CHAPTER 5.12
ITINERANT VENDORS

Sections:

5.12.005    Authority.

5.12.010    Definitions.

5.12.020    Itinerant Vendor Permit required.

5.12.030    Application for Itinerant Vendor Permit.

5.12.040    Issuance of Itinerant Vendor Permit.

5.12.050    Standards governing stationary vendors.

5.12.060    Standards governing mobile vendors and peddlers.

5.12.080    Revocation of Itinerant Vendor Permit.

5.12.090    Term.

5.12.100    Renewal.

5.12.110    Transferability.

5.12.120    Health regulations.

5.12.130    Exemptions.

5.12.140    Appeal.

5.12.150    Deposit of Itinerant Vendor Permit fees.

5.12.160    Collection.

5.12.170    Rules.

5.12.180    Penalty.

5.12.190    Severability.

5.12.005 Authority.

The provisions of this chapter is to regulate the activities of Itinerant Vendors, and to promote their dependability. The Itinerant Vendor Permit Fee is levied to defray the costs of regulation and the services provided to the Itinerant Vendor and their customers, and is not to place an undue burden on interstate commerce. (2002: Ord 02-103 §2)

5.12.010 Definitions.

The following terms and definitions shall be used in the administration of this chapter:

"Applicant" means a person who applies to the City for an Itinerant Vendor Permit.

"City Vending Stand" means a stand owned and operated by the City selling services, goods, wares, food or merchandise of any kind.

"Flea Market" means a farmer’s market, "flea" market, antique mart, bazaar, or similar congregation of vendors and/or exhibitors which offers goods or services to the public at the same location.

"Itinerant Business" means the business of soliciting, attempting to take orders, selling and/or delivery of services, goods, wares, food or merchandise of any kind within the corporate limits of the City, which is not conducted from a permanent structure affixed to real property. Provided, that anyone soliciting orders or transacting business with business establishments or retail or wholesale outlets for resale or retail sales by said outlets in the City is not conducting an Itinerant Business. For purposes of this chapter the conduct of business within the City by a Nonresident Building/Service Contractor is an Itinerant Business.

"Itinerant Vendor" means any Person whether as owner, agent, consignee, or employee, whether or not a resident of the City, who engages in or conducts an Itinerant Business. Itinerant Vendors shall consist of Mobile Vendors, Stationary Vendors or Peddlers. A Person so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer. For purposes of this chapter, a Nonresident Building/Service Contractor is an Itinerant Vendor, and each participating vendor in a Flea Market is an Itinerant Vendor, except when a Flea Market is organized and sponsored by an entity described in section 5.12.130(a), where such sponsoring entity shall be the Itinerant Vendor for purposes of obtaining the Itinerant Vendor Permit and paying the Itinerant Vendor Fee.

"Itinerant Vendor Permit" means the permit required by an Itinerant Vendor under the provisions of this chapter.

"Itinerant Vendor Permit Fee" means the fee for an Itinerant Vendor Permit, as described in the City’s Rate Resolution.

"Mobile Vendor" means an Itinerant Vendor who conducts an Itinerant Business from a vehicle or other conveyance upon public streets, sidewalks, alleys or other public ways of the City.

"Nonresident Building/Service Contractor" means those persons conducting business in the construction trade, or providing a contracted service to an individual or individuals within the City, but which do not have a permanent office within the City.

"Peddler" means an Itinerant Vendor who conducts an Itinerant Business by traveling by foot, and not by vehicle or other conveyance.

"Permittee" means the Itinerant Vendor having obtained the Itinerant Vendor Permit described in this chapter.

"Person" means any individual, firm, partnership, company, corporation, association, limited liability company, 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.

"Public Celebration" means a public celebration designated by the City Council such as Memorial Day or Labor Day and such events as sidewalk sales and street fairs which may be organized by the City, or Chamber of Commerce and officially authorized by the City Council.

