Chapter 5.08
PEDDLERS, VENDORS AND TEMPORARY MERCHANTS1
Sections:
5.08.010 Definitions.
5.08.020 Application process and exemptions.
5.08.030 License approval, appeals and exemptions.
5.08.040 Special conditions – Mobile unit vendors.
5.08.050 License fees, terms and exemptions.
5.08.060 License revocation/denial.
5.08.070 Conventions – Festivals.
5.08.080 Site requirements.
5.08.090 Temporary merchant/vendor general requirements.
5.08.100 Responsibilities.
5.08.110 Penalty for violation.
5.08.010 Definitions.
In construing the provisions of this chapter, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied:
(1) “Temporary merchant” includes any person who sells, or offers for sale, any goods, wares, merchandise, food or anything of value, for a period in excess of two days in any one location, except from within a permanent building they own or lease. The provisions of this chapter shall not apply to public officers selling property under authority of law and to persons selling property under court order.
(2) “Permanent building” means a structure constructed on a permanent foundation, and hooked up to city water, sewer, and drainage. Permanent structures must also have restrooms and washing areas.
(3) “Peddler” means any person, either as agent or principal, who carries goods, wares, merchandise or food of whatever nature or description from house to house, building to building or upon any street, highway or public place within the city for the purpose of selling such goods, wares or merchandise or soliciting orders for the same. Exempt from this definition are newspapers.
(4) “Vending of food from a mobile unit” means the vending of edible merchandise from a mobile unit traveling city streets for the purpose of selling edible merchandise. Exempt from the meaning of this definition shall be those mobile units used specifically for the delivering only of food pursuant to orders taken at an established place of business. Also exempt from this definition are: meals on wheels and food basket or hot food delivery, by churches or other not-for-profit charitable organizations, to the elderly, sick or physically challenged.
(5) “Solicitor for profit” includes any person who goes or communicates from house to house, from place to place, or from street to street, soliciting or taking, or attempting to take orders for the sale of goods, including magazines, books, periodicals or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such order, or whether or not he is collecting advance payment on such order, or who in such matter, requests information which, to a reasonable person, appears calculated to ultimately result in the solicitation of orders for merchandise or services to be rendered of any nature.
(6) “Charitable” means any charitable, religious or nonprofit organization or corporation which has received tax exempt status under IRC 501(C)(3), 26 USCA 501(C)(3) as adopted or as hereafter amended. A copy of said tax exemption will be filed with the city clerk.
(7) “Solicit” and “solicitation” mean the request, directly or indirectly, for money, credit, property, financial assistance or other thing of value on the plea or representation that such will be used for a charitable purpose as hereafter defined. “Solicit” and “solicitation” shall include the following methods of requests, collections for receipts:
(a) Any oral or written request;
(b) The sale of, offer or attempt to sell any change, coupon, device, tag, emblem, ticket, book, card, magazine, membership, merchandise, subscription, advertising space or other thing in connection with which an appeal is made for a charitable purpose or any statement is made that the whole or any part of the proceeds from such sale will be donated to or will go to a charitable purpose. (Ord. 932, 1996).
5.08.020 Application process and exemptions.
License applications under this chapter shall be made to the city clerk on forms prescribed by that office. The application must be filed at least 30 days prior to the commencement of the activity proposed. All applications will be reviewed by the police, public works, and planning departments and such other department(s) as determined necessary by the city clerk. The information on the application shall include, but not be limited to the following:
(1) Name and physical description of the applicant;
(2) Local address where all notices may be mailed to the applicant;
(3) Phone number where the applicant may be reached;
(4) A brief description of the nature and method of the business, and goods to be sold, or services solicited or provided;
(5) If an agent or employee, the name and address of the principal or employer;
(6) If a vehicle is to be used, a description of the vehicle, the name of the person or company to whom the vehicle is registered, together with vehicle license number or other means of identification;
(7) A copy of a current valid driver’s license;
(8) For any permit where handling of food is involved, applicant should supply:
(a) A copy of the current foodhandlers permit from the Snohomish County health department;
(b) A declaration that he/she is free of infectious, contagious or communicable disease. If applicant is not free of infectious, contagious or communicable disease, the license may be denied;
(9) License applications for Stanwood Mayfest and other special city events are exempt from this section and shall be licensed as provided in Chapter 5.01 SMC. (Ord. 932, 1996).
