Chapter 5.12
PEDDLERS, CANVASSERS AND TRANSIENT MERCHANTS
Sections:
5.12.050 Religious and charitable organizations – Exemption.
5.12.060 Investigation and issuance.
5.12.090 Loud noises and speaking devices.
5.12.110 Exhibition of license.
5.12.120 Duty of police to enforce.
5.12.140 Revocation of license.
5.12.160 Expiration of license.
5.12.170 Fairs, arts and crafts shows.
5.12.180 Indemnity and insurance requirements.
5.12.010 License required.
It shall be unlawful for any peddler, canvasser or transient merchant, as defined in TMC 5.12.020, to engage in any such business within the city of Tonasket without first obtaining a license therefor in compliance with the provisions of this chapter. (Ord. 346 § 1, 1982).
5.12.020 Definitions.
When used in this chapter, the following terms shall have the following meanings:
A. “Peddler” shall include any person, whether a resident of the city of Tonasket or not, who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles to purchasers. It shall not include vendors of milk, bakery products, groceries, who distribute their products to regular customers on established routes.
B. “Canvasser” shall include any person, whether a resident of the city of Tonasket or not, who goes from house to house or from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he/she is collecting advance payments on such orders. Such definition shall include any person who, for himself/herself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, hotel room, lodginghouse, apartment, shop or other place within the city of Tonasket for the primary purpose of exhibiting samples and taking orders for future delivery.
C. “Transient merchant” shall include any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the city of Tonasket or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said city, and who, in furtherance of such purpose hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, public room in hotels, lodginghouses, apartments, shops, or any street, alley or other place within the city of Tonasket, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; provided, that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation 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 transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. (Ord. 346 § 2, 1982).
5.12.030 Exemptions.
The terms of this chapter shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles, nor to newsboys, nor to the acts of merchants or their employees in delivering goods in the regular course of business, nor shall the terms of this chapter be held to include or apply to any farmer or truck gardener who shall vend, sell or dispose of, or offer to sell, vend or dispose of the products of the farm or garden occupied and cultivated by him, nor to nonprofit activities carried on by any bona fide religious, charitable, benevolent, or fraternal organizations. Nothing contained in this chapter shall be held to prohibit any sale required by statute or by order of any court. (Ord. 550 § 1, 1999; Ord. 346 § 3, 1982).
5.12.040 Application.
Applicants for a license under this chapter must file with the city clerk-treasurer a sworn application in writing which shall give the following information:
A. Name and physical description of applicant;
B. Complete permanent home and local address of the applicant and, in case of transient merchants, the local address from which proposed sales will be made;
C. A brief description of the nature of the business and the goods to be sold;
D. If employed, the name and address of the employer, together with credentials therefrom establishing the exact relationship;
E. The length of time for which the right to do business is desired;
F. The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery;
G. The names of at least two property owners of Okanogan County, Washington, who will certify as to the applicant’s good character and business respectability; or in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
H. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor;
I. The last cities, not to exceed three, where applicant carried on business immediately preceding the date of application and the addresses from which such business was conducted in those municipalities;
J. At the time of filing the application, a fee of $2.00 shall be paid to the city clerk-treasurer to cover the cost of investigation of the facts stated therein. (Ord. 346 § 3, 1982).
5.12.050 Religious and charitable organizations – Exemption.
Any organization, society, association or corporation desiring to solicit, or have solicited in its name, money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organization upon the streets, in office or business buildings, by house-to-house canvass, or in public places for a charitable, religious, patriotic or philanthropic purpose shall be exempt from the provisions of TMC 5.12.030, 5.12.060 and 5.12.070; provided there is filed a sworn application in writing on a form which shall give the following information:
A. Name and purpose of the cause for which permit is sought;
B. Names and addresses of the officers and directors of the organization;
C. Period during which solicitation is to be carried on;
D. Whether or not any commission, fees, wages or emoluments are to be extended in connection with such solicitation and the amount thereof.
Upon being satisfied that such organization, association or corporation is a religious, charitable, patriotic or philanthropic organization, the city clerk-treasurer shall issue a permit without charge to such organization, association or corporation to solicit in the city of Tonasket. Said permit shall be presented by solicitor when soliciting within the city. Such organization, association, or corporation shall furnish all of its members, agents or representatives conducting solicitation credentials in writing, stating the name of the organization, name of agent and purpose of solicitation. (Ord. 346 § 5, 1982).
5.12.060 Investigation and issuance.
A. All applications received by the city clerk-treasurer shall be referred to the city council of Tonasket at its first regular meeting. If deemed necessary it shall then be referred to the chief of police who shall immediately institute such investigation of the applicant’s business and moral character as he deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this section and return to council for action.
B. If, as a result of such investigation, the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall return to council endorsed on such application his disapproval and reasons for the same, and return the said application to the city clerk-treasurer, who shall notify the applicant that his application is disapproved and that no license will be issued.
C. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval and return the application to the city clerk-treasurer, who shall upon payment of the prescribed license fee, deliver to applicant his/her license. Such license shall contain the signature of the issuing officer and shall show the name, address of said licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and the length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such licensed business. Each peddler, canvasser or transient merchant must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The clerk-treasurer shall keep a permanent record of all licenses issued. (Ord. 346 § 6, 1982)
5.12.070 Fees and taxes.
Every applicant for a license under this chapter shall pay a license fee in the amount of $25.00.
A. The fees herein provided shall be assessed on a calendar year basis. For any business commenced during any portion of any year, the annual license fee for the balance of the year shall be prorated.
