CHAPTER 4
VENDORS, SOLICITORS AND TEMPORARY MERCHANTS

SECTION:

3-4-1:    Purpose

3-4-2:    Definitions

3-4-3:    License Required

3-4-4:    Exceptions

3-4-5:    Application

3-4-6:    Bond Requirement

3-4-7:    License Fees

3-4-8:    Issuance/Denial And Exhibition Of License

3-4-9:    Restrictions

3-4-10:    Unlawful Conduct

3-4-11:    Renewals

3-4-12:    License Expiration

3-4-13:    Solicitor Procedures

3-4-14:    Penalty

3-4-1 PURPOSE:

The purpose of this chapter shall be to protect the health, safety and welfare of residents of the city and to protect its citizens from crime by means of regulation of vendors, solicitors, and temporary merchants.

The provisions of this chapter 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 which are commercial in nature. (Ord. 596, 7-14-1992)

3-4-2 DEFINITIONS:

For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.

 

BUSINESS DAY:

Any calendar day except Saturday, Sunday, and any other Idaho state holiday as defined in Idaho Code section 67-5302(12).

CITY CLERK:

The licensing officer.

MIDBLOCK CROSSWALK AREA:

The sidewalk area which falls between the two (2) lines fifteen feet (15’) beyond each side of a marked midblock crosswalk area (identified by the crosswalk lines delineated on the street pavement) and perpendicular to the curb.

MOBILE VENDING CART:

A movable push cart that is operated by a vendor standing on the sidewalk.

MOBILE VENDING TRAILER:

A mobile trailer operated by a vendor standing on or within the frame of the trailer on the public right-of-way between the curb lines.

MOBILE VENDING VEHICLE:

A motorized vehicle operated by a vendor standing on or within the frame of the vehicle on the public right-of-way between the curb lines.

PREPARED FOOD:

Food sold by a vendor that is prepared at the point of sale.

SIDEWALK:

That portion of the public right-of-way which is between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians in public places of Garden City.

SIDEWALK VENDING:

The peddling, vending, selling, displaying or offering for sale any item of tangible personal property or other thing of value from a mobile vending cart by a vendor to persons on the public rights-of-way including sidewalks.

SOLICITOR/SOLICITATION:

The term solicitor shall include persons who go from place to place within the city and sell or offer to take orders for the making, manufacturing or repairing of any article or thing for present or future delivery, whether that person collects advance payment for such sales or not.

 

The foregoing definition of solicitation shall not include the distribution, circulation, mailing, posting or publishing of any handbill, written advertisement, or publication. Nor shall the term solicitor include persons who have been previously asked or invited to come to a home or place to take orders or offer to take orders.

SPECIAL EVENT:

The temporary use, with a valid permit, of public or private property, including streets, beaches, parks, community centers, and waterways, for the purpose of conducting certain short term events such as art shows, music concerts, fundraising events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, sporting events, including, but not limited to, organized float trips, contests, street dances, tournaments, walkathons, marathons, races, exhibitions, or related activities.

STREET CORNER AREA:

The sidewalk area at the intersection of two (2) streets, circumscribed by curbs, the property lines abutting the sidewalk area, and the line including the point along the curb of the street either fifteen feet (15’) from the outside line of a corner crosswalk, or where there is no marked crosswalk, twenty-five feet (25’) from the curb line on the midpoint of the intersecting streets.

STREET VENDING:

The peddling, vending, selling, displaying or offering for sale any item of tangible personal property or other thing of value from a mobile vending trailer or vehicle situated on the public rights-of-way between the curb lines by a vendor to persons: (1) on the sidewalk; or (2) on the street only if the street has been blocked off and closed to public motor vehicle traffic by the Ada county Highway District (ACHD), and ACHD provided written approval of such activity.

TEMPORARY:

Three (3) months or less.

TEMPORARY MERCHANT:

Any person whether owner or otherwise, whether a resident of the city or not, who engages in a temporary business of selling and delivering food, beverages, goods, wares, merchandise or services within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure or motor vehicle within the city for the exhibition and sale of food, beverages, goods, merchandise or services.

VENDOR:

Any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders to sell food, beverages, goods, wares, merchandise or services from a stand, cart, motor vehicle or any other type of conveyance or from his or her person.

