HomeMy Public PortalAboutOrd. 681 - Farmers' MarketORDINANCE NO.681
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
FARMERS' MARKET; EXEMPTING THE SAME FROM THE HAWKERS'
LICENSE; PROVIDING FOR A FARMERS' MARKET PERMIT; MERGING THE
PROVISIONS OF THE PEDDLER'S LICENSE INTO THE HAWKERS' LICENSE
CHAPTER; EXTENDING THE HAWKERS' LICENSE TO RENTALS AND
PURCHASES AS WELL AS SALES, AND TO SERVICES AS WELL AS GOODS;
PROVIDING THAT PERMIT AND LICENSE FEES BE SET BY RESOLUTION OF
THE COUNCIL; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. McCall City Code Title 4, Section 4-3-7, relating to definitions, is amended as
follows:
4-3-7: DEFINITIONS: For purposes of Section 4-3-7 through 4-3-11:
EXEMPT NONPROFIT An organization which is exempt from Federal
ORGANIZATION: 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 subsections (A) or (B)
of Section 4-3-9:
(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.
FARMERS' MARKET A street -oriented event organized and managed by an
exempt nonprofit organization consisting of open-air
showing and sale of farm produce by the farm producers
who produced the same. and also the place where the
related activity occurs.
FARM PRODUCE All 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.
ORDINANCE NO.681 Adopted by Council August 24, 1995 page 1 of 6
Printed August 11,1995. Publish August 31, 1995. By the City Attorney at the request of Council.
GOODS, SALE and Have the same definitions as under the Uniform
SELL: 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.
HAWKER: Every person who offers goods or services for saleQ
rent. or offers to purchase goods. on the streets, or from
a vehicle or a stand, and who does not have a
permanent place of business within the City of McCall,
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 a person whose activities are covered by a
concession or lease contract with the City for activities
on City property such as a park.
PERMANENT PLACE A building or significant portion of a building which is
OF BUSINESS: the primary business location within McCall of the
business conducted 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.
PEDDLER 4 3 14: PEDDLER DEFINITION: The term
any person who goes from place
to place and house to house, carrying,, -for sale -of
offering.. for sale or exposing4ef-sale-goods or services
for sale or rent. or offering to purchase goods;- wares -or
fflefetiandisc
(MCC 4-3-14, enacted by Ord. 197, 4-2-56; am. &
redesignated, Ord. 681, 8-24-95)
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 paragraph when it is not
moving at the time of the solicitation of the sale.
(Ord. 654, 12-9-93; am Ord. 681, 8-24-95)
Section 2. McCall City Code Title 4, Section 4-3-8, relating to street carnival licenses, is
amended as follows:
4-3-8: 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
performance of any kind whatsoever (below all called "carnival 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. The
amount of the fee shall be set by the Council from time to time by resolution, in an
amount calculated to reimburse the City for its expenses of processing the application
and issuing the permit.
ORDINANCE NO. 681 Adopted by Council August 24, 1995 page 2 of 6
Printed August 11,1995. Publish August 31, 1995. By the City Attorney at the request of Council.
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.
(Ord. 654, 12-9-93; am. Ord. 681, 8-24-95)
Section 3. McCall City Code Title 4, Section 4-3-9, relating to licenses, is amended as
follows:
4-3-9: HAWKER'S AND PEDDLERS LICENSES; FEE AND PERMIT;
APPLICATION; ACTIVITIES:
(A) No person shall do business as a hawker or peddler 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 seventy two (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 fumished 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,
company, or corporation, then it shall submit a separate application for
each natural person who will be acting 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 rr
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. If employed, the name and address of the employer, together with
credentials establishing the exact relationship between the employer and
the applicant; and, if the net income of the hawker's or peddlers
operations will be payable to someone other than the hawker or peddler,
but not an employer, the name and address of that payee;
5. The date or dates for which the permit is requested (which in the case of
a hawker 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;
ORDINANCE NO. 681 Adopted by Council August 24, 1995 page 3 of 6
Printed August 11,1995. Publish August 31, 1995. By the City Attorney at the request of Council.
