Chapter 5.16
TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS

Sections:

5.16.010    DEFINITIONS.

5.16.020    LICENSE - REQUIRED.

5.16.030    LICENSE - TERMS.

5.16.050    LICENSE - INSPECTION.

5.16.060    SPECIAL CONDITIONS - MOBILE FOOD VENDORS.

5.16.010 DEFINITIONS.

In construing the provisions of this chapter, the following definitions shall be applied.

(a)    "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director’s behalf.

(b)    "Peddler" means any person, either as agent, employee or principal, who carries goods, wares or merchandise of whatever nature or description or any person who offers services 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 solicitory orders for the same. Exempt from the meaning of this definition shall be newspapers.

(c)    "Temporary merchant" means and includes anyone who, with intent to engage temporarily, transiently or itinerantly in such business in the City, sells goods, wares or merchandise or offers services and has no permanent location within the City; provided, a farmer, gardener, or other person who sells, delivers or peddles any fruit, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person is exempt from requirements of this chapter.

(d)    "Vending of food from mobile unit" means a mobile unit travelling 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.

(e)    "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. (Ord. 5343 §16, 2017: Ord. 5158 §1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §1, 1986)

5.16.020 LICENSE - REQUIRED.

It is unlawful to engage in business as a peddler or mobile food vendor in the City without first obtaining a regulatory license in addition to a business license. It is unlawful to engage in business as a temporary merchant without first obtaining a regulatory license. A temporary merchant regulatory license shall be issued in lieu of a business license and licensee shall be exempt from payment of City business and occupation taxes. Applications for regulatory licenses shall be filed with the Tax and License Division of the Department of Community Development. (Ord. 5343 §17, 2017: Ord. 5158 §1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §2, 1986)

5.16.030 LICENSE - TERMS.

(a)    Temporary Merchants. This license shall not exceed thirty (30) days in duration. A temporary merchant’s license will be issued only twice in a calendar year. If a temporary site is used for itinerant sales, it must be situated on private property. The site and any temporary structure, excluding motor vehicles and trailers, must be approved by the building official and planning and fire departments before license issuance.

(b)    Peddlers. The fee for a peddler’s license shall not be prorated for any part of a license year. The license must be carried by the vendor.

(c)    Mobile Food Vending. This license is required for each vehicle. The vehicle license plate number must be submitted and will be printed on the regulatory license. The license must be posted inside the vehicle. Vendors are responsible for notifying the City, in writing, of any license plate number changes. (Ord. 5158 §1 (part), 2011: Ord. 4368 §7, 1992; Ord. 4162 §5, 1988; Ord. 4032 §4, 1986)

5.16.050 LICENSE - INSPECTION.

Any person engaging in the business of peddling, temporary merchant or mobile vending, as defined in this chapter, who has obtained a license therefor from the Director, shall on demand by any police officer or business and occupations tax license official forthwith produce the same for inspection. (Ord. 5343 §18, 2017: Ord. 5158 §1 (part), 2011: Ord. 4032 §8, 1986)

5.16.060 SPECIAL CONDITIONS - MOBILE FOOD VENDORS.

(a)    Vendors from mobile units shall not use radios or any other sound devices to attract public attention unless in accordance with Chapter 6.32 BMC.

(b)    A receptacle of adequate size shall be provided on such unit for the deposit of refuse.

(c)    The owner or operator of such mobile food vending unit shall fully comply with any and all federal, state and City laws regarding the purity of such food and the cleanliness of such unit.

(d)    A certificate of insurance naming the City as additional insured for general liability coverage and evidencing proof of automobile liability coverage shall be provided before license issuance and subsequently kept current.

(1)    The minimum general liability coverage shall be five hundred thousand dollars ($500,000) combined single limit bodily injury and property damage and shall include products liability.

(2)    The minimum automobile liability coverage shall be five hundred thousand dollars ($500,000) combined single limit per accident for bodily injury and property damage.

(e)    Vending shall occur only on the curbside of the vehicle and shall not impede adjacent parking stalls if conducting business on a City right-of-way.

(f)    Customer lines for service shall not impede pedestrian traffic nor shall they encroach into the roadway or interfere with vehicular traffic.

(g)    Mobile vending units shall not park in locations that will create site distance problems for traveling motorists.

(h)    No signs are allowed on areas adjacent to or outside the mobile vending unit. Signs are allowed on the immediate structure of the mobile vending unit.

(i)    Vendors shall obey all traffic laws and will comply with the Bremerton Municipal Code. (Ord. 5158 §1 (part), 2011: Ord. 4162 §5, 1988; Ord. 4032 §3, 1986)