Chapter 5.12
PEDDLERS AND TRANSIENT MERCHANTS
Sections:
5.12.030 License—Application—Contents—Fee.
5.12.040 Investigation of application—License to be issued.
5.12.060 Religious and charitable organizations—Exemptions—Permit issued when.
5.12.010 Definitions.
When used in this chapter, the following terms shall have the following meanings:
A. “Canvasser” includes any person, whether a resident of the city of Battle Ground or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders. Such definition includes any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, apartment, shop or other place within the city of Battle Ground, for the primary purpose of exhibiting samples and taking orders for future delivery; provided, that those persons soliciting orders for goods to be shipped interstate are not included.
B. “Hawker” includes every person, either as principal or agent, selling or offering for sale any goods, wares, merchandise, articles, things, or personal property of whatever name, nature, or description, by peddling the same from house to house, upon any street, highway, or public place, who shall make public outcry or give any musical or other public entertainment or make any public speech to draw customers or attract notice.
C. “Peddler” includes any person, whether a resident of the city of Battle Ground or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers.
D. “Transient merchant” includes any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the city of Battle Ground or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city of Battle Ground, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, apartment, shop, or any street, alley or other place within the city of Battle Ground, for exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing order for future delivery only. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
E. “Special event” shall mean an event that is temporary in nature and celebrates or recognizes a specific event.
F. “Farmers’ market” shall mean a temporary market where locally grown produce or food or locally produced products are sold during the local growing season on a periodic basis not to exceed two days in one week. (Ord. 17-03 § 1 (part), 2017: Ord. 05-013 § 5, 2005: Ord. 283 § 1, 1977; Ord. 67 § 2, 1961)
5.12.020 License—Required.
It is unlawful for any peddler, hawker, canvasser or transient merchant, as defined in BGMC 5.12.010, to engage in any such business within the city of Battle Ground without first obtaining a license therefor in compliance with the provisions of this chapter. Students participating in school, sports or club related fundraisers are exempt from this chapter.
This license requirement does not replace requirements for business licenses outlined in BGMC 5.03.030. (Ord. 17-03 § 1 (part), 2017: Ord. 12-19 § 2, 2012: Ord. 67 § 1, 1961)
5.12.030 License—Application—Contents—Fee.
A. Applicants for a license under this chapter must file with the city community development director a sworn application and information release statement in writing on a form to be furnished by the city treasurer/community development director which shall give the following information:
1. Name and physical description of the applicant;
2. Date of birth;
3. Social Security number;
4. Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made;
5. A brief description of the nature of the business and the goods to be sold;
6. If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship;
7. The length of time for which the right to do business is desired;
8. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time the application is filed, and the proposed method of delivery;
9. A recent photograph of the applicant which shall be provided in electronic format, and shall show the head and shoulders of the applicant in a clear and distinguishing manner;
10. The names of at least two property owners of Clark County, Washington, who will certify as to the applicant’s good character and business respectability, or, in lieu of the references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to evaluate properly such character and business responsibility;
11. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor;
12. The last cities or towns, not to exceed three, where the applicant carried on business immediately preceding the date of application and the addresses from which such business was conducted in those municipalities;
13. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant’s business or method or plan of doing such business as the city community development director or police chief may deem proper to fulfill the purpose of this chapter in the protection of the public good.
B. At the time of filing the application, a fee should be paid to the city of Battle Ground to cover the cost of investigation of the facts stated therein for each applicant. (Ord. 17-03 § 1 (part), 2017: Ord. 12-19 § 3, 2012: Ord. 05-013 § 6, 2005: Ord. 02-009 § 47, 2002: Ord. 568 § 5, 1986: Ord. 67 § 4, 1961)
5.12.040 Investigation of application—License to be issued.
A. The city community development director shall institute such investigation of the applicant for such length of time as he/she deems necessary and shall be entitled to the assistance of the chief of police; provided, that the period of investigation shall not exceed ten days from the date application is made for such license, unless the police chief has good cause to extend the same.
B. If the result of such investigation is satisfactory, a license shall be issued to the applicant which must be used only by the person to whom issued.
