Chapter 5.24
MOBILE VENDORS, HAWKERS AND PEDDLERS
Sections:
5.24.020 Mobile/open air vendor defined.
5.24.030 Outdoor merchandising.
5.24.050 Fees, licenses, taxes and fines.
5.24.060 Restrooms and garbage.
5.24.070 Utilities – Power, water, sewer and garbage.
5.24.080 Termination of operations.
Prior legislation: Ords. 981, 1064, 1247, 1295 and 1618.
5.24.010 Generally.
Mobile/open air vending shall only be allowed in the city under the conditions set out in this chapter. (Ord. 1625, 2019)
5.24.020 Mobile/open air vendor defined.
A “mobile/open air vendor” is defined as any hawker or peddler. The term “mobile/open air vendor” shall apply to any person, firm, corporation, transient, merchant, church, club, charitable institution, hawker or peddler (including any firm, person, corporation or group of people engaging in garage, yard, moving, estate or any other similar sale or event on more than three occasions in any calendar year) who vends, sells, disposes or displays, or offers to vend, sell, dispose or display, any good, ware, merchandise, produce or food as a transient vendor not in a permanent structure. (Ord. 1625, 2019)
5.24.030 Outdoor merchandising.
Outdoor merchandising may be allowed if consistent with the city and Grays Harbor County building codes. Outdoor merchandising is not considered vending, if such merchandising is associated with an existing business operating out of an adjacent building. Special occasions and festivals may be allowed upon approval by the city council. (Ord. 1625, 2019)
5.24.040 Location of vendors.
Mobile/open air vendors may locate in the city under the following conditions:
(1) Mobile/open air vendors shall be located only in the commercial or marine industrial zone and a conditional use permit may be required.
(2) Open air vending from uncovered tables or ground display is not allowed.
(3) The designated area shall contain power, water, sewer, restrooms and garbage containment and collection.
(4) Each mobile/open air vendor site shall meet all state and local standards, regulations and codes for a temporary accessory building structure and site restriction to be used for vending in the city with regard to:
(A) Size of temporary structure;
(B) Common esthetics regulated by the city to provide uniform appearance.
(5) Mobile/open air food vendors shall comply with all Washington State Department of Health regulations.
(6) The site location shall be situated within 200 feet of public restrooms and toilets.
(7) Merchandise shall be securely and adequately placed so that it will not endanger passersby or fall or extrude into any street or alley.
(8) Sales shall not be operated in any manner which could cause a nuisance or create a fire hazard. (Ord. 1625, 2019)
5.24.050 Fees, licenses, taxes and fines.
The following fee, license, tax and fine schedule shall apply to all mobile/open air vending within the city:
(1) The annual mobile/open air vendor license fee shall be $250.00 per year. The sponsor of an event deemed a special event by the council and mayor of the city shall pay a special event license fee of $100.00 per day or a special event license fee of $10.00 for each for-profit mobile/open air vendor.
(2) An application, as well as an application fee of $50.00, for a license to vend, sell, dispose or display merchandise, goods, wares, produce or food shall be made in writing to the city clerk.
The application shall include a general description of the type of merchandise or food proposed to be sold by the applicant.
(3) The application shall contain the name of the applicant, if an individual; the names of partners, or the names of the principal officers of a corporation, church, club or charitable institution.
(4) The mobile/open air vendor applicant shall pay the business and occupation excise tax as established by ordinance of the city.
(5) The mobile/open air vending license may be revoked for any of the following reasons:
(A) Fraud or misrepresentation contained in the application for the license;
(B) Fraud or misrepresentation or false or misleading statements made in the course of conducting the licensed business;
(C) Conviction of any crime involving moral turpitude;
(D) Conducting business in an area prohibited by this chapter;
(E) Any other violation of this chapter.
(6) Any mobile/open air license holder whose license has been revoked may appeal said revocation to the city council; provided, that said appeal is filed in writing within 10 days of the revocation of the license with the city clerk. The decision of the city council shall be final.
(7) Any person, firm or corporation violating any provision of this chapter shall be fined not less than $100.00 nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each date during which a violation occurs or continues. Failing to comply with these penalty provisions or being cited for more than two violations of this chapter within a 90-day period shall constitute a misdemeanor criminal offense. The city of Westport building department, as well as the city police department, shall have the authority to issue citations for violations of this chapter. (Ord. 1625, 2019)
5.24.060 Restrooms and garbage.
The following provisions apply to restrooms and garbage containment and collection:
(1) No vendor may engage in the use of the restroom facilities belonging to another person, corporation, or business without the owner of the restroom facilities’ prior written consent.
(2) The vendor toilet facilities shall be within 200 feet of food service establishments for the food service workers and the general public.
(3) Each vendor site location shall pay its own garbage collection.
(4) Each vendor site location shall not allow refuse and waste to accumulate on the site, or adjacent to the site. (Ord. 1625, 2019)
5.24.070 Utilities – Power, water, sewer and garbage.
The following provisions and regulations apply to utilities for the vendor site:
(1) Each individual mobile/open air vending operation will pay its own utilities, power, water and sewer.
(2) Each mobile/open air vending operation shall dispose of liquid water, gray water, mop water and ice melt into the public sewer system.
(3) Hot water at a temperature of 100 degrees Fahrenheit shall be available on each individual food vendor site. (Ord. 1625, 2019)
5.24.080 Termination of operations.
Immediately after mobile/open air licensee’s operation ceases all property or premises of any nature used by licensee or abutting upon that used by the licensee shall be cleaned and cleared of debris left by mobile/open air licenses and restored to the condition existing before such use. (Ord. 1625, 2019)