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Home My WebLink About5158 ORDINANCE NO. 5 15 13 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 5 16 of the Bremerton Municipal Code entitled Temporary Merchants, Peddlers and Mobile Food Vendors. WHEREAS, the City Council desires to update the provisions of Chapter 5 16 of the Bremerton Municipal Code relating to Temporary Merchants, Peddlers and Mobile Food Vendors, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 5 16 of the Bremerton Municipal Code entitled "Temporary Merchants, Peddlers and Mobile Food Vendors" is hereby amended to read as follows Chapter 5.16 TEMPORARY MERCHANTS, PEDDLERS AND MOBILE FOOD VENDORS 5.16.010 DEFINITIONS. In construing the provisions of this chapter, the following definitions shall be applied (a) "Peddler" means any person, either as agent, employee or principal, who carries goods, wares or merchandise of whatever nature or description or any person who offers services 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 solicitory orders for the same Exempt from the meaning of this definition shall be newspapers (b) "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 or offers services and has no permanent location within the City, provided, a farmer, gardener, or other person who sells, delivers or peddles any fruit, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such person is exempt from requirements of this chapter (c) "Vending of food from mobile unit" means a mobile unit travelling 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 5.16.020 LICENSE - REQUIRED. It is unlawful to engage in business as a peddler or mobile food vendor in the City without first obtaining a regulatory license in addition to a business license. It is unlawful to engage in business as a temporary merchant without first obtaining a regulatory license A temporary merchant regulatory license shall be issued in lieu of a business license and licensee shall be exempt from payment of City business and occupation taxes. 1 BMC 5.16 Temporary Merchants, Peddlers and Mobile Food Vendors 5.16.030 LICENSE - TERMS. (a) Temporary Merchants This license shall not exceed thirty (30) days in duration A temporary merchant's license will be issued only twice in a calendar year If a temporary site is used for itinerant sales, it must be situated on private property The site and any temporary structure, excluding motor vehicles and trailers, must be approved by the building official and planning and fire departments before license issuance (b) Peddlers The fee for a peddler's license shall not be prorated for any part of a license year The license must be carved by the vendor. (c) Mobile Food Vending This license is required for each vehicle The vehicle license plate number must be submitted and will be printed on the regulatory license The license must be posted inside the vehicle Vendors are responsible for notifying the a Crty, in writing, of any license plate number changes 5.16.050 LICENSE - INSPECTION. Any person engaging in the business of peddling, temporary merchant or mobile vending, as defined in this chapter, who has obtained a license therefor from the City Clerk, shall on demand by any police officer or business and occupations tax license official forthwith produce the same for inspection 5.16.060 SPECIAL CONDITIONS - MOBILE FOOD VENDORS. (a) Vendors from mobile units shall not use radios or any other sound devices to attract public attention unless in accordance with chapter 6 32 (b) A receptacle of adequate size shall be provided on such unit for the deposit of refuse (c) The owner or operator of such mobile food vending unit 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) A certificate of insurance naming the City as additional insured for eg neral liability coverage and evidencing proof of automobile liability coverage shall be provided before license issuance and subsequently kept current (+I) The minimum eng eral liability coverage must shall be $500,000-09 combined single limit bodily injury and property damage and shall include products liability C*2) The munmum automobile liability coverage shall be $500,000 combined single limit per accident for bodily m1M and property damage. (e) Vending shall occur only on the curbside of the vehicle and shall not impede adjacent parking stalls if conducting business on a city nght- of -waj (f) Customer lines for service shall not impede pedestrian traffic nor shall they encroach into the roadway or interfere with vehicular traffic (g) Mobile vending units shall not park in locations that will create site distance problems for traveling motorists (h ) No signs are allowed on areas adjacent to or outside the mobile vending unit Signs are allowed on the immediate structure of the mobile vending unit. (1) Vendors shall obey all traffic laws and will comply with the Bremerton Municipal Code 2 BMC 5.16 Temporary Merchants, Peddlers and Mobile Food Vendors SECTION 2. Severabdity If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 4WL Approved this f r th day of GG,S , 2011 PATTY LE Mayor ATTEST APPROVED AS TO FORM CAROL TGE , City Jerk R ER A. LUBOVICH, City y i PUBLISHED the Ah,. day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO I I R \Legal \Legal \Ordinances\Finance\Mobile Vendors 2011 doc 3 i BMC 5.16 Temporary Merchants, Peddlers and Mobile Food Vendors i AFFIDAVIT OF PUBLICATION Account #42742 AD #274740 STATE OF WASHINGTON COUNTY OF KITSAP I, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on Aug 8, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $38 15 This amount has not been paid in full ! (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 9, 2011 , V M �� •.••••• D • • A � • � M Notary Public in and for the State of Washington, Kitsap County : N 3W 8 201 i HLI i • • r ORDINANCE NO 5158 ,,,'t' •• WA8;�•` AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 5 16 of the Bremerton Municipal Code entitled Temporary Merchants, Peddlers and Mobile Food Vendors PASSED by the City Council on the 3rd day of August, 2011 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 August 8, 2011 Ad #20116011