Chapter 5.16
STATIONARY VENDORS AND SOLICITORS
Sections:
5.16.050 Investigation and determination.
5.16.080 Expiration of license.
5.16.090 Exhibition of license—Transfer.
5.16.110 Location and standards.
5.16.120 Revocation of license.
5.16.140 Violation and penalty.
5.16.010 License required.
It shall be unlawful for any person, firm, or corporation to engage in business as a stationary vendor or solicitor (as hereinafter defined) within the city of Mattawa without obtaining an annual license in compliance with the provisions of this chapter. A separate license shall be required for each location of any stationary vendor and for each vehicle or other conveyance used by a stationary vendor or solicitor. The license required under this chapter is separate from and in addition to the business license issued under Chapter 5.04, which may also be required when applicable.
(Ord. No. 644, § 1, 12-17-20; Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11; Ord. 415 §1, 2002).
5.16.020 Definitions.
The following terms and definitions shall be used in the administration of this chapter:
“Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not limited to candy, gum, popcorn, hotdogs, sandwiches, peanuts, soft drinks and dairy products.
“Solicitor” shall mean any person who goes from house to house, or place to place, in the city, selling or taking orders for or offering to sell, rent, lease or take orders for the sale, rental or lease of goods, wares, merchandise, services or whatsoever, for present or future delivery, or for the making, manufacturing or repairing of any article or thing whatsoever, for present or future delivery.
“Stationary vendor” shall mean any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the city or not, who engages in a business of selling and delivering goods, wares, food, or merchandise of any kind or description and who may conduct business from a vehicle or other conveyance upon privately or publicly owned property but not on a public street, sidewalk, alley, or public way of the city. A person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant, or auctioneer.
(Ord. 415 §2, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.030 Exemptions.
The provisions of the chapter requiring a license shall not be construed to apply to the following; however, any activity that is exempt from licensing still must comply with the general ordinances of the city of Mattawa, including trash disposal:
A. Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such persons in the state of Washington.
B. Persons selling only trees used for the celebration of Christmas season.
C. Non-profit religious, charitable and educational organizations selling goods for a limited period of time and to raise funds for the organization’s stated purposes.
(Ord. 415 §3, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.040 Application.
Any person, firm, or corporation desiring to secure a license as a stationary vendor or solicitor shall make application to the city, on forms to be provided by the city. Such application shall provide:
A. The name or names and address of the applicant; vehicle license numbers of all vehicles from which the applicant proposes to conduct business; description of the general type of goods, wares, merchandise or food proposed to be sold by the applicant; and the place or places where the applicant proposes to engage in business.
B. Each application for a stationary vendor license shall be accompanied with the following:
1. Proof of registration with the Washington State Department of Revenue, and if the application is a renewal of a license granted in prior years, it must be accompanied by proof of payment in full of all sums due the Department of Revenue for sales, excise, and/or other taxes and fees incurred in the prior year’s operations.
2. The license fee or fees as hereinafter provided.
3. A statement explaining the method of trash and litter disposal being proposed by the vendor.
4. If the business to be conducted will sell food, proof of compliance with all Department of Health rules, regulations and requirements; and compliance with any other regulatory agency rules, regulations and requirements.
5. A certificate of liability insurance in the minimum amount of one million dollars with the city of Mattawa as an additional named insured, providing liability coverage for the operation of the business.
6. A written authorization from the property owner to conduct the applicant’s business at the place so noted on the application.
7. A drawing to a scale not greater than fifty feet per inch and not less than ten feet per inch, which shall depict the following information:
a. The portion of the property to be occupied by the business.
b. The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area.
c. The location of driveways providing ingress and egress to the property shall be approved by the public works director.
d. The location of existing buildings and structures located on the property noting the use of each building or structure so identified.
C. Each application for a solicitor license shall be accompanied with the following:
1. Proof of registration with the Washington State Department of Revenue, and if the application is a renewal of a license granted in prior years, it must be accompanied by proof of payment in full of all sums due the Department of Revenue for sales, excise, and/or other taxes and fees incurred in the prior year’s operations.
2. The license fee or fees as hereinafter provided.
3. The name and address of each employee soliciting in the city, the length of service of each solicitor with the employer, and the personal description of each solicitor. The application shall be accompanied by such credential of identity of each solicitor as may be reasonably required by the clerk/treasurer.
(Ord. 415 §4, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.050 Investigation and determination.
Upon receipt of such application, the city clerk/treasurer shall cause an investigation to be made of such person, firm or corporation as it deemed necessary for the protection of the public good. Such investigation shall include criminal history, if any, and prior violations of any regulatory rules and regulations, including failure to pay in full when due, all sales, excise, and other taxes incurred in the course of business and all other fees due any governmental entity. An application shall be denied by the city clerk/treasurer upon written findings setting forth the reason or reasons for such denial.
(Ord. 415 §5, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.060 License contents.
Any license issued under this chapter shall contain the license number on the license, the date the same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The city clerk/treasurer shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter.
(Ord. 415 §6, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.070 Fees.
