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
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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.
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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
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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
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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
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Thomas A. Stocks,
Mayor