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HomeMy WebLinkAbout794 Vendors, Peddlers, SolicitorsORDINANCE NO. 794 AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 10, TITLE 3, OF THE REVISED AND COMPLIED ORDINANCES OF THE CITY OF MERIDIAN; RE-ENACTING SAID CHAPTER 10, TITLE 3 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN TO READ AS SET FORTH BELOW AND WHICH INCLUDES PROVISIONS FOR THE FOLLOWING SECTIONS: 3-1001 PURPOSE, 3-1002 JURISDICTION, 3-1003 DEFINITIONS, PEDDLER OR VENDOR, SOLICITOR, 3-1004 LICENSE REQUIRED, 3-1005 EXCEPTIONS, 3-1006 APPLICATION, 3-1007 INVESTIGATION OF APPLICANT, 3-1008 BOND REQUIREMENT, 3-1009 LICENSE FEES, 3-1010 ISSUANCE/DENIAL AND EXHIBITION OF LICENSE, 3- 1011 RESTRICTIONS, 3-1012 UNLAWFUL CONDUCT: NO LICENSE HEREUNDER SHALL, 3-1013 REVOCATION OF LICENSE, 3-1014 PENALTY, AND 3-1015 CONSTITUTIONALITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of said City to repeal and re- enact Chapter 10, Title 3; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 10, Title 3, of the Revised and Compiled Ordinances of the City of Meridian known as `PEDDLERS AND SOLICITORS', is hereby repealed. VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 1 SECTION 2: That Chapter 10, Title 3, of the Revised and Compiled Ordinances of the City of Meridian is hereby re-enacted and shall be known as "VENDORS, PEDDLERS AND SOLICITORS", and shall read as follows: VENDORS, PEDDLERS AND SOLICITORS 3-1001 Purpose: The purpose of this chapter shall be to protect the health, safety and/or welfare of residents of the city and to protect its citizens from crime by means of regulation of vendors, peddlers and/or solicitors. 3-1002 Jurisdiction: The following provisions shall apply to peddlers, vendors and/or solicitors operating or doing business within the incorporated areas of the City of Meridian. The provisions of this ordinance are not intended to prohibit or hamper speech which is protected by the First Amendment of the U. S. Constitution, but merely to regulate specific activities of a commercial nature. 3-1003 Definitions: Peddler or Vendor - Any person traveling by foot, motor vehicle, bicycle or any other type of conveyance from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, food or farm products or provisions, offering and/or exposing the same for sale, making sales, or delivering articles to purchasers. Solicitor - Any person traveling either by foot, motor vehicle, bicycle or any other type of conveyance, from place to place, from house to house, from street to street, taking or attempting to take orders for sale of goods, wares, merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished immediately or performed in the future, whether he or she is collecting advance payments on such sales or not. Such definition includes any person who, for himself, herself, or for another person hires, leases, uses, or occupies any premises within the city for the sole purpose of exhibiting samples and taking orders for future delivery. 3-1004 License Required: It shall be unlawful to act as a vendor, peddler, or solicitor, or to employ another in such business within the VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 2 meaning and application of this chapter, without first securing a license to do so from the City Clerk. 3-1005 Exceptions: A person invited to the premises or place by the occupant or owner of the premises or place. 2. Any sales under a court order. 3. The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper. 4. The occasional sale of admission by local school students to a function of their school or in support of a school program or fund raising sales by local service clubs or groups such as Optimists, Elks, Kiwanis, Rotary, Lions, Boy or Girl Scouts. 5. Garage, yard or similar sales by individuals at their residence or place of business not exceeding three (3) separate sales in one calendar year, not to exceed three (3) days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale from another garage sale. 6. Any political group or candidate seeking funds, membership or support. 7. A bona fide auction sale. 3-1006 Application: Any person desiring a license to engage as a vendor, peddler, or solicitor within the City of Meridian shall make application therefor to the City Clerk on a form to be provided which shall state the following information, but which shall not necessarily be limited to the following information: 1. Name and Address of the applicant. If the applicant is an association, company or corporation, then it shall state its name along with the names and descriptions of those who will be soliciting in the city. 2. Address, both headquarters and local. 3. A brief description of the nature of the business and the goods to be sold and in the case of farm or garden products, whether produced or grown by the applicant. VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 3 4. If employed, the name and address of the employer, together with credentials establishing the exact relationship between the employer and the applicant. 5. The proposed method of operation, length of time for which the right to do business is desired and if a motor vehicle is to be used, a description of the same together with license number and other means of identification. 