Chapter 5.08
TRANSIENT MERCHANT REGISTRATION
Sections:
5.08.015 City business license.
5.08.030 Appointment and authority of city manager as agent.
5.08.040 Application for a transient merchant registration.
5.08.045 Investigation of applicants.
5.08.050 Transient merchant registration fee.
5.08.053 Term of registration.
5.08.060 Transient merchant registration denial.
5.08.070 Possession of a transient merchant registration required at all times.
5.08.075 Orders and rescission right.
5.08.085 Trespassing prohibited.
5.08.090 Remaining on private property uninvited declared nuisance.
5.08.100 Penalty for violations.
5.08.010 Definitions.
For the purposes of this chapter, the following terms are defined as follows:
“Canvasser” is a person who seeks contributions, donations, opinions, preferences or other information for commercial purposes.
“Peddler” is any person who goes from place to place within the city limits, whether on private or public property, to:
(1) Sell, attempt to sell, or solicit the sale of services; and/or
(2) Sell, attempt to sell, or solicit the sale of goods, wares or merchandise, including sales by sample or for future delivery.
“Street seller” is a person who shall sell, attempt to sell, or solicit the sale or purchase of goods, wares or merchandise, or services, from a location on any street, alley, sidewalk or other public thoroughfare, whether for present or future delivery or performance.
“Transient merchant” is any person, firm or corporation who shall engage in, do or transact any temporary business at wholesale or retail for the sale of goods, wares or merchandise, or services and who for such purpose shall have, use or occupy any building, vehicle, booth or other structure, either temporary or permanent, for the exhibition and/or sale of such property or services. (Ord. 1476 § 1, 2009; Ord. 1123 § 1, 1996; Ord. 350 § 1, 1958).
5.08.015 City business license.
A city business license is required as provided in Chapter 5.04 FMC before approval of a transient merchant registration. (Ord. 1476 § 2, 2009).
5.08.020 Surety bonds.
It shall be unlawful for any person to act as a transient merchant, peddler, street seller, or canvasser within the meaning and application of this chapter unless that person or his/her employer shall have first secured a transient merchant registration in the manner provided in this chapter:
(a) Every applicant shall file with the city manager or designee a bond in the amount of $1,000 executed by the applicant as principal and a surety company authorized to do business in the state of Washington, running in favor of the city, conditioned that any person who may suffer any loss or damage by reason of any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation or canvass shall have the right to institute an action for recovery against the licensee and the surety upon such bond.
(b) The bond shall further require that the principal shall fully comply with all provisions of state law and city ordinances regulating the business of transient merchant, peddler, street seller, or canvasser or business in general, and that all moneys paid as a down payment or donated will be accounted for and applied according to the representation of the transient merchant, peddler, street seller, or canvasser and further that the property ordered or sold will be delivered or the services will be performed according to the undertaking of transient merchant, peddler, street seller, or canvasser.
(c) Any person injured by the licensee’s/principal’s failure to account for moneys received, deliver the goods ordered or sold, or perform the services promised shall have in his or her own name a right of action on such bond against both the principal and surety.
(d) The bond shall be retained by the city manager or designee for a period of 120 days after the expiration of any such transient merchant registration. (Ord. 1476 § 3, 2009; Ord. 1123 § 2, 1996; Ord. 855 § 2, 1987; Ord. 350 § 3, 1958).
5.08.030 Appointment and authority of city manager as agent.
Applicant shall file with the city manager an instrument in writing nominating and appointing the city manager as his or her true and lawful agent, with full power and authority to acknowledge service of notice of process for and on behalf of said applicant, and service of summons on any action brought upon said bond shall be deemed made when served upon the city manager. (Ord. 1123 § 3, 1996; Ord. 350 § 3-1, 1958).
5.08.040 Application for a transient merchant registration.
All applications for a transient merchant registration shall be made on forms to be provided by the city, in writing, filed with the city manager or designee at least 14 days before beginning said business solicitation. Any false statements made by an applicant in the application shall be deemed a violation of this chapter. (Ord. 1476 § 4, 2009; Ord. 1123 § 4, 1996; Ord. 855 § 3, 1987; Ord. 350 § 4, 1958).
5.08.045 Investigation of applicants.
All applications for a transient merchant registration shall be forwarded to the police chief for investigation which is to be completed within a reasonable time to determine the following:
(a) The genuineness of all credentials presented by the applicant;
(b) If the applicant has a criminal record;
(c) If the applicant proposes to engage in a lawful and legitimate commercial or professional enterprise. (Ord. 1476 § 5, 2009; Ord. 1123 § 5, 1996).
5.08.050 Transient merchant registration fee.
Unless, in the discretion of the city manager, good reason appears in the application for rejecting the same, the city manager shall cause a transient merchant registration to be issued upon receipt of the appropriate fee according to the following schedule:
Transient merchant registration $70.00
(Ord. 1476 § 6, 2009; Ord. 1123 § 6, 1996; Ord. 1090 § 1, 1994; Ord. 855 § 4, 1987; Ord. 350 § 5, 1958).
