HomeMy Public PortalAboutOrdinance 945 - Amending 4.1.2 to Add Definition for Craft Fairs and BazaarsORDINANCE NO.945
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
SECTION 4.1.2, DEFINITIONS, OF TITLE 4, BUSINESS REGULATIONS, CHAPTER 1,
PURPOSE; REGULATIONS; AND PENALTIES, OF THE McCALL CITY CODE TO ADD A
NEW DEFINITION FOR CRAFT FAIRS AND BAZAARS AND PROVIDE AN EFFECTIVE
DATE THEREFOR.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF McCALL, VALLEY COUNTY, IDAHO:
Section 1: That Section 4.1.2, Definitions, of Title 4, Business Regulations, Chapter 1,
Purpose; Regulations; and Penalties, of the McCall City Code, be, and the same is hereby,
AMENDED as follows, to -wit:
See Exhibit A attached hereto and, by this reference, incorporated
herein as if set forth in full.
Section 2: This ordinance shall be in full force and effect after its passage, approval
and publication, according to law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 11 DAY OF AUGUST, 2016.
Approved:
By
City Clerk
Ordinance 945 Amending 4.1.2
August 11, 2016
Page 1 of 4
EXHIBIT A
4.1.2: DEFINITIONS:
APPLICANT: The one person or legal entity, who is responsible for the permit or license being
applied for.
BUSINESS: All activities, trades, and pursuits conducted or engaged in including, without
limitation, wholesale businesses, retail businesses, personal service businesses and professions,
and businesses conducted as home occupations in any and all situations where suppliers,
vendors, customers, clients, and/or members of the general public visit or frequent the premises
where the business or occupation is conducted.
CHILD DAYCARE: Any person, persons, or organization that provide care for seven (7) or
more children, not related by blood, and receive compensation for even one of those children.
CITY: The city of McCall, Idaho.
CITY CLERK: The city clerk of the city of McCall, Idaho, or designated agent.
CITY COUNCIL: The city council of the city of McCall, Idaho.
CITY PARKS: Those parcels of land that are owned or managed by the city of McCall and are
held for public use or as open or green space, including, but not limited to, city parks and parking
lots.
CRAFT FAIRS AND BAZAARS: An event, market, or group of stalls and or booths organized
and managed by an organization consisting of open-air showing at which objects made by
crafters and miscellaneous articles are offered for sale.
EXEMPT NONPROFIT ORGANIZATION: An organization which is exempt from federal
income tax as a charitable or nonprofit organization. To establish such exempt nonprofit status,
when the permittee and the recipient are not both known by the city clerk to be on the face of the
matter exempt from federal income tax, such as national youth organizations, churches, or
recognized service clubs such as Rotary, or the Lions, the organizer shall file with its application
for the permit:
(A) A copy of its tax exempt status determination letter from the IRS, or
(B) A certification from a certified public accountant licensed in Idaho that such
organizer files an information return with the IRS as a tax exempt organization, or
(C) A certification from a certified public accountant licensed in Idaho that such
organizer is not required to file an income tax information return because it is a tax
exempt organization with less than the threshold amount of income necessary to
trigger a filing requirement.
Page 2 of 4
Ordinance 945 Amending 4.1.2
August 11, 2016
FARM PRODUCE: A11 agricultural, horticultural, viticultural, and vegetable products of the soil,
apiary products, eggs, and cheese; but, not timber and timber products, livestock, poultry, poultry
products other than eggs, dairy products other than cheese, field grains, dried beans, dried peas,
hops or seeds.
FARM PRODUCER: Any person engaged in the business or avocation of growing or producing
any farm products.
FARMERS' MARKET: A street oriented event, market, or group of stalls and booths organized
and managed by an exempt nonprofit organization consisting of open air showing where farmers
and sometimes other vendors sell their products directly to consumers and also the place where
the related activity occurs.
GOODS, SALE AND SELL: Have the same definitions as under the uniform commercial code,
except that the time and the location of the sale is not determined by the passage of title or by the
terms of delivery, but by the time at which and location at which the agreement was made to
enter into the purchase and sale.
PAWNBROKERS: Every person, firm, association or corporation who makes it a business to
loan money on deposit or purchase of personal property or other valuable thing, or who deals in
the purchase of personal property or other valuable thing on condition of selling the same back
again at a stipulated price, or who loans money secured by security agreement or personal
property, having possession of the property, or any portion or part thereof so secured or who
advertises by use of "three ball", or pawnbroker's sign, or by advertising "unredeemed pledges",
or by using the term "uncle", or by any other expression designating pawnbroker's business,
shall, for all intents and purposes under this title be declared to be a pawnbroker within the
meaning of this title.
