Chapter 5.05
NOMADIC VENDORS
Sections:
5.05.050 Standard for approval of license.
5.05.060 Fees—Expiration of license—Renewal.
5.05.070 Exhibition of license—Transfer.
5.05.090 Nomadic vendor standards.
5.05.110 Revocation of License.
5.05.010 Definitions.
In construing the provisions of this chapter, except when otherwise declared, apparent, or clearly appearing from the context of the passage or section, the following definitions shall be applied:
“City” means the city of Prosser, Washington.
“Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption including, but not limited to, candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
“Nomadic vendor” means any person whether as owner, agent, consignee, or employee, whether a resident of the city or not, who engages in a business of selling and delivering goods, wares, food or merchandise of any kind or description, who conducts such a business outside of a permanent structure affixed to real property and who conducts business from a vehicle or other conveyance upon privately or publicly owned property, but not on a public street, sidewalk, alley or public way of the city. A person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer.
“Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Public celebration” means any of the following: events officially authorized by the city council; events authorized by a special event permit issued in accordance with Chapter 5.30; and events that are specifically exempt from the provisions of Chapter 5.30. (Ord. 2884 § 1, 2014).
5.05.020 License required.
It shall be unlawful for a nomadic vendor to engage in business within the city of Prosser, Washington, except when licensed in compliance with the terms of this chapter. A separate license shall be required for each location of any nomadic vendor. A nomadic vendor who has obtained a license under this chapter shall be exempt from the provisions of Chapter 5.04. In the event of a conflict of provisions between this chapter and Chapter 5.04, then this chapter shall prevail and be applicable to license the activity. (Ord. 2884 § 2, 2014).
5.05.030 Exemptions.
The provisions of this chapter shall not be construed to apply to the following:
A. Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such persons in the state of Washington.
B. Persons selling only trees used for the celebration of the Christmas season.
C. Caterers providing catering services at a wedding or other one-time event on private property. (Ord. 2884 § 3, 2014).
5.05.040 Application.
Any person desiring to secure a license as a nomadic vendor shall make application to the city clerk, on forms to be provided by the city. Such application shall include, but not be limited to, the following information:
A. The name or names and address of the applicant, the applicant’s UBI number, vehicle license numbers of all vehicles from which the applicant proposes to conduct business; description of the general type of goods, wares, merchandise or food proposed to be sold by the applicant; the place or places where the applicant proposes to engage in business;
B. Each application shall be accompanied with the license application fee as provided for in this chapter;
C. A notarized written authorization from the business owner to conduct the applicant’s business at the place so noted on the application.
D. A statement explaining the method of trash and litter disposal being proposed by the vendor.
E. A drawing of a scale not greater than fifty feet per inch and not less than ten feet per inch, which drawing shall depict the following information:
1. The portion of the property to be occupied by the business;
2. The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area;
3. The location of driveways providing ingress and egress to the property;
4. The location of existing buildings and structures located on the property noting the use of each building or structure so identified.
F. The mayor or his or her designee is authorized to establish an application form for nomadic vendor licenses. (Ord. 2884 § 4, 2014).
5.05.050 Standard for approval of license.
The mayor or his or her designee shall deny any application upon written findings that the applicant’s proposed business activity will violate any applicable law, rule, or regulation. Any license issued under this chapter shall contain the number of the license, the date the same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The city clerk shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. (Ord. 2884 § 5, 2014).
5.05.060 Fees—Expiration of license—Renewal.
Fees shall be paid as follows:
A. Nomadic vendors shall pay an initial application fee in the amount set forth in the city’s fee schedule adopted by resolution or ordinance of the city council. The application fee shall be submitted with all applications. Following approval of the application, a fee shall be paid for each business license issued under this chapter in an amount set forth in the city’s most recent fee schedule adopted by resolution of the city council. The license shall expire twelve months after the date it is issued. A separate application and license shall be required for each location of a nomadic vendor. The application fee is not required for license renewal provided the renewal is for the same location and provided the licensee was licensed at that location within thirty days from the date of the request to renew the license. A license renewal fee shall be paid in the amount set forth in the city’s fee schedule adopted by resolution or ordinance of the city council. (Ord. 2884 § 6, 2014).