"Stationary Vendor" means an Itinerant Vendor who conducts an Itinerant Business from a vehicle or other conveyance upon privately or publicly owned property, but not on a public street, sidewalk, alley or public way of the City. (2007: Ed. Note: This section referred to Section 5.12.070, which adopted the Itinerant Vendor Fee, which was repealed by Ord 07-209, in favor of an adopted rate resolution. The foregoing section is therefore changed during compilation to refer to the City’s Rate Resolution; 2003: Ord 03-117 §1; 2002: Ord 02-105 §1; Ord 02-103 §2)

5.12.020 Itinerant Vendor Permit required.

It shall be unlawful for an Itinerant Vendor to engage in any kind of Business within the City, without first obtaining an Itinerant Vendor Permit as a Stationary Vendor, Nonresident Building/Service Contractor, Mobile Vendor or Peddler. A separate Itinerant Vendor Permit shall be required for each location of any Stationary Vendor and Nonresident Building/Service Contractor, for each vehicle or other conveyance used by a Mobile Vendor, and for each Peddler. (2002: Ord 02-105 §2; Ord 02-103 §2)

5.12.030 Application for Itinerant Vendor Permit.

Any Person desiring engage in any Itinerant Business within the City shall secure an Itinerant Vendor Permit by making an application to the Finance Officer/Clerk, on forms provided by the City. Such application shall provide:

A. The name or names and permanent physical address of the Applicant, vehicle license numbers of all vehicles from which the Applicant proposes to conduct an Itinerant Business; description of the general type of services, goods, wares, merchandise or food proposed to be sold by the Applicant; the place, places and/or routes where the Applicant proposes to engage in an Itinerant Business, together with a copy of documentation evidencing the current Uniform Business Identifier number of the Applicant;

B. Each application shall be accompanied with the Application Fee described in the City’s Rate Resolution;

C. Each application for an Itinerant Vendor Permit for a Stationary Vendor or Nonresident Building/Service Contractor shall be accompanied with the following information:

1. A notarized written authorization from the owner of the property on which the Applicant will conduct the Itinerant Business;

2. A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information:

a. The portion of the property to be occupied by the Itinerant Vendor;

b. The portion of the property to be used for automobile parking and the number of automobiles to be accommodated in said area;

c. The location of driveways providing ingress and egress to the property;

d. The location of existing buildings and structures located on the property, and any buildings or structures that may be constructed during the term of the Itinerant Vendor Permit, noting the use of each building or structure so identified.

3. A description of the amount and type of refuse to be generated by the Stationery Vendor and its customers, and the Nonresident Building/Service Contractor on a daily and weekly basis.

D. Each application for an Itinerant Vendor Permit by an entity described in section 5.12.130(a) who organizes and sponsors a Flea Market shall provide the name, permanent address and federal and state tax identification numbers for each participant in the Flea Market. Such information shall be provided not later than five (5) days after each such Flea Market. (2007: Ed. Note: This section referred to Section 5.12.070, which adopted the Itinerant Vendor Fee, which was repealed by Ord 07-209, in favor of an adopted rate resolution. The foregoing section is therefore changed during compilation to refer to the City’s Rate Resolution; 2003: Ord 03-117 §2; 2002: Ord 02-105 §3; Ord 02-103 §2)

5.12.040 Issuance of Itinerant Vendor Permit.

A. Issuance. An Itinerant Vendor Permit shall be issued by the Finance Officer/Clerk upon the application of a Person for an Itinerant Vendor Permit, which application shall include the written approval of the person upon whose property the Itinerant Vendor plans to operate the Itinerant Business, and after obtaining the approval of the Building Official the proposed Itinerant Business complies with the standards set forth in section 5.12.050 or 5.12.060.

B. Form. The Itinerant Vendor Permit shall be in the form determined by the Finance Officer/Clerk and shall bear the name of the Permittee; designate the nature of the Itinerant Business operated by the Permitee; the location where the Itinerant Business is carried on; the date the Itinerant Vendor Permit was issued and will expire; and the amount paid for the Itinerant Vendor Permit. The Finance Officer/Clerk shall keep a record of all Itinerant Vendor Permits issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any Itinerant Vendor Permit issued under this chapter.

