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HomeMy WebLinkAbout2506 OrdinanceORDINANCE NO. 2506 AN ORDINANCE defining, regulating and licensing transient merchants, itinerant merchants and itinerant vendors and providing penalties for the violation thereof; and creating Chapter 5.10 of the Pasco Municipal Code. WHEREAS, the City Council has determined that itinerant merchants should be subject to special business licensing regulation for the protection of the general public welfare, on consideration that itinerant merchants by the limited dura- tion of their course of business in the city creates problems in consumer and police protection unassociated with permanent business establishments within the city; and WHEREAS, in that itinerant merchants have the advantages of municipal services and improvements during their course of business in the city, but do not contribute to the tax base of the city as do permanent business establishments which must compete with the itinerant merchant for business, it is reason- able for the city to collect a nonexclusionary business tax from itinerant merchants unrelated to regulation and not levied on permanent business establishments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. Chapter 5.10 is hereby added to the Pasco Municipal Code which Chapter shall read as follows and the provisions of which shall have the force of local law: CHAPTER 5.10 ITINERANT MERCHANTS Sections: 5.10.010 5.10.020 5.10.030 5.10.040 5.10.050 5.10.060 5.10.070 5.10.080 5.10.090 5.10.100 5.10.110 5.10.120 License Required Definitions Exemptions Application Investigation and Issuance Fees Expiration of License Exhibition of License-Transfer Loud Noises and Speaking Devices Revocation of License Appeal Penalty Ordinance No. Page 2 5.10.010 LICENSE REQUIRED. It shall be unlawful for a transient merchant, itinerant merchant or itinerant vendor as defined in Section 5.10.020 to engage in such business within the City of Pasco without first obtain- ing a license therefore in compliance with the provisions of this chapter. A separate license shall be required for each location of any itinerant merchant. 5.10.020 DEFINITIONS. The following terms and definitions shall be used in the administration of this chapter. A) Itinerant Merchant: "Itinerant merchant", "itinerant vendor", or "transient merchant" shall mean any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city of Pasco. A person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchants or auctioneer. B) Temporary Business: "Temporary Business" as used in this chapter shall mean any business conducted outside of a permanent structure affixed to real property. 5.10.030 EXEMPTIONS. The provisions of this chapter shall not be construed to apply to the following: a. Persons selling agricultural products grown within Washington state. b. Persons selling trees used for the celebration of the Christmas season. c. Persons selling fireworks used for celebration of Independance Day. d. Non-profit organizations operating without private profit, so long as no person sponsored by the non- profit organization derives private profit from the intended operation. e. Auctions licensed under the provisions of Chapter 5.04, of this title. f. Persons or businesses already possessing a current City of Pasco business license and operating in conjunction with their established business location in Pasco. Ordinance No. Page 3 5.10.040 APPLICATION. Applicants for license under this Chapter, whether a person, firm or corporation, shall file with the City Clerk a written application signed: by the applicant, if an individual; by all partners if a partnership; by the president, if a corporation. Such application shall provide: a. The name or names of the person or persons having the management or supervision of applicants business during the time it is proposed that it will be carried on in the City of Pasco; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated; b. The place in the city of Pasco where it is proposed to conduct the applicants business, and the length of time during which it is proposed that said business be conducted; c. Written authorization to conduct the applicants business at the place in the city identified in answer to (b) above, from the person, firm or cor- poration owning such location; d. The place or places other than the permanent place of business of the applicant where the applicant, within the six months next preceding the date of said application, conducted a transient business, stating the nature thereof and giving the mailing and street address of any building or office in which such business was conducted; e. A statement of the nature, character and invoice value of the goods, wares or merchandise to be sold or offered for sale by the applicant in the city of Pasco; whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; where the goods or property proposed to be sold are manufactured or produced; and where such goods or products are located at the time said application is filed; f. Each application shall be accompanied by a drawing of a scale not greater than fifty feet per inch and not less than ten feet per inch, which drawing shall depict the following information: (1) The portion of property to be occupied by the business; Ordinance No. Page 4 (2) The portion of property to be used for automobile parking and the number of auto- mobiles accomodated within said area; (3) Location of driveways providing ingress/ egress to the property; (4) Location of any signs proposed to be placed on the property. 5.10.050 INVESTIGATION AND DETERMINATION. Upon receipt of such application, the City Clerk shall cause such investigation of such person's or persons' business responsibility to be made as is deemed necessary to the protection of the public good and shall refer the appli- cation to the Community Development Department for its determination as to zoning, signing and traffic consider- ations. An application shall be denied by the City Clerk upon written finding that the applicant's business respon- sibility is unsatisfactory or that the proposed business activity will create undue traffic hazard or will violate any other applicable law, rule or regulation. Any license issued under this chapter shall contain the number of the license, the date same was issued, the nature of the bus- iness authorized to be carried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The City Clerk shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. 5.10.060 FEES. Each licensee under this chapter shall pay a fee of fifty (50) dollars. 5.10.070 EXPIRATION OF LICENSE. Any license issued under the provisions of this chapter shall expire thirty (30) days after the date of issuance thereof unless a prior date is fixed therein. 5.10.080 EXHIBITION OF LICENSE - TRANSFER. A) Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein. B) Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location. Ordinance No. Page 5 5.10.090 LOUD NOISES AND SPEAKING DEVICES. No licensee under this chapter, nor any one in his behalf, shall shout, make any outcry, blow a horn,ring a bell, or use any other sound device, including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the said city or upon any private premises in the said city where sound of sufficient volume is emited or produced there- from capable of being plainly heard from the streets, avenues, alleys or parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. 5.10.100 REVOCATION OF LICENSE. Any license issued pursuant to this chapter may be revoked, in writing, by the City Manager for any of the following causes: (1) any fraud, misrepresentation or false statement contained in the application for license; (2) any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; (3) any violation of this chapter; (4) conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or (5) conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menance to the health, safety or general welfare of the public. 5.10.110 APPEAL. Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter, shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk within fourteen (14) calendar days after the notice of decision has been mailed, by certified mail, to the applicant's or licensee's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least five (5) calendar days prior to the date fixed for such hearing. /1 day of , 1984. ATTES : Evelyn Wel s, City Clerk Ordinance No. Page 6 5.10.120 PENALTY. Any person, firm or corporation violating any of the provisions of this chapter shall have committed a code infraction and upon a finding by the Police Court Judge that an infraction occurred, such person shall be punished by a civil penalty of -) $250.00. Each day of violation shall be a separate infraction for which such penalty shall be Imposed. Section Two. If any section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining sections, sentences, clauses or phrases of this ordinance or the ordinance as an entirety, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. Section Three. This ordinance shall take effect five (5) days after passage and publication as provided by law. PASSED by City Council and approved by the Mayor this AARSVED AS TO FORM: 1 ‘,VA ALMILF4141n1 llo, City Attorney FINANCE DEPARTMLN I isogl I IkS 31411 •tran 724. 3 SOI CITY of -.,,.. . - ...... P 0 BOX 293 412 WEST CLARK ['ASIA"), WASHINGTON 99301 June 19, 1984 1 1= = . . . .. ....71.. . . .5 • ..1,".., Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date June 22, 1984 Please send two Affidavits of Publication Sincerely yours, Evelyn Wells City Clerk ew