Chapter 5.18
ITINERANT MERCHANTS
Sections:
5.18.010 Registration and fee payment.
5.18.020 Definitions.
5.18.030 Exemptions.
5.18.040 Applicability of other ordinances.
5.18.050 Itinerant merchant registration fee.
5.18.060 Procedure for obtaining itinerant merchant registration.
5.18.070 Review by chief of police.
5.18.080 Issuing official.
5.18.090 Itinerant merchant registration nontransferable.
5.18.100 Right to refuse registration.
5.18.110 Additional regulations.
5.18.120 Excise tax returns—State of Washington Department of Revenue.
5.18.130 Compliance with other laws.
5.18.140 Registration revocation and cancellation.
5.18.150 Acts declared as nuisance.
5.18.160 Penalties.
5.18.010 Registration and fee payment.
It is unlawful for any itinerant merchant to transact, exercise, engage in or carry on, either directly or indirectly, within the limits of the city of Prosser, any trade, business, occupation or activity for which a registration is required or a registration fee provided without first procuring such registration and paying such fee. Such registration shall not be valid for more than thirty days from the date of issuance. (Ord. 1927 § 2 (part), 1997).
5.18.020 Definitions.
In construing the provisions of this chapter, except when otherwise declared, apparent or clearly appearing from the context of the passage or section, the following definitions shall be applied:
A. Business. The word “business” includes all activities, occupations, trades, pursuits or professions located and/or engaged in within the city, with the object of gain, benefit, or advantage to the taxpayer, or to another person or class of persons, directly or indirectly. Each business location shall be deemed a separate business.
B. Engaging In Business. The term “engaging in business” means commencing, conducting or continuing in any business, and also the exercise of corporate or franchise powers, as well as liquidating a business with the liquidators holding themselves out to the public as conducting such business.
C. Itinerant Merchant. “Itinerant merchant” means any individual, firm, partnership, company, corporation, association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society or any group of individuals acting as a unit who intends to engage in or carry on any business on a particular site within the city for a period of time less than thirty days.
D. Registrant. The word “registrant” includes any person who engages in business as an itinerant merchant or who is required to have an itinerant merchant registration, or who performs any act, for which a registration fee or tax is imposed by this chapter. (Ord. 1927 § 2 (part), 1997).
5.18.030 Exemptions.
The provisions of this chapter shall not apply to the following;
A. Any organization whose purpose is charitable or which is a nonprofit entity;
B. Any religious organization or church, or other religious assemblage;
C. Any person who is, by the laws of the United States of America or the state of Washington, exempt from obtaining an itinerant merchant registration;
D. Any municipality or political subdivision of the United States or the state of Washington;
E. Suppliers who do not have a place of business in the city and who are engaged solely in wholesale selling to registered retailers;
F. Subcontractors doing work for registered contractors;
G. Vendors in a bazaar or community fair for which a business registration has been given to the sponsor thereof under Chapter 5.04;
H. Persons selling trees commonly utilized for the Christmas holiday celebration;
I. Persons who are operating a business on a temporary site in conjunction with their established business which is located within the city and has a currently valid city business registration under Chapter 5.04 of this code for that business on that temporary site;
J. Artisans who produce their own art or craft work and are invited to exhibit and sell their art and craft work as part of a community event sponsored by an established charitable or nonprofit organization in the city;
K. Vendors of prepared foods who are invited to sell their products as part of a community event sponsored by an established organization in the city. (Ord. 2563 § 1, 2006: Ord. 1927 § 2 (part), 1997).
5.18.040 Applicability of other ordinances.
The provisions of Section 5.18.030, dealing with exemptions from the provisions of this chapter, shall not allow any of the exempt organizations, or persons, from conducting business or activities which would subject it to the requirements of any other ordinance of the city relating to taxes, fees or licenses, particularly, although not so limited thereto, gambling, amusement devices, or any other tax or license fee required to be purchased or paid for carrying on that particular activity. (Ord. 1927 § 2 (part), 1997).
5.18.050 Itinerant merchant registration fee.
Unless it is otherwise provided by provision in a chapter of the Prosser Municipal Code for the registering of a special, named, enumerated or specific business or activity, the registration fee for itinerant merchants shall be as follows:
A. There shall be paid at the time of application for an itinerant merchant registration a nonrefundable application fee of one hundred dollars. The application fee shall be paid for each application which is made for a specific time period. Should an individual, firm, partnership, company, corporation, association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society or any group of individuals acting as a unit, make multiple applications, it shall be understood that a nonrefundable application fee shall be paid for each application, regardless of the time-frame in which the applications are made.
B. In addition to the fees specified in subsection A of this section, each itinerant merchant whose application is approved shall pay a registration fee of twenty-five dollars per day for each day that the itinerant merchant applied for and wishes to engage in business in the city.
This registration fee is a fee for the privilege of doing and conducting business within the city limits of the city. Any other section of this chapter or any other ordinance of the city requiring a license or tax for conducting a specific and named activity shall be in addition to this itinerant merchant registration fee. There shall be no set off or credit given for this registration fee unless such ordinance or section of an ordinance so allows. (Ord. 1927 § 2 (part), 1997).