6. Whether a permit or license issued to the applicant has been revoked during the last five (5) years, and if so, where and when. 7. A statement as to whether the applicant, or any partner or any officer or director has: A. Forfeited bail B. Been arrested C. Convicted D. Fined E. Jailed; or F. Placed on probation for any violation of the law. 8. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery. 9. When the applicant proposes to sell any prepared food product for human consumption, a certification from the Central District Health District and/or any other applicable license required shall be required prior to the issuance of this license. 10.An agent upon whom service of process may be made in the State of Idaho. 3-1007 Investigation of Applicant: Upon receipt of application, or application for renewal, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information presented on the application. VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 4 The Chief of Police shall endorse upon the application the findings of the investigation and return it to the City Clerk. 2. If the applicant or his employer has been convicted of any crime involving morale turpitude within the past five (5) years, or if the applicant has made a false statement on the application, it shall be denied. 3. Two (2) photographs of the applicant that are two inch by two inch (2" x 2") showing the head and shoulders of the applicant in a clear and distinguishable manner. 4. Any applicant, or employee of an applicant, shall be required to have their fingerprints taken as a part of the investigation. 3-1008 Bond Requirement: Before any license as provided herein shall be issued for engaging in the business of peddler, vendor or solicitor as defined in this chapter the following must occur: 1. Every applicant plying his trade as an individual, shall file with the City Clerk a surety bond, a cashier's check, or a letter of credit from a bank in the amount of one thousand dollars ($1,000.00) running to the city. 2. Every business, firm, company, individual or corporation, which has two or more employees or agents acting in the capacity of vendor, solicitor, or peddler, shall file with the City Clerk a surety bond, cashier's check or letter of credit from a bank in the amount of one thousand dollars ($1,000.00) running to the city for each employee or agent. The surety bond must be made by an agent upon which service of process may be made in the State of Idaho. 3. Action on the surety bond or cashiers check may be brought directly by any person damaged by a licensee's violation of any provisions of this chapter. 4. After expiration of a license, the City Clerk shall, upon application of the licensee, return the bond, cashier's check or letter of credit ninety (90) days after receipt of application for return, unless the City Clerk has been notified of the prudence of any claim or cause of action by any person upon the bond, cashier's check or letter of credit. VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 5 3-1009 License Fees: License fees charged for administration and enforcement of this chapter shall be established as follows: Peddlers, vendors or solicitors shall pay a license fee of: A. $25.00 per month or fraction thereof; or B. $65.00 for three (3)months; or C. $125.00 for six (6) months. 3-1010 Issuance / Denial and Exhibition of License The City Clerk shall notify the applicant when his license request is approved, and shall issue a license. 2. The City Clerk shall notify the applicant if his license is denied, the reasons therefor, and advise him of his rights to appeal to the city council. 3. The license shall be exhibited in a conspicuous place on the motor vehicle or other mode of transportation if the licensee is using a motor vehicle or other mode of transportation. Otherwise, the license must be kept on the person and exhibited at any time upon request. 3-1011 Restrictions: No licensee shall have any right to any fixed, regular or established location in a public street, sidewalk or right of way, nor shall the licensee be permitted to conduct his business in any congested area where his operations might impede or inconvenience the public. The judgement of a police officer is deemed conclusive as to whether the area is congested or the public is impeded or inconvenienced. 2. No business activity shall be carried on in any area of the city by any licensee where such business is prohibited by the city zoning Ordinance. No licensee shall be permitted to conduct his business or trade in or on any city park, city building, or adjacent grounds. 3. Vendor carts, motor vehicles are prohibited within fifteen (15) feet of a fire hydrant, fire escape, bus stop or loading zone. VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 6 4. Business activity as regulated by this chapter shall only be conducted on private property with written approval of the property owner. 5. Hours of operation: Vendors, peddlers or solicitors shall be allowed to engage in their licensed business only between 9:00 a.m. and one half (1/2) hour after sunset. All vending stands, carts, or vehicles must be removed from public property during non -vending hours. The city council may make an exception to the usual hours of operation if a special event permit is sought. 