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Home My WebLink About2678 OrdinanceORDINANCE NO. 2678 AN ORDINANCE licensing and regulating mobile vendors; and providing penalties for violations; and creating new Chapter 5.11 of the Pasco Municipal Code. WHEREAS, most cities have found that treating street and mobile vending as a unique business activity that requires licensing and regulation results in more effective control, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. It is hereby added to the Pasco Municipal Code, Chapter 5.11 which is to read as follow: CHAPTER 5.11 MOBILE VENDORS Sections: 5.11.010 5.11.020 5.11.030 5.11.040 5.11.050 5.11.060 5.11.070 5.11.080 5.11.090 Definitions. Mobile Vendor - License Required. Mobile Vendor - Display of License. Geographical Restrictions. License Application - Content. License Fee. Revocation of License. Health Regulations. Infractions - Penalties. 5.11.010 DEFINITIONS. As used in this chapter the following terms shall have the meanings as set forth below: (a) "Concessionaire" means a person, firm or corporation operating or maintaining a concession stand for the sale of food, in the public parks in the city, or on other public property, in accordance with an agreement or franchise therefor. (b) "Food" shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not by way of limitation, candy, gum, popcorn, hot dogs, 1 sandwiches, peanuts, soft drinks and dairy products. (c) "Mobile Vendor" means a vendor or seller of merchandise or food from a vehicle or other conveyance upon the public streets, alleys or public ways of the city. (d) "Public celebration" means Independence Day activities or any other time of public celebration designated by the city council such as Memorial Day or Labor Day and such events as sidewalk sales and street fairs which may be organized by the Pasco Downtown Development Association, or Chamber of Commerce and officially authorized by the city council. 5.11.020 MOBILE VENDOR - LICENSE REQUIRED. No person, firm or corporation shall engage in the business of a mobile vendor without having first obtained a license therefor from the city. 5.11.030 MOBILE VENDOR - DISPLAY OF LICENSE. All licenses for mobile vendors shall be prominently displayed upon all vehicles from which a mobile vendor conducts business. 5.11.040 GEOGRAPHICAL RESTRICTIONS. No mobile vendor license shall include the privilege to conduct the business of a mobile vendor unless the vehicle or conveyance is parked and operated in full compliance with the traffic and sidewalk ordinances of the city as now in effect or hereafter amended. It shall be a violation of this chapter for any person selling or offering for sale any article to obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where any article is being sold or offered for sale. No merchandise will be offered, displayed, or sold, and no customer served, on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street. No mobile vendor shall sell or vend any wares from his vehicle or conveyance: 2 (a) Within four hundred (400) feet of any public or private school grounds during the hours of regular school session, classes, or school related events in said public or private school, except when authorized by said school; or (b) Within three hundred (300) feet of the entrance to any business establishment offering as a main featured item or items similar goods for sale which is open for business; or (c) Within three hundred (300) feet of any restaurant, cafe, or eating establishment which is open for business; or (d) Within three hundred (300) feet of any city authorized concession stand in any public park of the city during times other than during the course of a public celebration except as approved by the Parks and Recreation Department of the city; or (e) Within three hundred (300) feet of any city authorized concession stand in any public park of the city during the course of a public celebration when non-profit organizations are permitted to engage in the sale of merchandise and food in such park; or (f) Within any one block for more than one (1) hour in any four (4) hour period. 5.11.050 LICENSE APPLICATION - CONTENT. (a) Any person, firm, or corporation desiring to secure a license as a mobile vendor shall make application to the city, upon forms to be provided by the city. (b) The application for a mobile vendor license shall state the name and address of the applicant; the vehicle license numbers of all vehicles from which the applicant proposes to conduct business; a description of the general type of merchandise or food proposed to be sold by the applicant; the place or places where the applicant proposes to engage in business as a mobile vendor; and such other information as determined proper by the city manager. (c) Such application shall be accompanied with the license fee as provided for in this chapter. 3 5.11.060 LICENSE FEE. The annual license fee for a mobile vendor license shall be Thirty-Seven Dollars Fifty Cents ($37.50) for each calendar year, or portion thereof, plus Ten Dollars ($10.00) per vehicle, for which license is sought. 