Chapter 5.60
SOLICITORS AND MOBILE VENDORS
Sections:
5.60.060 Nonprofit registrations.
5.60.080 Surrendering of license.
5.60.010 Definitions.
As used in this chapter:
A. “Food” shall have its usual and ordinary meaning and shall include all items designed for human consumption, including, but not limited to, candy, coffee, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products.
B. “Merchandise” shall have its usual and ordinary meaning, including, but not limited to, such items as tools, clothing, furniture, toys, and appliances.
C. “Services” shall have its usual and ordinary meaning and shall include the performance of any act done for compensation, including, but not limited to the acts of cleaning, repairing, entertaining, delivering, advising, adjusting, moving, insuring, protecting, and/or maintaining.
D. “Mobile vending” means offering food, merchandise or services for sale to the general public from a vehicle, conveyance, or a nonpermanent structure or place of business.
E. “Mobile vendor” means the person, firm or corporation, either as a principal or agent, which engages in mobile vending as defined herein.
F. “Public celebration” means Independence Day activities or any other time of public celebration designated by the mayor such as Memorial Day or Labor Day and such events as sidewalk sales, parades, and street fairs which are officially authorized by the city council.
G. “Solicitation” or “soliciting” means selling, offering or exposing for sale, or trading, dealing, or trafficking in any personal property, food, merchandise, or service, either at wholesale or retail, in the city by going from house to house, business to business, or from place to place or by indiscriminately approaching individuals, businesses, or organizations, including sales by sample or for future delivery.
H. “Solicitor” means the person, firm or corporation, either as a principal or agent, which engages in solicitation as defined herein.
I. “Standard working day” means the normal work days of regular, full-time employees at City Hall (Monday through Friday, 8:00 a.m. to 5:00 p.m. except weekends and holidays).
J. “Mobile ice cream vendor” means a person, firm or corporation, either as a principal or agent, which engages in the mobile vending of ice cream and/or frozen novelty items for immediate human consumption. (Ord. 2023 § 2, 1999; Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.020 Applicability.
General business license provisions (Chapter 5.02 EMC) shall apply to this special license, in addition to provisions listed in this chapter. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.030 License required.
A. These are special licenses and are required in addition to any other city business license the applicant may hold or may be required to hold.
B. The holder of a valid general business license (as provided for in Chapter 5.02 EMC) may be issued a mobile vendor license for food, services, and merchandise, if the food, service, or merchandise being offered for sale as a mobile vendor is the same as or similar to that offered for sale from the permanent place of business under the general business license. In the case of this exemption, the special license fee shall be waived.
C. Each individual solicitor or mobile vendor shall obtain a solicitor/mobile vendor license, and shall be required to carry and display the solicitor or mobile vendor license on their person whenever engaged in solicitation or mobile vending.
D. Application for a solicitor/mobile vendor license must be made at least two working days before the license may be issued.
E. The city licensing officer shall have the authority to issue or deny a solicitor or mobile vendor license. When determining whether a particular individual should be granted a solicitor or mobile vendor license, the city licensing officer shall consider only the following factors:
1. Whether the sales method employed by the applicant would tend to harass, annoy, or intimidate members of the community so as to detrimentally affect the health, safety, or welfare of the community, as evidenced by past recommendations and/or complaints from members of the community, comments received from the applicant’s references and/or comments received from other individuals familiar with the applicant or the applicant’s business; and
2. Whether the applicant has been convicted of a felony within the past 10 years, or a misdemeanor within the past five years, the nature of which directly relates to the applicant’s ability to deal honestly and fairly with the public in a nonthreatening and nonintimidating manner; and
3. Whether comments received from the applicant’s references and/or the applicant’s previous employers reflect well on the applicant’s honesty, fair dealing, and the integrity of the applicant’s past business practices.
F. The city licensing officer shall design application forms for each license enumerated in the this title so as to evaluate each applicant’s fitness under the appropriate factors, set forth above. Each applicant shall be required to complete the entire application form and abide by any requests made of the city licensing officer under this chapter. The failure to complete the form and provide all requested information may result in denial of the license. It shall be unlawful for any individual to intentionally provide false information or to intentionally omit requested information on an application for any license governed by this chapter. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.040 Fee and term.