5.18.060 Procedure for obtaining itinerant merchant registration.
A. Any person, persons, company, corporation or association who wishes to transact, exercise, engage in or carry on, either directly or indirectly, within the city limits of the city, any trade, business, occupation or activity for which an itinerant merchant registration is heretofore required, unless otherwise exempted under Section 5.18.030, must make application with the city clerk at least fifteen days prior to the requested effective date of the registration. The application for itinerant merchant registration shall include, but not be limited to, the following information and shall be accompanied by the registration fee as defined in Section 5.18.050(A):
1. The name of the applicant, the applicant’s address and telephone, along with a statement of all persons having an interest in the business, either as proprietors or owners of the business, including their addresses and their telephone numbers;
2. The name of the business;
3. The names, addresses and telephone numbers of all persons who will be conducting business under the registration applied for;
4. The physical location (address) of the place where the business will be conducted;
5. A description of the trade, shop, business, profession, occupation or calling to be carried on within the city;
6. A copy of the applicant’s certificate from the Washington State Department of Revenue which shall show the tax number (UBI number) of the business;
7. A copy of the applicant’s Benton County department of health certificate, if foodstuffs are a part of the business in which the itinerant merchant is engaging;
8. The name, address and telephone number of a local contact for the business;
9. A signed copy of the rental or lease agreement from the owner of the property on which the itinerant merchant business will be conducted;
10. A certificate of insurance with a minimum of five hundred thousand dollars public liability and property damage, which shall also include product liability coverage, and which shall name the city of Prosser as an additional insured. Upon cancellation or termination of such insurance, the registration shall be revoked and canceled without notice;
11. The date of the application;
12. The signature of the applicant.
B. Verification of proper zoning will be made by the city clerk’s office prior to the approval of the issuance of any itinerant merchant registration. Any business who does not meet zoning requirements for the type of business in the zone for which an application has been made will not be issued a registration until zoning requirements have been met.
C. If any statement in the application is found to be untrue, or becomes untrue, the registration shall be thereupon deemed to be revoked and canceled without notice. (Ord. 1927 § 2 (part), 1997).
5.18.070 Review by chief of police.
All applications shall be subject to review by the chief of police, who shall perform a full investigation of the applicant, as well as all persons who will be conducting business under the registration applied for. The chief of police will report to the city clerk within five working days. A finding in this investigation that the applicant has engaged in fraudulent or deceptive trade practices shall be grounds for denial of an itinerant merchant registration. (Ord. 1927 § 2 (part), 1997).
5.18.080 Issuing official.
The city clerk shall be the official of the city charged with the duty of issuing the registrations required. (Ord. 1927 § 2 (part), 1997).
5.18.090 Itinerant merchant registration nontransferable.
No itinerant merchant registration issued within the city limits shall be transferable. Only the individual(s) to whom the registration is issued shall be eligible to operate on that registration. (Ord. 1927 § 2 (part), 1997).
5.18.100 Right to refuse registration.
A. The issuing official may, if it is deemed in the best interest of the city, refuse to issue a registration to any person, and the person so refused shall not engage in any business for which a registration as required has been refused.
B. Upon refusal to grant a registration, the aggrieved party shall have the right to appeal the decision to the city council. The appeal shall be received, in written form, by the city clerk within ten days of the date of refusal to register the business. The city council must then review the application and the reasons for the refusal to register within thirty days from the date of the receipt of the notice of appeal.
C. Upon a hearing of the facts, the city council shall then have the right to either uphold the refusal or accept the application for registration upon payment of the registration fee and any other tax or license imposed upon the business. The council must make its decision within thirty days of the date of their review at a city council meeting.
D. The parties shall be bound by the decision of the council, subject to the right of appeal to the superior court of the state of Washington, County of Benton; the court having jurisdiction over these matters. (Ord. 1927 § 2 (part), 1997).
5.18.110 Additional regulations.
A. No itinerant merchant shall use any excessive noisy device to attract attention to his wares or shall shout or call his wares in a loud, boisterous manner.
B. All conveyances and receptacles used by itinerant merchants to carry foodstuffs or other edibles shall be kept in a clean and sanitary condition, and all foodstuffs and other edibles shall be protected from dirt, dust, insects, and other contaminations.
C. No itinerant merchant shall stand or allow his vehicle to stand upon any public right-of-way, sidewalk or any city owned property, unless permission is so granted by the city council.
Upon any violation of this section, the permit shall be deemed revoked and canceled without notice. (Ord. 1927 § 2 (part), 1997).
5.18.120 Excise tax returns—State of Washington Department of Revenue.
All persons, firms and corporations who perform labor, services and construction, or who sell goods or any other items deemed taxable by the state of Washington Department of Revenue, within the city (as provided in Rule II, WAC 458-20-145), shall report the city “Location Code Number 0303” on their excise tax returns to the state of Washington Department of Revenue. (Ord. 1927 § 2 (part), 1997).
5.18.130 Compliance with other laws.
The issuance of an itinerant merchant registration shall not relieve the applicant from the requirement to comply with all other applicable laws of the state of Washington, laws of the United States, and laws and regulations of the city, including, but not limited to, zoning, building code, fire code, IRS regulations and other tax and license regulations. (Ord. 1927 § 2 (part), 1997).
5.18.140 Registration revocation and cancellation.
A violation of any of the provisions of this chapter shall be grounds for revoking and canceling any permit under this chapter without notice. (Ord. 1927 § 2 (part), 1997).
5.18.150 Acts declared as nuisance.
Any and all acts intended for the purpose of evading the intent of this chapter shall be considered as declared a nuisance, and is a violation of this chapter. (Ord. 1927 § 2 (part), 1997).
5.18.160 Penalties.
Any person convicted of any violation of this chapter shall be punished as set forth in Prosser Municipal Code Section 1.28.010. (Ord. 1927 § 2 (part), 1997).