be displayed in a manner pleasing to the public. The extra inventory and devices to carry merchandise shall be stored completely out of the public view. No peddler shall discharge, or cause to be discharged, any grease, ash or any other form of refuse on to any street or sidewalk area. All food peddlers will provide appropriate trash receptacles and be responsible for sweeping broom-clean the area within at least a fifteen-foot radius of their operations and for cleaning all food and/or grease from the sidewalk. All peddlers shall keep the area surrounding their location clear of trash, debris, snow or ice for a distance of four (4) feet. No peddler shall locate any portion of his/her cart or table within fifteen (15) feet of another peddler’s cart or table within the Central Peddling District unless otherwise designated by the license committee. No peddler shall keep animals of any kind near their location. No peddler shall use parking meters, utility poles, trees, or property other than the peddler’s or solicitor’s own stand, cart, table, etc. to advertise in any manner. No peddler shall operate in a manner which jeopardizes the public health, safety, or general welfare.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 2-25-91; Ord. of 5-11-92; Ord. of 11-27-95; Ord. of 2-16-99; Ord. of 2-19-02)
23-12 Peddling by charitable organizations, etc.
Nothing in this chapter shall prohibit the clerk/treasurer, or city council, from authorizing the issuance of permits for peddling by representatives of public, pious or charitable organizations for such periods of time as the city council or the clerk/treasurer, shall authorize without payment of a license fee. The clerk/treasurer may issue a permit upon receipt of an application and proof of required insurance or an acceptable alternative in accordance with section 23-3(h) of this chapter. Peddling by representatives of public, pious or charitable organizations within the Church Street Marketplace District shall require a certificate and payment of a fee pursuant to section 23-15 of this chapter.
(Ord. of 3-3-76; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 2-25-91; Ord. of 5-5-97)
23-13 Penalty.
Persons violating any of the provisions of this chapter, with the exception of section 23-15, shall be subject to a civil penalty of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). The waiver penalty for such offense for purposes of the municipal complaint (civil ticket) shall be fifty dollars ($50.00). Each day the violation continues shall be a separate offense. The clerk/treasurer, assistant clerk/treasurer and all law enforcement officers are authorized to issue a municipal complaint for a violation of this chapter. The peddler’s license may also be suspended or revoked by the city council if such is recommended by the license committee of the board after notice and hearing for such violation before such committee.
(Ord. of 9-11-78; Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 1-9-95)
23-14 Amendments.
The city council may amend this chapter at any time by adding or eliminating spaces or changing space locations as required, despite the fact that licenses may already be granted for any license year.
(Ord. of 6-11-79; Ord. of 10-19-81)
23-15 Church Street Marketplace District peddlers and solicitors.
(a) Certificate required. It shall be unlawful for any person to engage in the business of peddler as defined in section 23-2 of this Code within the area coming under the jurisdiction of the Church Street Marketplace district Commission as defined in section 322 of the Burlington City Charter without first obtaining a certificate therefor as herein provided.
(b) Definitions.
(1) Commission. The Church Street Marketplace District Commission as defined in the City Charter at section 322
(2) District. The Church Street Marketplace District as defined in the City Charter at section 321 as it may hereafter be altered pursuant to section 323 of the City Charter.
(3) Peddler. The word "peddler" as used herein shall be as elsewhere defined in this Code at section 23-2
(4) Solicitors. Persons or organizations requesting financial contributions or distributing information concerning a political person or organization.
(5) Marketplace street artist. A person who, while in the marketplace, produces arts or crafts items for immediate sale on the marketplace and who receives a marketplace street artist certificate.
(6) Arts or crafts items. Items belonging to the following categories: Painting, textiles, glasswork, ironwork, macrame, graphic arts, woodworking, lapidary, photography, ceramics, pottery, jewelry, wax, leather work, sculpture, lithography, holiday wreathes and garlands.
(7) Marketplace peddler. A person who peddles goods and/or food and/or nonalcoholic beverages within the Church Street Marketplace.
(8) Marketplace seasonal peddler. Any person who meets the definition of marketplace peddler and who chooses to obtain a seasonable peddler certificate for increments of time of not less than one month beginning on the following dates: May 15, June 15, July 15, August 15.