5.08.030 License approval, appeals and exemptions.
(1) On the receipt of an application with appropriate license fee, the city clerk shall prepare and deliver to the applicant a license, which shall require the approval signature of the city clerk, and all other appropriate city department heads. The application must show:
(a) The name, address and telephone number of the applicant;
(b) The kind of goods to be sold or solicited to be sold;
(c) Amount of fee paid;
(d) Date of issuance;
(e) Duration of license;
(f) License number, registered ownership, identifying description of any vehicle to be used by the licensee;
(g) Current driver’s license number and state of issuance of license, of any driver’s license displayed by the licensee.
(2) The city clerk shall keep a permanent record of all licenses issued.
(3) If the license is denied, for reasonable cause, any license fee previously paid shall be retained by the city to defray costs of investigation.
(4) As a condition precedent to the issuance of a license to conduct business as a temporary merchant under this chapter, an applicant must obtain and retain a minimum of $500,000 public liability and property damage insurance, which shall include product liability coverage, naming the city as an additional insured.
(5) Any person aggrieved by the action of the city clerk, in the denial of an application, or revocation of his license, may apply for an appeal through the mayor or his designated representative within 14 days after notice of the action complained of has been mailed to him. Such appeal shall be made by filing a written statement setting forth fully the grounds for the appeal; the mayor shall evaluate the appeal proposal and set a time and place for hearing before the city council on such appeal, and notice shall be given to the appellant in the same manner as herein provided for notice of hearing on revocation. The decision and order of the council on such appeal shall be final and conclusive.
(6) It is lawful for any farmer, gardener or other person, without license, to sell, deliver or peddle any fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm produce or edibles raised, caught, produced or manufactured by such person. Such persons are specifically exempt from payment of license fees under the provisions of this chapter. Claim for such exemption must be made by application and approved through the city clerk. (Ord. 932, 1996).
5.08.040 Special conditions – Mobile unit vendors.
(1) A vendor from a mobile unit shall not use radios or any other sound devices to attract public attention unless in accordance with Chapter 9.50 SMC.
(2) The vendor shall provide, for public use, a receptacle of adequate size on said unit for the deposit of refuse. Appropriate recycling containers shall also be provided.
(3) The owner or operator of such mobile unit vending or peddling edible food shall fully comply with any and all federal, state, county and city laws regarding the purity of such food and the cleanliness of such unit.
(4) Mobile units must be 200 feet from an existing and stationary like business.
(5) Insurance, as required by SMC 5.08.030(4) shall be required. (Ord. 932, 1996).
5.08.050 License fees, terms and exemptions.
(1) Temporary Merchants. The fee for a temporary merchant’s license shall be as listed in SMC 3.30.090. This license shall not exceed 15 days in duration. A temporary merchant’s license will be issued only twice in a 12-month period, and the two permits shall not be issued consecutively. Approved vending carts that can be moved daily by hand and are located immediately adjacent to a store which has approved restrooms and sanitary facilities are exempt from this requirement.
(2) Peddlers and Solicitors. The fee for a peddler’s license shall be as listed in SMC 3.30.090. The fee shall be per peddler, and shall not be prorated for any part of a license year.
(3) Mobile Unit Vending. The license fee for mobile unit vending shall be as listed in SMC 3.30.090.
(4) Charitable Solicitations. The license fee for charitable solicitations shall be as listed in SMC 3.30.090. A license for service clubs, churches, schools and other not-for-profit organizations will be issued for a one-year time period, which will begin on January 1st of each year and not be prorated. The organization sponsoring the solicitation shall secure the license.
(5) Identification for Charitable Solicitors. Each solicitor shall carry proper credentials identifying him/herself and the sponsoring organization.
(6) Exemptions. A declaration of exemption, if exemption is claimed, in which case the license fee need not be paid unless the applicant shall be found not entitled to exemption, whereupon the license fee shall forthwith be paid if the applicant desires to transact business as a peddler, solicitor or canvasser. (Ord. 932, 1996).
