Chapter 5.09
ITINERANT MERCHANTS AND VENDORS
Sections:
5.09.050 Investigation and determination.
5.09.070 Expiration of license.
5.09.080 Exhibition of license—Transfer.
5.09.100 Stationary vendor standards.
5.09.110 Mobile vendor standards.
5.09.010 License required.
It is unlawful for an itinerant vendor to engage within the city except when licensed as a stationary or mobile vendor as defined in this chapter, and 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 the conveyance engaged by a mobile vendor. (Ord. 01-605 § 1(1), 2001)
5.09.020 Definitions.
The following terms and definitions shall be used in the administration of this chapter:
“Itinerant vendor” means any person, firm, corporation or association, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a business of selling and delivery of goods, wares, food or merchandise of any kind or description, who conducts such a business conducted outside of a permanent structure affixed to real property. A person, firm, corporation or association 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.
“Stationary vendor” means an itinerant vendor who conducts 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.
“Mobile vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon public streets, sidewalks, alleys or other public ways of the city.
“Concessionaire” means a person, firm or corporation operating or maintaining a concession stand for the sale of food, in the public parks in the city, or on other public property, in accordance with an agreement or franchise therefor.
“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.
“Public celebration” means any activities or any other kind of public celebration designed by the city council, such as Memorial Day, Independence Day, Labor Day and such events as sidewalk sales and street fairs which may be organized by entities and officially authorized by the city council. (Ord. 01-605 § 1(2), 2001)
5.09.030 Exemptions.
The provisions of this chapter shall not be construed to apply to the following: 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. (Ord. 01-605 § 1(3), 2001)
5.09.040 Application.
Any person, firm or corporation desiring to secure a license as a stationary or mobile vendor 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; the place or places where the applicant proposes to engage in business;
B. Each application shall be accompanied with the license fee as set by resolution of the city;
C. Each license application for a stationary vendor shall be accompanied with the following information to establish compliance with stationary vendor standards set forth herein and other applicable codes:
1. A notarized written authorization from the property owner, as shown on the records of the Okanogan County auditor, and the business owner to conduct the applicant’s business at the place so noted on the application;
2. A statement explaining the method of trash and litter disposal being proposed by the vendor;
3. A drawing of a scale not greater than fifty (50) feet per inch and not less than ten (10) feet per inch, which drawing 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 the area;
c. The location of driveways providing ingress and egress to the property;
d. Location of existing building and structures located on the property noting the use of each building or structure so identified;
4. A copy of applicant’s registration and license issued by the state of Washington, Secretary of State showing the business is licensed by the state of Washington, Department of Revenue.
(Ord. 01-605 § 1(4), 2001)
5.09.050 Investigation and determination.
Upon receipt of such application, the city clerk shall cause an investigation of such person or persons’ business to be made as is deemed necessary for the protection of the public good and shall refer the application to the city superintendent for its determination as to compliance with standards and requirements of this chapter. An application shall be denied by the city clerk upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of the license, the place where the 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 shall keep a record of all licenses issued under this chapter. (Ord. 01-605 § 1(5), 2001)
5.09.060 Fees.
A. Stationary Vendors. An initial application fee in an amount established by city council resolution shall be submitted with all applications. Following approval of the application, stationary vendors shall be required to purchase a business license from the city. A separate license and application shall be required for each location of a stationary vendor. The application fee is not required for license renewal, provided the renewal is for the same location and provided the licensee was licensed at that location within the last thirty (30) days.
B. Mobile Vendor. An initial application fee in an amount established by city council resolution shall be submitted with all applications. Following approval of the application, a mobile vendor shall obtain a business license from the city for each vehicle or conveyance licensed under this chapter. The application fee is not required for license renewal, provided the renewal is obtained within thirty (30) days of an expired license.