6. Removal of trash: All trash or debris accumulating within twenty (20) feet of any vending stand shall be collected by the vendor, peddler or solicitor and deposited in trash containers. All vendors or peddlers selling food or beverages must provide trash receptacles adjacent to or as a part of their stands. 3-1012 Unlawful Conduct: No licensee hereunder shall: 1. Misrepresent the purpose of, or affiliation of those engaged in the solicitation, peddling or vending. 2. Continue efforts to solicit or peddle to an individual once that individual informs the solicitor or peddler that they do not wish to give or purchase anything from that solicitor, peddler, or vendor. 3. Represent the issuance of any license under this chapter as an endorsement or recommendation of solicitation. 4. Enter upon any premises when the same is posted with a sign stating "No peddlers allowed", or "No solicitation allowed", or "No vendors allowed", or other words to such effect. 5. Knowingly make any false statement on an application for a license. 3-1013 Revocation of License: The city council has the power to revoke any license granted in accordance with this chapter for any of the following causes: 1. Fraud, misrepresentation or false statement contained in the application for license; 2. Fraud, misrepresentation or false statement made in the course of conducting the business or trade. VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 7 3-1014 Penalty: Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, as punishment therefor, shall be fined not more that three hundred dollars ($300.00) or serve for more than six (6) months in the county jail, or both. Additionally, any applicant for a license having signed under oath upon penalty of perjury may be prosecuted under the laws of the State of Idaho pertaining to perjury if any portion of the application is found to be untrue or if the applicant has been found to have violated the Idaho Consumer Protection Act. 3-1015 Constitutionality: In the event any portion or segment of this chapter is found to be unconstitutional, the remaining portion shall be unaffected and enforceable. SECTION 3. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED this I day of ..; ATTEST: WILLIAM G. BERG, JR 6-30-98 — Final CITY OF MERIDIAN BEkD.CORR -MAYOR 0itiitsiiilltYtt1r11' OF 1 rid 4 ERK SEAL r VENDODRS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 8 175 ORDINANCE NO. 794 AN ORDIN NCE OF THE CITY OF MERIDIAN REPEA NG CHAPTER 10, TITLE 3, OF HE REVISED AND COMPILED ORDINAN ES OF THE CITY OF MERIDIAN; R -ENACTING SAID CHAPTER 10, TIT 3 OF THE REVISED AND COMPIL ORDINANCES OF THE CITY OF ERIDIAN TO READ AS SET FORTH LOW AND WHICH INCLUDE PROVISIONS FOR THE FOLLOWING SE TIONS: 3-1001 PURPOSE, 3- 002 JURISDICTION, 3-1003 DEFINITIONS, P DLER OR VENDOR, S LICITOR, 3-1004 LICENSE REQUIRED, 3-10 EXCEPTIONS, 3- 06 APPLICATION, 3-1007 INVESTIGATION O APPLICANT, 3-1008 BOND REQUIREMENT, 3-1009 LICENSE FEES, 3-101 ISSUANCE/DENIA AND EXHIBITION OF LICENSE, 3- 1011 RESTRICTIONS, 3-1012 UNLA FUL CONDUCT: NO LICENSE HEREUNDER SHALL, 3- 013 REVOCAT ON OF LICENSE, 3-1014 PENALTY, AND 3-1015 CONSTITUTI ALITY ; AN PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor Idaho, have concluded that it is i enact Chapter 10, Title 3; NOW, THEREFORE, City Council of the City of Meridian, State of best interest of said City to repeal and re- IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA OUNTY, IDAHO: SECTION 1: That Chapter 10, Title , of the Revised and Compiled Ordinances of the City Meridian known as `PEDD RS AND SOLICITORS", is hereby repealed. SECTION 2: / That Chapter 10, Title 3, of the T~evised and Compiled Ordinances of th City of Meridian is hereby re-enacted and hall be known as "VENDORS, P DDLERS AND SOLICITORS", and shall read as fo ws: VENDORS, PEDDLERS AND SOLICITORS 3-1001 Purpose: The purpose of this chapter shall be to protect th health, safety and/or welfare of residents of the city and to pro ct its citizens from crime by means of regulation of vendors, peddl s and/or solicitors. 3-10 2 Jurisdiction: The following provisions shall apply to peddlers, vendors and/or solicitors operating or doing business within the incorporated areas of the City of Meridian. VENDORS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 1 176 The provisions of this ordinance are not intended to prohibit or hamper speech which is protected by the First Amendment of the U. S. Constitution, but merely to regulate specific activities of a commercial nature. 3-103 Definitions: Peddler or Vendor - Any person traveling by foot, motor vehi e, bicycle or any other type of conveyance from place to place, om house to house, or from street to street, carrying, conveyin or transporting goods, wares, merchandise, food or farm pr ucts or provisions, offering and/or exposing the same for sale, aking sales, or delivering articles to purchasers. S licitor - Any person traveling either by foot, mo r vehicle, bi cle or any other type of conveyance, from pla a to place, from hou a to house, from street to street, taking or empting to take orde for sale of goods, wares, merchandise, ersonal property of any n ture whatsoever for future delivery, or r services to be furnish d immediately or performed in the f ure, whether he or she is collec 'ng advance payments on such s es or not. Such definition 'ncludes any person who, for hi self, herself, or for another pe son hires, leases, uses, or o cupies any premises within the ci for the sole purpose of a hibiting samples and taking orders for fut re delivery. 