AN ORDINANCE OF THE CITY OF RIGGINS PROVIDING FOR THE LICENSING OF TEMPORARY AND PERMANENT VENDORS; STATING THE PURPOSE, DEFINITIONS, REQUIRING A LICENSE; DEFINING EXCEPTIONS; PROVIDING FOR THE LICENSE APPLICATION; PROVIDING FOR LICENSE FEES; REQUIRING DEPOSITS FOR CERTAIN BUSINESSES; REQUIRING ISSUANCE AND EXHIBITION OF LICENSE; DEFINING RESTRICTIONS; DESCRIBING UNLAWFUL CONDUCT; PROVIDING FOR ENFORCEMENT, PROVIDING FOR APPEAL OF DENIAL OF LICENSE; PROVIDING FOR SUSPENSION OR REVOCATION OF LICENSE; PROVIDING OR EXPIRATION; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE CLAUSE; AND PROVIDING FOR THE PASSAGE AND PUBLICATION.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RIGGINS, IDAHO COUNTY, IDAHO:
Section 1. PURPOSE:
The purpose of this ordinance shall be to protect the health, safety and welfare of residents of the city and to protect its citizens from crime by means of regulation of vendors, peddlers, solicitors, and temporary merchants.
Section 2. DEFINITIONS:
CITY CLERK OR DESIGNATED AGENT: The licensing officer.
JUNIOR LOCAL VENDOR: Any person who is under the age of eighteen years old and is a student of School District #243, operating as a Vendor within the City of Riggins.
LOCAL AREA: School District #243.
MOBILE FOOD CONCESSIONS: Carts or like devices from which food and beverages are sold which are designated to be moved and designed to be propelled by human power.
NONMOBILE FOOD CONCESSIONS: Stands from which food and beverages are sold that are not designed to be moved during operation. Includes semi-permanent structures open seasonally and permanent structures.
PERMANENT: Twelve month or longer period.
PERMANENT MERCHANT: Any person whether owner or otherwise, who engages in a year-around business of selling and delivering goods, wares, merchandise and services from a permanent business location within the city.
PERMANENT LOCAL VENDOR: Any Vendor or Solicitor, residing within School District #243, operating within the City of Riggins on a year-around or permanent basis.
PUBLIC SAFETY OFFICER: Licensing officer, code enforcement personnel, fireman and police officer.
SOLICITOR: An individual, including an employee or agent of a group of individuals, partnership, or corporation, whether a resident of the city or not, who is taking or attempting to take, whether in person or by telephone, orders for sale of food, beverages, goods, merchandise or services to be furnished or performed in the future, whether he is collecting advance payments on such sales or not. Such definitions shall include any person who, for himself or for another person, hires, leases, uses or occupies any building, structure, or motor vehicle within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
SPECIAL EVENT: Temporary and short term events such as art shows, music concerts, fundraising events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, sporting events, including, but not limited to, organized float trips, contests, street dances, tournaments, walk-a-thons, marathons, races, exhibitions or related activities.
TEMPORARY: Seventy-two hours or less.
TEMPORARY MERCHANT: Any person who engages in a temporary business of vending, selling and delivering goods, wares, merchandise and services within the City.
TEMPORARY VENDOR: Any Vendor, Solicitor, or Merchant operating within the City of Riggins on a temporary basis or for special events.
VENDOR: Any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders for goods or merchandise from a stand, cart, motor vehicle or any other type of conveyance or from his or her person. The word vendor shall include the words "hauler", "huckster", and "peddler".
Section 3. LICENSES REQUIRED:
It shall be unlawful for any “permanent local vendor”, "temporary vendor", “vendor”, "solicitor", or "temporary merchant", as the same are herein defined, to engage in such business or to employ another in such business within the corporate limits of the City of Riggins without first obtaining a license from the City Clerk's office therefore in compliance with the provisions of this chapter.
Section 4. EXCEPTIONS:
The provisions of this chapter shall not apply to:
A. Any sales under court order.
B. Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for future delivery, from local retailers, local businesses, local governments, local schools, or local wholesale firms.
C. The sale of farm or garden products.
D. The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper.
E Fundraising sales, or sales events sponsored by the school or student groups, non-profit groups or local service clubs including, but not limited to the Chamber of Commerce, ASK, Rebekahs, American Legion, Churches, Fire Department, EMS, Cowboys Association, CCC’s, etc.
