Chapter 12.25 ITINERANT MERCHANTS AND VENDORS

Chapter 12.25
ITINERANT MERCHANTS AND VENDORS

Sections:

12.25.010 License required.

12.25.020 Definitions.

12.25.030 Exemptions.

12.25.040 Application.

12.25.050 Investigation and determination.

12.25.060 License fees.

12.25.070 Expiration of license and renewal.

12.25.080 Revocation of license.

12.25.090 Mobile vendor insurance requirement.

12.25.100 Exhibition of license – Transfer prohibited.

12.25.110 Health regulations.

12.25.120 Use of streets – Restrictions.

12.25.130 Stationary vendor standards.

12.25.140 Mobile vendor standards.

12.25.150 Sound devices prohibited.

12.25.160 Appeal.

12.25.170 Penalty.

12.25.010 License required.

It is unlawful for an itinerant vendor to engage in business within the town except when licensed as a stationary or mobile vendor as defined in SMC 12.25.020, in compliance with the provisions of this chapter. A separate license shall be required for each location of any stationary vendor and for each vehicle or other conveyance engaged by a mobile vendor.

A stationary vendor or mobile vendor license obtained pursuant to provisions of this chapter shall be in lieu of a business license as would be required pursuant to the terms of the town of Skykomish Municipal Code. (Ord. 441, 2013)

12.25.020 Definitions.

The following terms and definitions shall be used in the administration of this chapter:

“Concessionaire” means a person, firm or corporation operating or maintaining a concession stand for the sale of food in the public parks, in the town, or on other public property in accordance with an agreement or franchise therefor.

“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.

“Itinerant vendor” means any person, firm, corporation or association, whether as owner, agent, consignee or employee, whether a resident of the town or not, who engages in a business of selling and delivery of goods, wares, food or merchandise of any kind or description, who conducts such a business conducted outside of a permanent structure affixed to real property. A person, firm, corporation or association 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. The sale of alcoholic beverages by any itinerant vendor is prohibited.

“Mobile vendor” means an itinerant vendor who conducts business from a motorized vehicle or other motorized conveyance, such as an ice cream truck, upon public streets, sidewalks, alleys or other public ways of the town. A mobile vendor may not conduct business from nonmotorized vehicles or conveyances, such as shopping carts, which activities are strictly prohibited.

“Public celebration” means Independence Day activities or any other kind of public celebration designated by the town council, and such events as sidewalk sales and street fairs which may be organized by entities such as the Skykomish chamber of commerce and officially authorized by the town council.

“Stationary vendor” means an itinerant vendor 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 located within the town. (Ord. 441, 2013)

12.25.030 Exemptions.

The provisions of this chapter shall not be construed to apply to any “farmers’ market” as defined and regulated in the Skykomish Municipal Code. (Ord. 441, 2013)

12.25.040 Application.

(1) Any person, firm or corporation desiring to secure a license as a stationary or mobile vendor shall make application to the town on forms to be provided by the town. Such application shall provide, with sufficient proof of identification:

(a) Name, date of birth and description of the applicant;

(b) Address and telephone number of the applicant;

(d) If employed or acting as an agent, the name and address of the employer or principal, together with the description of the exact relationship with the principal or employer;

(e) If any vehicles are to be used, a description of the same, including the license number(s);

(f) A photograph of the applicant, taken within 60 days immediately prior to the date of filing the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(g) A statement as to whether or not the applicant has been convicted of any crime within the last 10 years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor;

(h) Documentation of United States citizenship or documentation of legal alien status proving that the applicant may legally operate a business such as the one proposed in the United States.

(2) At the time of filing the application, each applicant shall pay a nonrefundable fee in the amount established from time to time by resolution of the town council to cover the town’s cost of processing the license application and the town investigation.

(3) Each license application for a stationary vendor shall be accompanied with the following information to establish compliance with this chapter and other applicable codes:

(a) A notarized written authorization from the property owner, as shown on the records of the King County auditor, and the business owner to conduct the applicant’s business at the place so noted on the application;

(b) A statement explaining the method of trash and litter disposal being proposed by the vendor;

(c) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information:

(i) The portion of the lot to be occupied by the business;

(ii) The portion of the lot to be used for automobile parking and the number of automobiles accommodated in the area;

(iii) The location of driveways providing ingress and egress to the lot;

(iv) The location of existing buildings and structures located on the lot, noting the use of each building or structure so identified; and

(v) Setbacks applicable to the lot;

(d) A copy of applicant’s registration and license issued by the State of Washington Secretary of State showing the business is licensed by the State of Washington Department of Revenue;

(e) In the case of an itinerant vendor involved in the retail or wholesale of food, a copy of the written approval of the King County health district. (Ord. 441, 2013)

12.25.050 Investigation and determination.

(1) The town shall refer the application to the police department, which shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant. Upon completion, the police department shall forward the results of the investigation, together with a recommendation for approval or denial, to the town clerk.

