[Vision2020] vendor ordinance
Mark Rounds
ltrwritr@moscow.com
Wed, 19 Feb 2003 18:56:42 -0800 (PST)
I have another question on this issue. I read the text of the ordinance and
it limits these businesses to a Monday through Saturday schedule with
limited hours. This will quite obviously impact the vendors at Ren Fare,
Redezvous in the Park, and any vendor who shows up at a convention or trade
fair like the Home and Garden Show. Is this what is intended? It will also
make a Gun Show in the City limits just about impossible.
I would think that they could make quite a stink if they got a lawyer and
compared how this class of merchants had to do business with folks like
Tidyman's and Winco who are open 24/7?
Mark Rounds
At 05:25 PM 2/19/2003 -0800, london@moscow.com wrote:
>Below is a copy of the vendor ordinance due to be discussed at the next
>Moscow City Council Administrative Committee meeting on February 24th,
>4:00 p.m. at City Hall Council Chambers.
>
>If the council passes this ordinance, will the vendors at the Tuesday
>Grower's Market at the Moscow Food Co-op parking lot be cited if they do
>not get an expensive permit?
>
>What about the vendors at the more unorganized events at East City Park,
>like the HempFest?
>
>What is the problem this ordinance is designed to solve?
>BL
>
>-------------
>
>ORDINANCE NO. 2003-
>
>AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE
>OF IDAHO; PROVIDING FOR THE AMENDMENT OF MOSCOW CITY CODE TITLE 9, TO
>REQUIRE LICENSURE AND REGISTRATION OF VENDORS; PROVIDING THE PROVISIONS
>OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE
>TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL
>AND PUBLICATION ACCORDING TO LAW.
>
>WHEREAS, a review of the current ordinance controlling peddlers,
>solicitors and canvassers suggests that changes are appropriate; and
>
>WHEREAS, current licensing procedures do not require vendors to be
>licensed prior to setting up an area to sell goods of their own or
>manufactured; and
>
>WHEREAS, it has been determined by the Council that license and
>registration of vendors will adequately address the concerns related to
>such persons by providing for a manner by which to identify and regulate
>them.
>
>NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
>MOSCOW, IDAHO as follows:
>
>SECTION 1. That Moscow City Code Title 9, Chapter ______ be amended
>as follows:
>
>Sec. ____-1. Purpose
>The purpose of this Chapter is to provide the citizens of the City with
>information registering and identifying persons who qualify as vendors
>within the City to protect citizens and private business owners and to
>aid in law enforcement.
>
>Sec. _____-2. Definitions.
>A) For the purpose of this Section, a Vendor is any person, firm,
>corporation, partnership or association not having an operating place of
>business within the City, who engages in temporary or transient business
>in the City selling goods, wares, merchandise or services, or a
>permanent business person, firm or corporation which is located within
>the City limits who is selling such goods, wares, merchandise or
>services, away from his/her or its usual operating place of business and
>who, for the purpose of carrying on such business, hires, leases, or
>occupies any room, building, structure, or space for the exhibition or
>sale of such goods, wares, merchandise, or services. The person, firm
>or corporation so engaged shall not be relieved from the provisions of
>this Section by reason of association with any local dealer, trader,
>merchant or auctioneer, or by conducting such temporary or transient
>business in connection with or as a part of or in the name of any local
>dealer, trader, merchant or auctioneer.
>
>B) YEAR: A twelve (12) month period.
>C) BUSINESS: The activity of buying and selling
>D) OPERATION: In action, functioning.
>
>Sec. ____-3. License and Registration Required.
> Any firm, person, or corporation which intends to operate a temporary
>business within the corporate limits of the city of Moscow shall be
>required to purchase a vendor license for each structure, stand, tent,
>vehicle, booth, location or place which is used by such merchant for the
>sale or distribution of goods. The person so engaged shall not be
>relieved from the provisions of this section by reason of association
>with any local operating business dealer, trader, merchant or
>auctioneer, or by conducting such temporary or transient business in
>connection with or as a part of or in the name of any local dealer,
>trader, merchant, auctioneer or business. The vendor license must be
>posted in each individual stand during operation.
>
>Sec. ___-4. Registration Application, Fees, Term and Limitations.
>To obtain a license, a vendor shall file, in the office of the City
>Clerk, a verified application stating his or her name, residence,
>description and identification of the place in which he or she proposes
>to do business, dates of operation, name, address and phone number of
>property owner where business will take place, and the description of
>the goods intended to handle.
>
>A temporary business shall pay a vendor license fee of [Ive seen
>examples from $35 to $600 per permit] for each twelve (12) consecutive
>day period, or portion thereof, in any calendar year. This fee shall
>include all sanitation charges. The City Clerk shall note on the
>license the time period for which it is effective.
>
>A business may purchase only two (2) vendor licenses per location per
>twelve (12) month period.
>
>Sec. ____-5. Selling from vehicles on Streets
>No person shall sell or offer for sale any goods or merchandise from a
>cart, wagon, automobile, truck or other vehicle in the streets or
>thoroughfares of the City. This Section does not apply to the delivery
>of farm or garden products, where the order for same has been placed in
>advance, nor does it apply to drayage or the delivery of goods sold in
>the regular course of an established business. Nothing in this
>paragraph shall prohibit the City from entering into a contract for the
>sale of ice cream and sundries for immediate conditions agreed to by the
>City Council.
