Chapter 5.27
PEDDLERS AND HAWKERS
Sections:
5.27.020 License – Required – Exemptions.
5.27.040 License application and administrative review procedure – Peddlers and hawkers.
5.27.050 Revocation of license.
5.27.070 Infraction – Penalty.
5.27.010 Definitions.
As used in this chapter:
“Casual or isolated sale” means a sale made by a person who is not engaged in the business of selling the type of property involved.
“Commercial business” means a firm, company or individual engaged in profit-making activities, including the sale of goods or services.
“Hawker” means every person, either as principal or agent, selling or offering for sale any goods, wares, services or merchandise, articles, objects or personal property of whatsoever name, nature or description, by peddling the same from house to house or upon any street, highway or public place, who shall make public outcry or give any musical or other public entertainment or make any public speech to draw customers or attract notice.
“Licensing agent” means the department or division designated by the city manager to accept and process applications for licenses issued under this chapter.
“Peddler” means any person, either as principal or agent, who solicits or takes orders for, or carries goods, wares, services and merchandise, articles, objects or personal property of whatever name, nature or description from house to house, place to place, or upon any street, highway or public place within the city, for sale, excepting permanent places of commercial business. (Ord. 2007-50 § 1(part), 2007: Ord. 94-26 § 1(part), 1994).
5.27.020 License – Required – Exemptions.
A. Except as provided in this chapter, it is unlawful for any person to peddle or hawk any article or thing of value, goods, services or merchandise, or engage in the business of hawking or peddling within the city, as defined in Section 5.27.010, without first having obtained a license.
B. Except as provided in Sections 5.27.040 and 5.27.050, nothing in this chapter shall apply to:
1. Casual or isolated sale as defined in Section 5.27.010;
2. Associations and any community fund or foundation, organized and operated exclusively for religious, scientific, public or other charitable purposes or for the prevention of cruelty to children or animals, no part of the earnings to which inures to the benefit of any private shareholder, member or individual;
3. Civil leagues, corporations or organizations not organized for profit, but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to employees of a designated person or persons in a particular municipality and the net earnings of which are devoted exclusively to charitable, educational or recreational purposes;
4. Clubs organized and operated exclusively for pleasure, recreation and other nonprofit purposes, no part of the earnings of which inure to the benefit of any private members or shareholders.
C. Nothing in this chapter shall apply to:
1. Peddlers of agricultural, horticultural or farm products which they may grow or raise;
2. Vendors of newspapers. (Ord. 2007-50 § 1(part), 2007: Ord. 94-26 § 1(part), 1994).
5.27.030 License fees.
The annual license fees for peddlers and hawkers shall be seventy-five dollars. The license fees shall be payable at the time of application for a license and are nonrefundable administrative fees. (Ord. 2007-50 § 1(part), 2007: Ord. 94-26 § 1(part), 1994).
5.27.040 License application and administrative review procedure – Peddlers and hawkers.
A. Applicants for peddler and hawker licenses shall provide the licensing agent with a written application describing the proposed business in detail and specifically including as a minimum the following:
1. The proposed manner of operation of the business.
2. The goods, wares, services, merchandise or articles to be offered for sale.
3. The proposed hours of operation and the proposed areas of operation.
4. The Washington State Uniform Business Identifier number.
5. Whether the applicant has been convicted of any crime, and, if so, identification of the crime(s) for which the applicant has been convicted including the court and date of conviction.
B. The licensing agent shall review the application for completeness and forward it to the police department for review of any public safety, pedestrian traffic, vehicular traffic, public disturbance and noise concerns. The licensing agent shall grant, deny or condition the license based on the findings of the police department and deliver the decision to the applicant within ten business days of the city’s receipt of the license application. (Ord. 2007-50 § 1(part), 2007: Ord. 94-26 § 1(part), 1994).
5.27.050 Revocation of license.
A. The license of a peddler or hawker shall, after notice in writing and an opportunity to be heard by the city manager or hearings officer designated by the city manager, be revoked, and such peddler or hawker shall not be entitled to a subsequent license to engage in business as a peddler or hawker for one year after such revocation, for any of the following reasons:
1. Fraud or misrepresentation contained in the application for the license;
2. Fraud or misrepresentation, or false or misleading statements, made in the course of conducting the licensed business;
3. Conviction of any crime involving moral turpitude in which a minor child was the victim or was otherwise involved; or
4. Any other violation of this chapter.
B. The decision of the city manager or hearings officer shall be final subject only to the right of the license holder to appeal said decision to the Walla Walla County superior court within fifteen days of the decision rendered by the city manager or hearings officer. (Ord. 2007-50 § 1(part), 2007).
5.27.070 Infraction – Penalty.
In addition to establishing grounds for revocation of a license, the failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is designated as an infraction and may not be classified as a criminal offense. A person found to have committed an infraction under this chapter shall be assessed a monetary penalty. Each day in which a violation of this chapter continues shall be counted as a separate infraction. Chapter 7.80 RCW is incorporated herein with respect to this section. No penalty assessed for infractions under this chapter may exceed two hundred fifty dollars for each separate infraction. (Ord. 2007-50 § 1(part), 2007: Ord. 94-26 § 1(part), 1994. Formerly 5.27.060).