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HomeMy Public PortalAboutORD-CC-1990-071:J ORDINANCE NO. 90-07 AN ORDINANCE REPLACING THE ENTIRE CHAPTER 5.12 OF THE MOAB CITY MUNICIPAL CODE REGARDING TRANSIENT MERCHANTS. Be it ordained by the Moab City Council that Chapter 5.12 of the Moab City Municipal Code be replaced in its entirety by the following Chapter 5.12: Chapter 5.12 TRANSIENT MERCHANTS Sections: 5.12.010 Definitions. 5.12.020 License --Required. 5.12.030 License --Application. 5.12.040 License --Investigation and issuance. 5.12.050 Service of process. 5.12.060 License --Display. 5.12.070 License --Fees. 5.12.080 License--Non-Transferable. 5.12.090 Loud noises and speaking devices. 5.12.100 Enforcement --Duty of police. 5.12.110 Records. 5.12.120 License--Revocation--Causes. 5.12.130 License--Revocation--Notice. 5.12.140 Appeal. 5.12.150 License --Expiration. 5.12.160 Special Event Sales 5.12.170 Violation --Penalty. 5.12.010 Definitions. For the purposes of this chapter, a "transient merchant" is defined to be any person or agent, servant or employee of any person who shall exhibit, sell or offer for sale, at retail, any goods, wares, merchandise or foodstuffs in or from any hotel, rooming house, dwelling house, structure, stand, railroad car, motor vehicle, or other place in the city, and who shall not occupy such place for the purpose of conducting a permanent business therein. The person so engaged shall not be relieved from the provisions of this chapter by reason of association temporarily 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; provided, however, any sale made by an organization, or for the benefit of an organization which qualifies as a charitable organization, shall be exempt from the application of this chapter. 5.12.020 License --Required. It is unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in Section 5.12.010 of this chapter to engage in such business within the city without first obtaining a license therefor in compliance with the provisions of this chapter. 5.12.030 License --Application. Applicants for license under this chapter, whether a person, firm or corporation, shall file a written sworn application signed by the applicant, if an individual, by all partners if a partnership, and by the president if a corporation, with the recorder, showing: A. The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the city; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated. B. The place or places in the city where it is proposed to carry on applicant's business, and the length of time during which it is proposed that such business shall be conducted; C. The place or places, other than the permanent place of business of the applicant, where applicant within the six months 2 next preceding the date of such application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted; D. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the city, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufactured or produced and where such goods or products are located at the time such application if filed; E. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the recorder, copies of all such advertising, whether by handbills, circular, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto; F. management convicted municipal punishment G. which the applicant Whether or not the person or persons having the or supervision of the applicant's business have been of a crime, misdemeanor or the violation of any ordinance, the nature of each offense and the assessed therefor; Credentials from the person, firm or corporation for applicant proposes to do business, authorizing the to act as such representative; and H. Such other reasonable information as to the identity or character of the person or persons having the management or supervision of applicant's business or the method or plan of doing such business as the recorder may deem proper to fulfill the purpose of this chapter in the protection of the public good. I. The applicant must provide a sales tax identification number as a part of the license application to assist in verifying the collection and reporting of sales tax and the Moab City gross business license fee. 3 5.12.040 License --Investigation and issuance. Upon receipt of such application, the recorder shall cause such investigation or such person's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such investigation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. If, as a result of the investigation, the character and business reputation appear to be satisfactory, the recorder shall so certify in writing, and a license shall be issued by the recorder. The recorder shall keep a full record in his office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of such license, the place where such business may be carried on under such license, and the name or names of the person or persons authorized to carry on the same. 5.12.050 Service of Process. Before any license as herein provided shall be issued for engaging in business as an itinerant merchant, as herein defined, in the city, such applicant shall file with the recorder an instrument nominating and appointing the recorder, or the person performing the duties of such position, his true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of such applicant in respect to any matters connected with or arising out of the business transacted under such license, which such instrument shall also contain recitals to the effect that such applicant for such license consents and agrees that service of any notice or process shall be made upon such agent, and when so made shall be taken and held to be as valid as if personally served upon the person or persons applying for the license under this chapter, according to the law of this or any other state, and waiving all claim or right or error by reason of such acknowledgement of service or manner or service. Immediately upon service of process upon the recorder, the recorder shall send to the licensee at his last known address, by registered mail, a copy of such process. 