Chapter 5.36
TEMPORARY MERCHANTS, PEDDLERS AND CHARITABLE SOLICITATIONS
Sections:
5.36.010 Statutory authorization.
5.36.030 Application – Requirements.
5.36.040 Application – Rejection.
5.36.050 Application – Rejection appeal.
5.36.060 Mobile vending unit – Requirements.
5.36.070 Mobile vending unit – Insurance.
5.36.080 License fees – Terms.
5.36.090 Additional licenses – Required when.
5.36.100 Rules and regulation adoption.
5.36.010 Statutory authorization.
The city is exercising its power to license for regulation. (Ord. 552 § 1, 1988)
5.36.020 Definitions.
For purposes of this chapter, the following words and terms shall have the meanings set out in this section:
A. “Charitable” means religious, educational, scientific or other nonprofit organizations, or corporations, which are functioning in a nonprofit, tax exempt status.
B. “Mobile vending units” means the vending of edible food or merchandise from a mobile unit on any public street or any private property. Exempt from the meaning of this definition shall be those mobile units used specifically for delivering food pursuant to orders taken at an established place of business within or without the city. A mobile vending unit must have any applicable licenses or permits and meet all applicable health standards.
C. “Peddler” means any person who sells tangible or intangible commodities from house to house, store to store, or on the streets, or in any public place, whose sales are not made from one established spot, and he makes delivery at the time of sale. A person selling newspapers shall be exempt from this definition.
D. “Solicitation” means any one or more of the following activities:
1. Seeking to obtain orders for the purchase of goods, wares, merchandise, food or services of any kind, character or description whatever for any kind of consideration whatever; or
2. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication by going door to door; or
3. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. (Ord. 552 §§ 2 – 6, 1988)
5.36.030 Application – Requirements.
Applications for temporary merchant, peddler, mobile vending units and solicitor shall be made to the city clerk. The application shall contain the following information:
A. Name under which the business is to be conducted;
B. Name of applicant;
C. Present residence;
D. Address of business to be conducted;
E. Nature or description of business;
F. Number of vehicles used;
G. Residence of the applicant during the past five years;
H. Has the applicant ever been denied a license to conduct the business herein described? If so, state jurisdiction denying license;
I. Has the applicant ever been convicted of a felony? If so, state the date of conviction, a description of the crime, the jurisdiction in which the crime was committed. (Ord. 552 § 7, 1988)
5.36.040 Application – Rejection.
The city clerk shall reject any application for the following reasons:
A. Failure to complete all information requested for a license;
B. Failure to pay any fees required for a license;
C. Conviction of any felony;
D. Conviction of a felony by any of the applicants, agents, employees, representatives, commissioned salesmen or such persons representing the applicant. (Ord. 552 § 8, 1988)
5.36.050 Application – Rejection appeal.
This section shall apply to all appeals from any action by any city officer or employee revoking or denying a license. Appeals may also be taken from decisions suspending a license. Such appeal may be taken by filing a written notice or letter with the city council briefly describing the decision being appealed. The person taking the appeal must file the note, notice, or letter within three days of the date of being notified of the decision from which the appeal is taken. The city council’s decision shall be final. If any person wishes a record of the action of the city council on the appeal, the appellant must provide a means for recording the appeal before the city council. (Ord. 552 § 9, 1988)
5.36.060 Mobile vending unit – Requirements.
Mobile vending units must be parked at least 100 feet from an existing and stationary business if parked in the right-of-way or the mobile vending unit operator or owner has permission to be on private property. A mobile vending unit shall not park in any other than a public parking spot, if in a public right-of-way, and must abide by all rules, regulations and laws pertaining to motorized traffic. (Ord. 552 § 10, 1988)
5.36.070 Mobile vending unit – Insurance.
No license shall be issued to an ice cream vendor or other mobile vending unit selling from a truck, unless a certificate is furnished to the city showing that the vendor is carrying the following minimum amounts of insurance: public liability insurance in an amount of not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident; property damage insurance in an amount of not less than $25,000 for damages on account of any one accident or occurrence. (Ord. 552 § 11, 1988)
5.36.080 License fees – Terms.
A. Temporary Merchants. The fee for a temporary merchants license shall be $5.00. This license shall not exceed 30 days in duration. This license will be issued only twice in a 12-month period.
B. Peddlers. The fee for a peddler’s license shall be $5.00 per month, per peddler, not prorated for any part of a license month.
C. Mobile Vending Unit. The license fee for mobile unit vendor shall be $60.00 per year, not prorated for the 12-month period.
D. Charitable Solicitations. The license fee for charitable solicitations shall be waived for each 30-day period. No permit shall be granted within 30 days of the previous permit. The organization sponsoring the solicitation shall secure the license. A list showing the number of solicitors and locations will be provided by the city clerk. Each solicitor shall carry proper credentials identifying him/herself and the sponsoring organization. (Ord. 552 § 12, 1988)
5.36.090 Additional licenses – Required when.
The issuance of a license as provided for in this chapter shall not relieve the applicant from securing any other license(s) required by state, federal or city law. (Ord. 552 § 14, 1988)
5.36.100 Rules and regulation adoption.
The city clerk is authorized to adopt and enforce reasonable rules and terms to carry out the general purpose of this chapter. (Ord. 552 § 15, 1988)
5.36.110 License inspection.
Any person engaging in the business of peddling, temporary merchant, mobile vending units, or solicitation, as defined in this chapter, shall on demand forthwith produce the same for inspection by a police officer, code enforcement officer, or a citizen of the city. (Ord. 552 § 16, 1988)
5.36.120 Violation – Penalty.
Violations of this chapter shall be treated as infractions, unless there are more than two violations of this code by the same person. Procedure for an infraction shall be as follows:
A. Infraction procedure, including issuance of notice and citations, shall be carried on by any city officer or employee authorized to do so by the mayor.
B. Before issuing a citation for an infraction, the city officer or employee responsible for the enforcement involved shall issue a warning notice describing the alleged offense, the location, the ordinance or code section involved, and a statement of what must be done to correct the violation. The notice shall state the date by which such correction must be completed. Such date shall be five calendar days from the date of the notice; provided, that a shorter time shall be specified if there is substantially immediate danger to persons or property, and a longer time than five days shall be stated, if there would be practical physical difficulties in completing the correction within five days, and there is no emergency.
C. Failure to issue a warning notice as described in subsection B of this section shall not affect the validity of any prosecution for an infraction.
D. If the condition has not been corrected within a time specified in the warning notice, the city officer or employee dealing with the matter shall issue a citation for the infraction. The citation shall state a date and time for a court appearance, and shall state that the person accused may avoid the court hearing by paying, before the time of the hearing, the sum of $50.00 in lieu of a fine set by the court.
E. Any person, firm or corporation found guilty of a violation of the terms of this chapter shall be fined not less than $25.00 nor more than $50.00 for the first offense. Any person, firm or corporation found guilty of a second violation occurring after the first conviction, but within one year of the first conviction, shall be fined not less than $50.00 nor more than $100.00.
F. Any third violation following two convictions occurring within one year of the second conviction shall be a misdemeanor enforceable by a fine of not to exceed $500.00 or imprisonment for not more than 90 days.
G. It is the intent of this chapter that cases will be started by citations rather than by arrests. This shall not prevent the court from issuing a warrant for a failure to appear at a required court hearing. This shall not prevent an arrest pursuant to a warrant issued for any lawful reason. Arrests shall be made by members of the police department. (Ord. 552 § 17, 1988)