5.08.060 License revocation/denial.
(1) License Revocation – When. Licenses issued under this chapter may be revoked by the city council after notice and hearing for:
(a) Fraud, misrepresentation or false statement contained in the application or in the course of carrying out the licensee’s business; or
(b) Any violation of this chapter; or
(c) Conducting business in any unlawful manner or in such a manner as constituting a breach of the peace or disorderly conduct, or in such manner to constitute a menace to the health, safety or general welfare of the public.
(2) License Revocation – Hearing Notice. Notice of a hearing for revocation of a license shall be given in writing setting forth the grounds for the revocation. Notice shall be mailed to the licensee, certified mail, return receipt requested, addressed to the address set forth on the license application. The time and place of the hearing shall be the next regular council meeting after the 10-day advance notice of the public hearing has been legally published. (Ord. 932, 1996).
5.08.070 Conventions – Festivals.
(1) The promoter, sponsor, or other person, firm, corporation or legal entity of whatever nature or kind organizing a convention, festival, show, bazaar, fair or flea market, which shall include transient or temporary dealers, merchants, peddlers, vendors, canvassers or solicitors, shall obtain a license under this chapter to cover all dealers involved in said event.
(2) Transient dealers, vendors or merchants participating in an event licensed herein shall not be required to have a separate license under this chapter.
(3) The promoter, sponsor or other person is responsible for payment of fees and required information on participants for said event. The following conditions apply:
(a) The application for a festival license must be filed with the city clerk on forms provided by the city at least 30 days before said event (this time limit may be reduced to 20 days at the discretion of the police chief), with an application fee as provided in SMC 3.30.080.
(b) The approximate number of participants expected to be included.
(c) Five days prior to the event, a complete list of persons operating booths shall be submitted to the city clerk, with payment of fees.
(e) The police chief reserves the right to investigate any participating vendor, at his discretion, for the protection of the public welfare.
(f) In the event the police chief determines that a police officer should be in attendance at said event, the cost to cover the salary of the extra officer shall be paid by the sponsor/promoter, in addition to the above fees. (Ord. 932, 1996).
5.08.080 Site requirements.
(1) Private Property. No person shall conduct business under this chapter on private property without written permission from the property owner.
(2) City Property. No person shall conduct business at the same location for more than two days, under this chapter, without obtaining a lease of city right-of-way, as provided in Chapter 14.60 SMC.
(3) Site Plans. Any person applying for a license under this chapter to conduct business for more than two days at any one location shall provide a site plan of the business location and such other plans or drawings as the city may require for approval. All site plans must be reviewed and approved by the public works director and the planning director. (Ord. 932, 1996).
5.08.090 Temporary merchant/vendor general requirements.
Any person seeking a vendor’s license as defined in SMC 5.08.010 and 5.08.020 shall comply with the following requirements:
(1) All advertising shall be on the unit and will not be allowed on the street or sidewalk, except as provided under Chapter 14.32 SMC.
(2) The site must be kept clean and orderly at all times and the vendor must provide a refuse container if their merchandise generates refuse.
(3) The city reserves the right to limit the number of sites allowed in any given area.
(4) If located on a sidewalk, a minimum usable and unimpaired sidewalk clearance of five feet shall be maintained by any street vendor.
(5) If a temporary merchant vendor is located on a street, the operation shall be oriented to the pedestrians on the sidewalk and not the vehicular traffic, if such exposure would interfere with the traffic flow.
(6) Vendors are prohibited in parks unless prior written approval is obtained from the public works department.
(7) Vendors shall comply with all parking requirements as listed in Chapter 17.105 SMC.
(8) Vendors shall not obstruct the passage along any sidewalk, street, alley or parking lot by causing a congregation of people.
(9) Vendors shall not sell within 500 feet of any school grounds during school session or events, except if vendor possesses written permission from the city and the school district.
(10) Vendors shall comply with all city, county, state and federal regulations regarding food handling. (Ord. 932, 1996).
5.08.100 Responsibilities.
The issuance of a license herein provided for shall not relieve the licensee from securing any other license(s) required by state, federal, county or city law. (Ord. 932, 1996).
5.08.110 Penalty for violation.
Violation of this chapter shall constitute a Class B infraction as defined in SMC 13.01.045(1) and subject the violator to enforcement as set forth therein. (Ord. 1112 § 2, 2001; Ord. 932, 1996).
Prior legislation: Ords. 257, 554 and 848.