The fee for a solicitor/mobile vendor license shall be as designated in the city’s fee resolution as it now reads or is hereinafter amended, except as noted in EMC 5.60.030(B). (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.050 Exemptions.
A. Newspaper delivery persons are exempt from this chapter.
B. Owners of vehicles displaying a “for sale” sign on a vehicle, for the sale of that vehicle by its owner, are exempt from this section.
C. Solicitations or vending in association with a public celebration, which shall include nonprofit groups, are exempt from this section; provided the solicitor or mobile vendor has properly registered with the party or organization sponsoring the public celebration, and provided the solicitor or mobile vendor carries and displays proof of that registration whenever engaging in solicitation or mobile vending.
D. Mobile vendors who vend entirely outside of the public rights-of-way are exempt from any insurance requirements as part of a mobile vendor’s license. (Ord. 2731 § 1 (Exh. A), 2022; Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.060 Nonprofit registrations.
A. To engage in the solicitation of money or the sale of any food, service, merchandise, thing or ticket of any kind, where the proceeds of such solicitation or sale are to be used for any educational, religious, patriotic, historical, fraternal, political, charitable or benevolent purpose, or for the relief of any person or persons or of the public generally, a solicitor’s or mobile vendor’s license is not required, so long as the party or organization is registered under subsection B of this section.
B. Persons or organizations who qualify under subsection A are required to register with the city license officer with the following information prior to commencing such activities:
1. The name, address and telephone of the group or organization;
2. The name, address and telephone of a contact person for the group or organization;
3. The purpose of the solicitations to be conducted in the city;
4. Proof of nonprofit status as defined in Chapter 5.02 EMC;
5. A list of the names of the persons acting on behalf of the group or organization and the dates and times during which they will be soliciting in the city.
C. The city licensing officer shall issue qualified applicants a nonprofit registration card, which each solicitor and/or mobile vendor must carry and display on their person whenever engaged in solicitation or mobile vending.
D. Persons acting on behalf of the group or organization qualifying under this subsection shall at all times during the solicitations wear identification clearly showing their affiliation with said group or organization. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.080 Surrendering of license.
Licensees shall surrender solicitor/mobile vendor licenses to the city license officer upon their expiration. (Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).
5.60.090 Violation – Penalty.
Failure to comply with any of the above requirements, or the following, shall be in violation of this chapter:
A. Parking regulations as contained in EMC Titles 10 and 12, as amended;
B. Shall not obstruct the passage along any sidewalk, street, alley or parking lot by causing a congregation of people, nor annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons;
C. Shall not sell on the street side of the vehicle or conveyance;
D. Shall comply with all clauses and regulations of the King County health department regarding food handling;
E. Shall not misrepresent facts to the city license officer or to the public;
F. Shall not engage in soliciting any time other than the standard work day, as defined herein;
G. Shall not sell, operate or supply any good or service unless properly licensed by the state and/or county;
H. Shall comply with all requirements enumerated in this chapter;
I. Shall not engage in soliciting or mobile vending in any area of the city other than the areas which are classified in the city’s zoning code as follows:
1. NB Neighborhood Business;
2. CB1 Central Business;
3. CB2 Central Business;
4. HCB Highway Community Business;
5. GO General Office;
6. LI Light Industrial;
Except ice cream mobile vending may occur in any zoning district of the city during the days of the year which are classified as Daylight Saving Time and Monday through Sunday, the operating times shall be limited to 8:00 a.m. to 8:30 p.m.
A violation of any provisions of this chapter shall be a misdemeanor offense and punishable as set forth in the Enumclaw Municipal Code. (Ord. 2680 § 1, 2020; Ord. 2023 § 3, 1999; Ord. 2013 § 1, 1999; Ord. 1901 § 1, 1996; Ord. 1798 § 3, 1993).