Chapter 5.14
PEDDLERS AND ITINERANT MERCHANTS
Sections:
5.14.010 License required.
5.14.020 Exceptions.
5.14.030 Definitions.
5.14.040 License—Application—Peddler.
5.14.050 License—Investigation and issuance—Peddler.
5.14.060 License—Badge—Peddler.
5.14.070 License—Duty of police officer.
5.14.080 License—Application—Itinerant merchant.
5.14.090 License—Review and issuance—Itinerant merchant.
5.14.095 License fees.
5.14.098 License—Violation penalties.
5.14.100 License—Revocation.
5.14.110 License—Appeal of license denial or revocation.
5.14.120 Chapter provisions nonexclusive.
5.14.010 License required.
It is unlawful for:
A. A transient merchant, itinerant merchant or itinerant vendor to engage in such business in the city without first obtaining a license therefor in compliance with the provisions of this chapter;
B. Any person to engage in the business of peddler in the city without first obtaining a permit and license therefor in compliance with the provisions of this chapter. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 2, 1988: prior code § 9-451)
5.14.020 Exceptions.
The provisions of this chapter shall not apply to any individual who is engaged in an activity which is authorized by any church or charity. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 3, 1988: prior code § 9-458)
5.14.030 Definitions.
As used in this chapter:
A. “Peddler” includes any person, whether or not a resident of the municipality, traveling by foot, wagon, motor vehicle, or any other type of conveyance, from place to place, from house to house, or from street to street, carrying, conveying, or transporting ice cream and frozen treats, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, motor vehicle, railroad car, or other vehicle or conveyance.
B. “Itinerant merchant” is defined as any person who engages in a temporary business of selling or offering to sell any goods, wares, merchandise or services from a stand, cart, tent or other structure not permanently affixed to real property. Itinerant merchants, for purposes of this chapter, shall be classified as one of the following types: vending cart, seasonal produce stand, Christmas tree sales, seasonal food stand, or fireworks stand. All itinerant merchants are further regulated by the Midvale City zoning ordinance and are approved in a specific location only.
1. “Vending cart” is defined as a small wheeled, nonmotorized device from which to sell food and/or merchandise for immediate consumption or use. The vending cart shall be moved from its approved location at the close of each day of operation. A vending cart business license shall be valid for a period not exceeding one year.
2. “Seasonal produce” is defined as the sale of fresh fruits and vegetables sold from a temporary location.
3. “Seasonal food stand” means a small temporary structure from which to sell food items for immediate consumption during a limited time period.
4. “Christmas tree sales” is defined as the sale of Christmas trees and related seasonal merchandise from a temporary location.
5. “Fireworks stand” is defined as the sale of fireworks as defined and authorized by Chapter 8.06 of the Midvale Municipal Code from a temporary location. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 11/20/2007O-16 § 1 (part), 2007: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 1, 1988: prior code § 9-452)
5.14.040 License—Application—Peddler.
Persons applying for a peddler type of business license shall submit the following information to the license administrator:
A. A completed business license application form, as provided by Midvale City;
B. A completed supplemental information form, as provided by Midvale City;
C. If the applicant is employed by or an agent of another person, the name and permanent address of such other person or persons;
D. A passport photograph of the applicant, taken within six months immediately prior to the date of filing the application;
E. An original background investigation report from the bureau of criminal identification on the applicant. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003)
5.14.050 License—Investigation and issuance—Peddler.
A. On receiving the application, the license administrator shall refer it to the chief of police who shall cause such investigation of the applicant’s business and moral character to be made as he deems reasonable and necessary for the protection of the public good.
B. If as a result of the investigation the applicant’s character or business responsibility is found to be unsatisfactory, the chief of police shall endorse such upon the application together with a statement of his reasons therefor and return the application to the license administrator who shall notify the applicant that his application has been disapproved and that no permit and license will be issued.
C. If as a result of such investigation, the character and business responsibility of the applicant is found to be satisfactory, the chief of police shall endorse such upon the application and return it to the license administrator who shall upon payment of the prescribed license fee deliver to the applicant his permit and issue a license. Such license shall contain the signature of the issuing officer and shall show the name, address and photograph of the licensee and the kind of goods to be sold pursuant to the application together with an expiration date. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 5, 1988: prior code § 9-454)
5.14.060 License—Badge—Peddler.
The police department shall issue to each licensee at the time of delivery of his license a badge which shall contain the words “Licensed Peddler,” for which the application was made and the license issued, and the number of the license in letters and figures easily discernible from a distance of five feet. Such badge shall, during the time peddlers are engaged in the business for which they are licensed, be worn constantly by them on the front of their outer garment in such a way so as to be conspicuous. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97X (part), 1997; Ord. 11-22-88B § 7, 1988: prior code § 9-456(A))