C. Display. The Itinerant Vendor Permit shall be available to the Permittee for immediate display upon the request of any officer of the City or any person with which the Itinerant Vendor contacts in the conduct of the Itinerant Business. (2002: Ord 02-103 §2)

5.12.050 Standards governing stationary vendors.

All Stationary Vendors shall conform to the following standards:

A. No Stationary Vendor shall be permitted for a location in a Residential Zoning District, as defined in the Zoning Code, Title 20;

B. The services, goods, wares, food or merchandise, and the conduct of the business of the Stationary Vender shall be consistent with the Zoning Code;

C. No Stationary Vendor shall be permitted for a location within a City Park;

D. No Stationary Vendor shall locate their vehicle, other conveyance, temporary stand or merchandise within twenty feet of any public right-of-way or within twenty feet of the intersection of any public right-of-way and private driveway, or within fifty feet of any property owned by the City;

E. No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized to sell food or merchandise;

F. No vehicle, other conveyance or temporary stand shall locate closer than twenty feet from any building or structure on the permitted property or adjoining property;

G. No vehicle, other conveyance or temporary stand shall locate closer than fifty feet from flammable combustible liquid or gas storage and dispensing structures;

H. At least one 100 gallon garbage receptacle shall continuously be on the site of the Stationary Vendor’s business for use by the Stationary Vendor and the Stationary Vendor’s customers;

I. Permitted sites for Stationary Vendors shall be kept clean of all debris, trash and litter at all times;

J. All merchandise, goods, wares or food shall only be displayed or offered for sale from the Stationary Vendor’s conveyance;

K. All vehicles, other conveyances or temporary stands shall be equipped with at least one 2A-40 BC fire extinguisher;

L. A copy of a current itinerant Vendor Permit shall be posted in a conspicuous place on the vending conveyance. (2002: Ord 02-105 §5; Ord 02-103 §2)

5.12.060 Standards governing mobile vendors and peddlers.

All Mobile Vendors, Stationary Vendors and Peddlers shall conform to the following standards:

A. Geographical Restrictions. No Mobile Vendor, Stationary Vendor or Peddler shall sell or vend from his or her vehicle or conveyance:

1. Within one thousand (1,000) feet of any public or private school grounds during the hours of regular school session, classes or school related events in said public or private school, except when authorized by said school;

2. Within five hundred (500) feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business;

3. Within five hundred (500) feet of any restaurant, cafe or eating establishment which is open for business;

4. Within one thousand (1,000) feet of any public park of the City where any City Vending Stand is operating during times other than during the course of a Public Celebration;

5. Within one thousand (1,000) feet of any public park during the course of a Public Celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food in such park; or

6. Within any one block for more than one and one half (1½) hour in any four (4) hour period. Provided, however, this shall not apply in those situations where the Mobile Vendor is serving organized and sanctioned community sponsored ball games at public parks and schools provided there is no City approved concession in the park or at the school.

B. No Mobile Vendor or Peddler shall conduct business so as to violate the traffic and sidewalk ordinances of the City.

C. The services, goods, wares, food or merchandise, and the conduct of the Itinerant Business of the Mobile Vendor or Peddler shall be consistent with the Zoning Code;

D. No Mobile Vendor or Peddler shall obstruct, or cause to be obstructed, the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where food is being sold or offered for sale.

E. No customer shall be served on the street side of a Mobile Vendor’s vehicle. All service from a Mobile Vendor’s vehicle shall be on the curb side when the Mobile Vendor’s vehicle is on or abutting a public street.

F. No Mobile Vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard.

G. No Peddler shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location except on special permit, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

H. No Mobile Vendor or Peddler nor any person on their behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud-speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of said City or upon any private premises in the City where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell except as provided in Chapter 9.11.

I. At the conclusion of business activities at a given location the Mobile Vendor shall clean the area surrounding the Mobile Vendor’s vehicle of all debris, trash and litter generated by the Mobile Vendor’s Business activities.

J. All Mobile Vendors preparing food by cooking, frying or other means shall be equipped with at least a 2A-40 BC fire extinguisher.