8. Whether a permit or license issued to the applicant or the applicant's
employer has been revoked within the last five (5) 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. services or property- products proposed to
be sold or rented, or for which orders are to be taken for the sales'
rental thereof, are manufactured or produced, where such goods or
products are located at the time the application is filed and the proposed
method of delivery to the City;
12. Two (2) photographs of the applicant that are two inch by two inch (2" x
2"), showing the head and shoulders of the applicant in a clear and
distinguishable manner;
13. When the applicant proposed 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. In the case of a hawker. the DFroperty 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 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 (2) photographs of any stand which the applicant will use or will use
to conduct sales from;
17. Evidence in the case of a hawker of a valid electrical inspection for any
electrical wiring which is part of the stand, and for any connection to an
external power source; and
18. The license fee.
(B) The fee for the license or permit shall be set from time to time by the Council by
Resolution. and shall provide for per diem and for per annum fees-one-hutidred
: the fee for exempt nonprofit
organizations shall be set at an amount necessary to cover processing only.
4-3-8-above.
(D) A person holding 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.
(E) The City's or carnival organizer's permit shall in the case of a hawker be posted
upon the stand at all times when the stand is open for, business. The activities
conducted by the hawker or peddler must conform to the description in the
application for the permit, and n o sign shall be on or about-thea hawkers 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,
ORDINANCE NO. 681 Adopted by Council August 24,1995 page 4 of 6
Printed August 11,1995. Publish August 31, 1995. By the City Attorney at the request of Council.
Idaho, or Meadows Valley within Adams County, Idaho. If a statement made in the
application for a hawkers or peddlers license is false, or if a statement made by a
sign at t-t#ea hawkers stand is false, the permit shall be void.
(F) Doing business as a hawker without a valid hawker's permit or as a peddler
without a valid peddlers license; 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 hawker without
a hawker's permit displayed on the vehicle or stand, forthwith to remove their
vehicle or stand from the City
(Ord. 654, 12-9-93; am. Ord. 681, 8-24-95)
Section 4. McCall City Code Title 4, Section 4-3-10, relating to exempt nonprofit
licenses, is amended to read as follow:.
4-3-10: HAWKER'S LICENSE REQUIRED FOR EXEMPT NONPROFIT
ORGANIZATIONS; LICENSE -FEE:
The application for -such an exempt
nonprofit organization hawkers or peddlers permit shall be filed with the City
Clerk not less than seventy two (72) hours prior to the first day upon which sales,
rentals. or purchases 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:
(A) Name and description of the applicant;
(B) Address, both legal and local;
(C) A brief description of the nature of the business and of the goods4r_
services to be sold. rented. orpurchased, and in the case of products of
farm or orchard, whether produced or grown by the applicant;
(D) The date or dates for which the permit is requested (which must include
days when in the case of a hawker the stand is left in place, whether or
not open for business);
(E) The proposed method of operation;
(F) When the applicant proposed 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; and
(G) The license fee.
(Ord. 654, 12-9-93; am. Ord. 681, 8-24-95)
Section 5. McCall City Code Title 4, Section 4-3-11 relating to farmer's markets, is
amended to read as follow:.
4-3-11: ADDITION"' EXCEPTIONS FARMER'S MARKETS: No charge or
assessment of any kind shall be made or levied by the City on any wagon or
vehicle or on the owner bringing farm produce-erprev+ci0R3 to any farmers' market
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 farmer's market shall pay a license feo in liko `achion that
designed to cover
only costs of processing the application and of issuance of the permit, if only farm
r r ' r produce is to be sold by the farm producer who
ORDINANCE NO. 681 Adopted by Council August 24, 1995 page 5 of 6
Printed August 11,1995. Publish August 31,1995. By the City Attorney at the request of Council.
produced it 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 Long Valley within Valley County, Idaho, or Meadows Valley
within Adams County, Idaho.
