Chapter 5.36
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
Sections:
5.36.020 License required – Administration of chapter – License fees.
5.36.050 Festivals and special events.
5.36.070 Transient merchant sales.
5.36.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Door-to-door sales” shall mean selling or attempting to sell, or taking orders or attempting to take orders for, any goods or services of any nature whatsoever, including books, periodicals, or magazines, whether for immediate or future delivery, by going from premises to premises, whether residential or business.
B. “Farmers’ market sales” shall mean the sale of foodstuffs, fruits, vegetables, flowers, craft items and other similar merchandise produced by the vendor at a city-sponsored seasonal outdoor market.
C. “Festival or special event sales” shall mean the sale of foodstuff or merchandise of any nature at any event of a duration of less than seven days, for which a special events permit is required pursuant to Chapter 12.20 SMC.
D. “Roadside sales” means the sale of foodstuffs, fruits, vegetables, flowers, craft items and other similar items from a vehicle or temporary shelter in or near a public right-of-way.
E. “Transient merchant sales” shall mean the selling and delivering of goods, wares or merchandise within the city, and in furtherance of such purpose, for which temporary business premises are hired or leased for a duration of less than three days. (Ord. 1007 § 2, 2007).
5.36.020 License required – Administration of chapter – License fees.
A. No person shall engage in the following businesses, or any substantially similar business, within the city without first having obtained a license from the finance officer or his designee:
1. Door-to-door sales.
2. Farmers’ market sales.
3. Festival or special event sales.
4. Roadside sales.
5. Transient merchant sales.
B. The license application shall be on such form and contain such information as may be required by the finance officer.
C. The fee for and term of such license shall be as set forth in the following sections.
D. The finance officer shall administer this chapter, and is hereby authorized to promulgate reasonable rules and procedures for such purpose including, but not limited to, an exemption from the requirement for a license for fundraising activities by bona fide youth, service and civic organizations conducting business of limited nature or duration as set forth in the foregoing definitions.
E. It is the intent of this chapter to allow all lawful businesses of limited nature or duration as set forth in the foregoing definitions to be conducted within the city, and to provide for the licensing and regulation thereof. If a particular business activity of limited nature or duration does not fall within the foregoing definitions, the finance officer is hereby authorized to determine the business activity to which it is most substantially similar and to license and regulate it accordingly. (Ord. 1007 § 2, 2007).
5.36.030 Door-to-door sales.
A. A separate license shall be required for each person engaging in door-to-door sales, notwithstanding that more than one person may be employed by single corporation or other business entity.
B. Upon receipt of an application for a license for door-to-door sales, the finance officer shall request the police department to conduct a criminal history check and open warrant check. The finance officer may deny the license based on the results of the police department check if in the judgment of the finance officer the issuance of the license would place persons or property at substantial risk based on the criminal history of the applicant. The finance officer shall keep a full record of all licenses issued in his office. Such licenses shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, and the name of the person authorized to carry on the business. The finance officer shall complete his investigation within 30 days and either issue or deny the license within that time.
C. Upon issuance of each license for door-to-door sales, the finance officer shall issue an identification badge, which shall be worn on the exterior clothing of each door-to-door salesperson while engaged in sales activities. The badge shall be as prescribed by the finance officer but shall at a minimum include the door-to-door salesman’s name, the name of his employer if applicable and the expiration date of the license.
D. All orders taken in door-to-door sales for future delivery shall be in writing, in duplicate, stating the name as it appears on the license, and address of both the door-to-door salesperson and his employer, the terms thereof and the amount paid in advance, and one copy shall be given the purchaser.
E. The fee for the door-to-door sales license shall be $35.00 and the duration of such license shall be seven days. (Ord. 1007 § 2, 2007).
5.36.040 Farmers’ markets.
The fee for the license for sales by vendors at city-sponsored farmers’ markets shall be deemed included in the per-day booth or space rental fee, and duration shall be the market season, not to exceed one year. (Ord. 1007 § 2, 2007).
5.36.050 Festivals and special events.
The fee for the license for sales by vendors at festivals and special events shall be $15.00 and the duration of such license shall be the duration of the festival or special event, not to exceed seven days. (Ord. 1007 § 2, 2007).
5.36.060 Roadside sales.
The fee for the license for roadside sales shall be $15.00 and the duration of such license shall be annual. (Ord. 1007 § 2, 2007).
5.36.070 Transient merchant sales.
The fee for the license for transient merchant sales shall be $50.00, and the duration of such license shall be three days. (Ord. 1007 § 2, 2007).
5.36.080 Enforcement.
A. When it shall come to the attention of the finance officer or any police officer that any person is engaging in any business for which a license is required by this chapter without having first obtained such license, a police officer shall deliver a written notice to such person directing that all business activities cease until a license has been obtained.
B. Any person continuing to engage in any business for which a license is required by this chapter after having received the notice provided by subsection A of this section shall be guilty of a misdemeanor. (Ord. 1007 § 2, 2007).