Chapter 4.24
PEDDLERS, HAWKERS AND TRANSIENT BUSINESSES
Sections:
4.24.030 License—Required—Exemptions.
4.24.060 Regulations—Transient business.
4.24.070 Procedures for appeal.
4.24.080 Penalty for violation.
4.24.010 Purpose of chapter.
This chapter is an exercise of the police power of the city and is necessary for the protection of the public health, safety and welfare of the citizens of Omak, through the reporting mechanism of a business license for peddlers, hawkers and transient merchants. (Ord. 1251 § 1, 1994).
4.24.020 Definitions.
As used in this chapter:
(1) “Peddler” includes the singular and the plural and shall also mean and include all persons, firms, associations, clubs, copartnership or societies or any other organization. “Peddler” includes all persons traveling by foot, automobile, vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting any goods or materials, appliances or personal property of any kind or nature and offering the same for sale or making sales and deliveries of such articles to purchasers or soliciting orders or subscriptions therefor, or who without traveling from place to place shall sell or offer for sale from a vehicle or other conveyance or from the streets without having a fixed place of business, shall be deemed peddlers subject to the provision of this chapter.
(2) “Transient business operator” means any person either as principal or agent who sells goods, wares, services, or merchandise not at a fixed location on public or private property.
(3) “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.
(4) “Hawker” means 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 a hawker within the meaning of this chapter. (Ord. 1525 § 1, 2003; Ord. 1251 § 2, 1994).
4.24.030 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 4.24.020 without first having obtained a license therefor and in the manner hereinafter prescribed.
(b) The provisions of this chapter shall not apply to the following:
(1) Casual or isolated sales as defined in Section 4.24.020 of this chapter;
(2) Nonprofit activities carried on by religious, charitable, benevolent, fraternal or social organizations where such charitable organization has registered pursuant to RCW Chapter 19.09 as now enacted or hereafter amended;
(3) Public utility companies;
(4) Farmers or gardeners selling their own unprocessed farm products raised or grown exclusively upon lands owned or occupied by them;
(5) Any business which is owned and operated by a person under the age of eighteen years and which does not generate a net income of more than one thousand five hundred dollars per year;
(6) Any instrumentality of the United States, state of Washington, or any political subdivision thereof, with respect to the exercise of governmental functions;
(7) Vendors of newspapers;
(8) Salesman, jobber, or manufacturer’s representative who solicits trade from wholesale or retail dealers in the city as long as the salesman, jobber or manufacturer’s representative remains on the dealer’s premises with permission and without interfering with the business of the dealer;
(9) Conventions of religious, civic, charitable or benevolent groups, non-profit trade associations, concerts and cultural events.
(c) The promoter, sponsor or other person, firm, corporation or legal entity of whatsoever nature or kind organizing a convention, show or sale, which convention, show or sale includes ten or more transient or temporary dealers, merchants or exhibitors, shall obtain a license under this chapter to cover all dealers involved in the convention, show or sale. Transient dealers, peddlers, hawkers, vendors or merchants participating in a convention, show or sale licensed hereunder shall not be required to have separate peddlers’ or transient merchants’ licenses. (Ord. 1251 § 3, 1994).
4.24.040 License fees.
The license fee for peddlers, hawkers and transient businesses shall be paid each calendar year according to the fee schedule set by resolution. (Ord. 1418 § 15, 1999: Ord. 1251 § 4, 1994).
4.24.050 License application and administrative review procedure—Peddlers, transient businesses and hawkers.
(a) Applicants for a license under this chapter shall provide the police department with a written application describing the proposed business in detail and specifically including as a minimum the following information:
(1) The name and address of the applicant, date of birth, social security number and also the name of the true owner if the applicant is not such true owner of the services, goods, wares or merchandise to be sold or exhibited for sale or rent;
(2) The name and address of the employer of the applicant or the persons with whom the applicant is associated and the length of such employment or association;
(3) An estimate of the length of time and a statement of the exact location or parts of the city in which the applicant will pursue the activities in question;
(4) If a vehicle is to be used, a description of the same together with the license number and all other means of identification;
(5) Washington State retail sales tax number;
(6) A copy of the applicant’s picture identification taken within sixty days immediately prior to the date of filing of the application which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(7) The applicant shall allow the police department to take fingerprints of the applicant;
(8) Applicants with a proposed, fixed location shall provide the following information:
(A) Available parking,
(B) Proposed fire safety features, and
(C) Proposed lighting.
(b) The chief of police or designee shall review the application and prepare a written report. The chief of police’s report shall address his/her 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 chief of police or designee shall grant, deny or condition the license based on 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 or Section 4.24.060, and if the licensee is not in compliance, the police chief may revoke the license. A new application may be made following revocation.
(d) The police chief or his/her duly authorized agent or representative shall attempt to verify the statements contained in the application for the license by the applicant. In the event that there are any false statements contained in said application then the license hereunder required may be denied.
(e) All transient merchants licensed under this chapter shall locate their business in compliance with the zoning code of the city. (Ord. 1251 § 5, 1994).
4.24.060 Regulations—Transient business.
(a) It is unlawful for any transient merchant to operate in a congested area where such operation may impede or inconvenience the public use of such street, alley, sidewalk or right-of-way. For the purpose of this chapter, the judgement of a police officer, exercised in good faith, is conclusive as to whether the area is congested and the public impeded or inconvenienced.
(b) It is unlawful for any transient merchant to occupy any property or structure for the purpose of selling, renting, or delivery of goods, wares or merchandise within the city without prior approval of said structure or property by the city. It is the responsibility of the licensee to assure that approval of each specific structure or property is clearly listed on any license issued under this chapter. (Ord. 1251 § 6, 1994).
4.24.070 Procedures for appeal.
(a) Any license applicant aggrieved by the decision of the police chief made in accordance with the provisions of Section 4.24.050 or 4.24.060 shall appeal the decision to the city council by causing written notice of the applicant’s appeal to be served upon the city clerk within ten days of the applicant’s receipt of the written decision of the city representative.
(b) Upon receipt of the notice of appeal by the city clerk, the city council shall hold a hearing at the next regularly scheduled council meeting to examine the decision of the police chief and hear arguments of the aggrieved applicant. The council shall examine the same issues that the city representative was required to examine in the review of the license application and shall grant, deny or condition the license based on the same factors. The city council shall prepare written findings to accompany its decision and provide these to the applicant within five days of the city council’s decision. The decision of the city council shall be final. (Ord. 1251 § 7, 1994).
4.24.080 Penalty for violation.
Failure to perform any act required, or performance of any act prohibited, by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed such a civil infraction shall be subject to the penalties as set forth in Chapter 1.16. (Ord. 1665 § 1 (part), 2010: Ord. 1251 § 8, 1994).