5.12.060 License --Display. The license issued under this chapter shall be posted conspicuously in the place of business named therein. In the event that such person or persons applying for such license shall desire to do business in more than one place within the city, separate licenses may be issued for each 4 place of business, and shall be posted conspicuously in each place of business. 5.12.070 License --Fees. A. Licensees under this chapter shall pay a fee based upon the gross amount of sales by such person and shall be at the rate of one percent with a minimum of $10.00 per week. B. Every person conducting a business licensed under this chapter shall, on the first business day of each week, and upon discontinuance of business in the city, present to the treasurer of the city, at his office, a verified statement showing the total sales made during the preceding week and shall pay to the treasurer the amount of the license fee hereinbefore provided, for sales made during the previous week. The recorder and any other officer designated by him shall have power and authority to enter any store, building, or any other place in which such temporary business may be conducted at any time during business hours for ascertaining the amount of sales made and shallat all times have access to the books of such business. C. In addition to the above percentage of gross sales ($10.00 per week minimum), applicants shall pay to the city a $110.00 fee and shall deposit with the city $40.00 for and as a sales tax deposit. 5.12.080 License--Non-Transferable. Any license issued pursuant to this chapter is not transferable by the licensee. 5.12.090 Loud noises and speaking devices. No licensee under this chapter, nor anyone in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where should of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other places, for the purposes of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. 5.12.100 Enforcement --Duty of police. It shall be the duty of the police officers of the city to examine all places of business and persons in their respective territories subject to the provisions of this chapter, to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same. 5.12.110 Records. In the event the recorder deems it necessary, the recorder shall deposit the application for license with the chief of police; the chief of police shall report to the recorder any complaints against the person licensed under the provisions of this chapter and any conviction for violation of this chapter; the recorder shall keep a record of all such licenses and of such complaints and violations. 5.12.120 License--Revocation--Causes. The permits and licenses issued pursuant to this chapter may be revoked by the city council of the city, after notice and hearing, for any of the following causes: A. Any fraud, misrepresentation or false statement contained in the application for license; B. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; C. Any violation of this chapter; D. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or E. Conducting the business licensed under this chapter in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. 5.12.130 License--Revocation--Notice. Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his last known address, at least five days prior to the date set for the hearing. 5.12.140 Appeal. Any person aggrieved by the decision of the recorder in regard to the denial of application for license as provided in Section 5.12.040 of this chapter or in connection with the revocation of a license as provided for in Section 5.12.140 of this chapter, shall have the right to appeal to the 6 council of the city. Such appeal shall be taken by filing with the city council within fourteen days after notice of the decision by the recorder has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The city council shall set the time and place for hearing on such appeal and notice of such hearing shall be given to such person in the same manner as provided in Section 5.12.130 of this chapter for notice of hearing on revocation. The order of this city council on such appeal shall be final. 5.12.150 License --Expiration. All licenses issued under the provisions of this chapter shall expire one year after the date of issuance thereof unless a prior date is fixed therein. 5.12.160 Special Event Sales. The City Council may grant a special event sales license to an applicant who desires to sponsor events, celebrations, festivals, races, conventions and/or other community events in which organizations, associates and/or other groups or individuals offer for sale any goods and services or place orders for merchandise in or outside of public and/or private facilities. The licenses may be issued on the following terms: A. The applicant (sponsor) must comply with all provisions of the Moab City Transient Merchant license except section 5.12.010. B. The applicant must submit an application form thirty (30) days prior to the sponsored special event for council review. C. The applicant must obtain a conditional use permit from the City Council. The City Council may require an additional fee to cover the cost of extra police protection and/or other services the City may have to provide to protect the health, safety, order and general welfare of the inhabitants of the City. D. The applicant must provide a sales tax identification number as a part of the license application to assist in verifying the collection and reporting of sales tax and the Moab City gross business license fee. (The applicant is responsible for collecting said tax and license moneys from all persons selling goods and services at sponsored events.) E. The police department may investigate and request reasonable verification of title to goods proposed to be offered for sale. 5.12.170 Violation --Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be punished as a Class B Misdemeanor, to -wit: by a fine not to exceed $1000.00, or by incarceration in the county jail for a period not to exceed six months, or by both such fine and imprisonment. 1990. Done in open council this 5th day of June , A.D., Attest: andra E. Beaurega(pd, Acting Moab City Recorder 8 Thomas A. Stocks, Mayor