[Vision2020] vendor ordinance

[Bill London]

Below is a copy of the vendor ordinance due to be discussed at  the next
Moscow City Council Administrative Committee meeting on February 24th,
4:00 p.m. at City Hall Council Chambers.

If the council passes this ordinance, will the vendors at the Tuesday
Grower's Market at the Moscow Food Co-op parking lot be cited if they do
not get an expensive permit?

What about the vendors at the more unorganized events at East City Park,
like the HempFest?

What is the problem this ordinance is designed to solve?
BL

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ORDINANCE NO. 2003-

AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE
OF IDAHO; PROVIDING FOR THE AMENDMENT OF MOSCOW CITY CODE TITLE 9, TO
REQUIRE LICENSURE AND REGISTRATION OF VENDORS; PROVIDING THE PROVISIONS
OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE
TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL
AND PUBLICATION ACCORDING TO LAW.

WHEREAS, a review of the current ordinance controlling peddlers,
solicitors and canvassers suggests that changes are appropriate; and

WHEREAS, current licensing procedures do not require vendors to be
licensed prior to setting up an area to sell goods of their own or
manufactured; and

WHEREAS, it has been determined by the Council that license and
registration of vendors will adequately address the concerns related to
such persons by providing for a manner by which to identify and regulate
them.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MOSCOW, IDAHO as follows:

SECTION 1.   That Moscow City Code Title 9, Chapter ______  be amended
as follows:

Sec. ____-1. Purpose
The purpose of this Chapter is to provide the citizens of the City with
information registering and identifying persons who qualify as vendors
within the City to protect citizens and private business owners and to
aid in law enforcement.

Sec. _____-2. Definitions.
A) For the purpose of this Section, a “Vendor” is any person, firm,
corporation, partnership or association not having an operating place of
business within the City, who engages in temporary or transient business
in the City selling goods, wares, merchandise or services, or a
permanent business person, firm or corporation which is located within
the City limits who is selling such goods, wares, merchandise or
services, away from his/her or its usual operating place of business and
who, for the purpose of carrying on such business, hires, leases, or
occupies any room, building, structure, or space for the exhibition or
sale of such goods, wares, merchandise, or services.  The person, firm
or corporation so engaged shall not be relieved from the provisions of
this Section by reason of association with any local dealer, trader,
merchant or auctioneer, or by conducting such temporary or transient
business in connection with or as a part of or in the name of any local
dealer, trader, merchant or auctioneer.

B) YEAR:  A twelve (12) month period.
C) BUSINESS:  The activity of buying and selling
D) OPERATION: In action, functioning.

Sec. ____-3. License and Registration Required.
 Any firm, person, or corporation which intends to operate a temporary
business within the corporate limits of the city of Moscow shall be
required to purchase a vendor license for each structure, stand, tent,
vehicle, booth, location or place which is used by such merchant for the
sale or distribution of goods.  The person so engaged shall not be
relieved from the provisions of this section by reason of association
with any local operating business dealer, trader, merchant or
auctioneer, or by conducting such temporary or transient business in
connection with or as a part of or in the name of any local dealer,
trader, merchant, auctioneer or business.  The vendor license must be
posted in each individual stand during operation.

Sec. ___-4. Registration Application, Fees, Term and Limitations.
To obtain a license, a vendor shall file, in the office of the City
Clerk, a verified application stating his or her name, residence,
description and identification of the place in which he or she proposes
to do business, dates of operation, name, address and phone number of
property owner where business will take place, and the description of
the goods intended to handle.

A temporary business shall pay a vendor license fee of     [I’ve seen
examples from $35 to $600 per permit] for each twelve (12) consecutive
day period, or portion thereof, in any calendar year.  This fee shall
include all sanitation charges.  The City Clerk shall note on the
license the time period for which it is effective.

A business may purchase only two (2) vendor licenses per location per
twelve (12) month period.

Sec. ____-5. Selling from vehicles on Streets
No person shall sell or offer for sale any goods or merchandise from a
cart, wagon, automobile, truck or other vehicle in the streets or
thoroughfares of the City.  This Section does not apply to the delivery
of farm or garden products, where the order for same has been placed in
advance, nor does it apply to drayage or the delivery of goods sold in
the regular course of an established business.  Nothing in this
paragraph shall prohibit the City from entering into a contract for the
sale of ice cream and sundries for immediate conditions agreed to by the
City Council.