5.14.070 License—Duty of police officer.
It shall be the duty of any police officer of the municipality to require any person seen soliciting, canvassing or peddling, and who is not known by such officer to be duly licensed, to produce his or her license and to enforce the provisions of this chapter. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 9, 1988: prior code § 9-456(C))
5.14.080 License—Application—Itinerant merchant.
Persons applying for an itinerant merchant type of business license, including vending cart, seasonal produce, special event, temporary retail, Christmas tree sales or fireworks stand, shall submit the following information to the license administrator:
A. A completed business license application form, as provided by Midvale City;
B. A completed supplemental information form, as provided by Midvale City;
C. If the applicant is employed by or an agent of another person, the name and permanent address of such other person or persons;
D. A site plan (illustration), drawn to scale, showing the exact location of the itinerant merchant (including all components of the business) with setbacks to buildings, sidewalks, roadways, driveways, parking, fire hydrants, and other important features shall be provided. A photograph or illustration showing components of the business, including cart and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be provided, as well as other information required to show compliance with the applicable requirements;
E. A signed affidavit of property owner approval including an agreement granting access to restroom facilities for the use of the itinerant merchant. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003)
5.14.090 License—Review and issuance—Itinerant merchant.
A. Upon receiving the application, the license administrator shall refer it to the city planner for review of compliance with the applicable zoning ordinance requirements.
B. If as a result of the review, the applicant’s proposal is found to not comply with the applicable zoning ordinance requirements, the applicant shall be notified of the deficiencies. The applicant shall be given an opportunity to correct the deficiencies. If the deficiencies cannot be corrected in a manner found to be satisfactory to the city planner, the city planner shall not authorize zoning approval. The license administrator shall then notify the applicant that the application has been denied and no license will be issued.
C. If as a result of the review, the applicant’s proposal is found to comply with the applicable zoning ordinance requirements, the city planner shall authorize zoning compliance and return the application to the license administrator who shall ensure that all other applicable requirements have been satisfied. Once all the requirements have been satisfied including but not restricted to positive recommendations from the building division, fire marshal, police department and Salt Lake Valley health department, the license administrator shall issue a license. Such license shall contain the name and address of the licensee, the type of itinerant merchant and the kind of goods being sold, the address of the approved location to do business, and an expiration date. Included with the business license shall be a copy of the approved site plan required for zoning compliance. This site plan shall remain at the approved business location along with the business license at all times. The business license shall be within public view at all times. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003)
5.14.095 License fees.1
All business license application fees required under Chapter 5.08 shall be paid at the time of application. Additional fees may be required for other necessary permits, licenses, etc., under separate city ordinances. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003)
5.14.098 License—Violation penalties.
If a peddler, itinerant merchant, vending cart, seasonal produce, special event, temporary retail, Christmas tree sales or fireworks stand business has violated this or any other applicable part of the Midvale Municipal Code while conducting business with a permit issued under this chapter, the business owner shall be penalized as follows:
A. The first offense shall result in a warning and the licensee/business shall within twenty-four hours bring the business into compliance with the Municipal Code or the license issued under this chapter shall be revoked.
B. The second offense shall result in the licensee/business having the license issued under this chapter revoked immediately and the licensee/business shall be prohibited from obtaining a license under this chapter for one year from the date of the offense.
C. The third offense shall result in the licensee/business having the license issued under this chapter revoked immediately and the licensee/business shall be prohibited from obtaining a license under this chapter. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009)
5.14.100 License—Revocation.
A. Permits and licenses issued pursuant to this chapter may be revoked by the chief of police or the license administrator, under the provisions of Chapter 5.04, for any of the following causes:
1. Fraud, misrepresentation or a false statement contained in the application for the license;
2. Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler or itinerant merchant;
3. Any violation of this chapter or violation of other applicable ordinances that has not been brought into compliance within twenty-four hours of the issuance of a warning;
4. Conviction of any crime or misdemeanor involving moral turpitude;
5. Conducting the business of peddling, or other temporary business, in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
B. Notice of the hearing for revocation of a license shall be given in accordance with the provisions of Chapter 5.04. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 10, 1988: prior code § 9-456(D))
5.14.110 License—Appeal of license denial or revocation.
Any person aggrieved by the action of the chief of police or the license administrator in the denial or revocation of a license issued pursuant to this chapter may appeal the denial or revocation through the procedures established in Chapter 5.04. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 11, 1988: prior code § 9-456(E))
5.14.120 Chapter provisions nonexclusive.
This chapter shall not be construed so as to waive the provisions and requirements of any other ordinance of the municipality and the requirements and fees required herein shall be in addition to any other requirements and fees of any other ordinance of the municipality. (Ord. 5/5/2009O-9 § 1 (Att. A) (part), 2009: Ord. 5/16/2006O-5 § 1 (part), 2006: Ord. 8/23/2005O-12 (part), 2005: Ord. 10/28/2003O-12 (part), 2003: Ord. 11-22-88B § 13, 1988: prior code § 9-457)
Code reviser’s note: Ordinance 10/28/2003O-12 added this section as 5.14.100. It has been editorially renumbered to avoid duplication.