Chapter 5.36
HAWKERS, PEDDLERS AND SOLICITORS
Sections:
5.36.070 Hawker, solicitor, canvasser and peddler locations.
5.36.080 Sound devices prohibited.
5.36.090 Suspension or revocation.
5.36.010 Definitions.
A. “Peddler” as used herein includes any person, whether a resident of Everett or not, traveling by foot, wagon, automotive vehicle 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, foods, including without limitation meats, fish, vegetables, and fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, sells or offers the same for sale, from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of the scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word “peddler” includes the word “hawker” and “huckster.” The term “peddler” shall not include any person selling farm products produced and/or manufactured by him as provided by RCW 36.71.090, or a person operating a food truck as defined by this section, and no license shall be required of such person.
B. A “canvasser” or “solicitor” is defined as any individual, whether a resident of Everett or not, traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether for compensation or without compensation, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided, that such definition shall include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery; provided, that anyone soliciting orders or transacting business with business establishments or retail or wholesale outlets for resale or retail sales by said outlets in the city shall be excluded from the definition herein set forth and the scope of this chapter.
C. A “food truck” is a business that, as its principal function, sells or otherwise dispenses prepared food and beverages to the general public from a licensed motor vehicle that is not permanently affixed to real property. The term excludes food delivery vehicles that move from place to place and are stationary for no more than thirty minutes at a time, such as ice cream trucks. (Ord. 3689-19 § 2, 2019: Ord. 295-74 Ch. 9 § 2, 1974)
5.36.020 License required.
It is unlawful for any person to engage in the business of peddler, solicitor or canvasser as defined herein within the corporate limits of the city without first obtaining a license and permit therefor as provided herein. (Ord. 295-74 Ch. 9 § 1, 1974)
5.36.025 No vending activity.
Notwithstanding any other city regulation, it is unlawful to sell, offer to sell, solicit, order, rent, lease or otherwise peddle or distribute any goods, including any food or beverage or services of any kind, on public rights-of-way within the area bounded by the north right-of-way line of California Street, the south right-of-way line of Pacific Avenue, the west right-of-way line of Rockefeller Avenue and the east right-of-way line of McDougal Avenue extended from Pacific Avenue to California Street (as depicted on Exhibit A to the ordinance codified in this section, which is on file with the city clerk’s office), unless:
A. The activity exercises a civil liberty or constitutional right; or
B. The activity implements a right or privilege granted by state law or a license authorized by city ordinance (e.g., Chapter 5.68, For-Hire Vehicles); or
C. The activity occurs under a city-issued permit for a civic event such as a permit issued by the city for a parade.
A violation of this section shall constitute a misdemeanor. (Ord. 2723-03 § 1, 2003)
5.36.030 Requirements.
In addition to the general requirements, there is the additional requirement that the applicant(s) or manager(s) or owner(s) of the applicant has not been convicted of a crime of moral turpitude or intent to defraud within ten years from the date of application, and furthermore, has not within ten years from the date of application been released from a penal institution or from active supervision on parole as a result of the conviction of any of the aforementioned crimes. (Ord. 295-74 Ch. 9 § 3, 1974)
5.36.040 License application.
In addition to the information required to be provided pursuant to the general requirements for all licenses, applicants shall furnish the city clerk the following information:
A. A brief description of the nature of the business and the goods to be sold and in case of products of farm or orchard, whether produced or grown by applicant;
B. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
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 license number or other means of identification. (Ord. 295-74 Ch. 9 § 4, 1974)
5.36.050 License fee.
A. The fee for all persons licensed herein shall be twenty-five dollars per year.
B. The fee for a hawker, peddler or huckster on a public street or a public place shall be five dollars per day. (Ord. 1014-84 § 2, 1984; Ord. 295-74 Ch. 9 § 5, 1974)
5.36.060 Exemptions.
This chapter shall not apply and the word “person” shall not be interpreted to define any nonprofit, non-stock corporation or charitable or religious corporation who would otherwise fall within the definition of “peddler,” as hereinafter set forth, and who conducts such peddling or who distributes goods, wares or merchandise through the exclusive use of local members of their respective organizations, whose members conducting such peddling or distribution are local residents or reside within the corporate limits of the city. (Ord. 295-74 Ch. 9 § 6, 1974)
5.36.070 Hawker, solicitor, canvasser and peddler locations.
No peddler, hawker, canvasser or solicitor shall have any exclusive right to any location in the public rights-of-way, nor shall any be permitted a stationary location except on special permit, nor shall he/she be permitted to operate in any congested area where his/her operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Provided, however, notwithstanding any language within this chapter, no peddler, hawker, canvasser or solicitor shall be permitted within the area bounded by the north right-of-way line of California Street, the south right-of-way line of Pacific Avenue, the west right-of-way line of Rockefeller Avenue and the east right-of-way line of McDougal Avenue extended from Pacific Avenue to California Street. (Ord. 2723-03 § 3, 2003: Ord. 295-74 Ch. 9 § 7, 1974)
5.36.080 Sound devices prohibited.
Except as authorized by Chapter 20.08, Noise Control, no peddler, nor any person on his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of said city or upon any private premises in said city where sound of sufficient volume is emitted or 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. 3689-19 § 3, 2019: Ord. 295-74 Ch. 9 § 8, 1974)
5.36.090 Suspension or revocation.
In addition to the grounds specified in the general licensing provisions, the city clerk may revoke or suspend licenses specified herein on the following grounds:
A. Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler;
B. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (Ord. 295-74 Ch. 9 § 9, 1974)