PEDDLER: Any person, whether a resident of the city or not, traveling by foot, motor vehicle, or
any other type of conveyance, from place to place, from house to house, or from street to street,
carrying, conveying, offering, or exposing goods or services for sale or rent, or offering to
purchase goods; excluding from this definition a person making delivery of goods previously
ordered by the customer; and excluding from this definition a person who is not a peddler and
whose activity in major part is thus driving a regular route to the location of existing customers
who have arranged for return visits; and excluding from this definition any school age child
fundraising for their school, sport, or activity such as, but not limited to, Boy Scouts and Girl
Scouts.
PERMANENT PLACE OF BUSINESS: A building or significant portion of a building which is
the primary business location within McCall, and which building or portion of a building is
owned (or leased for the majority of the year) by, and in the exclusive possession of the person
who owns the business being conducted.
POLICE CHIEF: The chief of police for the city of McCall, Idaho, or designated agent.
Page 3 of 4
Ordinance 945 Amending 4.1.2
August 11, 2016
SALES REPRESENTATIVE: A person employed to represent a business and to sell its
merchandise or someone who demonstrates an article to a prospective buyer.
SHORT TERM RENTALS: A residence, including single-family or a multi -family unit, and any
single rooms of the aforementioned, which is rented for the purpose of overnight lodging for
compensation, money, rent or other bargained for consideration for a period of one or more days
and not more than thirty (30) consecutive days. Short term rentals are also commonly referred to
as tourist or vacation rentals.
SNOW REMOVAL CONTRACTOR: A person or company contracted, for compensation, to
clear snow from a road or driveway after a snowfall to make travel easier and safer.
SPECIAL EVENT: The temporary use of private or public property, including streets, parking
lots, parks and waterways, for the purpose of conducting certain public events such as, but not
limited to, art shows, music concerts, fundraising events, amusement attractions, circuses,
carnivals, rodeos, craft fairs, contests, dances, tournaments, walk-a-thons, marathons, races,
exhibitions, fairs, shows, citywide celebrations and festivals or related activities and may involve
a street closure, attraction of an anticipated fifty (50) or more people at any one time, or where
two (2) or more vendors are gathered. In addition, a "special event" is any public event which
could reasonably be interpreted to cause significant public impact via disturbance, crowd,
traffic/parking or disruption of the normal routine of the community or affected neighborhood.
STAND: A cart, parked vehicle, tables, shelves, booth, stall, rack, or any other temporary
business location, exterior to a building, and located on a public right of way or on private
property adjacent thereto; a vehicle is parked within the meaning of this definition when it is not
moving at the time of the solicitation of the sale.
STREET CLOSURE: The deliberate or incidental temporary blockage of all, or a portion of, a
public or private street, alley, highway, public right of way, parking lot, or other thoroughfare
used for pedestrian or vehicular circulation.
TAXICABS AND COMMERCIAL TRANSPORTATION SERVICES: Any service regularly
used for the purpose of transporting persons for hire, which receives or discharges passengers
within the city limits, or advertises for such use, whether or not such service or services are
engaged in carrying passengers entirely within the city limits; and as further defined in section
4.4.1 of this title.
VENDOR: Every person who offers goods or services for sale or rent, or offers to purchase
goods, on the streets, or from a vehicle or a stand, or acts as an itinerant vendor, and who does
not have a permanent place of business within the city of McCall which offers the same type of
goods or services for sale or rent; and excluding from this definition a person whose activities are
covered by a concession or lease contract with the city for activities on city property such as a
park. (Ord. 938, 12-17-2015)
Page 4 of 4
Ordinance 945 Amending 4.1.2
August 11, 2016
A SUMMARY OF ORDINANCE NO. 945
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO,
AMENDING SECTION 4.1.2, DEFINITIONS, OF TITLE 4, BUSINESS REGULATIONS,
CHAPTER 1, PURPOSE; REGULATIONS; AND PENALTIES, OF THE McCALL CITY
CODE TO ADD A NEW DEFINITION FOR CRAFT FAIRS AND BAZAARS AND
PROVIDE AN EFFECTIVE DATE THEREFOR.
• This Ordinance adds a new definition to the Business Regulations section
of the McCall City Code to define craft fairs and bazaars as events,
markets or groups of stalls and or booths organized and managed by an
organization consisting of open-air showing at which objects made by
crafters and miscellaneous articles are offered for sale.
That the effective date of the Ordinance is upon its passage and publication as required by law.
The full text of the Ordinance is available for review at City Hall and will be provided by the
City Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 11 DAY OF
AUGUST, 2016. _altoNumuli
Pig �`McC4146,, Approved:
A.
* Y E , Mayor
ATTEST: •'� '� O S
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BessieJo Wa,' er, City !i-
Ordinance 945Amending 4.1.2 Summary
August 11, 2016
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 945
Certification of City Legal Advisor
of the Summary prepared
for the above -numbered Ordinance
The undersigned City of McCall Legal Advisor, having reviewed the above -
numbered Ordinance and the Summary for the above -numbered Ordinance, believes the
Summary of the above -numbered Ordinance is true and complete and that it provides
adequate notice to the public of the identity and principal provisions of the Ordinance.
Dated this 11 day of August, 2016.
William F. Nichols