(9) Marketplace merchant. Any person engaged in a business from a building within the district.
(10) Marketplace street artisan. A person who peddles only arts or crafts items, which items may be produced either on or off the marketplace and who receives a marketplace street artisan certificate.
(11) Person. Any individual, married couple, partnership with five (5) or fewer partners or corporation with five (5) or fewer shareholders.
(c) Administration.
(1) Certification by commission. The commission administers the certification and siting of all peddlers and solicitors in the district.
(2) Establishment of zones and sites. On or before June thirtieth of each year, the commission will establish zone(s) for peddler operation within the area coming under commission jurisdiction, and will also set the number and location of not more than forty (40) sites available within the zone(s) for the ensuing fiscal year commencing July first.
(3) Granting of certificates. Annual certificates may be granted by the commission for the following categories of peddler:
Marketplace street artist;
Marketplace street artisan; and
Marketplace [food] peddler.
Seasonal certificates may be granted by the commission for the following category of peddler:
Marketplace seasonal peddler.
Weekly certificates may be granted by the commission for the following categories of peddler:
Marketplace street artist;
Marketplace street artisan; and
Marketplace peddler.
Twenty-four hour permits may be granted by the commission for the following categories of peddlers and solicitors:
Marketplace street artist;
Marketplace street artisan;
Marketplace peddler;
Marketplace merchants; and
Persons or organizations who wish to set up a booth or stand for noncommercial purposes.
a. Application for annual, seasonal or weekly certificates. Every person desiring certification as a marketplace street artist, marketplace street artisan, marketplace peddler or marketplace seasonal peddler pursuant to this section shall file an application with the commission. Persons holding current annual certificates may reapply for such certificates during a two-week period before the application period for the general public begins. A person may hold two (2) annual marketplace peddler certificates in any one (1) year. All applications submitted shall contain the following:
1. The name and mailing address of the applicant and the name and mailing address of a person through whom the applicant may be reached.
2. Two (2) photographs of the applicant, taken within sixty (60) days immediately prior to the date of the filing of the application, which pictures shall be not less than two (2) inches by two (2) inches showing the head and shoulders of the applicant in a clear and distinguishing manner.
3. A statement as to the dimension, construction and appearance of applicant’s stand or cart, and a photograph, blueprint, or drawing of such.
4. A statement as to which zone the applicant prefers.
5. Marketplace street artisan applicants shall also submit:
(i) A description of the art or craft items for which the applicant seeks certification.
(ii) A declaration that the art or craft items for which the street artisan seeks certification is of the street artisan’s own creation, and that the street artisan is not employed by another person in the production of the art or craft items for which certification is sought.
6. Marketplace peddler applicants and marketplace seasonal peddler applicants shall also submit a description of the foods and/or drinks and/or goods the applicant proposes to sell.
7. Marketplace street artisans shall also submit a description of the arts and crafts items the applicant proposes to sell.
8. Marketplace street artist applicants shall also submit a description of the art or craft items the applicant proposes to produce for immediate sale.
9. A deposit equal to fifty dollars ($50.00) for applicants for annual and seasonal certificates, and equal to not less than one-quarter the fee, if any, for applicants for weekly and twenty-four-hour certificates, which deposit shall be refundable only in the event either the commission finds the applicant unacceptable or there is no available peddling location in the marketplace.
b. Application for twenty-four-hour certificates. Persons desiring twenty-four-hour certificates to operate as a marketplace street artist, marketplace street artisan, marketplace food peddler or a marketplace street peddler pursuant to this section shall file an application with the commission, therein stating or submitting the following:
1. The name and mailing address of the applicant.
2. A statement as to the dimension, construction and appearance of applicant’s stand or cart.
3. For marketplace street artisan applicants, a description of the art or craft items for which the applicant seeks certification.
