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Home My WebLink About4032 AN ORDINANCE establishing license pro- cedures and fees for Temporary Merchants, · Peddlers, Vending from Mobile Units and Gharitable Solicitations and repealing the following Ordinances: #863 as amended by #3625; #1662 as amended by #2044, #2174, and #3625; #2202 as amended by #3625. The City Council of the City of Bremerton does hereby ordain: SECTION 1. DEFINITIONS In construing the provisions of this chapter, except when otherwise declared'or clearly apparent from the context, the following deflnitions shall be applied: (a) "TEMPORARY MERCHANT", means and includes anyone who, with intent to engage temporarily, transiently or itinerantly in such business in the city, sells goods, wares or merchandise at retain, and who for the purposes of carrying on such business, hires, leases or occupies any building, structure, tent, lot or premises, for the exhibition and sale of such goods, wares or merchandise; provided, that the provisions of this section shall not apply to public officers selling property under authority of law and to persons selling property under court order. (b) "PEDDLER", means any person, either as agent or principal, who carries goods, wares or merchandise of whatever nature or description from house to house, building to building or upon any Street, highway or public place within the city for the purpose of selling such goods, wares or merchandise or solicitor¥ orders'for the same. Exempt from the meaning of this definition shall be newspapers. (c) "VENDING OF FOOD FROM MOBILE UNIT", means the vending of edible merchandise from a mobile unit parked in a regularly assigned parking place on city streets or traveling city streets for the purpose of selling edible merchandise. Exempt from the meaning of this definition shall be those mobile units used specifically for the delivering only of food pursuant to orders taken at an established place of business. - 1 - (d) "GHARITABLE", means any Charitable, religious or non- profit organization or corporation which has received tax exempt status under IRC 501(C)(3), 26 USCA 50](C)(3) as adopted or as hereafter amended. A copy of said tax exemption will be filed with the City Clerk. (e) "Solicit" and "Solicitation" shall mean the request, directly or indirectly, of money, credit, property, financial assistance or other thing of value on the plea or representation that such will be used for a charitable purpose as hereafter defined. "Solicit" and "solicitation" shall include the following methods of requests, collections or receipts: (1) Any ora/ or written request. (2) The sale of, offer attempt to sell any change, coupon, device, tag, emblem, ticket, book, card, magazine, membership, merchandise, subscription, advertising space or other thing in connection with which an appeal is made for a charitable purpose or any statement is made that the whole or any part of the proceeds from such sale will be donated to or will Go to a charitable purpose. SECTION 2. APPLICATION License applications for a Temporary Merchant, Peddler, Ven- dor of Food from a Mobile Unit and/or Gharitable Solicltators shall be made to the City Clerk on forms prescribed by that office. The application must be filed at least two weeks prior to the commencement of the activity proposed. All applications will be reviewed by the Police department and such other department(s) as determined necessary by the Gity Glerk. It shall be unlawful to conduct any of the referenced activities without first procuring a license to do so. SECTION 3. SPECIAL CONDITIONS - MOBILE UNIT VENDORS (a) Vendors from Mobile Units shall not use radios or any other sound devices to attract public attention unless in accordance with Ordinance #1092 - Sound Equipped Vehicles and Ordinance #3?22 - Noise Levels. (b) A receptacle of adequate size shall be provided on said -- 2 -- unit for the deposit of refuse. (c) The owner or operator of such mobile unit vending or peddling edible food shall fully comply with any and all federal, state and city laws regarding the purity of such food and the cleanliness of such unit. (d) Mobile units must be 100 feet from an existing and sta- tionary like business. (e) Insurance, as approved by the City of Bremerton - Risk Manager, shall be required. SECTION 4. LICENSE FEES AND TERMS (a) Temporary Merchants: The fee for a temporary merchants license shall be $50.00. This license shall not exceed 30 days in duration. A Temporary Merchants license will be issued only twice in a 12 month period. (b) Peddlers: The fee for a Peddlers license shall be $10.00 per month or $50.00 per year, per peddler, not prorated for any part of a license year. (c) Mobile Unit ~: The license fee for Mobile Unit Vending shall be $50.00 per year, not prorated for the 12 month period. (d) Charitable Solicitations: The License fee for Charita- ble Solicitations shall be $10.00 for each 30 day period. No permit shall be granted within 30 days of the previous permit. The organization sponsoring the solicitation shall secure the license. A list showing the number of solicitors and locations will be provided the City Clerk. Each solicitor shall carry proper credentials identifying him/herself and the sponsoring organization. SECTION 5. LIOENSE-REVOOATIONL~ENIAL: (a) The City Clerk may revoke or deny the license whenever he/she shall have reason to believe that the licensee has violated any of the provisions of this Chapter. In the event the City Clerk shall revoke or deny a license (s)he shall cause to be served upon the licensee an order by certified mail which states the reasons therefore and the licensee's appeal rights. Such re- - 3 -- vocation shall take effect fourteen (14) calendar days from the date of receipt of notice by certified mail, unless the licensee files a written appeal with the office of the Hearing Examiner before the effective date of the City Glerk's administrative decision of revocation. (b) Appeal of License Revocation - Any person whose license is revoked or denied by the City Clerk may appeal such revocation in writing to the Office of the Hearing Examiner within fourteen (14) calendar days from the time notice of the Gity Clerk's intent to revoke his or her license. Any subsequent hearing before a hearing examiner shall be conducted in accordance with the procedures for conducting hearings on appeals of administrative decisions in the Administrative Procedures Ordinance of the City (Ordinance No. 3961). The determination appealed from shall be regarded as prima facie correct. The examiner may affirm or reverse the final decision of the City Clerk. The decision of the examiner shall be final unless a petition for reconsideration by the examiner is accepted or appeal of the examiner's decision is taken to the Gity Gouncil pursuant to the provisions of the Administrative Procedures Ordinance. SECTION 6. The issuance of a license herein provided for shall not relieve the applicant from securing any other license(s) required by State, federal or city law. SECTION ?. RULES & REGULATIONS The City Clerk is authorized to promulgate rules and regula- tions pursuant to this section to enforce or clarify procedures adopted herein. SECTION 8. MUST PRODUCE LICENSE ON DEMAND Any person engaging in the business of Peddling, Temporary Merchant or Mobile Vending, as defined herein who has obtained a license therefor from the city clerk, shall on demand by any police officer or B R 0 Tax License Official forthwith produce the same for inspection. SECTION 9. PENALTY FOR VIOLATION - 4 - Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in a sum not exceedinG five hundred dollars. APPROVED By the City Council on the first reading day of _. ' ~t"[ ~[~' c' ~-,._ __, 19~<.~? . PASSED By the City Council of the City of Bremerton, signed by the Mayor and attested to by the City CleF~ in authentication ATTEST: KATHLEEN L. MCCLUSKEY, C~ty Clerk Director of Administrative Services - 5 -