 

The word vendor shall include the words: "hauler," "huckster," and "peddler." (Ord. 596, 7-14-1992; amd. Ord. 1011-19, 8-26-2019)

3-4-3 LICENSE REQUIRED:

It shall be unlawful to act as a vendor, solicitor, or temporary merchant, or to employ another in such business, within the meaning and application of this chapter, without first securing a license to do so from the city clerk. (Ord. 596, 7-14-1992)

3-4-4 EXCEPTIONS:

The provisions of this chapter shall not apply to the following:

A.    Any sales under a court order;

B.    Traveling sales persons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for future delivery, from local businesses, local governments, local schools, or local wholesale firms;

C.    The sale of farm or garden products by the person producing the same;

D.    The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;

E.    The occasional sale of admission by local school students to a function of their school; or fundraising sales by local service clubs or groups such as Optimists, Elks, Kiwanas, Lions, Boy or Girl Scouts;

F.    Any political group seeking funds or membership;

G.    Garage, yard, or similar sales by individuals at their residence or place of business not exceeding two (2) 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; or

H.    Any organization exempt from taxation as provided by 26 USC 501 and meeting all the requirements for the exemptions provided by USC 503;

I.    Any business activity otherwise licensed under Garden City code;

J.    Vehicle emission and testing vendors certified by the Ada County air quality board.

K.    Follow up visits resulting from sales methods other than those regulated by this chapter. (Ord. 88, 1-3-1956; amd. Ord. 596, 7-14-1992)

3-4-5 APPLICATION:

Any person desiring a license to engage as a vendor, solicitor, or temporary merchant within the city shall make application therefor to the city clerk on a form to be provided, stating, but not necessarily limited to, the following information:

A.    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;

B.    Address - both headquarters and local;

C.    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;

D.    If employed, the name and address of the employer, together with credentials establishing the exact relationship between the employer and the applicant;

E.    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;

F.    Whether a permit or license issued to the applicant has been revoked during the last five (5) years, and if so, where and when;

G.    A statement as to whether the applicant, or any partner or any officer or director has: 1) forfeited bail; 2) been arrested; 3) convicted; 4) fined; 5) jailed; or 6) placed on probation for any violation of the law;

H.    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;

I.    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; and

J.    When the applicant proposes to sell any prepared food product for human consumption, a certification from the Central District health district and a Garden City food and drink license shall be required prior to the issuance of this license. (Ord. 596, 7-14-1992)

3-4-6 BOND REQUIREMENT:

Before any license as provided herein shall be issued for engaging in the business of vendor, solicitor, or temporary merchant as defined in this chapter the following must occur:

A.    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 five hundred dollars ($500.00) running to the city.

B.    Every business, firm, company or corporation, which has two (2) or more employees or agents acting in the capacity of vendor, solicitor or temporary merchant, shall file with the city clerk a surety bond covering all such employees or agents and running to the city, or a cashier’s check in the amount of five hundred dollars ($500.00) per employee or agent to a maximum of two thousand five hundred dollars ($2,500.00). The surety bond must be made by an agent upon which service of process may be made in the state of Idaho.

C.    Action on the surety bond or cashier’s check may be brought directly by any person damaged by a licensee’s violation of any of the provisions of this chapter.

D.    After expiration of a license, the city clerk shall, upon application of the licensee, return the bond or cashier’s check ninety (90) days after receipt of application for return, unless the city clerk has been notified of the pendency of any claim or cause of action by any person upon the bond or cashier’s check.

E.    After being renewed for licensure under this chapter for a second year following the first year of licensure, and without claims against the surety bond, the above bonding requirements may be waived. (Ord. 596, 7-14-1992)

3-4-7 LICENSE FEES:

License fees charged for administration and enforcement of this chapter shall be established pursuant to title 1, chapter 11 of this code. (Ord. 636, 2-15-1995)

3-4-8 ISSUANCE/DENIAL AND EXHIBITION OF LICENSE:

A.    The city clerk shall notify the applicant whether his license request is approved and shall issue a license.

B.    The city clerk/treasurer shall notify the applicant if his license is denied, the reasons therefor, and advise him of his rights of appeal to the city council.

C.    The license issued to the licensee hereunder by the city clerk shall be exhibited conspicuously at the place of business, or in the case of solicitors, on the person engaging in solicitation activity.