4. For marketplace food peddler applicants, a description of the foods and/or drinks the applicant proposes to sell.
5. For marketplace street peddler applicants, a description of the merchandise the applicant proposes to sell.
6. For marketplace street artist applicants, a description of the art or craft items the applicant proposes to produce for immediate sale.
c. Marketplace merchants. A marketplace merchant may receive a certificate to transact business on the public right-of-way in an area and for a maximum number of days which shall be determined by the commission on or before June thirtieth of each year for the ensuing fiscal year commencing July first. The fee, method of application, and design requirement for stands or carts shall also be determined annually by the commission.
d. Booths or stands for noncommercial purposes. Persons wishing to set up a booth or stand for noncommercial purposes pursuant to this section shall file an application with the commission, therein stating or submitting the following:
1. The name and mailing address of the applicant.
2. A description of the activity the applicant proposes to undertake.
3. A declaration that the applicant or specified designee will be present at the proposed activity for the duration of the permit period and will have the certificate available for inspection at all times during the permit period.
The applicant need not obtain liability insurance, however, as required pursuant to Section 23-15(c)(5) and (6), provided the applicant agrees in writing to hold and save the city harmless for any and all liability arising out of the activity undertaken by the applicant.
(4) Approval of applications for annual, seasonal and weekly certificates. Upon receipt of any application filed pursuant to this section, the marketplace district administrator shall immediately forward said application to the commission. The commission shall either approve or disapprove of each application submitted not more than thirty (30) days subsequent to receipt by the administrator of the application in question.
(5) Issuance of annual, seasonal and weekly certificates. If the commission finds the application to be satisfactory, the administrator shall issue a certificate, duly signed, and shall show therein that the person named has been approved and is entitled to engage in the display and/or sale of the specific merchandise set forth in said certificate in accordance with the provisions of this section, provided the applicant shall:
a. Pay the appropriate certificate fee;
b. Submit a photograph of the applicant’s cart or stand, if not already filed, which photograph demonstrates the compliance by the cart or stand with any drawing earlier submitted;
c. Submit proof that applicant maintains liability insurance for bodily injury and property damage in the amount of at least one hundred thousand dollars ($100,000.00) for personal injury to or death of any one or more persons in any one accident, and for damages to property in the amount of at least twenty-five thousand dollars ($25,000.00) resulting from any one accident. Proof shall be in the form of a certificate from an insurance company authorized to do business in the state, which certificate shall contain the provision that such insurance shall be noncancellable except after ten (10) days’ notice to the commission, and which names the city as coinsured.
d. File with the administrator an executed copy of the document entitled "Terms and Conditions of Marketplace Peddling."
(6) Issuance of twenty-four-hour certificates. Upon receipt of a satisfactorily completed application, the requisite fee, and proof of insurance as required for annual certificates, the administrator shall forthwith issue the appropriate twenty-four-hour certificate, as long as space is available, as provided under this section or the regulations adopted now or hereafter by the commission, and provided further that the applicant is not in violation of any applicable provision of this Code. The administrator shall notify the commission of all actions on twenty-four-hour certificates at the next regular or special meeting of the commission next following such action(s). Any denial of a twenty-four-hour certificate may be appealed by the applicant to the commission, provided such appeal is in writing and filed with the commission within three (3) working days of the denial. The commission shall hear such appeal at its next regular or special meeting and shall render its decision within fifteen (15) days thereafter.
(d) Nonendorsement of commercial articles. On each commercial certificate the following words shall appear:
"The issuance of this certificate does not constitute an endorsement by the City of Burlington or the Church Street Marketplace District Commission of any article sold pursuant to the terms of this certificate."
(e) Transfer and display of certificate.
(1) Except as specified in subparagraph (2) below, no certificate issued under the provisions of this section shall be used or worn at any time by any person other than the one to whom it was issued or that person’s employee, as provided for under subsection (g) below. A certificate holder or his employee shall display the certificate at all times while that person is peddling or soliciting. Failure to do so shall be considered cause for revocation of such certificate. Such revocation shall not entitle the former certificate holder to any rebate on fees paid.
(2) All persons having valid current annual certificates shall be allowed by the commission to transfer such certificates to the new owner of the certificate holder’s business upon a valid sale of the business. The new owner shall be allowed by the commission to operate the business at the same location as the previous certificate holder and under the same terms and conditions of marketplace peddling as enjoyed by the previous certificate holder.
(f) Certificate period.
(1) Annual certificates. Marketplace street artist, marketplace street artisan; marketplace food peddler and marketplace street peddler certificates shall be valid for a period of one year from the first day of the quarter next following the date of successful examination, provided that all appropriate fees are paid. Nonpayment of fees shall be cause for revocation. Payment shall be made before the first day on which certificate holder places his/her cart on the marketplace.
