Chapter 5.16
CATERERS, ITINERANT MERCHANTS, MOBILE VENDORS AND SOLICITORS
Sections:
5.16.030 License – Required – Chapter provisions not exclusive.
5.16.040 License – Possession and display for inspection.
5.16.050 License – Application – Information required.
5.16.060 License – Issuance conditions – Appeal from denial.
5.16.065 Mandatory notification.
5.16.070 License – Fee schedule.
5.16.080 License – Transferability.
5.16.090 License – Suspension or revocation conditions – Appeal procedure.
5.16.100 Enforcement – Police officer authority.
5.16.010 Definitions.
Within the meaning of this chapter:
(1) “Caterer” or “mobile vendor” means any person who, while selling or offering for sale any goods, wares, merchandise or confectioneries, whether or not they are precooked or prepackaged, stands or is otherwise present on any street or public way, or in any other place not used by such person as a permanent place of business, whether or not that place is private property.
(2) “Charitable solicitor” means any person who makes any oral or written request for a contribution within the solicitor’s offer or attempt to sell any property, rights, service or other thing in connection with any appeals made for any charitable purpose, or if the name of any charitable organization is used in inducement for consummating the sale, or any statement made which implies that the whole or any part of the proceeds from the sale will be applied toward any charitable purpose or donated to any charitable organization. “Charitable organization” means any benevolent, philanthropic, patriotic, eleemosynary, educational, social, recreational, fraternal or any other person having or purporting to have charitable nature, and for which solicitors collect contributions for any charitable purpose. “Charitable” shall have its common law meaning unless the context in which it is used clearly requires a narrower or broader meaning.
(3) “Commercial solicitor” means any person who offers for or exposes for sale, or who trades, deals or traffics in any services, or sells any goods, wares, merchandise, subscriptions or personal property of any nature for immediate or future delivery, whether or not he is collecting advance payments on such sales or not, by going from house to house or from place to place, or by indiscriminately approaching individuals.
(4) “Itinerant merchant” means any person who, while selling or offering for sale any goods, wares, merchandise or anything of value, stands or is otherwise present in any unenclosed vacant lot, parcel of land, or in any other place not used by such person as a permanent place of business, with the exception of a person selling or offering for sale, in a manner consistent with applicable zoning ordinances and regulations, but not as a regular business, any goods, wares, or anything of value on the property constituting that person’s private residence.
(5) “Flea market” means and includes any person, firm, corporation, or company leasing or subleasing four or more booths, spaces, stalls or tables for the purpose of placing before the public for sale on a temporary basis used goods, new goods, wares or merchandise with the exception of secondhand items subject to the regulation of secondhand dealers. [Ord. 1042 § 1, 1988; Ord. 928 § 1, 1982.]
5.16.020 Exceptions.
This chapter shall not apply to:
(1) A farmer or gardener vending his own unprocessed farm products raised or grown exclusively upon lands owned or tenanted by him;
(2) A dairy farmer vending milk, cream, eggs or the dairy products produced on lands owned or tenanted by him;
(3) Vendors of printed materials, the chief aim of which is the dissemination of current news, as distinguished from magazines or fictional writings;
(4) City-wide central business district outdoor promotional sales which do not impede the free flow of traffic, create a hazardous situation or interfere with the conduct of private businesses in the neighborhood;
(5) The selling of personal property at wholesale to dealers in such articles or commodities;
(6) Private garage sales of an infrequent nature upon residential property owned or tenanted by that person conducting such sale, limited to two such sales annually for each particular parcel of property;
(7) The city council may, on a case-by-case basis, exempt nonprofitable, charitable and fraternal organizations which are exempt from taxation under Section 501(c)(3) of Internal Revenue Code or other similar section, from the payment of license fees as set out in CMC 5.16.070. [Ord. 1042 § 2, 1988; Ord. 928 § 2, 1982.]
5.16.030 License – Required – Chapter provisions not exclusive.
It is unlawful for any commercial solicitor, itinerant merchant, caterer or mobile vendor, charitable solicitor, or flea market operator or sponsor, as defined in CMC 5.16.010 to engage in such business within the corporate limits of the city without first having obtained a license in compliance with this chapter; provided, however, that this chapter is an addition to the general business license required by Chapter 5.02 CMC. [Ord. 1042 § 3, 1988; Ord. 928 § 3, 1982.]