>
>Sec. ___-6. Selling in parks
>It shall be unlawful for any peddler or vendor or other person except a
>person occupying a portion of the park under a valid concession
>agreement to sell or offer to sell, to any person within any municipal
>park of the City, any goods, wares, merchandise, books, pictures,
>novelties, souvenirs or trinkets or any other article of commerce and
>trade, including goods of his or her own production or manufacture. [or
>maybe add something in here in connection with an Event like
>Renaissance, or Rendezvous]
>
>Sec. ____-7. Exemptions.
>A. Sales where the proceeds are to be used exclusively for religious,
>charitable or benevolent purposes. Written proof of charitable,
>non-profit status as declared by the IRS (i.e., 501(c)(3) documentation)
>must be presented during application.
>
>B. Sales to wholesale or retail merchants, by sample, for future
>delivery made by representatives or established wholesalers or
>manufactures.
>
>C. The sales of fruits, vegetables or farm or garden products sold
>during [as a part of, in conjunction with] the City of Moscows Farmers
>Market operation.
>
>D. The distribution of goods for which there is no charge.
>1. All persons, firms, or corporations distributing goods or performing
>a service for which there is no charge, shall be required to register
>with the City Clerk, their name, address, location of said distribution
>or service and goods which he/she or it is distributing or service which
>they are performing.
>
>E. Sales by youth age 15 years and under selling lemonade and like items
>and incidentals from property from which they reside.
>
>
>Sec. ____-8. Notice.
> Notice of denial, suspension or revocation of Proof of Registration
>shall be in writing and mailed to the applicant at the address of record
>on the original application.
>
>Sec. ____-9. Appeal.
>A. Any person aggrieved by the action in denial, suspension or
>revocation of license by the City shall have the right of appeal to the
>Council.
>B. Such appeal shall be taken by filing with the Clerk written notice
>thereof within five (5) days after the denial or the entry of the order
>of suspension or revocation. The notice of appeal shall specify an
>address at which the person appealing may be given notice of hearing on
>the appeal.
>C. At the appeal hearing before the Council, the applicant or person
>appealing shall be entitled to appear in person and offer evidence
>pertinent to the denial, suspension or revocation or may appear through
>legal counsel. The Clerk, Chief of Police, and/or legal counsel for the
>City shall likewise be entitled to appear at the hearing and offer
>evidence in support of the denial, order of suspension or revocation.
>D. The Council shall determine whether the denial, suspension or
>revocation shall be sustained and shall make a final reasoned statement
>in writing within fifteen (15) business days following the close of the
>hearing.
>
>Sec. ___-10. Carrying Proof of Registration Required.
> Proof of Registration issued under this Chapter shall be carried at all
>times by the person to whom it is issued when such person is peddling,
>soliciting or canvassing in the City and shall be exhibited by said
>peddler, solicitor, or canvasser whenever requested to do so by a peace
>officer or any person solicited or canvassed.
>
>Sec. ___-11. Hours of Operation.
> Vendors who conduct their business as herein described, shall do so
>only between the hours of nine (9:00) o'clock A.M. and eight (8:00)
>o'clock p.m. local time Monday through Saturday.
>
>Sec. ___-12. Unlawful Conduct.
> No person issued a Vendors License hereunder shall:
>A. Make physical contact with any customer or potential customer unless
>such person's permission is obtained;
>B. Misrepresent the purpose of the product or products;
>C. Misrepresent the affiliation of any person so engaged in the
>business;
>D. Continue efforts to sell to a person once that person informs the
>vendor that he or she does not wish to buy or take anything from that
>vendor;
>E. Represent the City of Moscow Vendor License under this Chapter as an
>endorsement or recommendation of the vendor or item(s) being sold or
>given away;
>F. Enter upon any premises when the same is posted with a sign stating
>"No Peddlers Allowed" or "No Solicitation Allowed" or other words to
>such effect;
>G. Knowingly make any false statement on an application for vendor
>license hereunder;
>H. Engage in any fraud, misrepresentation or false statement in the
>course of carrying on the business for which this license is required
>hereunder.
>
>Sec. ____-13. Violations; Penalties.
> Any person violating any of the provisions of this Chapter shall be
>guilty of a misdemeanor and, upon conviction thereof in a court of
>competent jurisdiction, shall be punished pursuant to this Code and the
>Idaho Code.
>
>
>SECTION 2:
>
>SEVERABILITY. Provisions of this Ordinance shall be deemed severable
>and the invalidity of any provision of this Ordinance shall not affect
>the validity of the remaining provisions.
>
>SECTION 3:
>
>EFFECTIVE DATE. This Ordinance shall be effective upon its passage,
>approval, and publication according to law.
>
>PASSED by the City Council and APPROVED by the Mayor this ____ day of
>________________, 2003.
>
> ____________________________________
> Marshall H. Comstock, Mayor
>
>
>ATTEST:
>
>___________________________________
>Christine Bainbridge, City Clerk
>
>
>E:\Ordinances\Ordinance - vendor.doc - cb
>
>
>_____________________________________________________
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