3-1004 License Requi ed: It shall be unl ul to act as a vendor, peddler, or solicitor, or to mploy another i such business within the meaning and app ' ation of this apter, without first securing a license to do so fro the City C rk. 3-1005 Exceptions: 1. A person invited tot remises or place by the occupant or owner of the premises or place. 2. Any sales under a curt dCder. 3. The sale of a new paper su'l~scription in which the seller is a person engaged ' both the livery and sale of the newspaper. 4. The occasiona sale of admissio by local school students to a function of th r school or in supp of a school program or fund raising sales y local service clubs r groups such as Optimists, Elks, Kiwan' ,Rotary, Lions, Boy or irl Scouts. 5. Garage, yard or similar sales by individ Is at their residence or place of t~usiness not exceeding three (3) eparate sales in one calendaryear, not to exceed three (3) days ach, which sales shall not include business inventory or items at have been purchased for the purpose of resale from anot er garage sale. 6. Any political group or candidate seeking funds, m bership or support. 7. A bona fide auction sale. 3-1006 Application: Any person desiring a license to engage as a v dor, VENDORS, PEDDLERS AND SOLICITORS ORDINANCE peddler, or solicitor within the City of Meridian shall make plication therefor to the City C{erk on a form to be provided whi hall state the following information, but which shall not necessarily be limited to the following information: PAGE 2 177 1. Name and Address of the applicant. If the applicant is an association, company or corporation, then it shall state its r along with the names and descriptions of those who will be soliciting in the city. / Address, both headquarters and local. 3. A brief description of the nature of the business a the goods o be sold and in the case of farm or garden pro ucts, whether p oduced or grown by the applicant. 4. If a ployed, the name and address of the mployer, together with edentials establishing the exact re tionship between the emplo er and the applicant. 5. The prop sed method of operation, I ngth of time for which the right to do usiness is desired and ' a motor vehicle is to be used, a des ription of the same to ether with license number and other me ns of identification 6. Whether a per it or license iss ed to the applicant has been revoked during a last five (5) ears, and if so, where and when. 7. A statement as tow ether a applicant, or any partner or any officer or director has. A. Forfeited bail B. Been arrested C. Convicted D. Fined E. Jailed; or F. Placed 9'n probation for any vid(ation of the law. 8. The place wh re the goods or property oposed to be sold, or orders taken for the sale thereof, are man factured or produced, where such goods or products are located the time said application is filed, and the proposed metho f delivery. 9. When th applicant proposes to sell any prepay food product for hum consumption, a certification from the C ntral District Health istrict and/or any other applicable license r quired shall be req fired prior to the issuance of this license. 10. An a ent upon whom service of process may be made i the Stat of Idaho. 3-1007 nvestigation of Applicant: 1. on receipt of application, or application for renewal, the City Jerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information presented on the application. The Chief of Police shall endorse upon the application the findings of the investigation and return it to the City Clerk. VENDORS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 3 17~ 2. If the applicant or his employer has been convicted of any crime involving morale turpitude within the past five (5) years, or if th applicant has made a false statement on the application, its II be denied. 3. Two (2) photographs of the applicant that are two inch y two inch (2" x 2") showing the head and shoulders of th applicant in a clear and distinguishable manner. 4. Any applicant, or employee of an applicant, sh~f'( be required to have their fingerprints taken as a part of the i estigation. 3-1008 Bond Requirement: Before any license as ovided herein shall be issued for engaging in the business of p dler, vendor or solicitor as defined in this chapter the folio ing must occur: 1. Every applicant plying his trade as n individual, shall file with the City Clerk a surety bond, a ca ier's check, or a letter of credit from a bank in the amoun of one thousand dollars ($1,000.00) running to the city. 2. very business, firm, comp y, individual or corporation, which h s two or more employee or agents acting in the capacity of ve dor, solicitor, or ped r, shall file with the City Clerk a sur ty bond, cashier's c eck or letter of credit from a bank in the amo nt of one thousa dollars ($1,000.00) running to the city for ea h employee or gent. The surety bond must be made by an age t upon whic service of process may be made in the State of daho. 3. Action on t e su ty bond or cashiers check may be brought directly by a y erson damaged by a licensee's violation of any provisions of is chapter. 