(2) Seasonal certificates. Seasonal certificates shall be valid for increments of not less than one month beginning on the following dates: May 15, June 15, July 15, August 15.
(3) Weekly certificates. Weekly certificates shall be valid for a period of seven (7) days ending at 11:59 p.m. on the seventh day specified on such certificate.
(4) Twenty-four-hour certificates. Twenty-four-hour certificates shall be valid for a period of twenty-four (24) hours ending at midnight of the day specified on such certificate by the administrator.
(5) Conversion of certificate. At the time of the enactment of this amended ordinance, any person who is currently holding an annual marketplace peddler certificate may be allowed by the commission to convert it to a seasonal marketplace peddler certificate with an appropriate proration of fees.
(g) Employees. A certificate holder may utilize the services of three (3) employees who shall otherwise meet the requirements provided for in Section 23-7(b) of this Code. The fee for each employee shall be five dollars ($5.00) per three-month period.
(h) Fees.
(1) On or before June thirtieth of each year, the board of aldermen, upon the recommendation of the commission, will set fees for marketplace peddling and soliciting for the ensuing fiscal year commencing July first. The board of aldermen, upon recommendation of the commission may set different fees for each category of marketplace peddler.
(2) The commission may factor fees by zone.
(3) There shall be no proration of fees, unless otherwise provided for in this section or the rules and regulations now or hereafter promulgated by the commission.
(i) Commission-issued carts and commission-provided storage areas. Certificate holders may contract with the commission for use of commission-owned carts or storage space upon arrangements agreed to by the commission. Any fees charged shall be in addition to the certificate fee provided for herein.
(j) Peddling in the Wintergarden (the alley way at 60-64 Church Street extending from Church Street eastward to the municipal parking garage) and in the bus shelter at the northeast corner of Church and College Streets. The commission may contract with peddlers to use space in the Wintergarden and/or in the bus shelter upon arrangements and the payment of fees deemed suitable by the commission.
(k) Special festivals, exhibits, markets. The commission may contract with persons or organizations to use portions of the Marketplace for festivals, exhibits, markets or the like upon arrangements and the payment of fees deemed suitable by the commission.
(l) Certificate suspension or revocation. On advice of the administrator, the commission may suspend or revoke a certificate without providing any rebate of fees to the certificate holder if the certificate holder:
(1) Has exposed inventory stock at or near the stand or cart;
(2) Has a display stand or cart which differs from that submitted in the photograph to the commission;
(3) Has a display stand or cart whose dimensions substantially differ from those approved by the commission;
(4) Fails to keep the area surrounding the stand or cart clear of trash, debris, snow or ice for a distance of four (4) feet;
(5) Uses a motor vehicle in the district for the purpose of selling merchandise;
(6) Keeps animals of any kind near the stand or cart;
(7) Uses parking meters, utility poles, trees, or property other than the peddler or solicitor’s own stand or cart to advertise in any manner;
(8) Fails to remove the stand or cart at the end of every business day;
(9) Attempts to obtain the economic benefits from more than one location within the jurisdiction of the commission;
(10) Fails to operate from the site specified by either the commission or the administrator, as appropriate;
(11) Fails to display the certificate issued at all times while peddling or soliciting;
(12) Or in any other manner violates any provision of this section or violates any of the terms and conditions of the certificate issued.
Prior to suspending or revoking a certificate, the commission shall notify the certificate holder of the time, place, and nature of the hearing, shall specify the legal authority and jurisdiction under which the hearing is to be held, shall reference the particular section of the ordinance or regulations involved, shall set forth a short and plain statement of the matters at issue, and shall provide the certificate holder with an opportunity to respond to any charges and present evidence and argument on all issues involved. The provisions of 3 V.S.A. Chapter 25 pertaining to contested cases shall govern any hearings conducted hereunder.
(Ord. of 6-11-79; Ord. of 10-19-81; Ord. of 5-2-83; Ord. of 10-24-83; Ord. of 5-14-84; Ord. of 12-2-85; Ord. of 6-12-86; Ord. of 11-14-88; Ord. of 7-24-89)