D.    No license issued hereunder shall be transferable. (Ord. 596, 7-14-1992)

3-4-9 RESTRICTIONS:

A.    General Restrictions: No vendor, solicitor or temporary merchant shall have any exclusive right to any location on a street or other public right-of-way or sidewalk, nor shall they be permitted to operate in any congested area where his or her operations might impede or inconvenience the public.

Street vending cannot be conducted with a mobile vending cart. Street vending from a mobile vending trailer or mobile vending vehicle to a person(s) on the street may only be conducted if the street has been blocked off and closed to public motor vehicle traffic by ACHD, thereby ensuring that the business activity will be regulated and carried out in areas that are not congested and will not otherwise impede or inconvenience the public. ACHD must provide written approval of such activity before the activity may be conducted.

Business activity as regulated by this chapter may be conducted on private property only if written approval of the property owner is given prior to the commencement of the business activity.

No business activity regulated by this chapter shall be conducted on the Garden City greenbelt.

No business activity regulated by this chapter shall be conducted in any area or at any location of the city by anyone licensed pursuant to this chapter, where such business activity is prohibited by any other section of this code or local, state, or federal law.

The judgment of a public safety officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

B.    Prohibited Locations: A mobile vending cart, trailer or vehicle shall not be located:

1. Where clear pedestrian passage on the public sidewalk is less than five feet (5') wide;

2. Within a midblock crosswalk area;

3. On the portion of a public sidewalk crossed by a public or private driveway or within ten feet (10') of either side of the driveway;

4. Within any street corner area;

5. Within five feet (5') from a perpendicular line drawn to the curb from either side of a doorway;

6. In a manner in which the movement or visibility of vehicles using the street or other public right-of-way is obstructed;

7. Within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire or police station.

C.    Parking Restrictions: Mobile vending trailers and mobile vending vehicles must at all times be parked in a legal manner. Vending operations on the street shall be conducted only to pedestrians on sidewalks unless the street has been blocked off and closed to public motor vehicle traffic by ACHD, and ACHD provided written approval of such activity. No service to the public shall be made from the street side of the vehicles unless the street has been blocked off and closed to public motor vehicle traffic by ACHD, and ACHD provided written approval of such activity.

D.    “Open for Business” Sign: To differentiate between mobile vending trailers or mobile vending vehicles that are merely legally parked on the street from those that are actively engaged in vending operations, any street vending cart, trailer or vehicle must place an “open for business” sign on the cart, trailer or vehicle in a conspicuous manner when the vending operations are open for business. This sign must be taken down when vending operations have ceased.

E.    Hours Of Operation: Vendors and solicitors shall be allowed to engage in their licensed business only between nine o’clock (9:00) A.M. and one (1) hour after sunset unless located in a commercially zoned area. All vending stands, carts or vehicles must be removed from public property during nonvending hours. If an event permit is sought, the city council may make an exception to the usual hours of operation.

F.    Removal Of Trash: All trash or debris accumulating within twenty feet (20’) of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands. (Ord. 596, 7-14-1992; amd. Ord. 1011-19, 8-26-2019)

3-4-10 UNLAWFUL CONDUCT:

No licensee hereunder shall:

A.    Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;

B.    Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;

C.    Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation;

D.    Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect; or

E.    Commit fraud, make misrepresentations or false statement on the course of carrying on the business. (Ord. 596, 7-14-1992)

3-4-11 RENEWALS:

Licenses may be renewed under the same provisions as original license issuance. (Ord. 596, 7-14-1992)

3-4-12 LICENSE EXPIRATION:

A.    All licenses issued under the provisions of this chapter for vendors and solicitors shall expire on December 31 of the year the license was issued.

B.    All licenses issued under the provisions of this chapter for temporary merchants shall expire at the end of each calendar quarter in which the license was issued. (Ord. 596, 7-14-1992)

3-4-13 SOLICITOR PROCEDURES:

A.    Orders: All orders taken by a licensed solicitor shall be in writing in duplicate stating the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser at the time of taking said order.

B.    Cancellation Of Sale: The buyer shall have the right to cancel the solicitor sale within three (3) business days. (Ord. 596, 7-14-1992)

3-4-14 PENALTY:

Any person, business, firm, company, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. Each day of violation continues shall be a separate offense, punishable as hereinabove described. (Ord. 88, 1-3-1956; amd. Ord. 596, 7-14-1992)