Chapter 5.13
ITINERANT MERCHANTS
Sections:
5.13.080 Revocation, suspension and penalties.
5.13.010 Definition.
For the purpose of this chapter, an “itinerant merchant” shall be defined as a person who intends to be in business in Richland for a period of time less than 30 days from the date of obtaining a license. The fact that a merchant does not have telephone, water, sewer or electrical service to the site of business shall be prima facie evidence of the intent to remain in business for a period of time less than 30 days. [Ord. 22-88].
5.13.020 License required.
No itinerant merchant shall expose for sale, deliver, or sell any goods or services or offer or take orders for sale or delivery without first procuring a license under this chapter. Such license shall not be valid for more than 30 days from date of issuance. [Ord. 22-88].
5.13.030 License fee.
The license fee for an itinerant merchant’s license shall be as set forth in RMC 5.04.130(C). [Ord. 22-88; amended during 2011 recodification].
5.13.040 Applications.
Each application for license under this chapter shall submit the following:
A. The applicant’s permanent address and the address of his or her principal or supplier;
B. A statement that the applicant will conduct business from a fixed location within the city, and the address from which business will be conducted;
C. A description of the nature and type of goods, merchandise or produce to be sold.
All applications shall be subject to review by the police department who shall perform a warrant check of the applicant and report back within three working days. A finding in this investigation that the applicant has engaged in fraudulent or deceptive trade practices shall be grounds for denial of a license. [Ord. 22-88; Ord. 7-89; Ord. 07-09; Ord. 2022-29 § 12].
5.13.050 Regulations.
A. Noise. No itinerant merchant shall use any excessively noisy device to attract attention to his wares. Noise levels shall conform to the requirements of Chapter 173-60 WAC, Maximum Environmental Noise Levels, which, in turn, are set forth in RMC 23.22.020(B)(5). The itinerant merchant shall not shout or call his wares in a loud, boisterous manner.
B. Sanitation. All conveyances and receptacles used by peddlers to carry foodstuffs or other edibles shall be kept in a clean and sanitary condition and all foodstuffs and other edibles shall be protected from dirt, dust, insects and other contamination.
C. Standing. No itinerant merchant shall stand or allow his vehicle to stand upon any public way at any time and any temporary merchant must exhibit to the city of Richland written permission from the property owner or person in control of property on which the itinerant merchant will locate his booth, stand, or vehicles, as a condition precedent to the issuance of a license to operate. [Ord. 22-88; amended during 2011 recodification].
5.13.060 Insurance.
As a condition precedent to the issuance of a license to conduct business as an itinerant merchant under this chapter, an applicant must obtain and retain a minimum of $500,000 public liability and property damage insurance, which shall include product liability coverage, naming the city as an additional insured. [Ord. 22-88].
5.13.070 Exemptions.
The following are not required to obtain an itinerant merchant’s license:
A. Persons selling agricultural food products and persons selling trees commonly utilized for the Christmas holiday celebration when such persons are otherwise eligible for a license under the provisions of Chapter 5.04 RMC.
B. Persons who by definition are not itinerant merchants, have a currently valid city business license, and are operating a temporary site in conjunction with their established business or as a licensed concessionaire vendor.
C. Artisans who produce their own art or craft work and are invited to exhibit and sell their art and craft work as a part of an event sponsored by a registered nonprofit organization licensed to do business in Richland, or are invited to exhibit and sell their art and craft work as a part of an event sponsored by a for-profit merchants organization, the members of which are licensed to do business in Richland.
D. Vendors of prepared foods who are invited to sell their products as a part of an event sponsored by a registered nonprofit organization licensed to do business in Richland or are invited to sell their products as a part of an event sponsored by a for-profit merchants organization, the members of which are licensed to do business in Richland.
E. Mobile vendors of food products, dispensing their products from motorized units, and eligible for a license under the provisions of Chapter 5.04 RMC.
F. The sale of fireworks by registered nonprofit organizations licensed to do business in the city of Richland; provided, that such sales shall comply with all other applicable statutes, ordinances and regulations governing such sales.
G. Solicitors eligible for a license under the provisions of Chapter 5.12 RMC.
H. Persons or businesses who qualify under the provisions of RMC 5.04.243 dealing with special licenses for trade shows and business promotions. [Ord. 22-88; Ord. 07-09].
5.13.080 Revocation, suspension and penalties.
A violation of any of the provisions of this chapter shall be grounds for revoking, suspending or refusing to issue any license under this chapter. The conducting of any fraudulent, illegal or other deceptive practice shall likewise be grounds for revocation of the license. If the issuing officer finds that suspension or revocation are unwarranted and the violation is no longer continuing or that the licensee is no longer residing in Benton County he may assess a penalty of not less than $25.00 nor more than $500.00 and order restitution if warranted. Appeals and hearings shall be conducted pursuant to RMC 5.04.540 through 5.04.590. [Ord. 22-88].