Sec. ___-6. Selling in parks
It shall be unlawful for any peddler or vendor or other person except a
person occupying a portion of the park under a valid concession
agreement to sell or offer to sell, to any person within any municipal
park of the City, any goods, wares, merchandise, books, pictures,
novelties, souvenirs or trinkets or any other article of commerce and
trade, including goods of his or her own production or manufacture. [or
maybe add something in here in connection with an Event – like
Renaissance, or Rendezvous]

Sec. ____-7. Exemptions.
A.  Sales where the proceeds are to be used exclusively for religious,
charitable or benevolent purposes.  Written proof of charitable,
non-profit status as declared by the IRS (i.e., 501(c)(3) documentation)
must be presented during application.

B.  Sales to wholesale or retail merchants, by sample, for future
delivery made by representatives or established wholesalers or
manufactures.

C.  The sales of fruits, vegetables or farm or garden products sold
during [as a part of, in conjunction with] the City of Moscow’s Farmer’s
Market operation.

D.  The distribution of goods for which there is no charge.
1. All persons, firms, or corporations distributing goods or performing
a service for which there is no charge, shall be required to register
with the City Clerk, their name, address, location of said distribution
or service and goods which he/she or it is distributing or service which
they are performing.

E. Sales by youth age 15 years and under selling lemonade and like items
and incidentals from property from which they reside.


Sec. ____-8. Notice.
 Notice of denial, suspension or revocation of Proof of Registration
shall be in writing and mailed to the applicant at the address of record
on the original application.

Sec. ____-9. Appeal.
A. Any person aggrieved by the action in denial, suspension or
revocation of license by the City shall have the right of appeal to the
Council.
B. Such appeal shall be taken by filing with the Clerk written notice
thereof within five (5) days after the denial or the entry of the order
of suspension or revocation.  The notice of appeal shall specify an
address at which the person appealing may be given notice of hearing on
the appeal.
C. At the appeal hearing before the Council, the applicant or person
appealing shall be entitled to appear in person and offer evidence
pertinent to the denial, suspension or revocation or may appear through
legal counsel.  The Clerk, Chief of Police, and/or legal counsel for the
City shall likewise be entitled to appear at the hearing and offer
evidence in support of the denial, order of suspension or revocation.
D. The Council shall determine whether the denial, suspension or
revocation shall be sustained and shall make a final reasoned statement
in writing within fifteen (15) business days following the close of the
hearing.

Sec. ___-10. Carrying Proof of Registration Required.
 Proof of Registration issued under this Chapter shall be carried at all
times by the person to whom it is issued when such person is peddling,
soliciting or canvassing in the City and shall be exhibited by said
peddler, solicitor, or canvasser whenever requested to do so by a peace
officer or any person solicited or canvassed.

Sec. ___-11. Hours of Operation.
 Vendors who conduct their business as herein described, shall do so
only between the hours of nine (9:00) o'clock A.M. and eight (8:00)
o'clock p.m. local time Monday through Saturday.

Sec. ___-12. Unlawful Conduct.
 No person issued a Vendor’s License hereunder shall:
A. Make physical contact with any customer or potential customer unless
such person's permission is obtained;
B. Misrepresent the purpose of the product or products;
C. Misrepresent the affiliation of any person so engaged in the
business;
D. Continue efforts to sell to a person once that person informs the
vendor that he or she does not wish to buy or take anything from that
vendor;
E. Represent the City of Moscow Vendor License under this Chapter as an
endorsement or recommendation of the vendor or item(s) being sold or
given away;
F. Enter upon any premises when the same is posted with a sign stating
"No Peddlers Allowed" or "No Solicitation Allowed" or other words to
such effect;
G. Knowingly make any false statement on an application for vendor
license hereunder;
H. Engage in any fraud, misrepresentation or false statement in the
course of carrying on the business for which this license is required
hereunder.

Sec. ____-13. Violations; Penalties.
 Any person violating any of the provisions of this Chapter shall be
guilty of a misdemeanor and, upon conviction thereof in a court of
competent jurisdiction, shall be punished pursuant to this Code and the
Idaho Code.


SECTION 2:

SEVERABILITY.  Provisions of this Ordinance shall be deemed severable
and the invalidity of any provision of this Ordinance shall not affect
the validity of the remaining provisions.

SECTION 3:

EFFECTIVE DATE.  This Ordinance shall be effective upon its passage,
approval, and publication according to law.

PASSED by the City Council and APPROVED by the Mayor this ____ day of
________________, 2003.

      ____________________________________
      Marshall H. Comstock, Mayor


ATTEST:

___________________________________
Christine Bainbridge, City Clerk


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