(2) If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, all fees have been paid and the applicant is otherwise in compliance with this chapter as determined by the town clerk, the town clerk shall issue the license to the applicant.

(3) The town clerk shall deny the applicant the license if the applicant has:

(a) Committed any act consisting of fraud or misrepresentation;

(b) Committed any act which, if committed by a license holder, would be grounds for suspension or revocation of a license;

(c) Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of a stationary or mobile vendor, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;

(d) Been refused a license under the provisions of this chapter; providing, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist;

(e) Made any false or misleading statement in the application;

(f) Failed to submit a complete application, pay licensing and investigation fees or otherwise failed to comply with the provisions of this chapter; or

(g) Failed to submit documentation proving United States citizenship or documentation proving legal alien status proving that the applicant is authorized to operate the proposed business in the United States.

(4) The denial of a license to an individual, corporation, partnership or other organization which serves as the employer or principal for individual vendors shall be a sufficient basis to deny a permit to the individual applicants who are employed by or acting as an agent for the applicant.

(5) Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under such license and the name or names of the person or persons authorized to carry on the same.

(6) The town clerk shall keep a record of all licenses issued under this chapter. (Ord. 441, 2013)

12.25.060 License fees.

(1) Stationary Vendors. In addition to the investigation and yearly application fee described in SMC 12.25.040(2), following approval of the application, a license fee in an amount set from time to time by resolution of the town council shall be paid for each stationary vendor license issued under this chapter. A separate application fee and license fee shall be required for each location of a stationary vendor.

(2) Mobile Vendor. In addition to the investigation fee described in SMC 12.25.040(2), following approval of the application, a license fee in an amount set from time to time by resolution of the town council shall be paid for each vehicle or conveyance licensed under this chapter for use by a mobile vendor. (Ord. 441, 2013)

12.25.070 Expiration of license and renewal.

(1) Any license issued under the provisions of this chapter shall be valid until December 31st of the year in which it is issued, at which time it shall expire.

(2) A license may be renewed, provided an application fee as required in SMC 12.25.040(2) is paid and a completed application is made by the applicant in sufficient time to allow the town to investigate and determine whether renewal should be granted. (Ord. 441, 2013)

12.25.080 Revocation of license.

A license issued pursuant to this chapter may be revoked by the town clerk for any of the following reasons:

(1) Any fraud, misrepresentation or false statement contained in the application for license;

(2) Any fraud, misrepresentation or false statement made in connection with the selling of products;

(3) Any violation of this chapter;

(4) Conviction by the licensee of a felony or of a misdemeanor involving moral turpitude, fraud, or misrepresentation;

(5) 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;

(6) Failure to timely pay any license fee; or

(7) The applicant loses his or her legal alien status such that the applicant is no longer authorized to operate the business that is the subject of the license in the United States. (Ord. 441, 2013)

12.25.090 Mobile vendor insurance requirement.

No license shall be issued to an applicant for a mobile vendor license unless a certificate is furnished to the town showing that the mobile vendor vehicle or other motorized conveyance is covered by the following minimum amounts of insurance: (1) comprehensive general liability insurance in an amount of not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident; and (2) property damage insurance in an amount of not less than $50,000 for damages on account of any one accident or occurrence. (Ord. 441, 2013)

12.25.100 Exhibition of license – Transfer prohibited.

(1) Any license issued under this chapter shall be posted conspicuously on the itinerant vendor business vehicle or conveyance.

(2) Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location. (Ord. 441, 2013)

12.25.110 Health regulations.

All itinerant vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles, equipment, conveyances, devices, or structures used for the preparation, handling, storage, transportation and/or sale of food shall comply with all applicable provisions of the Revised Code of Washington, the Washington Administrative Code, and the King County health district, as those laws, rules, and regulations presently exist or may hereafter be amended. (Ord. 441, 2013)

12.25.120 Use of streets – Restrictions.

No itinerant vendor shall be permitted to be located or to do business in any location upon any public right-of-way, or be permitted to operate in any congested area where operations might impede traffic or cause public safety concerns for the motor-vehicle-operating traveling public. For purposes of this section, the judgment of a police officer, exercised in good faith, shall be conclusive as to whether itinerant vendors shall be restricted from locating or doing business in any particular area. (Ord. 441, 2013)

12.25.130 Stationary vendor standards.

All stationary vendors licensed under this chapter shall conform to the following standards:

(1) Vendors, both mobile and stationary, shall be located only as permitted by Town Hall;

(2) Stationary vendors shall be licensed only on those lots on which there is a permanent business operating and licensed under the Skykomish Municipal Code;

(3) Stationary vendors shall be required to have off-street parking as required for any “new construction” for the type of business conducted by the stationary vendor in accordance with the parking requirements set forth in Skykomish Municipal Code as the same exists now or may hereafter be amended;