5.16.040 License – Possession and display for inspection.
The license should be in possession of any commercial solicitor, itinerant merchant, caterer or mobile vendor or charitable solicitor at any time in which he is engaged in business activities defined in CMC 5.16.010. Further, he shall produce and exhibit such license at any time he is requested to do so by any person with whom he is engaging in business and business activity, or by any police officer of the city. [Ord. 928 § 3, 1982.]
5.16.050 License – Application – Information required.
(1) Commercial Solicitor’s License. The application form shall contain and the applicant shall furnish the following information:
(a) Name of the applicant;
(b) Permanent home address and telephone number and full local address and telephone number of the applicant;
(c) Date of birth, Social Security number and driver’s license number;
(d) Brief description of the nature of the business and the goods to be sold;
(e) If not self-employed, the name and address of the employer;
(f) A statement whether or not the applicant was ever convicted of any crime of any nature whatsoever;
(g) Business certificate from the Tax Commission of the State of Washington, or proof of application for such certificate;
(h) Whenever applicable, a copy of the applicant’s food-handler’s permit issued by the Asotin County health department;
(i) Such credentials and other evidence of the applicant as the city clerk may require for investigative purposes to determine the business and personal character of the applicant.
(2) Itinerant Merchant License. The application shall contain and the applicant shall furnish the following information: The application form shall be identical to application for commercial solicitors, except that itinerant merchants shall in addition furnish the address or addresses of the place or places where business is to be conducted.
(3) Caterers and Mobile Vendors. The application shall be the same as the above; providing, however, that applicant shall also provide a list and schedule of the place or places or areas at which the applicant intends to conduct such business activities.
(4) Charitable Solicitor’s License. The applicant shall furnish a copy of the registration of a charitable organization as required by RCW 19.09.065. The applicant shall further furnish proof of compliance with Chapter 19.09 RCW.
(5) Flea Market.
(a) Master License. Every operator or sponsor of a flea market shall, as part of the application, furnish a plan showing the location of any outdoor facilities and/or activities, availability of adequate parking, proper ingress and egress, signage, location of display areas, restroom facilities and listing hours of operation. The license may be denied until these criteria are satisfactorily complied with. In addition to this information, information acquired in the itinerant merchant license shall also be furnished.
(b) Flea Market Participant’s License. Each participant in a flea market, who is not a sponsor or operator, shall furnish the same information as required in the itinerant merchant’s license. [Ord. 1122 § 1, 1991; Ord. 1042 § 4, 1988; Ord. 928 § 4, 1982.]
5.16.060 License – Issuance conditions – Appeal from denial.
Each such application for license shall be posted in the office of the city clerk, at the City Hall, at least 10 days prior to the issuance of a license, during which time any resident or official of the city may file written objections to the issuance of the license, stating his or her objections. If no objection is made within the specified 10-day posting period and all investigation by the city clerk is satisfactorily completed, the city clerk shall issue the license as applied for.
In the event objection is made or investigation by the city clerk indicates the applicant to be unsatisfactory, the matter shall be placed before the city council at its next regular meeting following expiration of the 10-day period and a public hearing shall be had thereon. If the council finds that the issuance of said license would be detrimental, or against the public health, welfare or safety, or that the application is fraudulent or misrepresented, the council may, at its discretion, deny issuance of license to the applicant. Appeal from any order denying the issuance of a license may be taken to the superior court of Asotin County, state of Washington, within 30 days of such denial. [Ord. 928 § 5, 1982.]
5.16.065 Mandatory notification.
Every business operating under the authority of this chapter shall conspicuously display at the point of sale a notice stating in clear and unambiguous language the following information:
(1) The name of the business;
(2) The permanent address of the business;
(3) The business telephone number.
Such notice shall not be smaller than eight and one-half inches by 11 inches with block (no script) font of not less than 20 points in size. [Ord. 1455 § 1, 2009.]