F. Sales of household and personal products, including, but not limited to Avon, Watkins, Mary Kay, Schwan’s, made by way of phone solicitation, parties or door-to-door sales.
G. Garage, yard, or similar sales by individuals at their residence or place of business not exceeding two (2) separate sales in one calendar year, not to exceed three (3) days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale.
H. Any organization exempt from taxation as provided by 26 USC 501 and meeting all the requirements for the exemptions provided by 26 USC 503.
Section 5. APPLICATION FOR LICENSE:
Applicants for a license under this chapter must file with the City Clerk’s Office an application furnished by the City Clerk or designated agent, which shall contain, but not necessarily be limited to, the following information:
A. Name and description of the applicant; if the applicant is an association, company or corporation, then it shall state its name along with the names and descriptions of the persons who will be soliciting in the city.
B. Address – both physical and mailing.
C. A brief description of the nature of the business and the goods to be sold, and in the case of products of farm or orchard, whether produced or grown by the applicant.
D .If employed, the name and address of the employer, together with credentials establishing the exact relationship between the employer and the applicant.
E. The proposed method of operation, length of time for which the right to do business is desired and if a motor vehicle is to be used, a description of the same, together with a license number or other means of identification.
F. Whether a permit or license issued to the applicant has been revoked during the past five (5) years, and if so, where and when.
G. Social security and/or driver's license number of applicant.
H. A statement as to whether or not the applicant has been convicted of a violation of any federal, state or municipal law, the nature of the offense and the date, and the punishment or penalty assessed therefore.
I. The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery.
J. When the applicant proposes to sell any prepared food product for human consumption, a certification by the Health District shall be required prior to issuance of a license.
K. When the applicant proposes to sell any prepared food items or alcohol by the drink, a City of Riggins Local-Option Non-Property Resort Tax Permit shall be required prior to issuance of a license.
L. Every applicant, unless specifically exempted by the Idaho State Tax Commission, shall report sales as required by the State of Idaho.
M. No license issued hereunder shall be transferable.
N. Every applicant shall provide a letter from the property owner, or their agent, which grants written permission for the applicant to conduct vending operations from their property, dated for each specific event.
Section 6. LICENSE FEES:
A. The license fee for any Temporary Vendor, solicitor or canvasser, or temporary merchant shall be $50.00, or as established or amended, by City Resolution for each 72-hour Special Event. All fees shall be paid in advance.
B. The annual license fee for a Permanent Local Vendor shall be $75.00, or as established or amended by City Resolution. All fees shall be paid in advance.
C. The annual license fee for a Junior Local Vendor shall be $10.00, or as established or amended by City Resolution. All fees shall be paid in advance.
Section 7. DEPOSIT REQUIRED:
Every applicant offering the sale of prepared food or meals and/or alcohol-by-the-drink shall be required to submit a Municipal Resort Tax Return and post a Resort Tax deposit. Such deposit shall be one hundred dollars ($100.00) made in cash or by cashier’s check, payable to the City of Riggins as a payment advance to be applied to the Riggins Local-Option Non-Property Resort Tax.
A. Temporary Vendors:
Temporary Vendors are required to submit the Municipal Resort Tax Return within ten (10) days after the completion of the Special Event. The deposit will be applied as a credit on the Tax Return. Deposit funds received in excess of Resort Tax due will be refunded to the applicant within forty-five (45) days of the close of the event.
If the Temporary Vendor fails to submit the Municipal Resort Tax Return as required by this ordinance, the $100 deposit will be retained by the City, and the failure to report may result in the denial of future vendor license applications.
B. Permanent Local Vendors/Junior Local Vendors:
Permanent Local Vendors and Junior Local Vendors, as defined in Section 2, are required to make application, and obtain a City of Riggins Municipal Tax Permit and comply with all regulations described in City of Riggins Local Option Tax Ordinance 174. The $100 Deposit will be applied as a credit on the Tax Return. Excess deposit funds due at the end of the calendar year will be applied to the following year’s deposit or refunded to the applicant. After good faith has been demonstrated by timely submission of the Municipal Resort Tax Return during the first twelve months of operation, the Permanent Vendor or Junior Local Vendor may request the Council to consider waiving the requirement for deposit as stated in Section 7.
If the Permanent Local Vendor or Junior Local Vendor fails to submit the Municipal Resort Tax Return as required by this ordinance, the $100 deposit will be retained by the City, and the failure to report may result in the denial of future vendor license applications.