5.05.070 Exhibition of license—Transfer.
Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein. Any license issued under this chapter shall not be transferred to any other person. (Ord. 2884 § 7, 2014).
5.05.080 Health regulation.
All nomadic vendors shall comply with all laws, rules and regulations regarding food handling including established by any applicable regulatory agency. All vehicles used for the sale of food by nomadic vendors shall comply with all the laws, rules and regulations respecting such vehicles established by any applicable regulatory agency. (Ord. 2884 § 8, 2014).
5.05.090 Nomadic vendor standards.
All nomadic vendors licensed under this chapter shall comply with the following standards:
A. Nomadic vendors shall be licensed only at those sites on which there is a permanent business operating and registered under Chapter 5.04, unless the nomadic vendor obtains a conditional use permit from the city’s board of adjustment and further meets all of the following conditions:
1. All surfaces used by the nomadic vendor, and not landscaped, must be paved or otherwise covered with a dust-free surface.
2. Sanitary restroom facilities must be available in accordance with the rules of the applicable regulatory agency.
3. Completion of site review including, without limitation, a landscape plan to reasonably buffer the use from other adjacent uses.
B. No nomadic vendor shall locate his or her vehicle, other conveyance, or temporary stand within twenty feet of the improved portion of any public right-of-way or within twenty feet of the intersection of any public right-of-way and private driveway.
C. The vehicle must be in good repair and of such design and color that it reasonably conforms to surrounding businesses.
D. No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance and one sandwich board sign in accordance with Chapter 18.72.
E. No vehicle, other conveyance or temporary stand shall be located closer than twenty feet from any building or structure on the licensed property or adjoining property.
F. No vehicle, other conveyance or temporary stand shall locate closer than fifty feet from flammable combustible liquid or gas storage and dispensing structures.
G. All nomadic vendors shall place at least one city approved garbage receptacle upon the site of business for customer use; additional cans may be required at the city’s discretion.
H. Licensed nomadic vendor sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities.
I. All merchandise, goods, wares or food shall only be displayed or offered for sale within fifteen feet of the vendor’s conveyance and be located no closer than twenty feet from any building or structure on the licensed property or adjoining property.
J. All vehicles, other conveyances or temporary stands shall comply with the city’s fire code.
K. No nomadic vendor shall be licensed to locate a vehicle, other conveyance, or temporary stand within two hundred fifty feet from another nomadic vendor except where vendors are separated by a public street. This provision does not apply to vendors within a designated and city-approved farmer’s market.
L. No nomadic vendor may be licensed at a location if their vehicle, conveyance or temporary stand diminishes required off-street parking for the permanent business registered on the site. (Ord. 2884 § 9, 2014).
5.05.110 Revocation of License.
Any license issued pursuant to this chapter may be revoked, in writing, by the mayor or his or her designee for any one or more of the following causes:
A. Any fraud, misrepresentation, or false statement contained in the application for a license.
B. Any fraud, misrepresentation, or false statement made in connection with the selling of products.
C. Conducting the business licensed under this chapter 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.
D. The determination by the Benton County District Court that the licensee has committed more than two infractions issued pursuant to Section 5.05.120 in any twenty-four-month period. (Ord. 2884 § 10, 2014).
5.05.120 Penalty.
A. Except as otherwise provided herein, any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and be penalized by a fine in the amount of one hundred fifty dollars, plus state assessments for each day he, she, or it is in violation of this chapter. Such infractions shall be issued and prosecuted in accordance with Sections 1.40.070 through 1.40.210. (Ord. 2884 § 11, 2014).
5.05.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2884 § 12, 2014).