(Ord. 654, 12-9-93, am. Ord. 681, 8-24-95)
Section 6. Sections 4-3-15 and 4-3-16 are repealed except as their substance may be set
forth above.
1 3 15: PEDDLER LICENSE FEE: A liccn;,c tax is hereby levied and adze -zed
($25.00) per day. (Ord. 395, 12 3 79)
Section 7. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
Passed and approved July 27, 1995.
Dean Martens -
Mayor
James H. Henderson,
City Clerk
ORDINANCE NO. 681 Adopted by Council August 24,1995 page 6 of 6
Printed August 11,1995. Publish August 31, 1995. By the City Attorney at the request of Council.
City of McCall
Certificate of Recording Officer
State of Idaho )
County of Valley )
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, 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 the City of McCall, Idaho, and that I am the statutory custodian of all laws,
ordinances and resolutions of said City.
2. That the attached Ordinance No. 681 is a true and correct copy of an ordinance passed at a
regular meeting of the Council of the City of McCall held on August 24, 1995, 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 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 and affixed the official seal of the City of McCall,
Idaho this 25th day of August 1995.
James H. Henderson, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.SS
County of Valley
I, Ramona A. French, being duly sworn and say, I am the receptionist
of The Central Idaho Star -News, a weekly newspaper published at McCall, In
the County of Valley, State of Idaho; that said newspaper Is In general
• circulation in the county of aforesaid and Is a legal newspaper, that the
NOTICE OF ORDINANCE NO. 681, a copy of which Is enclosed hereto and is
a part hereof, was published In said newspaper once a week for one consecu-
tive week In the regular and entire Issue of every number there of during the
period of time of publication, and was published in the newspaper proper and
not in a supplement; and that publication of such notice began August 31, 1995
ended August 31, 1995.
Subscribed and swom be(bre me thl a 31st day of August, 1995.
STATE OF IDAHO
COUNTY OF VALLEY J
On this 31st day of August, in the year of 1995, before me, a Notary
Public, personally appeared Ramona A. French, known or identified to me to
be the person whose name subscribed to the within Instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
• Tom Grote
Notary Public for Idaho
Residing at McCall. Idaho
Commission Expires: 1999
ORDINANCEN0.:681
AN ORDINANCE OF THE CITY. OF
McCALL. IDAHO.. RELATING TO "THE,
FARMERS' MARKET: EXEMPTING THE'
SAME FROM THE'HAWKERS' LICENSE
PROVIDING Pole A'FARMERS'.MARKEF
PERMIT; MERGING THE PROVISIONsOF
THE PEDDLER'S LICENSE INTO.THE
HAWKERS'LICENSECHAPIER;EXTEND-
' ING THE HAWKERS' LICENSE TO.
RENTALS ANDPURCHASFS AS WELL AS'
SALES; AND TO SERVICES. AS WELL AS
GOODS; PROV101NO THATPERMTI•AND
• LICENSE FEES DE SET BYRFSOLUTION
OP THE COUNCIL; AND pROVIDING AN
EFFECTIVE DATE.
BEITORDAINEDBYTHEMAYORAND.
COUNCIL OF THE' CITY OF' McCALE,
IDAHO. AS FOLLOWS:'
Sestmal McCallCilyCod Td 4; Section
4 3.7. relatingto defsnitjo emended'as
follows:
4-3-7: D0FDHITONS: Per purpose of See-.
don 4-3.7hrouaanh4.3-11i
/` EXEMPT NONPROFIT' OROANIZA-
1 • dem h a An organization which exempt from.