An initial application fee of seventy-five dollars shall be submitted with all applications. Following approval of the application, a fee of fifty dollars shall be paid for each business license issued under this chapter. A separate application and license shall be required for each location of a stationary vendor or vehicle operated by a solicitor.
The application fee is not required for a license renewal provided the renewal is for the same location and provided the licensee was licensed at that location within the prior thirty days. Provided, however, that the information required in Sections 5.16.040(B)(1), (2), (4) and (5) must be provided with each renewal request.
In the event a vendor desires to change location, notice shall be given to the clerk/treasurer at least five business days prior to the relocation and a fee of seventy-five dollars shall be levied per request.
(Ord. 415 §7, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.080 Expiration of license.
Any license issued under the provisions of this chapter shall expire on December 31st of the year it was issued, unless a prior date is fixed therein.
(Ord. 415 §8, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.090 Exhibition of license—Transfer.
A. Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein.
B. Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location.
(Ord. 415 §9, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.100 Health regulations.
All food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles used for the sale of food shall comply with all the laws, rules and regulations respecting such vehicles as established by the Grant County Health Department and as may hereafter be set forth in the Mattawa Municipal Code.
(Ord. 415 §10, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.110 Location and standards.
All stationary vendors licensed under this chapter shall conform to the following standards:
A. Stationary vendors may be licensed to operate at a location which will be provided by the city of Mattawa on property owned or controlled by the city. The placement of the vehicle on the property shall be determined by the city. The vendor shall pay a monthly rental fee, to be determined each year by the city, for each month the space is occupied by the vendor’s vehicles. Said rental fee shall include the use of electricity and water provided to the site and the use of restroom facilities provided by the city as well as parking space for customers. It shall not include any provision for the disposal of waste water or garbage of any type and it shall be the responsibility of each vendor to properly and legally dispose of waste water and garbage of all types. A violation of these responsibilities shall be deemed to be a violation of the permit to operate a business as a stationary vendor, and may result in the revocation by the city council of stationary vendor’s license;
B. No stationary vendor shall be licensed for a location in a residential zone as defined in Title 17;
C. No stationary vendor shall locate his or her vehicle, other conveyance, temporary stand, or merchandise within twenty feet of any public right-of-way or within twenty feet of the intersection of any public right-of-way and private driveway;
D. No stationary vendor shall locate his or her vehicle, other conveyance, temporary stand, or merchandise on any property adjacent to Government Road;
E. No vehicle, other conveyance or temporary stand shall be located closer than twenty feet from any building or structure on the licensed property or adjoining property;
F. No vehicle, other conveyance or temporary stand shall locate closer than fifty feet from flammable combustible liquid or gas storage and dispensing structures;
G. No stationary vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the city as now in effect or hereafter amended;
H. No stationary vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where goods, wares, food, or merchandise of any kind is being sold or offered for sale;
I. All vendors shall operate from a location with a hard paved surface or otherwise covered with a dust-free surface;
J. No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized to sell food or other merchandise;
K. All stationary vendors shall place at least one thirty-gallon garbage receptacle upon the site of business for customer use;
L. All sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities;
M. All merchandise, goods, wares or food shall only be displayed or offered for sale from the vendor’s conveyance or temporary stand;
N. All vendor vehicles shall be equipped with at least one 2A40 BC fire extinguisher.
(Ord. 415 §11, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.115 Orders.
All orders taken by solicitors shall be written in duplicate, stating the name as it appears on the permit, the address of both the solicitor and his employer, the terms thereof and the amount paid in advance, and one copy shall be given to the purchaser.
(Ord. No. 565, § 1, 7-2-15).
5.16.120 Revocation of license.
Any license issued pursuant to this chapter may be revoked, in writing, by the city council for any of the following causes:
A. Any fraud, misrepresentation or false statement contained in the application for license;
B. Any fraud, misrepresentation or false statement made in connection with the selling of products;
C. Any violation of any provision of this chapter or the failure to pay taxes and fees when due to any governmental entity imposed in connection with the operation of the business, or the violation of any other regulatory rule or regulation relating to the operation of the business;
D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
E. Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(Ord. 415 §12, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.130 Appeal.
Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter, shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk/treasurer within fourteen calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least five calendar days prior to the date fixed for such hearing.
(Ord. 415 §13, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.140 Violation and penalty.
Any person, firm or corporation in violation of any of the provisions of this chapter shall have committed a code infraction and upon a finding by the municipal court judge that an infraction occurred, such person shall be punished by a civil penalty in the sum of two hundred fifty dollars. Each day of violation shall be a separate infraction for which such penalty shall be imposed.
(Ord. 415 §14, 2002).
(Ord. No. 565, § 1, 7-2-15; Ord. No. 518, § 1, 12-1-11).
5.16.150 Reserved.
Editor’s note—Ord. No. 565, § 1, adopted July 2, 2015, repealed § 5.16.150, which pertained to amended and repealed sections and derived from Ord. No. 415, 2002, and Ord. No. 518, 2011.