[Vision2020] vendor ordinance

Debbie Gray dgray@uidaho.edu
Wed, 19 Feb 2003 19:17:24 -0800 (PST) 

I think that Ren Fair, Rendezvous, etc are covered under the section:

>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,

Slap me if I'm wrong but I am guessing that these activities already have
a valid concession agreement and that these activities are NOT what the
target is. More importantly, does this include people peddling/vending
topless carwashes? =)

Debbie

On Wed, 19 Feb 2003, Mark Rounds wrote:

> I have another question on this issue.  I read the text of the ordinance and
> it limits these businesses to a Monday through Saturday schedule with
> limited hours.  This will quite obviously impact the vendors at Ren Fare,
> Redezvous in the Park, and any vendor who shows up at a convention or trade
> fair like the Home and Garden Show.  Is this what is intended?  It will also
> make a Gun Show in the City limits just about impossible.
>
> I would think that they could make quite a stink if they got a lawyer and
> compared how this class of merchants had to do business with folks like
> Tidyman's and Winco who are open 24/7?
>
> Mark Rounds
>
> At 05:25 PM 2/19/2003 -0800, london@moscow.com wrote:
> >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
> >
> >-------------
> >
> >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
> >
> >
> >E:\Ordinances\Ordinance - vendor.doc - cb
> >
> >
> >_____________________________________________________
> > List services made available by First Step Internet,
> > serving the communities of the Palouse since 1994.
> >               http://www.fsr.net
> >          mailto:Vision2020@moscow.com
> >ŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻ
> >
> >
>
>
> _____________________________________________________
>  List services made available by First Step Internet,
>  serving the communities of the Palouse since 1994.
>                http://www.fsr.net
>           mailto:Vision2020@moscow.com
> ŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻŻ
>

Debbie

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  Debbie Gray      dgray@uidaho.edu      http://www.uidaho.edu/~dgray/
  We must be willing to get rid of the life we've planned, so as to
  have the life that is waiting for us." --Joseph Campbell
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