Chapter 5.60
ITINERANT MERCHANTS
Sections:
5.60.020 Peddler/solicitor/master solicitor business license required.
5.60.030 License – Applicant investigation.
5.60.040 License, or facsimile copy, must be carried on person while peddling or soliciting.
5.60.050 Hours during which peddling is allowed.
5.60.060 Unlawful to peddle or solicit on posted premises.
5.60.090 Penalties and violations.
5.60.010 Definitions.
Terms used in this section shall have the following meanings:
(1) “Peddler” means any person who goes from house to house, or place to place, within the city of Marysville, selling and providing immediate delivery or performance, or offering for sale and immediate delivery or performance, any goods, wares, merchandise, food, beverages, services, or anything of value to persons who are not commercial users or sellers of such commodities or services.
(2) “Solicitor” means any person who goes from house to house or place to place within the city of Marysville, taking or offering to take orders for the sale of goods, wares, merchandise, food, beverages, services, or anything of value for future delivery or performance from persons not commercial users or sellers of such commodities.
(3) “Street vendor” (which includes a peddler and solicitor) means a person who sells goods or services from a place within the city to include but not be limited to display of goods or services on private property or on the public right-of-way.
(4) “Master solicitor” means any person or firm that employs or uses agents or employees to act as solicitors or peddlers.
(5) “Vending unit” means the display of goods or services through use of a kiosk, tent, controlled area, cart or vehicle capable of movement.
(6) The terms “peddler” or “solicitor” shall not include any person making solicitations for charitable or religious purposes or while exercising political free speech.
(7) The terms “peddler” or “solicitor” shall not include participants in an event sponsored by the city of Marysville in conjunction with a special event or festival. (Ord. 2856 § 1, 2011).
5.60.020 Peddler/solicitor/master solicitor business license required.
No person shall perform peddling, solicitation or street vendor activities within the city prior to obtaining a peddler/solicitor or master solicitor business license under Chapter 5.02 MMC, unless such activity is exempt as provided for in this chapter or Chapter 5.02 MMC. (Ord. 2856 § 1, 2011).
5.60.030 License – Applicant investigation.
Upon submission of an application, in addition to the provisions of Chapter 5.02 MMC, the applicant shall consent to an investigation by the city to determine:
(1) The existence of the employer or firm by confirming the state master business license or federal identification number.
(2) The name, address and identifying information of the person or entity making application to include the identifying information for all agents and employees.
(3) Whether the applicant or any solicitor agent listed on the application has a conviction for a felony within the 10 years preceding the license application and the felony directly relates to the qualification of the applicant to be a solicitor or peddler.
(4) A criminal history investigation, performed by the city police department, on the applicant and all agents and employees of the applicant.
(5) The truth of the facts set forth in the application. (Ord. 2856 § 1, 2011).
5.60.040 License, or facsimile copy, must be carried on person while peddling or soliciting.
(1) It shall be unlawful for any individual to peddle or solicit without having in their possession the license issued by the city.
(2) Each master solicitor licensee which employs, hires or engages others to act as peddlers or solicitors shall furnish as credentials to each employee, agent, independent contractor, or other person peddling or soliciting for or on behalf of such licensee a facsimile copy of its license, upon which shall appear the typed or printed name and address and the signature of the person to whom such facsimile copy is issued. Such facsimile copies will be issued by the city clerk or designee, who will maintain a listing of all persons to whom facsimile copies are issued by the city. Street vendors shall display their license so that it may be viewed by the public. Facsimile copies shall be nontransferable and shall at all times remain in the possession of the person to whom issued.
(3) The license shall be shown to all persons contacted, and to any police officer, deputy sheriff, license officer or code enforcement officer of the city upon the request of such officer. (Ord. 2856 § 1, 2011).
5.60.050 Hours during which peddling is allowed.
It is unlawful for any person to peddle or solicit, except during the following hours, without the specific prior consent of the prospective buyer:
October 1st through April 30th – Between 10:00 a.m. and 6:00 p.m. of any day.
May 1st through September 30th – Between 10:00 a.m. and 8:00 p.m. of any day. (Ord. 2856 § 1, 2011).
5.60.060 Unlawful to peddle or solicit on posted premises.
It is unlawful for any peddler or solicitor to ring the bell, or knock on the door, or otherwise attempt to contact an occupant for the purpose of peddling or soliciting any residence or dwelling at which a sign bearing the words “No Peddlers or Solicitors” (or words of similar import indicating that peddlers or solicitors are not wanted on said premises) is painted, affixed, or otherwise exposed to public view; provided, that this section shall not apply to any peddler or solicitor who rings the bell, knocks on the door, or otherwise attempts to contact an occupant of such residence or dwelling at the invitation or with the consent of the occupant thereof. (Ord. 2856 § 1, 2011).
5.60.070 Exemptions.
The following shall be exempt from the provisions of this chapter:
(1) Any instrumentality of the United States, state of Washington, or any political subdivision thereof, with respect to the exercise of governmental functions;
(2) Nonprofit organizations, including but not limited to public, religious, civil, charitable, benevolent, nonprofit, cultural or youth organizations;
(3) Farmers, gardeners, or other persons who deliver or peddle any agricultural, horticultural, or farm products which they have grown, harvested, or produced; provided, that this exemption does not apply to the sale of firewood;
(4) Any persons regularly selling or delivering door-to-door to established customers food products, laundry, dry-cleaning services, or baby diapers;
(5) Newspaper carriers who deliver door-to-door;
(6) Any person who is specifically requested to call upon others for the purpose of displaying goods, literature, or giving information about any article, service, or product;
(7) 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 to any governmental agency;
(8) Peddlers operating at any city-sponsored or authorized civic event for a time period not to exceed five consecutive days, so long as each peddler’s name, address and telephone number are submitted to the city, in advance of the civic event, to be maintained in the city records; and
(9) Vendors operating at a farmers’ or public market or other city-sponsored or approved activity under the provisions of a temporary use permit; provided, that the name, address and telephone number of each vendor are provided in advance to the city to be maintained in the city records. (Ord. 2856 § 1, 2011).
5.60.080 Street vendors.
Street vendors shall comply with the following:
(1) No obstruction of the movement of persons or vehicles in the public right-of-way (street, curb and sidewalk) shall be allowed.
(2) The location for the street vendor shall be limited to the location and area identified in the application and/or license. A license does not grant the right to continuously occupy a location in the city, with the city reserving the right to relocate the street vendor.
(3) The type and size of the vending unit shall be approved as part of the application or license.
(4) The street vendor shall provide a refuse container and maintain the vending site in a clean and orderly state.
(5) No mechanical audio or noise-making devices are allowed; provided, however, mobile carts or vehicles such as ice cream vendors may emit music to the extent the sound level is in compliance with Chapter 6.76 MMC relating to noise regulation.
(6) All advertising shall be placed on the vending unit with no additional advertising allowed in the public right-of-way. Maximum sign area shall not exceed 10 square feet. (Ord. 2856 § 1, 2011).
5.60.090 Penalties and violations.
Any person found in violation of any of the provisions of this chapter shall be guilty of a misdemeanor.
(1) Criminal Penalties. Any person who fails to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof be punished as provided in RCW 9A.20.021(3). The person may also be ordered to discontinue the unlawful act or correct the violation.
(2) Other Legal Remedies. Nothing in this chapter limits the right of the city to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter. (Ord. 2856 § 1, 2011).