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Home My Public Portal AboutOrdinance 946 - Title 4 Amendment Craft Fair Vendors Permit ExclusionORDINANCE NO.946 AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 4.7.2, VENDOR'S LICENSES; FEE AND PERMIT; APPLICATION, OF TITLE 4, BUSINESS REGULATIONS, CHAPTER 7, LIMITED DURATION BUSINESS LICENSES, OF THE McCALL CITY CODE TO INSERT A NEW SUBPARAGRAPH (E) PROVIDING THAT A PERSON HAVING A STALL, BOOTH OR VENDING AREA AT A CRAFT FAIR OR BAZAAR SHALL NOT BE REQUIRED TO HOLD A CITY -ISSUED VENDOR'S PERMIT OR LICENSE PURSUANT TO SECTION 4.7.2 OF THE McCALL CITY CODE, RELETTERING THE REMAINING SUBPARAGRAPHS, AND PROVIDING 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 4.7.2, Vendor's Licenses; Fee and Permit; Application, of Title 4, Business Regulations, Chapter 7, Limited Duration Business Licenses, 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 AUGUSlitT, 2016. `Ot�Mcce4tqt ��i 4 1 Ci ,r'4 s� r. z • •Z. o" * 4,11b. „ ID r, .4,4_4_ City Clerk Attest: Ordinance 946 Amending 4.7.2 August 11, 2016 Approved: By ayor Page 1 of 4 EXHIBIT A 4.7.2: VENDOR'S LICENSES; FEE AND PERMIT; APPLICATION: (A) No person shall do business as a "vendor" as defined in section 4.1.2 of this title, or as part of a "public event" as defined in section 4.8.1 of this title within the city of McCall without first obtaining a permit as a vendor from the city clerk and paying a license fee for the permit. Excluded are vendors of farmers' markets and sales representatives. (B) The application for such permit shall be filed with the city clerk not less than seventy two (72) hours prior to the first day upon which sales are intended to occur. An application for such license shall be made to the city clerk in such form and manner as provided by the city clerk's office and will include the following: 1. Name and description of the applicant; if the applicant is an association, company, or corporation, then it shall submit a separate application for each natural person who will be acting as a vendor in the city, and each shall receive and maintain a separate permit; 2. Address, both legal and local; 3. A brief description of the nature of the business and of the goods or services to be sold or rented, or the goods to be purchased, and in the case of products of farm or orchard, whether produced or grown by the applicant; 4. The date or dates for which the permit is requested which must include days when the stand is left in place, whether or not open for business; 5. The proposed method of operation; 6. If a vehicle is to be used, a description of the same, together with its registered license plate number and to whom it is registered; 7. State sales tax number, federal tax number, and driver's license number of applicant; 8. A statement as to whether or not the applicant has been convicted of a violation of any federal, state or municipal law, the nature of the offense and the date, and the punishment or penalty assessed therefor; 9. When the applicant proposes to sell any prepared food product for human consumption (other than frozen products not intended for immediate consumption), an approval from Central district health that the proposed method of food preparation and service meets applicable health standards; 1 O. The property description of each location of sale, rental, or purchase activity, and written and notarized permission of the owner or owners of such real property to Page 2 of 4 Ordinance 946 Amending 4.7.2 August 11, 2016 engage in or conduct business on such property; if there is any question of the ownership of the property, it is the duty of the applicant to furnish satisfactory proof of the same; 11. A photograph of any stand which the applicant will use to conduct sales from and a photograph of any signage; 12. The license application fee. (C) The fee for the license or permit shall be set from time to time by resolution of the city council, and shall provide for per diem and for per annum fees. Such fees shall be nonrefundable. (D) A person holding a vendor's permit or license which is part of another licensed street carnival or event during a winter carnival issued by the organizers of such carnival or event, shall not be required to hold a permit issued by the city under this section. (E) A person which is a part of a Craft Fair or Bazaar shall not be required to hold a permit issued by the City under this Section. (E)(F) The city's or event organizer's permit shall in the case of a vendor be posted upon the stand at all times when the stand is open for business. The activities conducted by the vendor must conform to the description in the application for the permit. No sign shall be on or about a vendor's stand making any statement that is untrue or is at variance from the application; for one example: a sign shall not state "local produce" if either in fact or according to the application the produce was not grown on land in Long Valley within Valley County, Idaho, or Meadows Valley within Adams County, Idaho. If a statement made in the application for a vendor's license is false, or if a statement made by a sign at a vendor's stand is false, the permit shall be void. (F)(G) Doing business as a vendor without a valid vendor's permit, or making a false statement in a submitted application; or purporting to be an applicant, when in fact merely selling one's ability to obtain a permit or to obtain a permit at a lesser fee; or falsely certifying the status of a group as exempt from federal income tax; are all misdemeanors, and each day the violation continues is a separate offense. The police department is authorized to require a vendor doing business as a vendor without a vendor's permit displayed on the vehicle or stand, forthwith to remove their vehicle or stand from the city. ( 4(H) All persons doing business as a vendor must abide by the following for signage: 1. Limit the square footage of allowable vendor signage to fifteen (15) total square feet. 2. The maximum square footage includes A -frame portable signs so long as they are not located on a sidewalk or public pathway and are within twenty five feet (25') from the point of sale. Page 3 of 4 Ordinance 946 Amending 4.7.2 August 11, 2016 3. The maximum square footage includes flags or banners, so long as the flags or banners are not freestanding (i.e., should be mounted to the vendor's tent, truck, table, booth, etc.). (H)(I) The permitting process for a nonprofit organization vendor shall be the same as a for profit vendor. (1)(J) Those exempt from requiring a vendor's permit are school age children selling various fundraising items including, but not limited to, Girl and Boy Scouts, school sponsored sporting or music events, school age clubs such as Optimists. (Ord. 938, 12-17-2015) Page 4 of 4 Ordinance 946 Amending 4.7.2 August 11, 2016 A SUMMARY OF ORDINANCE NO.946 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING SECTION 4.7.2, VENDOR'S LICENSES; FEE AND PERMIT; APPLICATION, OF TITLE 4, BUSINESS REGULATIONS, CHAPTER 7, LIMITED DURATION BUSINESS LICENSES, OF THE McCALL CITY CODE TO INSERT A NEW SUBPARAGRAPH (E) PROVIDING THAT A PERSON HAVING A STALL, BOOTH OR VENDING AREA AT A CRAFT FAIR OR BAZAAR SHALL NOT BE REQUIRED TO HOLD A CITY -ISSUED VENDOR'S PERMIT OR LICENSE PURSUANT TO SECTION 4.7.2 OF THE McCALL CITY CODE, RELETTERING THE REMAINING SUBPARAGRAPHS, AND PROVIDING AN EFFECTIVE DATE THEREFOR. • This Ordinance exempts individual vendors at a licensed craft fair or bazaar from having to obtain and pay for an individual vendor license. 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. `osoustifutiot ,,,,,`O� 1,I1cCglt�r ' , l4 d u SEAL x =* O• a N.r By BessieJo W Ordinance 946 Amending 4.7.2 August 11, 2016 Summary Approved: CKIE J Y ► • N, Mayor ORDINANCE SUMMARY CERTIFICATION Ordinance No. 946 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. ichols