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
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CITY
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P 0 BOX 293 412 WEST CLARK ['ASIA"), WASHINGTON 99301
June 19, 1984
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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