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HomeMy Public PortalAboutORD-CC-1994-08ORDINANCE 94-08 ESTABLISHING LOCAL VENDOR LICENSE AND PEDDLER AND SOLICITOR LICENSE AND AMENDING THE DEFINITION OF "TRANSIENT MERCHANT." WHEREAS, the City of Moab has a responsibility to monitor business activities within the City; and WHEREAS, the City needs to have a means to monitor the conduct of business when it occurs at a place other than a permanent business address; and WHEREAS, Transient Merchants, Local Vendors, Peddlers and Solicitors each conduct business at a location other than a permanent business address; and WHEREAS, license provisions will allow the City to monitor the conduct of such individuals; NOW, THEREFORE be it ordained by the governing body of Moab City that: Chapter 5.12.010 of the Moab Municipal Code is hereby amended to read as follows: 5.12.010 Definitions. For the purpose 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, services, merchandise or foodstuffs in or from any hotel, rooming house, dwelling house, structure, stand or other approved place in the City who shall not occupy such place for conducting a permanent business therein and who does not have a permanent place of business within the City or Grand County. 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. The Moab Municipal Code is hereby amended to include Chapter 15.14 Local Vendors, Peddlers and Solicitors, to read as follows: 5.14.010 Definitions. For the purposes of this chapter: A. A "local vendor" 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, services, merchandise or foodstuffs in or from any hotel rooming house, dwelling house, structure, stand, or other approved place in the City who shall not occupy such place for conducting a permanent business therein and who has a permanent place of business within the City or Grand County. 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. B. A "peddler" is a person, with or without a permanent business location in the City, who goes from house to house, office to office, from street to street, or in public places conveying or transporting goods, wares, merchandise, or offering or exposing same for sale, making sales, and/or delivering articles to purchasers. C. A "solicitor" is a person, with or without a permanent business location in the City, who goes from house to house, office to office, from street to street or in public places, or by phone, soliciting, taking, or attempting to take orders for future delivery, or for services to be performed in the future, whether or not there is payment in advance on such orders. 5.14.020 Prohibited Practices. A. It is unlawful for a vendor, solicitor or peddler to sell fresh or cured meat. B. It is unlawful for a local vendor, solicitor or peddler to sell any medicine or remedy. C. It is unlawful for any peddler or solicitor to conduct or attempt to conduct business on any premises on which the owner or occupant of said premises has placed a sign reading "no soliciting," or has indicated a desire not to have such activities take place on said premises. D. It is unlawful for any local vendor, peddler or solicitor to conduct business in such a manner as to impede or inconvenience any public use area, including, but not limited to streets, alleys, sidewalks, and public rights -of -way. 5.14.030 Licenses --Required. A. It is unlawful for a local vendor as defined in section 5.14.010 of this chapter to engage in such business without first obtaining a business license as required by Chapter 5.04 of this Code, or a Grand County business license. B. It is unlawful for a local vendor as defined in section 5.14.010 of this chapter to engage in such business without first obtaining a local vendor license therefore in compliance with the provisions of this chapter. 3 C. It is unlawful for a peddler or solicitor as defined in Section 5.14.010 of this chapter, who does not have a permanent business location in the City or Grand County, to engage in such business without first obtaining a Transient Merchant License. D. It is unlawful for a peddler or solicitor as defined in Section 5.14.010 of this chapter, who has a permanent business location in the City, to engage in such business without first obtaining a business license as required in Chapter 5.04 of this Code. E. It is unlawful for any peddler or solicitor to conduct such business without first obtaining a peddler and solicitor license therefor in compliance with the provisions of this chapter. 5.12.040 Local Vendor's License --Application. Applicants for a Local Vendor's License under this chapter shall file a written, sworn application signed by the applicant, if an individual; by all partners, if a partnership; and by the president of a corporation, with the recorder, showing the following: A. A current City business license or Grand County business license, or application for a Home Occupation license. B. The place or places in the City where the applicant proposes to carry on a vending business, and the length of time and/or specific dates which it is proposed that such business be conducted. C. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale in the City by the applicant, the invoice value and quality of such goods, wares and merchandise, whether the same, are proposed to be sold from stock in possession and by sample; at auction, by direct sale or 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 application is filed. D. Statement of authorization from the property or business owner of the premises on which applicant intends to conduct business. E. Statement of authorization from the special event sponsor if applicant intends to conduct business on the premises where a special event is to take place. F. Inspection report from the Southeastern Utah Health District Sanitarian, dated not more than ten days prior to the date of application, if applicant proposes to handle foodstuffs. 4 5.14.050 Peddler and Solicitor License --Application. Applicants for a Peddler and Solicitor License under this chapter shall file a written sworn application signed by the applicant if an individual; by all partners, if a partnership; and by the president of a corporation, with the recorder, showing: A. A current City business license, Grand County business license, or Transient Merchant License, or application for a Transient Merchant License or Home Occupation License. B. The vicinity and nature of the places where the applicant proposes to carry on business as a peddler or solicitor and the length of time and/or specific dates which it is proposed that such business be conducted. C. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale in the City by the applicant, the invoice value and quality of such goods, wares and merchandise, whether the same are proposed to be sold from stock in possession and by sample; at auction, by direct sale or 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 application is filed. D. Statement of authorization from the special event sponsor if applicant intends to conduct business on the premise where a special event is to take place. E. Inspection report from the Southeastern Utah Health District Sanitarian, dated not more than ten days prior to the date of application if applicant proposes to handle foodstuffs. 5.14.060 Licenses --Issuance. Upon review of application for licenses under this Chapter, the City Council will determine if the application is satisfactory. After City Council's approval, the City Recorder will issue a Local Vendor License or Peddler and Solicitor License, showing the number of the license, the date same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the place or places where such business may be carried on, the length of time and/or dates such business will be carried on, and the name or names of the person or persons authorized to carry on same. 5.14.070 Licenses --Denial. The City Council reserves the right to deny any application for a license described in this Chapter. 5.14.080 License --Display. The license issued under this chapter shall be posted conspicuously in the place or places of business named therein. 6 fees, provided that all other terms of this chapter are met by the organization. B. Local vendors and peddlers who conduct sales at a special event where the special event is sponsored by a local, responsible organization and where such sales are sanctioned by the responsible organization, are exempt from the provisions of this chapter, provided the responsible organization satisfies all sales tax and business license fee reporting requirements as specified in Chapter 5.04 of this Code. C. Vendors who conduct sales at a convention or meeting that is not open to the public, who conduct such sales to registered members of the sponsoring organization , are exempt from the provisions of this chapter. D. The provisions of this chapter shall not apply to the sale of dairy products, fruits, vegetables and other forms of garden produce, provided that such products are sold by the person or persons who produce or grow such items. THIS ORDINANCE WILL TAKE EFFECT IMMEDIATELY UPON PASSAGE . PASSED AND APPROVED BY A MAJORITY VOTE OF THE CITY COUNCIL THIS l2th DAY OF July , A.D. 1994. Thomas A. Stocks Mayor ATTEST: John . West Cit Reorder