[Vision2020] vendor ordinance
Mark Rounds
ltrwritr@moscow.com
Wed, 19 Feb 2003 19:38:04 -0800 (PST)
I rather not slap anybody ;-) I see some wiggle room for Ren Fare and
Redezvous grant you that, but it will hit any trade show (the vendor booths
are open on Sunday). It will also stop gun shows unless they hold them in
the Park.
I think the goal is to limit the folks who sell sun glasses and the like out
of parking lots or topless carwashes (-; as the current nudity ordinance
doesn't stop that at all.
But all that hasn't been made clear to me yet by the folks proposing this
and I am not a lawyer so maybe we could hear from those in that profession
here on the validity of that?
The restriction on Sunday businesses will significantly weaken this in my
view because it will say one class of merchant can't be open on Sunday while
others can't. It seems to me to be a flaw that could get it overturned.
Just my 2 cents worth.
Mark Rounds
At 07:17 PM 2/19/2003 -0800, Debbie Gray wrote:
>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 [Ive 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 Moscows Farmers
>> >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 Vendors 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
>
>%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%
> 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
>%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%^%
>
>_____________________________________________________
> 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
>
>