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.
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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.
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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.
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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