4. After expira ~on f a license, the City Clerk shall, upon application f the ~censee, return the bond, cashier's check or letter of cr dit nine (90) days after receipt of application for return, u ess the Ci Clerk has been notified of the prudence of any c aim or cause faction by any person upon the bond, cashie s check or lette f credit. 3-1009 License Fees: License fees arged for administration and enforc ent of this chapter sha be established as follows: P ddlers, vendors or solicitors all pay a license fee of: . $25.00 per month or fraction th eof; or 6. $65.00 for three (3)months; or C. $125.00 for six (6) months. 3-1010 Issuance /Denial and Exhibition of License 1. The City Clerk shall notify the applicant when I request is approved, and shall issue a license. 2. The City Clerk shall notify the applicant if his license the reasons therefor, and advise him of his rights to the city council. VENDORS, PEDDLERS AND SOLICITORS ORDINANCE se Hied, ~I to PAGE 4 179 3. The license shall be exhibited in a conspicuous place on the motor vehicle or other mode of transportation if the licensee is using a motor vehicle or other mode of transportation. Otherwise, the license must be kept on the person and exhibit at any time upon request. , 3-1011 Restrictions: 1. No licensee shall have any right to any fixed, regular established location in a public street, sidewalk or ri t of way, nor shall the licensee be permitted to conduct his siness in any congested area where his operations might ' pede or inconvenience the public. The judgement of a. olice officer is eemed conclusive as to whether the area is,r~ongested or the p blic is impeded or inconvenienced. 2. No siness activity shall be carried on ' any area of the city by any li , nsee where such business is p ohibited by the city zoning 'Ordinance. No licensee shall a permitted to conduct his business or trade in or on any c' park, city building, or adjacent grounds. 3. Vendor carts, motor vehicles ar prohibited within fifteen (15) feet of a fire hydrant, fire esc e, bus stop or loading zone. 4. Business activity as regula d by this chapter shall only be conducted on private prop rty with written approval of the property owner. 5. Hours of operation: V ndors, peddlers or solicitors shall be allowed to engage in eu- licensed business only between 9:00 a.m. and one half (1 ) hoer after sunset. All vending stands, carts, or vehicles st be r moved from public property during non-vending hour .The city council may make an exception to the usual hours f operation i special event permit is sought. 6. Removal of tr h: All trash or d ris accumulating within twenty (20) feet of a y vending stand sh I be collected by the vendor, peddler or s licitor and deposited i trash containers. All vendors or tiddlers stifling food orb verages must provide trash rec tacles adjacent to or as a rt of their stands. 3-1012 Unlawful 1Conduct: No licensee hereundershall: 1. Misr present the purpose of, or affiliation of ose engaged in the olicitation, peddling or vending. 2. C ntinue efforts to solicit or peddle to an individu I once that i dividual informs the solicitor or peddler that they o not wish to ive or purchase anything from that solicitor, peddle or vendor. Represent the issuance of any license under this chapt~as an endorsement or recommendation of solicitation. 4. Enter upon any premises when the same is posted with a sic stating "No peddlers allowed", or "No solicitation allowed", or "No vendors allowed", or other words to such effect. 5. Knowingly make any false statement on an application for a license. VENDORS, PEDDLERS AND SOLICITORS ORDINANCE PAGE 5 180, 3-1013 Revocation of License: The city council has the power to revoke any license granted in accordance with this chapter for any of the following causes: 1. Fraud, misrepresentation or false statement contained in th application for license; 2. Fraud, misrepresentation or false statement made in a course of conducting the business or trade. 3-101 Penalty: Any person who violates any of the provi 'ons of this chapter shall be guilty of a misdemeanor and, as unishment therefor, shall be fined not more that three hun ed dollars ($300.00) or serve for more than six (6) mont in the county jail, or both. Additionally, any applicant for a licens having signed under oath upon penalty of perjury may be prose uted under the laws of the State of Idaho pertaining to perjury if ny portion of the application is found to be untrue or if th applicant has been found o have violated the Idaho Consumer rotection Act. 3-1015 C nstitutionality: In the event a portion or segment of this ch pter is found to be unconstitu onal, the remaining portion shall be affected and enforceable. SECTION 3. FFECTIVE DATE: WHEREAS, there is an emergency therefor, which force and effect from law. PASSED AND CITY OF MERIDIAN P RT D. ATTEST: ~.~~ WILLIAM G. I 7-7-98 - Fins is hereby dec,Yared to exist, this Ordinance shall be in full after its passage, approval and publication according to this 7T" day of July, 1998. ,~~ ~ t7~ c?~~ ERG, JR. ITY CLERK ? SQL ~I ~ ~1~,_ T c~ "G~ ~. V NDORS, PEDDLERS AND SOLICITORS ORDINANCE MAYOR PAGE 6 ~.