5.16.070 License – Fee schedule.
(1) Commercial Solicitor. Upon approval of the application provided in this chapter, each commercial solicitor shall pay an annual license fee of $100.00 to obtain a master solicitor’s license, which license will authorize one specified person to act as a solicitor for and on behalf of the person, business, firm, association, partnership or corporation. After first obtaining a master solicitor’s license, said person, business, firm, association, partnership or corporation may, upon payment of an additional license fee of $10.00, obtain additional journeyman solicitor’s licenses for individuals selling goods for said business.
(2) Itinerant Merchant. Upon approval of the application provided in this chapter, each itinerant merchant shall pay an annual license fee of $100.00. Such license shall apply to the business and authorize the conduct of such business sales only at one temporary location. New applications shall be made for any change of location.
(3) Caterer, Mobile Vendor, or Portable Confectionery. Upon approval of the application provided in this chapter, each caterer, mobile vendor or portable confectionery shall pay an annual license fee of $100.00, which shall authorize the conduct of said business herein defined at such locations as listed in the approved application.
(4) Charitable Solicitor. Upon approval of the application as provided for in this chapter, a no-charge license shall be issued to charitable solicitors, in accordance with Chapter 19.09 RCW.
(5) Flea Markets.
(a) Flea Market Operator or Participants. Upon approval of the application provided in this chapter, said flea market operator or sponsor shall pay an annual license fee of $100.00 which shall authorize the conduct of said business herein defined, at such locations listed in the approved application.
(b) Flea Market Participant’s License. That upon approval of the application and payment of a fee of $2.00, a license good for a period of 10 days shall be issued to the applicant. [Ord. 1042 § 5, 1988; Ord. 928 § 6(A) – (D), 1982.]
5.16.080 License – Transferability.
No license issued under provisions of this chapter shall be transferable, and no person, firm or corporation within the city shall aid an applicant either directly or indirectly, or lend the use of its name, nor permit the use of its business registration certificate, registration number or account number by any applicant. [Ord. 928 § 6(E), 1982.]
5.16.090 License – Suspension or revocation conditions – Appeal procedure.
(1) Licenses issued under the provision of this chapter may be revoked for cause, and revocation proceedings shall be initiated by written and verified complaint by any resident of the city, specifying in said complaint the cause or causes upon which he/she seeks the revocation. In the event said verified complaint states that:
(a) The licensee is violating the health, welfare or safety of the residents of the city;
(b) The merchandise sought to be sold or demonstrated, or in fact sold, is misbranded, or is or has been misrepresented;
(c) Fraud or misrepresentation is contained in the application for the license;
(d) Fraud, misrepresentation, or false or misleading statements were made in the course of conducting the licensed sale or solicitation;
(e) The licensee was convicted, since the issuance of the license, of any crime involving moral turpitude;
(f) The licensee is in violation of the terms of this chapter; then the city clerk shall suspend the license pending the next meeting of the city council, and the city clerk shall forthwith notify the chief of police of such suspension.
(2) Operations of the licensee while the license is suspended shall be deemed a violation of this chapter. At the next meeting of the city council succeeding such suspension, the council shall proceed to hear the complaint. The complainant must appear in person, and if the council finds from the evidence that the license should be revoked for any of the causes set forth herein, then the license may be revoked by resolution of the council; or the council may order the license reinstated for the term thereof. Appeal from any order denying or granting a revocation of any permit may be taken to the superior court of Asotin County, state of Washington, within 30 days after such revocation or refusal to revoke. [Ord. 928 § 7, 1982.]
5.16.100 Enforcement – Police officer authority.
It shall be the duty of any police officer of the city requiring any person soliciting to be duly licensed as a commercial solicitor, charitable solicitor, itinerant merchant, caterer, or mobile vendor. The officer shall have the authority to require the individual to produce his license for inspection. [Ord. 928 § 8, 1982.]
5.16.110 Appeals.
Appeals, if any, shall be given in writing within 30 days after the notice of the action complained of has been received. [Ord. 928 § 9, 1982.]
5.16.120 Violation – Penalty.
Any person, firm or corporation violating any of the terms and conditions, sections or subsections of this chapter shall be guilty of a misdemeanor, the penalty for which misdemeanor shall be a fine of not more than $500.00 and/or incarceration of not more than 90 days. Every day upon which such violation shall occur, or upon which such violation shall continue, shall constitute a separate offense. [Ord. 928 § 10, 1982.]