'Fegerol Income to as a charitable ornon on.
organisation. To ulablish such. exemptnon.
eroofaslotus,whenthypennivaudde ,r..rrem,
m both known by the Cluk ro be an rite face
f the matter esempt from Federal income tax;
such asnationalyouthorgenkatioris, churches
or rzrognlvd service
clubs such as Rotary, or
the Liana the urganizershall Me with is appli-
(Mocation forthe pemsd undo bsectiaa(A) or.
tSection 43•9:
(A)Anncopy of its l texepsunudetetnd-
nation letter from the IRS; ore
(D) Acerriftetion from a certified public
accountent l licensed in o thatsorhorganirec Mu information moan with de IRS Datss•
exempt
xemptm ul:ell n,or
s (C) Aanifeatia froma mated public
accountant licensed in Idaho that soh organizer
not required to Mean income lox information
return because it is a tie: iempcorganGitien
with less than the threshold amount of ttmne
naessary.Io Wggere Ming ugoitemenL
NwRMER_cr MARKET '" AgRa-eri•
goledrventnnganiord andmenarMhvnnrargg{
ponomfil'orrenlestlon,eonrin,lne or oven -.a
showing and sale atom =dose by the fern
p®lutxna whemodumd the some and alsolhr
One saber Or relrtr4 utters mot,..
' FARMPROrsllrE. AlLucirath
mist horticulturalviticulture] and veritable'
plmtamf r the soil'agionv oendurrs:eres'as(
Sr
ear but, noltimbrr end timber products,
livestock- mullrv: nattily modules mhen lbuu
r^aq. dein. memvtn ether than ahem. field
grainririShan. 4rirrr erae hws arM
- FARM PRODIUCpa' - Aev oerx
ka2ggedlnthbnsin1,1m11vnca00nelnowmn -
or GOODS. SAand e Have- the.
name definitions as n aunder the Uniform
SELL: Commercial Cade, wepptt Net the
umeandthe loatianofthe saeanosdeteimiad
butbyton i1 bytha memwMrhrind toa atl hichile
ogenenntwu made tourer Into de purchase
and
•evrrypessmwlrooRee,
goods or errvicrl for sale or cent'oedffemtu
D'eh ase auda, on the deem; or rrom a vehicle
or a ord.-and who does not have apominent
plea. f bine ithin She City.ofiMcCalk
roc lsd' r h' clef 'f 'k
ddivery ofgooda tadv ordered •br'Itc
testae,' and excluding from thin definition a
Pcmvnwholsnno peddlerandwhosesctivity(n.
melanpan is thin drivine n scouter route to lbn
location nr'eeb6ng customer who have' a-
mggrdfor rim visits andecolodine from ilYs
definition a aoon whose aaivilin aertuu¢d
by a caaennion m Ira•• eta ,mat with the COt.
mrectivitiesonrily property such as a tads-.
PERMANENrPLACEOFBUSINESS: A.
building rot sigoiftant portion of u tillldmg:
whith oePnemry,busisRu location within
McCall of the business conducted (rum die Ve-
hicle or et the slats, and which builang•oe
portion
majority of the ding lammed (or -leased forte
tar) by,,,apd to the mini.potsessim of the person howns the bushes
being conducted Demthe vehicloral thesramL
PEDDLER 4.3-14 fEBBhER•
•Any person goes from place to place and
house lohouse,aoying,feraleoroffering;fer,
saleeespoani f d, goods .aodre.A�or
Lsal
.,d (MCC 14 enactedby Ord.
197 4 ,56 a deredesignaled ON.681,e.24
95)
STAND: A art:. pukedvehicle,
tobtu: shelves, booth, stall, rock or any. other.
temporary busier -se lecirion, eeariorto a bultd-
kg, and loaned on a public right ( y.oron
prl tea pmpeney. adjea I theism hole is
parked wah the loanieg of this paragraph
when this not moving al the time of the solmita.lI of the sale.
(Ord.654 12.9-93; am Ord. 681 8.24-95)•
Sativa2 M CallGtycodeTOe4,Seroion
4-3.8, relating. to street carnival' 1 roux,. is
emended as follows:
4-3-8: STREET CARNIVALS. TENT,.
