Chapter 5.20
PEDDLERS, HAWKERS AND TRANSIENT BUSINESSES

Sections:

5.20.010    Definitions.

5.20.020    License – Required – Exemptions.

5.20.030    License fees.

5.20.040    License application and administrative review procedure – Peddlers and hawkers.

5.20.050    License application and administrative review procedure – Transient business.

5.20.060    Repealed.

5.20.062    Repealed.

5.20.064    Repealed.

5.20.065    Appeal of denial, suspension, or revocation of license.

5.20.066    Repealed.

5.20.070    Repealed.

5.20.010 Definitions.

A. Casual or Isolated Sale. “Casual or isolated sale” means a sale made by a person who is not engaged in the business of selling the type of property involved.

B. Hawker. “Hawker” means as follows: Every person, either as principal or agent, selling or offering for sale any goods, wares, services or merchandise, articles, things or personal property of whatsoever name, nature or description, by peddling the same from house to house or upon any street, highway or public place, who shall make public outcry or give any musical or other public entertainment or make any public speech to draw customers or attract notice is defined to be hawker within the meaning of this chapter.

C. Peddler. “Peddler” means as follows: Any person either as principal or agent, who carries goods, wares, services and merchandise, articles, things or personal property of whatsoever name, nature or description from house to house, place to place, or upon any street, highway or public place within the city, for sale, is defined to be a peddler within the meaning of this chapter; any person who goes from house to house, dwelling place to dwelling place or upon any street, highway or public place within the city, soliciting or taking order for the purchase or sale of goods, wares, services or merchandise, articles, things or personal property of whatsoever name, nature or description to be delivered in the future, is also defined to be a peddler within the meaning of this chapter.

D. Transient Business Operator. “Transient business operator” means any person either as principal or agent who sells goods, wares, services or merchandise at a fixed location on public or private property not within a permanent structure or building. A permanent structure or building is one which rests on a foundation and which substantially complies with the International Building Code. (Ord. 849 § 1, 1983: Ord. 694 § 3 (part), 1982).

5.20.020 License – Required – Exemptions.

A. Except as provided in this chapter, it is unlawful for any person to conduct a transient business, peddle or hawk any article or thing of value, goods, services or merchandise, or engage in the business of conducting a transient business, hawking or peddling within the city, as defined in Section 5.20.010, without first having obtained a license therefore and in the manner hereinafter prescribed.

B. Except as provided in Sections 5.20.040 and 5.20.050 nothing in this chapter shall apply to:

1. Casual or isolated sale as defined in Section 5.20.010 of this chapter;

2. Associations and any community chest, fund or foundation, organized and operated exclusively for religious, scientific, public or other charitable purposes or for the prevention of cruelty to children or animals, no part of the earnings of which inures to the benefit of any private shareholder, member or individual, and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, and which does not participate in, or intervene in any political campaign on behalf of any candidate for public office;

3. Civic leagues, corporations or organizations not organized for profit, but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to employees of a designated person or persons in a particular municipality and the net earnings of which are devoted exclusively to charitable, educational or recreational purposes;

4. Clubs organized and operated exclusively for pleasure, recreation and other nonprofitable purposes, no part of the earnings of which inure to the benefit of any private member or shareholder;

C. Nothing in this chapter shall apply to:

1. Peddlers of agricultural, horticultural or farm products which they may grow or raise;

2. Vendors of newspapers. (Ord. 849 § 2, 1988: Ord. 694 § 3 (part), 1982).

5.20.030 License fees.

The license fees for peddlers, hawkers and transient businesses shall be set by the city council by resolution. The license fees shall be payable at the time of application or a license and are nonrefundable administrative fees. (Ord. 808 § 1 (part), 1987: Ord. 694 § 4, 1982).

5.20.040 License application and administrative review procedure – Peddlers and hawkers.

A. Applicants for peddlers and hawkers licenses shall provide the city clerk with a written application describing the proposed business in detail and specifically including as a minimum the following:

1. The proposed manner of operation of the business;

2. The goods, wares, services, merchandise or articles to be offered for sale;

3. The proposed hours of operation and the proposed areas of operation.

B. The city administrator or its designee shall review the application and prepare a written report. The city administrator’s report shall address the administrator’s concerns and shall specifically address but is not limited to the issues of public safety, pedestrian traffic, vehicular traffic, public disturbance and noise concerns. The city administrator or its designee shall grant, deny or condition the license based on the written report and deliver the decision and a copy of the written report to the applicant within ten days of the city’s receipt of the license application.

C. The city may inspect to determine compliance with any conditions or requirements imposed pursuant to subsection B of this section, and if the licensee, peddler, hawker or business is not in compliance, the city may revoke the license. A new application may be made following revocation. (Ord. 849 § 3, 1988: Ord. 808 § 1 (part), 1987: Ord. 694 § 5, 1982).

5.20.050 License application and administrative review procedure – Transient business.

A. Applicants for transient business licenses shall provide the city clerk with a written application describing the proposed business in detail and specifically including as a minimum the following:

1. The proposed manner of operation of the business;

2. The goods, wares, services, merchandise, or articles to be offered for sale;

3. The proposed hours of operation;

4. The proposed location of operation;

5. Available parking;

6. The proposed fire safety features and proposed lighting.

B. For those transient businesses subject to the exemptions specified in Section 5.20.020B, the application shall, in addition to those items specified in this section, include all locations where business is to be conducted and shall be subject to only one initial review by the city administrator or its designee and need not make further application for each location.

C. The city administrator or its designee shall review the application and proposed site and prepare a written report. The city administrator’s report shall address the administrator’s concerns and shall specifically address, but is not limited to public health, public safety, pedestrian traffic, parking, vehicular traffic, lighting, public disturbance and noise concerns. In addition, the city fire chief shall provide the city administrator with a written report addressing fire safety issues. The written report of the fire chief shall be included in the city administrator’s written report. The city administrator or its designee shall grant, deny or condition the license based on the city administrator’s written report and deliver the decision and a copy of the written report to the license application.

D. The city may inspect to determine compliance with any requirements imposed pursuant to subsections B and C of this section, and if the licensee or business is not in compliance the city may revoke the license. A new application may be made after revocation. (Ord. 849 § 4, 1988: Ord. 808 § 1 (part), 1987: Ord. 694 § 6, 1982).

5.20.060 Conditioning/denial of license.

Repealed by Ord. 1501. (Ord. 1141 § 15, 1999: Ord. 808 § 1 (part), 1987: Ord. 694 § 7, 1982).

5.20.062 Revocation of license.

Repealed by Ord. 1501. (Ord. 1141 § 16, 1999).

5.20.064 Reinstatement procedures and standards for reviewing an application for reinstatement.

Repealed by Ord. 1501. (Ord. 1141 § 17, 1999).

5.20.065 Appeal of denial, suspension, or revocation of license.

In the event a license under this chapter is denied, conditioned, suspended or revoked, the applicant or licensee may appeal the decision under the uniform code enforcement, Chapter 2.80. (Ord. 1501 § 7 (Exh. E) (part), 2015).

5.20.066 Judicial appeal.

Repealed by Ord. 1501. (Ord. 1141 § 18, 1999).

5.20.070 Penalty.

Repealed by Ord. 1501. (Ord. 808 § 2, 1987).