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HomeMy Public PortalAboutOrd. 654 - Street Carnivals/Hawkers Permits and License FeesORDINANCE NO.654 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO STREET CARNIVALS, HAWKERS; PERMITS AND LICENSE FEES WITH RESPECT TO THE SAME; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Section 4-3-6 of the McCall City Code, creating a special $10 license tax category for circuses, equestrian or other acrobatic performance, caravan, or menagerie, is repealed. Section 2. Sections 4-3-7, 4-3-8, 4-3-9 and 4-3-10 of the McCall City Code are renumbered and they and Section 4-3-11 are amended to read as follows: 4-3-97: HAWKER DEFINITIONS: For purposes of sections 4-3-7 through 4-2- 11 (A) "Exempt nonprofit organization" means 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 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 under (A) or (B) above: 1. a copy of its tax-exempt status determination letter from the IRS, or 2. 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 3. a certification from a certified public accountant licensed in Idaho that such organizer is not required to file an income tax information return because is it a tax-exempt organization with less than the threshold amount of income necessary to trigger a filing requirement. (B) "Hawker" means each and eEvery person who offers goods; wares-er m^.,,«iee for sale -by -eatery on the streets, or s"a" nduct b sines^ from_a vehicle or a stand and who does not have a permanent place of business within the City of McCall ; (C) "Goods," and "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 passaae 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; (D) "Permanent place of business" means a building or significant portion of a building which is the primary business location within McCall of the business condu ted from the vehicle or at the stand. 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 from the vehicle or at the stand: and (Ord. 197, 4-2-56) (E) "Stand" means 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 ORDINANCE NO. 654 page 1 of 5 adopted December 9,1994 meaning of this paragraph when it is not moving at the time of the solicitation of the sale. 4-3-7$ STREET CARNIVALS, TENT, STREET SHOWS, ETC. -- FEE: No person shall put on any kind of street carnival. tent or street show. street fair circus, equestrian or other acrobatic performance. caravan. or menagerie, or pertormance of any kind whatsoever (below all called "camival or show") in the City without first paying a license fee and obtaining a permit. The permit shall be applied for on the same form as for a hawker's permit. except that item 1 need only be answered for the applicant. and items 4. 6. 11. 12. 16 and 17 may be omitted as not applicable. (A) A license -tax fee is hereby levied and assessed on each such -street -carnival or show , in the sum of fifty-dsllars ($50.00) per day, and the sum of t t --doily {$25.00) per day on each side show or other attraction or concession not under the management and control of such said street carnival or ether -tent -or -street show , except as hereinafter set forth in subsection (B) hereof; (B) From January 20 through February 20, both days inclusive, a license tax fee is hereby levied and assessed on each such street carnival or ether ten' er street show , in the sum of fifty dolma{$50.00) per day, and the sum of fifty-dollars-($50.00) per day on each side show or other attraction or concession not under the management and control of said -such street carnival or ether t^.,t er street shows -epee (C) If the permittee for such a carnival or show and the recipient of the gross income from such a carnival or show are not both exempt nonprofit organizations, an additional event license -fee must be paid in advance in an amount approved by the City Council as meeting the City's out-of-pocket and opportunity costs of employee time. fuels, lubricants. equipment time. and materials furnished in assistance to the carnival or show or to meet the needs of the public with respect to the occurrence of the carnival or show. including. but not limited to. police. fire, and public works. 4-3-1-9$ HAWKER'S LICENSE FEE AND PERMIT - APPLICATION -- ACTIVITIES: (A) No person shall do business as a hawker within the City of McCall without first obtaining a permit as a hawker from the City Clerk and paying a license fee for the permit. The application for such permit shall be filed with the City Clerk not less than 72 hours prior to the first day upon which sales are intended to occur. Except for exempt nonprofit organizations. the application shall be filed upon a form furnished by the City Clerk. which shall contain. but not necessarily be limited to. the following information and be accompanied by the following submittals: 1. Name and description of the applicant: if the applicant is an association. pompany. or corporation, then it shall submit a separate application for each natural person who will be actina as a hawker 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 to be sold, and in the case of products of farm or orchard. whether produced or grown by the applicant; ORDINANCE NO. 654 page 2 of 5 adopted December 9, 1994 4. If employed. the name and address of the employer. together with c credentials establishing the exact relationship between the employer and the applicant: and. if the net income of the hawker's operations will be payable to someone other than the hawker. but not an employer. the name and address of that payee. 5. 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); 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. The proposed method of operation; 8. Whether a permit or license issued to the applicant or the applicant's employer has been revoked within the last five years. and, if so. by what jurisdiction and for what reason; 9. Social security number and driver's license number of applicant; 10. 