SIREETSHOWS, ETC: FEE:
• No person shall put on tiny kind of
street arrival, tent or arm !haw; mat fah,
eincu, equessn Norothe,aoobabe perfasmome,
van or, gedq,or performance 'or any.
kind whatsoever (below.all called drain' or.
show" the CVvrithemf spayinga license:
fee and obtaining annul The permit shall be,
applied for on the sane form as fora hawker's
mMt,aceptthartmm I needalybeamweied
ybna picantmd ilcros4,6.1 L 12,1611nd 17
may imor
1h tar abellberat by an Council from time m.
V rims by resolution in an amount weuleted m
Dimbmret efilfonts expenses afmes acsing
Ink aonlication and lamina tM prim, -
u,sseed on each such cense comival or show in Ois hereby levied we
ofmafErrydollua(550.00)perd,y,andthesum
twenty live dollars (525.00), per day on each
sidelshow or other auracrion or concession not
under the management andanal ufsarh
'carnival chew,ceptahereinafter,seofonh-
inabmets (D)hereof;
My 20, both dayssom inchalve, •20cense feels hereby.
levied'and assessed wn each such carnival or
show In Mecum ofEllydolars (SS0A0)perday,
and the arm of fifty dollar. (550.00) per day ont
eacheidesliow orotheramauionorcenceuion
not under the management and control of such
carnival orthaw.
andIfme the
al onniace for am such II carnival allow
pr gaossmceme (nomsuch
a carnivalcrshowarenaboN emprnonpralit
organizers en adatioml vets license fee
and paid in advance in an amount approved
bythe tyCauatl.n tsnglheCrty'smraf-
paketendoppmmnitycosaofemployee time,
fuels, lubricant., equipment time. and materials
fundshedio a.asuerrmtheemivdorshowor
to menthe need, o[hepatic withmsPee ttothe
occurrenceofthicarnivalorehow.including but
not limited to, police, fire and public works.
(Ord.654, 12.9-93; am. Ord 681, (-24-95)
$aaika3. MOC.tJ City Codex de 4, Seniors
4-3.9; relating !ohm.; is; amended as.fol.
lows:
4,3-9; HAWKER'S AND mom ERE
LICENSFS; FEElAND PERMIT: APPLICA-
TION:ACTIVITIES^
(A) No pprrr shall do hustncss a nt
howkayLgddining2 rolhe Cilpp 1 erfrom'
wiamuyCnserk obtaining paying penalise
keofrom
the Ooy Leak and paying a license fa for the
Mad t. wiTMappleationfasuchs the lshah be..
tried with the C'ty Clrh not leas linen
n seventy
two sar)lumsapdimto as Exceyu which
Wee are intended to cam, Except oraeaempe
pupon a form furnished
aIy all be
reed open a form famished by tieO y Clerk,
whichslue cowlo, but not necessarily bee liar
accomp the following information and be
accompanied ed by the following the aspen:
'Name uddrsccpoonofn, omacam;ir
the epsilon I,,an.aaaeution, company, on
corpoea4anrheai prsonwhsepamleappE-
4on (reach naturalralseam who will be Bering
as a hawker In the City. and each dull receive
and maintain bopanle pend
2Addbw, hoed lo lngol and ten
3:.A brier description of the nature of
business ond of the cods vr.rrvicr• to be sold
anchoritecase of products of.famh or orchard, whether.
produ. or grown by the applicant;
4/ if employed, the mare end address of the,
employer, together with eredemeeutobtishing,
the eiuct relottonshtp keaersr vthe employer and
De, applicaat and, if the net -income of the
bawkersoroeddler'aoppeennton,will be�ryyablel
aa tosomother Ours the hawku prpedtllm. bun
nos en employer, the. name and eddreo of that
payee
s, The date or dates for whiohthe omit is
request (which in Ihr este of a nanbwi p ednt
mclude days.. when the sande'en in place;
whether Grua open for bosuns:);