(Ord. 01-605 § 1(6), 2001)
5.09.070 Expiration of license.
Any license issued under the provisions of this chapter shall expire at year end after the date of issue hereof unless a prior date is fixed therein. (Ord. 01-605 § 1(7), 2001)
5.09.080 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. 01-605 § 1(8), 2001)
5.09.090 Health regulation.
All 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 Okanogan County health district. (Ord. 01-605 § 1(9), 2001)
5.09.100 Stationary vendor standards.
All stationary vendors licensed under this chapter shall conform to the following standards:
A. No stationary vendor shall be licensed for a location in a general commercial or residential zoning district, as defined in Title 17 of the Pateros Municipal Code;
B. Stationary vendors shall be licensed only at those sites on which there is a permanent business operating and licensed under Pateros Municipal Code Chapter 5.04;
C. No stationary vendor shall locate his or her vehicle, other conveyance, temporary stand or merchandise within twenty (20) feet of any public right-of-way or within twenty (20) feet of the intersection of any public right-of-way and private driveway;
D. No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized to sell food;
E. No vehicle, other conveyance or temporary stand shall be located closer than twenty (20) 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 (50) feet from flammable combustible liquid or gas storage and dispensing structures;
G. All stationary vendors shall place at least one thirty (30) gallon garbage receptacle upon the site of business for customer use;
H. Licensed stationary vendor sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities;
I. All merchandise, goods, wares or food shall only be displayed or offered for sale from the vendor’s conveyance;
J. All vehicles, other conveyances or temporary stands shall be equipped with at least one fire extinguisher suitable for such operation.
(Ord. 01-605 § 1(10), 2001)
5.09.110 Mobile vendor standards.
All mobile vendors licensed under this chapter shall conform to the following standards:
A. Geographical Restriction. No mobile vendor shall sell or vend from his or her vehicle or conveyance:
1. Within four hundred (400) feet of any public or private school grounds during the hours of regular school session, classes or school-related events in a public or private school, except when authorized by the school; or
2. Within three hundred (300) feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business; or
3. Within three hundred (300) feet of any restaurant, cafe or eating establishment which is open for business; or
4. Within three hundred (300) feet of any public park of the city where any city-authorized concession stand is located during times other than during the course of a public celebration except as approved by the city superintendent; or
5. Within three hundred (300) feet of any public park of the city where any city-authorized concession stand is located during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food in such park; or
6. Within any one block for more than one hour in any four-hour period, except this shall not apply in those situations where the mobile vendor is serving organized and sanctioned community-sponsored ball games at public parks and schools, provided there is no city-approved concession in the park or at the school.
B. No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the city as now in effect or hereafter amended.
C. No mobile 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 food is being sold or offered for sale.
D. No customer shall be served on the street side of the mobile unit. All service must be on the curbside when the mobile unit is on or abutting a public street.
E. All mobile vendors shall provide garbage receptacles for customer use.
F. No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard.
G. At the conclusion of business activities at a given location the mobile vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor’s business activities.
H. All mobile vendors preparing food by cooking, frying or other means shall be equipped with at least one fire extinguisher suitable for such operation.
I. All mobile vendors shall conclude daily business activities at sunset.
(Ord. 01-605 § 1(11), 2001)
5.09.120 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 pursuant to Title 18 of the Pateros Municipal Code. (Ord. 01-605 § 1(12), 2001)
5.09.130 Separate offenses.
Each day that any person, firm, corporation or association shall operate a business without having procured a valid existing license as provided for by this chapter shall constitute a separate offense and may be punished as such. (Ord. 01-605 § 1(13), 2001)
5.09.140 Penalty.
Any person, firm, corporation or association violating any of the provisions of this chapter shall have committed a civil infraction and upon conviction thereof, such person shall be punished by a civil penalty of up to two hundred fifty dollars ($250.00). Each day of violation shall be a separate infraction for which such penalty shall be imposed.
In addition to any penalty imposed herein, upon conviction for a violation of any provision of the chapter, the city may revoke a license issued under this chapter. The failure by the city to revoke a license upon conviction shall not be deemed to be a waiver of the city’s right to revoke such license upon subsequent violation and conviction. (Ord. 01-605 § 1(14), 2001)