B. None of the license fees provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license fee is believed by a licensee or applicant for license to place undue burden upon such commerce, he/she may apply to the city council for an adjustment of the fee so that it shall not be discriminatory, unreasonable or unfair as to such commerce. Such application may be made before, at, or within 30 days after payment of the prescribed license fee. The applicant shall, by affidavit and supporting testimony, show his/her method of business and the gross volume of business and such other information as the city council may deem necessary in order to determine extent, if any, of undue burden on such commerce. The city council shall then conduct an investigation comparing applicant’s business with other businesses of like nature and shall fix as the license fee for the applicant an amount that is fair, reasonable and nondiscriminatory, or, if the fee has already been paid, shall order a refund of the amount over and above the fee so fixed from the general fund. In fixing the fee to be charged, the city council shall have the power to use any method which will assure that the fee assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the fees as prescribed by this section. (Ord. 351 § 1, 1983; Ord. 346 § 7, 1982).
5.12.080 Bond.
The city council of the city of Tonasket shall have discretion to require applicants not residents of the city of Tonasket to deposit with the city clerk-treasurer a surety bond running to the city of Tonasket in an amount to be established by the city council and conditioned that all goods, wares and merchandise sold and for which orders are taken shall be as represented. The amount of the bond shall be determined after the city council has determined the approximate amount of goods, wares and merchandise to be sold and undelivered at any given time. In the event a cash bond is deposited, the same shall be retained by the city clerk-treasurer for a period of 60 days after the expiration of such license period. (Ord. 351 § 2, 1983; Ord. 346 § 8, 1982).
5.12.090 Loud noises and speaking devices.
No licensee nor any person in his/her behalf, shall shout, cry, blow a horn, ring a bell or use any sound-amplifying device upon any of the streets, alleys, parks or other public places of the city or upon private premises 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. 346 § 9, 1982).
5.12.100 Use of streets.
No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location thereon, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of the streets. For the purpose of this chapter, the judgment of the police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. (Ord. 346 § 10, 1982).
5.12.110 Exhibition of license.
Licensees are required to exhibit their certificate of license at the request of any citizen. (Ord. 346 § 11, 1982).
5.12.120 Duty of police to enforce.
It shall be the duty of the chief of police of the city of Tonasket to require any person seen peddling, soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his/her license and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. 346 § 12, 1982).
5.12.130 Records.
The chief of police shall report to the city clerk-treasurer all convictions for violation of this chapter and the city clerk-treasurer shall maintain a record for each license issued and record the reports of violation therein. All such reports shall be audited by the city council. (Ord. 346 § 13, 1982).
5.12.140 Revocation of license.
A. Licenses issued under the provisions of this chapter may be revoked by the council of the city of Tonasket, after notice and hearing, for any of the following causes:
1. Fraud, misrepresentation, or incorrect statement contained in the application for license;
2. Fraud, misrepresentation or incorrect statement made in the course of carrying on his/her business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor;
3. Any violation of this chapter;
4. Conviction of crime or misdemeanor;
5. Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, 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.
B. Notice of the hearing for revocation of a license shall be given by the city clerk-treasurer in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed to the licensee at his/her last known address at least five days prior to the date set for hearing, or shall be delivered to the chief of police in the same manner as a summons at least three days prior to the date set for hearing. (Ord. 346 § 14, 1982).
5.12.150 Reapplication.
No licensee whose application has been revoked shall make further application until a period of at least six months shall have elapsed since the last previous revocation. (Ord. 346 § 15, 1982).
5.12.160 Expiration of license.
All annual licenses issued under the provisions of this chapter shall expire at midnight the thirty-first day of December in the year when issued. Licenses other than annual licenses shall expire at midnight on the date specified in the license. (Ord. 346 § 16, 1982).
5.12.170 Fairs, arts and crafts shows.
The promoter or sponsor organizing an arts and crafts show, or fair, or a food fair, for not more than three days in length, shall obtain a license under this chapter to cover all dealers involved in such show or fair, and the transient dealers, peddlers, hawkers, vendors, or merchants participating in such show or fair licensed thereunder shall not be required to have separate licenses. (Ord. 550 § 2, 1999).
5.12.180 Indemnity and insurance requirements.
Licenses issued hereunder shall bear the following requirements and language:
(1) Acceptance of this license, and participation events licensed hereunder, shall be at your own risk. By signing this document, you, your agents, servants, or employees agree to comply with any applicable fire codes, laws, ordinances, and regulations pertinent to health, fire prevention, and public safety.
(2) You shall indemnify the City from and against any and all claims, demands, causes of action, suits or judgments, including, but not limited to any claims of insurance carriers for deaths or injuries to persons, or for loss of or damage to property arising out of or in connection with you, your agents, servants, or employees. In the event of any claims made or suits filed against the City, the City, at its option, may require you to resist or defend such action or proceeding at your own cost and expense by counsel reasonably satisfactory to the City.
(3) You shall maintain insurance of the types described below at no cost to the City: Commercial General Liability insurance covering liability arising from premises, operations, independent contractors, and personal injury and advertising injury. Coverage shall be written on ISO occurrence form CG 00 01, or a substitute form providing equivalent liability coverage. The City shall be named by endorsement, or blanket language, as an additional insured under your Commercial General Liability insurance policy.
(4) Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 per project aggregate, and a $1,000,000 products-completed operations aggregate limit.
(5) If any coverage is written on a “claims made” basis, then a minimum of a three-year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City.
(Ord. 806 § 1, 2019).