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; 11. The place where the goods or property proposed to be sold. or for which orders are to be taken for the sale thereof. are manufactured or produced. where such goods or products are located as the time the application is filed. and the proposed method of delivery to the City. 12 Two photographs of the applicant that are two inch by two inch. showing the head and shoulders of the applicant in a clear and distinguishable manner; 13. When the applicant proposes to peddle 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; 14. Property description of each location of sale activity. and written and notarized permission of the owner or owners of such real property to 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; 15. State Sales Tax Number. and Federal Tax Number; 16. Two photographs of any stand which the applicant will use or will use to conduct sales from; 17. Evidence of a valid electrical inspection for any electrical wiring which is part of the stand. and for any connection to an external power source; asi 18. The license fee. (B) The fee for the permit shall be ' $25-100.00) per day, except as hereinafter -set forth in subsection ($QJ below or in Section 4-3-8 above: an annual permit may be purchased for the sum of $2.500. ORDINANCE NO.654 page 3 of 5 adopted December 9, 1994 {Bj(C) From January 20- through February 20, both days inclusive, licen e tax is 4the license fee shall be $50-200.00) per day. except as otherwise stated in Section 4-3-8 above;. (D) A person holdin_g a hawker's permit or license during a winter carnival or other licensed street carnival. issued by the organizers of such carnival. shall not be required to hold a permit issued by the City under this section. (Ord. 506, 1-22- 87) (E) The City's or carnival organizer's permit shall be posted upon the stand at all times when the stand is open for business. The activities conducted by the hawker must conform to the description in the application for the permit. and no sign shall be on or about the 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 is false. or if a statement made by sign at the stand is false. the permit shall be void. (F) Doing business as a hawker without a valid hawker's permit: or making a false statement in a submitted application: or purporting to be an applicant. when in fact merely selling ones 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 a hawker without a hawker's permit displayed on the vehicle or stand. forthwith to remove their vehicle or stand from the City. 4-3-81Q: HAWKER'S LICENSE REQUIRED -BY -ANY FOR EXEMPT NONPROFIT CORPORATION, SCHOOL, LODGE, CHURCH, CIVIC BODY OR CIVIC GROUP ORGANIZATIONS , CERT-AIN-AC; NNT„ES—RX-ITG, _LICENSE FEE: A license tax-fggof ten dellar-s-($10) per day is hereby levied and assessed on each and every exempt nonprofit organization seeking a hawker's permit-fienprefit-eefperatienTseheet . The application for such permit shall be filed with the City Clerk not less than 72 hours prior to the first day upon which sales are intended to occur. upon a form furnished by the City Clerk, which shall contain, but not necessarily be limited to. the following information and be accompanied by the following submittals: 1. Name and description of the applicant; 2. Address. both legal and local: 3. A brief description of the nature of the business and of the goods to be sold. 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. When the applicant proposes to peddle any prepared food product for human consumption (other than frozen products not intended for immediate consumption). an approval from Central District Health that ORDINANCE NO. 654 page 4 of 5 adopted December 9, 1994 the proposed method of food Preparation and service meets applicable health standards: and 7. The license fee. (Ord 507, 1-22-87, as am. Ord. 1993) 4-3-11: ADDITIONAL EXCEPTIONS: No charge or assessment of any kind be made or levied on any wagon or vehicle or on the owner bringing produce or provisions to any farmers' markets that may be established in the City, , A permit for a farmers' market may be issued for a location on private property. on City right-of-way. or other City property. provided that insurance is provided with the City as a co-insured if on city Property or right-of-way. A farmers' market shall pay a license fee in like fashion as that assessed to a exempt nonprofit organization street carnival, if only participant -grown produce is to be sold: otherwise the fee shall be assessed as for a for -profit street carnival. No sign at such a market shall be on or about a stand making any statement that is untrue: for one example. a sign shall not state "local produce" if the Produce was not grown on land in Lona Valley within Valley County. Idaho. or Meadows Valley within Adams County. Idaho. (Ord. 395, 12-3- 79 am. Ord. 1993). Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved December 9, 1993. Laurence A. - mith, Jr. Mayor ATTEST: Arthur . Schmidt, City Clerk ORDINANCE NO. 654 page 5 of 5 adopted December 9, 1994 CERTIFICATE OF RECORDING OFFICER STATE OF IDAHO ) ) ss COUNTY OF VALLEY) I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. (o s/ is a true and correct copy of an ordinance passed at a regular meeting of the Council of McCall City held on 1: 0A41, , 19 93 , and duly recorded in my office; and 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand an4 affixed the --icial seal of the City of McCall, Idaho, this �Z w _ day of , 19 ?3. (Seal of the City) Arthur midt , City Clerk