C. If the investigation reveals that the applicant’s character and business responsibility are unsatisfactory, the license shall be denied at the sole discretion of the community development director or designee in accordance with law. Automatic disqualifiers include but are not limited to conviction of a Class A felony, an attempt to commit a Class A felony, criminal solicitation of or criminal conspiracy to commit a Class A felony, a sex offense or a crime that includes sexual motivation, extortion in the first degree, drive-by shooting, vehicular assault, luring, all degrees of burglary, theft and fraud. An applicant that has a conviction for any crime that would otherwise disqualify them from obtaining a license may nonetheless obtain such license if the applicant possesses and provides proof of a certificate of restoration opportunity. A person may be permanently disqualified if state law does not allow for a certificate of restoration opportunity to be issued due to the crime committed as now or hereinafter provided for in state law. (Ord. 17-03 § 1 (part), 2017: Ord. 16-08 § 1, 2016: Ord. 05-013 § 7, 2005: Ord. 02-009 § 48, 2002: Ord. 568 § 6, 1986: Ord. 67 § 6, 1961)
5.12.050 License—Fees.
A. Licenses required to be obtained under BGMC 5.12.020 shall be issued for either a six-month or twelve-month period commencing as of the date of application filing and shall expire on the last date of either the sixth or twelfth month thereafter.
B. Fees for the license shall be established by resolution.
C. An individual background verification fee may be charged at a rate established by resolution, to be paid with each new sworn application submitted. The fee shall not be refunded even if the license is not granted.
D. Annual renewal fees for any license after the year of initial issuance shall be established by resolution. (Ord. 17-03 § 1 (part), 2017: Ord. 12-19 § 4, 2012: Ord. 05-013 § 8, 2005: Ord. 02-009 § 49, 2002: Ord. 568 § 7, 1986: Ord. 67 § 7, 1961)
5.12.060 Religious and charitable organizations—Exemptions—Permit issued when.
A. Any organization, society, association or corporation desiring to solicit, or to have solicited in its name, money, donations of money or property, or financial assistance of any kind, or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization upon the streets, in office or business buildings, by house to house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of BGMC 5.12.030 and 5.12.050, provided there is filed a sworn application in writing on a form to be furnished by the city community development director which shall give the following information:
1. Name and purpose of the cause for which the permit is sought;
2. Names and addresses of the officers and directors of the organization;
3. Period during which solicitation is to be carried on;
4. Whether or not any commission, fees, wages or emoluments are to be expended in connection with such solicitation and the amount thereof.
B. Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the community development director shall issue a permit without charge to such organization, association, or corporation to solicit in the city of Battle Ground. Such organization, association or corporation shall furnish all of its members, agents, or representatives conducting solicitation credentials in writing stating the name of the organization, the name of the agent and the purpose of solicitation. (Ord. 17-03 § 1 (part), 2017: Ord. 05-013 § 9, 2005: Ord. 02-009 § 50, 2002: Ord. 67 § 5, 1961)
5.12.070 Exemptions.
The terms of this chapter shall not apply to:
A. Persons selling personal property at wholesale to dealers in such articles;
B. Newsboys;
C. Merchants or their employees delivering goods in the regular course of business;
D. Persons conducting garage sales;
E. Any farmer, gardener or other person, without license, who sells, delivers or peddles any fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person; provided, that nothing in this subsection authorizes any person to sell, deliver or peddle without license any dairy product, meat, poultry, eel, fish, mollusk or shellfish;
F. Any sale required by statute or by order of any court or any person conducting a bona fide auction sale pursuant to law;
G. Any transient merchant, merchant or farmer who sells their goods, wares, merchandise and services within the city of Battle Ground during a special event or farmers’ market shall be exempt from the license and license fee requirement of this chapter; provided, that the sponsoring or responsible party holds a valid city business license and complies with all other requirements of the Battle Ground Municipal Code and the vendor is approved by the party to participate in the event.
H. This chapter shall not be construed to make legal any activity declared illegal in any other portion of this code. (Ord. 17-03 § 1 (part), 2017: Ord. 05-013 § 10, 2005: Ord. 99-014 § 1, 1999: Ord. 568 § 8, 1986: Ord. 249 § 2, 1975; Ord. 67 § 3, 1961)
5.12.080 Violation—Penalty.
Any person who violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding five thousand dollars, or by imprisonment in the city jail not to exceed one year, or by both such fine and imprisonment. (Ord. 17-03 § 1 (part), 2017: Ord. 568 § 10, 1986: Ord. 67 § 8, 1961)