6.1fa vehicle Is to be used, ahxdplon of
the same; together with, its registered license
pia¢ number and to whom it La `
7. The proposed ofopcao6lco;
8. Whether anppermit or license )n ted to the
moteapplicant
withiinndnlesoE e(5)Dart* i(m
by what jurisdiction and for what reason; -
9. Social security number and driver's li-.
l case number of applicants
10. A statement as to whether or not the
applicant has been convicted of a violation of
y Federal; Sate or Municipal law; the nature
of the offense and the date, and the pualshmms
onpaalty assessed therefor;
. PIl:e place where Ore goods jpua or-
opeThatkir l m idopaedtobe solelmgcntfd;
or (or which orders are to be taken for the saes
where
suereof. ore. manufactured or produced,
n
here ernh goods or products are located at the
rime the application is filed arid: the proposed:
method ofdeliveryto the OD;
12.Two(2)photograplie of
27 V) pppcwjngr t
me two l hbyl h(2 Showing the
head adsh Ides ftheopplamI a learsnd
disringuisheble manners,
13. When to applicant proposeds to peddle
snyprepared food product f h nancmmmp
lion (dmfifieea than frozen products mantetidm for
mmediue umptioo),anepaovalfrmrCen-.
dal District Health Mat teproposN method of
preparationfood and sauna nteaaapplirable
Continued from page 21 merely selling ones ability to obtain a permit. as a•co-insured if on City property or right of
14. In.the.case.of a=hawker, the DProperty
, description of each location of sale. •rental, or
purchase activity, and written and 'notarized
permission of the owrieror owners of such real
property. to engage in or conduct business on
, such property; if there is any question of the to require a vendor doingbusiness as a hawker producers''farm-participant-grown produce is
ownership of the property, it:is•the duty of the -without a .hawker's permit displayed on the • to•be sold by the farm producer who produced
applicantto furnish satisfactory proof of the vehicle orr stand, forthwith to remove- their ;it; otherwise -the fee shall - be assessed •as for a i
same; • . vehicle or stand from the'City for -profit street carnival. `'No sign at such a q
• 15. State sales tax number, and Federal tax (Ord.-654,12-9-93; am. Ord..681, 8-24-95) market shall be on or about a stand making any 1
Section 4. McCall City Code Title 4, Sec- statement that is untrue; foroneexample: a sign ,
tion 4-3-10,. relating to exempt nonprofit shall not state "local produce" if the produce
licenses, is amended to read as follow:. was not grown on land inLong Valley within
4-3-10: HAWKER'S LICENSE RE Valley County, Idaho, or Meadows Valley'
QUIRED FOR EXEMPT NONPROFIT within Adams County, Idaho.
ORGANIZATIONS; LICENSE —FEE: A—li- (Ord. 654,12-9-93,.am. Ord. 681, 8-24 95)-i
1..,,a.. f.....,f t.,,. Jvlla,a ($I0:00) In., day is Section 6. Sections 4-3..15 and 4-3-16 are
repealed except as their substance may. be set
,l.A II .11.1111.111.1t v.gau;1.ai;vn. •aa...k ..g' a forth above. •
l.awk. a'a ..it. The application forstieh an 4-3-15: PEDDLER - LICENSE FEE: A
exempt nonprofit organization hawker's or license -tax is hereby levied and assessed on
peddler's permit shall be filed with the City each and every peddler of goods, wares or
Clerk not less than seventy two (72)hours prior merchandise' of any character, whether a ped-.,
.to the first day .upon which sales, rentals. or dler on foot or by and from a vehicle, the sum
purchases are intended to occur, upon 'a form of twenty fivedollars ($25.00) per day. (Ord.
furnished by the City Clerk, which shall con- 395, 12-3-79)
tain, but not necessarily be limited to, the
.following information and be accompanied by Chapt,.r e.hall aptly, to.pcJdl...a J.,aing ;n ag. i-.
the following submittals:. ?