Section 8. ISSUANCE AND EXHIBITION OF LICENSE:
A. The City Clerk shall notify the applicant whether their license request is approved and shall issue a license. Such license shall show the name, address, the type of license issued, and the kind of goods to be sold or type of sales to be solicited thereunder, the amount of fee paid, the date of issuance and the date of expiration
B. The City Clerk shall notify the applicant if their license request is disapproved, the reasons therefore, and advise them of the appeal procedure pursuant to the provisions of this ordinance.
C. The license issued to the licensee shall be exhibited in a conspicuous place if the licensee is using a vehicle or a building in his business, or otherwise must be displayed on the outside garment of the individual during hours of operation.
Section 9. RESTRICTIONS:
A. Location: No licensee hereunder shall operate on any public street or sidewalk, or parking area of the City, nor shall he/she be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a public safety officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. This license does not preclude the issuance of special operation permits by the City or the granting of permission to sell and/or operate on private property by its owners.
B. Removal Of Trash: All trash or debris accumulating within twenty feet (20') of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.
C. Prohibited Areas: Any duly authorized public safety officer shall prohibit vendors from selling in or on specified areas if he determines such prohibitions are necessary for the protection of public health and safety.
Section 10. UNLAWFUL CONDUCT:
No licensee hereunder shall:
A. Misrepresent the purpose of, or affiliation of those engaged in, the solicitation.
B. Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor.
C. Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation.
D. 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.
E. Commit fraud, make misrepresentation or false statement in the course of carrying on the business.
Section 11. APPEAL FROM DENIAL OF LICENSE:
Any applicant denied a license under this chapter may appeal the City Clerk's decision to the City Council. Such appeal shall be filed within twenty eight (28) days from the date of the City Clerk's denial.
Section 12. SUSPENSION, REVOCATION OF LICENSE:
A. Cause For Suspension Or Revocation: The City Council may suspend or revoke any license for fraud and misrepresentation in its procurement, for violations of this chapter, or for any conduct or act of the licensee or their employees or any conduct or act permitted by them on the premises where such business is conducted, or in connection therewith or adjacent thereto, tending to render such business or such premises where the same is conducted as a public nuisance or a menace to the health, peace, safety or general welfare of the city, or in the event of the conviction of a licensed vendor, solicitor, or temporary merchant under the provisions of any city or county ordinance, or of any law of the state or of the United States, regulating, governing, or prohibiting the activities regulated under this chapter.
B. License Revocation: The City Council shall proceed in accordance with the notice and hearing provisions of title 67, chapter 52, Idaho Code, in considering the revocation of a license pursuant to subsection A of this section. The City Council shall cause to be kept minutes and make a transcribable verbatim record of any revocation proceeding. If a license is revoked, the City Council shall keep the transcribable verbatim record of the proceeding for a period of not less than six (6) months after a written decision on the matter is transmitted to the licensee.
C. Judicial Review: An applicant or licensee aggrieved by a decision of the City Council may, within sixty (60) days, seek judicial review under the procedures provided in sections 67-5270 and 67-5271, Idaho Code.
Section 13. EXPIRATION OF LICENSE:
All licenses issued under the provisions of this chapter shall expire on the date specified in the permit. Temporary Vendors License shall be issued for a period of three (3) days. Permanent Local Vendors and Junior Local Vendors Licenses shall be issued for the calendar year.
Section 14. PENALTY:
A. Any person, business, firm, company or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in the county jail for a period not to exceed thirty (30) days or both such fine and imprisonment. Each day or violation continued shall be separate offenses, punishable as hereinabove described.
B. The City of Riggins or Idaho County prosecutor shall provide the City Clerk with a copy of any citation or criminal complaint issued hereunder.
Section 15. SEVERANCE CLAUSE:
The provisions of this ordinance are declared to be severable. If any section be found to be invalid, such finding shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of any part.
Section 16. PASSAGE AND PUBLICATION
This ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, substantially in the form annexed hereto as Exhibit “A”, shall be published once in the Idaho County Free Press, and shall take effect immediately upon its passage, approval and publication.
PASSED AND APPROVED by the Mayor and Council of the City of Riggins, under suspension of the rules on this 14th day of March 2011.
S/ RJ Crump
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ATTEST:
S/ June Whitten Robert Crump, Mayor
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June Whitten, City Clerk-Treasurer