K. A copy of a current Itinerant Vendor Permit shall be posted in a conspicuous place on the vending conveyance.

L. The operation of Stationary Vendors shall be limited to four (4) days during any calendar month, except as follows:

1. for Stationary Vendors holding a valid Itinerant Vendor Permit as a Stationary Vendor on March 1, 2004, and continuously maintaining such Itinerant Vendor Permit thereafter;

2. for the operation of Stationary Vendors engaged in the sale of Christmas trees, which may run from 12:01 am on the day after Thanksgiving until midnight of December 24. (Ord 14-337 §1; Ord 08-246 §2; Ord 04-134 §1; Ord 04-132 §1; Ord 02-105 §6; Ord 02-103 §2)

5.12.080 Revocation of Itinerant Vendor Permit.

Any Itinerant Vendor Permit may be revoked, in writing, by the Finance Officer/Clerk for any of the following causes:

A. Any fraud, misrepresentation or false statement contained in the application for Itinerant Vendor Permit;

B. Any fraud, misrepresentation or false statement made in connection with the selling of products;

C. Any violation of this chapter;

D. Conviction of the Permittee of any felony or of a misdemeanor involving moral turpitude; or

E. Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace, nuisance, or menace to the health, safety or general welfare of the public. (2002: Ord 02-103 §2)

5.12.090 Term.

Subject to renewal, any Itinerant Vendor Permit issued under the provisions of the chapter shall expire thirty (30) days after the date it was issued unless a prior date is fixed in the Itinerant Vendor Permit. (2002: Ord 02-103 §2)

5.12.100 Renewal.

Any Itinerant Vendor Permit issued under the provisions of the chapter may be renewed upon application therefore on or before the expiration of its term, the payment of the Permit Fee set out in section the City’s Rate Resolution, and the determination of the Finance Officer/Clerk the circumstances on which the Itinerant Vendor Permit was originally issued have not changed. (2007: Ed. Note: This section referred to Section 5.12.070, which adopted the Itinerant Vendor Fee, which was repealed by Ord 07-209, in favor of an adopted rate resolution. The foregoing section is therefore changed during compilation to refer to the City’s Rate Resolution; 2002: Ord 02-103 §2)

5.12.110 Transferability.

An Itinerant Vendor Permit shall be personal to the Permittee and not transferable. (Ord 02-103 §2)

5.12.120 Health regulations.

All Itinerant Vendors selling food shall comply with all laws, rules and regulations regarding food handling, and all vehicles used for the sale of food shall comply with all the laws, rules and regulations respecting such vehicles as established by the Grant County Health Department and as set forth in the Quincy Municipal Code. (2002: Ord 02-103 §2)

5.12.130 Exemptions.

This Chapter shall not apply, to the extent specifically described below:

A. Exemptions from the Itinerant Vendor Fee. The following shall be exempt from paying the Itinerant Vendor Fee:

1. Any nonprofit, nonstock corporation or charitable or religious corporation or school clubs (K-12) or distributors of regularly published newspapers who would otherwise fall within the definition of Peddler and any other eleemosynary organization qualified for nonprofit status under the laws of the State of Washington or the Internal Revenue Service. and who distributes goods, wares, merchandise or food through the exclusive use of local members of their respective organizations, whose members conducting such peddling or distribution are local residents who reside within the corporate limits of the City.

2. Those Persons whose Business has an annual gross income of less than one thousand dollars per year, based upon written proof thereof.

3. Any instrumentality of the United States, State of Washington, or political subdivision thereof.

4. Any religious society, association or corporation which operates any charitable hospital, clinic or institution devoted exclusively to the care or healing of human beings; provided, that no exemption is granted where the income thereof inures to the benefit of any physician, surgeon, stockholder, or individual by reason of interest or ownership or in control of such hospital, clinic or other institution. In no event shall any such exemption be allowed, unless the hospital, clinic or institution is entitled to exemption from taxation under property tax law of the State of Washington.