(A) Name and description of the applicant;. w.tI.;n the Stst... (O,d. 197, 4-2-56)
(B),Address, both legal and local; Section 7: This Ordinance shall .be in full;
(C)-A brief description of the nature of the force and effect from and after its passage,.
business and of the goods or services to be sold, , approval and publication as required bylaw.
rented. orpurchased,.and in thecase of prod- Passed and approved July 27, 1995. •i
ucts of farm or orchard; -whether produced or Dean Martens, Mayor
grown by the applicant; - ATTEST:•James•H. Henderson, City Clerk.{
. (D) The date or dates for which the permit .,1t8,31.:
is requested (whichmust include days when in
:the -case of a hawker the stand is left in -place,
. whether or not open for business); •
(E) The proposed method ofoperation;.
• (F) When the app1icantproposedtopeddle-
-
any. prepared food, product for human con-
sumption', (other than frozen products not
intended for immediate consumption),,an ap-
proval, from Central District Health that the
proposed method .of food preparation and
• service meets applicable health standards; and
(G)The license fee. .
(Ord. 654, 12-9-93; am. Ord.'68,1,.8-24-95) I
Section.5. McCall -City Code Title 4, Sec-
tion 4-3-11 relating to •farmer's markets, is
amended to read as follow:. •
4-3-1-1:
. FARMER'S -MARKETS: No charge -or as-
sessment of any kind shall'be rnade or leviedy
the Ci y on any wagon 'or vehicle or on the
.owner bringing,_farm produce .,. pro.;si.,..a.to 1
any farmers' market that may be established in .
the City. A permit for a farmers' 'market may be
issued fora location on private property, on' 1
City right ofway, or other City,property, pro-
•vided that insurance is provicled with -the City l
number;
l6. Two (2) photographs of any stand which
, the applicant will use or will use •to conduct
" sales from; • •
17. Evidence in the case of a hawker of a
valid electrical inspection for anyelectrical
wiring which is part of the stand, and •for any
connection'to an external power source; -and
18. The.license;fee. •
(B) The fee for the license or permit
shall be set from time to time by the Council by
Resolution. and shall provide for per diem and
for per :annum fees.:otn, h.ind.ed-ah,lla,a
tioa. (C) hs.l:,rr .,. ;.. Sect.°. 4-3-8 alooc, tat
m.neal t,,,. an,;...ay
pa.. naa ,i r.. ua, aa.n
the feefor.exempt n�nprofit organizations shall
be set atan amount necessary to cover process-
ing only "
(C) ' From January 15 through February
20,•both days inclusive, thelicense fee shall be
two hundred dollars•($200.00) perday,•except
as otherwisestated in Sectiom43-8 above.
•(D) . Aperson holding a hawker's per-
mit or license during a winter carnival orother
licensed street carnival, issued by the organiz-
• ers.of such carnival, shall not be required to
hold a ,permit issued by the City -under this
• Section. ' ' -
(E) • The 'City's:Or carnival organizer's
permit shall in the case.of a hawker be posted"
• upon the .stand at all ,times when- the .stand is ,
' open for business. 'The activities -conducted -by .
the hawker orpeddlermust conform to the --
. description in -the application for the permit„
.andtt 2signshallbeonorabouttheahawker's
stand 'making any statement that is untrue or is
at variance from the application; for one ex-
ample: a sign shall not state "localproduce" 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
statenientinade in the applicationforahawker's
or peddler's license is ,false, or if a statement
made by a sign at tthea hawker's stand is false, •
the permit shall be void. .
' (F) Doing business as a hawker with -
'out a valid hawker's permit or as a peddler
without a valid peddler's license; or making a
false statement in a submitted application; or
purporting. to be an ''applicant, when fact'
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
way. A farmer's.marketshall pay a license fee
i.. lik., .fa;h;o,.-aa tl at ass.a ..J t<, ,,..., .!}li►,
t,vnp,vlit,gainaat,vuahwtaa,,..,aft deSigtted
to cover only.costs of processing the.applica-
tion and ofissuance of the permit, if only farm