5.08.053 Term of registration.
A transient merchant registration is effective upon approval by the city manager and will expire one year from the date of approval unless revoked sooner by the city manager as provided for in this chapter. (Ord. 1476 § 7, 2009).
5.08.055 Hours.
It is unlawful for any person to peddle or solicit before the hour of 9:00 a.m. of any day, or after the hour of 7:00 p.m. of any day, without the specific prior consent of the prospective buyer. (Ord. 1123 § 7, 1996).
5.08.060 Transient merchant registration denial.
In the event the city manager refuses to issue a transient merchant registration, the reasons for such action shall be set forth upon the application form, the applicant shall be notified in writing and the applicant may then apply to the city council at any regularly called meeting for a review of such action, and may present such evidence as may be pertinent. The action of the city council upon such application shall be final. (Ord. 1476 § 8, 2009; Ord. 1123 § 8, 1996; Ord. 350 § 6, 1958).
5.08.070 Possession of a transient merchant registration required at all times.
Every transient merchant, peddler, street seller, or canvasser shall have in his or her possession at all times, while conducting business as such, the transient merchant registration issued to him or her as provided. The registration shall be exhibited by such transient merchant, peddler, street seller, or canvasser whenever requested to do so by a police officer, city official, or any persons solicited or canvassed. Possession of a transient merchant registration will not be used or represented as an endorsement by the city of solicitations thereunder. (Ord. 1476 § 9, 2009; Ord. 1123 § 9, 1996; Ord. 855 § 5, 1987; Ord. 350 § 7, 1958).
5.08.075 Orders and rescission right.
All orders or donations taken by licensed transient merchants, peddlers, street sellers or canvassers shall be written in duplicate, with one copy to be given to the purchaser or contributor. The order or donation shall contain the name and address of the transient merchant, peddler, street seller or canvasser, and, in the case of an order, its complete terms, the amount of any prepayment, and a statement of the purchaser’s right of rescission pursuant to state law. (Ord. 1123 § 10, 1996).
5.08.080 Exemptions.
All exempt persons shall provide proof of their exempt status. All exempt persons going from place to place or from house to house shall notify the police chief at least 48 hours before beginning said activity within the city. The licensing and bonding requirements applicable to transient merchant, peddler, street seller, or canvasser shall not apply to the following:
(a) Vendors of newspapers;
(b) Nonprofit organizations; provided, that the solicitation is for noncommercial purposes and is managed and conducted solely by officers and members of the nonprofit organization who are unpaid for such services and provided a certificate of tax exempt status under 26 U.S.C. Section 501(c)(3), or certified incorporation papers showing that the organization is nonprofit, is submitted as proof of charitable or nonprofit status;
(c) The selling or delivery of any product or service within any residence of the city where prospective sellers are invited by prearrangement;
(d) Bona fide candidates, campaign workers and political committees campaigning on behalf of candidates or on ballot issues and persons soliciting signatures of registered voters on petitions to be submitted;
(e) Vendors at a city-sponsored event, such as Fircrest Fun Days. (Ord. 1476 § 10, 2009; Ord. 1123 § 11, 1996; Ord. 855 § 6, 1987; Ord. 350 § 2, 1958).
5.08.085 Trespassing prohibited.
No transient merchant, peddler, street seller, or canvasser shall trespass, go upon or enter the property or premises of another where the owner or occupant has indicated his or her desire by prominently displaying signs which state “No Trespassing”, “No Peddlers”, “No Soliciting” or the like. Any person failing to comply with this section shall be in violation of this chapter and shall also be subject to criminal prosecution under RCW 9A.52.080. (Ord. 1123 § 12, 1996).
5.08.090 Remaining on private property uninvited declared nuisance.
This chapter is not intended to, and does not, authorize any transient merchant, peddler, street seller, or canvasser or any other person to remain upon private property after having been requested to leave by the owner or occupant thereof. Any transient merchant, peddler, street seller, or canvasser, or any other person who so remains on private property after being requested to leave by the owner or occupant thereof shall be guilty of a misdemeanor, punishable as a violation of this chapter. (Ord. 1476 § 11, 2009; Ord. 1123 § 13, 1996; Ord. 855 § 7, 1987; Ord. 350 § 8, 1958).
5.08.100 Penalty for violations.
Violation of any of the terms of this chapter constitutes a misdemeanor, and any person found guilty and convicted of any such violation may be punished by a fine not to exceed $1,000 for each offense. Conviction of any such violation shall automatically revoke any registration issued, and no person whose registration has been so revoked shall be entitled to a return of any portion of the license fee previously paid. (Ord. 1476 § 12, 2009; Ord. 987 § 2, 1991; Ord. 834 § 2, 1986; Ord. 350 § 9, 1958).
5.08.110 Severability.
If any section or portion of this chapter is found and held to be invalid, the remaining sections and portions shall not be affected thereby, but shall remain in full force and effect. (Ord. 350 § 10, 1958).