Chapter 5.18
ITINERANT MERCHANTS
Sections:
5.18.020 License required – Fee.
5.18.010 Definition.
For the purpose of this title, an itinerant merchant shall be defined as a person who intends to be in business in West Richland for a period of time less than 30 days from the date of obtaining a license. The fact that a merchant does not have telephone, water, sewer or electrical services to the site of the business shall be prima facie evidence of the intent to remain in business for a period of time less than 30 days. [Ord. 13-92 § 2, 1992].
5.18.020 License required – Fee.
No merchant shall expose for sale, delivery or sell any goods or services or offer to take order for sale or delivery without first procuring a license under this chapter. Such license shall not be valid for more than 30 days from date of issuance. The license fee for an itinerant merchant’s license shall be as set forth in WRMC 5.04.040(C). [Ord. 13-92 § 2, 1992].
5.18.030 Applications.
Each applicant for a license under this chapter shall submit the following:
A. His/her permanent address and the address of his principal or supplier;
B. A statement that he/she will conduct business from a fixed location within the city and the address from which business will be conducted;
C. A description of the nature and type of goods, merchandise or produce to be sold.
All applications shall be subject to review by the police department, which shall perform a full investigation of the applicant and report back within three working days. A finding in this investigation that the applicant has engaged in fraudulent or deceptive trade practices in the past shall be grounds for denial of a license. [Ord. 13-92 § 2, 1992].
5.18.040 Regulations.
A. No itinerant merchant shall use any excessively noisy device to attract attention to his/her wares. Noise levels shall conform to the requirements of Chapter 173-60 WAC. The itinerant merchant shall not shout or call his/her wares in a loud, boisterous manner.
B. All conveyances and receptacles used by the itinerant merchant to carry foodstuffs or other edibles shall be kept in a clean and sanitary condition and foodstuffs and other edibles shall be protected from dirt, dust, insects and other contamination.
C. All itinerant merchants shall be subject to all applicable rules and regulations of the city.
D. No itinerant merchant shall stand or allow his/her booth, stand or vehicle to locate upon any public way at any time. The itinerant merchant’s stand, booth or vehicle must be located so as to provide adequate parking for his customers off the traveled portion of the street and to prevent congestion on public ways.
E. The itinerant merchant must exhibit to the city of West Richland written permission from the property owner or person in control of the property on which the itinerant merchant will locate his booth, stand or vehicles as a condition precedent to the issuance of a license to operate. [Ord. 13-92 § 2, 1992].
5.18.050 Insurance.
As a condition precedent to the issuance of a license to conduct business as an itinerant merchant under this chapter, an applicant must obtain and retain a minimum of $100,000 public liability and property damage insurance, which shall include product liability coverage, naming the city as an additional named insured. [Ord. 13-92 § 2, 1992].
5.18.060 Exemptions.
The following are not required to obtain itinerant merchant’s licenses:
A. Persons selling agricultural food products when such person is covered under the provisions of WRMC 5.04.180;
B. Persons who, by definition, are not itinerant merchants and have a currently valid city business license and are operating a temporary site in conjunction with their established business;
C. Artisans who produce their own art or craft work and are invited to exhibit and sell their art and craft work as a part of an event sponsored by a registered, nonprofit organization licensed to do business in West Richland, or are invited to exhibit and sell their art and craft work as part of an event sponsored by a for-profit merchants’ organization, the members of which are licensed to do business in West Richland;
D. Vendors of prepared foods who are invited to sell their products as a part of an event sponsored by a registered, nonprofit organization licensed to do business in West Richland, or are invited to sell their products as a part of an event sponsored by a for-profit merchants’ organization, the members of which are licensed to do business in West Richland;
E. The sale of fireworks, pursuant to Chapter 8.22 WRMC;
F. Solicitors or canvassers licensed under the provisions of Chapter 5.12 WRMC. [Ord. 13-92 § 2, 1992].