(4) Stationary vendors shall not be located on lots within 300 feet of any lot occupied by a permanent business operating and licensed under the Skykomish Municipal Code from a permanent structure when such other business sells substantially the same or substantially similar goods, wares, or merchandise from the permanent structure. For purposes of this subsection, any business operating from a permanent structure that sells food for off-premises consumption shall be deemed to be a purveyor of similar or substantially similar goods, wares, or merchandise to the extent a stationary vendor proposes to sell any type of food for off-premises consumption;

(5) No stationary vendor place of operation shall be located within 20 feet of any public right-of-way or within 20 feet of the intersection of any public right-of-way and private driveway;

(6) Stationary vendors shall not be located within any required setback that would be applicable to a permanent structure located upon the same lot;

(7) No signs or signage shall be permitted other than that which can be contained on and attached to the vehicle or conveyance utilized by the stationary vendor;

(8) No stationary vendor place of operation shall be located closer than 20 feet to any building or structure on the licensee lot or upon any adjoining lot;

(9) No stationary vendor place of operation shall be located closer than 50 feet from flammable, combustible liquid or gas storage and dispensing structures;

(10) All stationary vendors shall place at least one 30-gallon garbage receptacle upon the lot and immediately adjacent to and accessible by the customers of the stationary vendor place of operation;

(11) The stationary vendor place of operation shall be maintained in a clean and orderly manner at all times, and the site shall be cleaned of all debris, trash, and litter at the conclusion of each business day;

(12) Other than a garbage receptacle provided for customer access and use, all equipment, merchandise, goods, wares, or food of a stationary vendor shall be placed, displayed or offered for sale from the vendor’s vehicle or conveyance and not from any other temporary extension of the vehicle or conveyance. This provision is intended to include a prohibition against the placement of picnic tables or other places to eat or to congregate upon the lot occupied by the stationary vendor that in any way are associated with or available to the customers of the stationary vendor;

(13) The place of operation for each stationary vendor shall be equipped with at least one 2A:40B:C fire extinguisher. (Ord. 441, 2013)

12.25.140 Mobile vendor standards.

All mobile vendors licensed under this chapter shall conform to the following standards:

(1) All mobile vendors must conduct business from a motorized vehicle or conveyance, licensed by the State of Washington Department of Licensing. No mobile vendor shall conduct business from nonmotorized vehicles or conveyances, such as shopping carts.

(2) Geographical Restrictions. No mobile vendor shall sell or vend from his or her vehicle or conveyance:

(a) Within 400 feet of the property line of any public or private school grounds during the hours of regular school session, classes or school-related events in a public or private school, except when authorized by the school; or

(b) Within 300 feet of the property line of any business establishment offering similar products for sale which is open for business; or

(d) Within 300 feet of the property line of any public park of the town where any town-authorized concession stand is located and open for business, except as may be approved by the town clerk for public celebration; or

(e) Within 300 feet of the property line of any public park of the town where any town-authorized concession stand is located during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food in such park; or

(f) Within any one town block for more than one hour in any four-hour period. Except this shall not apply in those situations where the mobile vendor is located off of the public right-of-way and is serving organized and sanctioned community sponsored ball games at public parks and schools; provided, there is no town-approved concession currently operated and open in the park or at the school; or

(g) No mobile vendor shall stop and sell goods upon any portion of any state highway located within the town. The town council finds, with respect to town streets that are part of state highways located within the town limits, that permitting mobile vendors to operate in these areas would impede traffic and would cause public safety concerns for the motor-vehicle-operating traveling public.

(3) No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the town as the same are now in effect or may hereafter be amended.

(4) No mobile vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where goods are being sold or offered for sale by the mobile vendor.

(5) No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is parked in a legal parking space upon a public street.

(6) All mobile vendors shall provide garbage receptacles for customer use.

(7) No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a hazard to the vehicle-operating traveling public.

(8) The mobile vendor shall ensure that the area around any place it parks is maintained in a clean and orderly manner. At the conclusion of business activities at a given location, the mobile vendor shall clean all the public way surrounding the vehicle or conveyance of all debris, trash, and litter generated by the vendor’s business activities.

(9) All mobile vendors preparing food by cooking, frying or other means shall be equipped with at least one 2A:40B:C fire extinguisher. (Ord. 441, 2013)

12.25.150 Sound devices prohibited.

No stationary or mobile vendor, nor any person on his or her behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system, upon any of the streets, alleys, parks or other public places of the town or upon any private premises in the town 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. 441, 2013)

12.25.160 Appeal.

Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter shall have the right to appeal to the town council.

Such appeal shall be taken by filing with the town clerk within 14 calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least 10 calendar days prior to the date fixed for such hearing. (Ord. 441, 2013)

12.25.170 Penalty.

Any person, firm, corporation or association violating any of the provisions of this chapter shall have committed a civil infraction and, upon conviction thereof, such person shall be punished by a civil penalty of $400.00. Each day of violation shall be a separate infraction for which such penalty shall be imposed. (Ord. 441, 2013)