5. Fraternal benefit societies or fraternal fire insurance associations, as described in RCW Title 48; (or) beneficiary corporations or societies organized under and existing by virtue of RCW Title 24, if such beneficiary corporations or societies provide in their bylaws for the payment of death benefits.

6. The activities of persons engaged in or carrying on the business of selling or furnishing electric light and power or natural gas or in carrying on telegraph and/or telephone business, or in carrying on the business of selling or supplying domestic water, sewer services or the collecting and disposing of garbage and/or sewage or other waste, including the Sanitary Service Department of the City of Quincy; as well as any person in respect to a specific business activity for which a tax liability is specifically imposed by other ordinances of the City, and amendments, thereto or re-enactment thereof, the specific purpose of which is to tax.

7. Any person in respect to insurance business upon which tax based on gross premiums is paid to the State of Washington; provided, however, that the provisions of this subsection shall not exempt any person engaging in the business representing any insurance company as an insurance broker.

8. Any person in respect to his/her employment in the capacity of any employee or servant as distinguished from that of an independent contractor;

9. Churches, schools, orphanages, nursing homes, humane societies and any other eleemosynary organization qualified for tax exempt status under the laws of the State of Washington or the Internal Revenue Service.

10. Credit unions organized under the laws of the State or the United States.

11. "Sheltered work shops" operated by nonprofit organizations. The term "sheltered work shops" as used herein shall be deemed to have the same meaning as set forth in RCW 82.04.385, as the same now exists or may hereafter be amended.

12. Any tax exempt nonprofit company, association, corporation, or co-partnership or whatever kind as defined by the Federal or State governments which operates or conducts a community festival or event.

13. Anyone under the age of sixteen (16).

B. Exemptions from Obtaining Itinerant Vendor Permit. Those persons identified in RCW 36.71.090 shall be exempt from obtaining an Itinerant Vendor Permit and paying the Itinerant Vendor Fee. (Ord 03-117 §3; 2002: Ord 02-105 §7; Ord 02-103 §2)

5.12.140 Appeal.

Any person aggrieved by the denial of an application for an Itinerant Vendor Permit or by the revocation of an Itinerant Vendor Permit as provided for in this chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Finance Officer/Clerk within fourteen calendar days after the notice of decision has been mailed, by first class mail, postage prepaid to the applicant’s or Permittee’s last known address, or by personally serving same on said applicant or Permittee, a written statement setting forth the grounds for the appeal. The City Council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by first class mail to the application of Permittee at least five calendar days prior to the date fixed for such hearing. (Ord 02-103 §2)

5.12.150 Deposit of Itinerant Vendor Permit fees.

All Itinerant’s Vendor Permit Fees received by the City pursuant to the terms of this chapter shall be deposited into the General Fund of the City and budgeted annually for any municipal purpose, as allowed by law, except that the portion attributable to the payment for garbage services shall be deposited into the garbage utility fund. (Ord 02-103 §2)

5.12.160 Collection.

The City may institute suit or action in the Grant County Superior Court for the purpose of collecting any Fees that are due and payable. The City shall be reimbursed its costs and attorney fees incurred to collect the Fee. (Ord 02-103 §2)

5.12.170 Rules.

The Finance Officer/Clerk shall have the power to adopt, publish and enforce rules and regulations for the purpose of carrying out the provisions of this chapter and it shall be unlawful for any Person to violate or fail to comply with any rules or regulations so prescribed. (Ord 02-103 §2)

5.12.180 Penalty.

The failure to comply with any provision of this chapter shall subject the violator to the following cumulative penalties, enforceable by the Building Official, or any other person designated by the Mayor:

A. Civil Penalties. A C-4 penalty, as defined in Chapter 1.01, for each day a Person violates the requirements of this chapter; or

B. Restraint. An order obtained by the City from the Grant County Superior Court restraining the violator from continuing to violate the requirements of this chapter. (Ord 02-103 §2)

5.12.190 Severability.

If any provision or portion of this chapter or its application to any person or circumstance is held invalid, the remainder of the provision, section or portion of this chapter, or the application thereof to other persons or circumstances shall not be affected. (Ord 02-103 §2)