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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 By . lik4 :-�,?t' 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