5.11.070 REVOCATION OF LICENSE. The license of a mobile vendor shall, after notice in writing and an opportunity to be heard by the city council at its next regular meeting be revoked, and such mobile vendor shall not be entitled to a subsequent license to engage in business as a mobile vendor for one (1) year after such revocation, for any of the following reasons: (a) Fraud or misrepresentation contained in the application for the license; (b) Fraud or misrepresentation, or false or misleading statements, made in the course of conducting the license business; (c) Conviction of any crime involving moral turpitude; or (d) The conduct of business in areas prohibitted by this chapter; or (e) Any other violation of this chapter. The decision of the city council shall be final subject only to the right of the license holder to appeal said decision by writ of certiorari to the Franklin County Superior Court within fifteen (15) days of the decision rendered by the city council. 5.11.080 HEALTH REGULATIONS. All mobile vendors engaged in the sale of food shall comply with all laws, rules and regulations regarding food handling, and all vehicles used for the sale of foods by mobile vendors shall comply with all the laws, rules and regulations respecting such vehicles as established by the Benton-Franklin Health Department and as set forth in the Pasco Municipal Code. 5.11.090 INFRACTION - PENALTIES. In addition to establishing grounds for revocation of a 4 APPROVED AS TO FORM: ELLS, City C erk GREG A RUBSTELLO, City Attorney license, the failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is hereby designed as an infraction and may not be classified as a criminal offense. A person found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty assessed for infractions under this chapter may exceed Two Hundred Fifty Dollars ($250.00) per each separate infraction. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as separate and distinct as an independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 3. This ordinance shall be in full force and effect upon its passage and publication. PASSED by the City Council and APPROVED by the Mayor this d of Fle-154=1? 1988. ED HENDLER, Mayor n 5 SUMMARY PUBLICATION CITY OF PASCO ORDINANCE NO. 2678 AN ORDINANCE LICENSING AND REGULATING MOBILE VENDORS At its regular meeting on March 7, 1988, the Pasco City Council passed Ordinance No. 2678, an ordinance licensing and regulating mobile vendors; and providing penalties for violations; and creating new Chapter 5.11 of the Pasco Municipal Code. Section 1. of the ordinance adds new Chapter 5.11 to the Pasco Municipal Code. Chapter 5.11 is divided into nine different sections, which can be summarized as follows: Section 5.11.010 contains definitions of significant terms used in the ordinance. The defined terms include "concessionaire", "food", "mobile vendor" and, "public celebration". A "mobile vendor" is defined to mean a vendor or seller of merchandise or food from a vehicle or other conveyance upon the public streets, alleys or public ways of the city. Section 5.11.020 requires all mobile vendors to obtain a license from the city. Section 5.11.030 requires mobile vendors to display their city license on all vehicles from which they conduct business. Section 5.11.040 contains certain restrictions upon mobile vendors, including places upon the public streets and alleys where mobile vending is prohibited and the manner in which their business is conducted so as not to cause congestion or obstruction of city sidewalks, streets or alleyways. Section 5.11.050 sets forth the license application requirements. Section 5.11.060 provides for an annual license fee of $37.50, plus $10.00 per vehicle. Section 5.11.070 sets forth license revocation procedures and circumstances under which a mobile vending license may be revoked. Section 5.11.080 requires mobile vendors to comply with all health laws, rules and regulations. -1- Eve yn ells Pasco City Clerk Section 5.11.090 provides as follows: INFRACTION - PENALTIES. In addition to establishing grounds for revocation of a license, the failure to perform any act required by this chapter, or the performance of any act prohibited by this chapter, is hereby designed an infraction and may not be classified as a criminal offense. A'person found to have committed an infraction under this chapter shall be assessed a monetary penalty. No penalty assessed for infractions under this chapter may exceed two hundred fifty dollars ($250.00) per each separate infraction. Section 2. of this ordinance is a "savings clause" which upholds the validity of all other sections of the chapter if any one or more sections should be declared by a court to be invalid or unconstitutional. Section 3. provides that the ordinance shall be in full force and effect upon its passage and publication. The full text of the ordinance will be mailed without charge to any person who requests the text from the city. This summary publication was approved by the Pasco City Council on the c4V day of March • 8. March 22, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2681 and summary of Publication for Ordinance No. 2678 on the following date: March 25, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew March 8, 1988 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2677, 2678, 2679, and 2680 on the following date: March 11, 1988 Please send two (2) Affidavits of Publication for each. Sincerely yours, Evelyn Wells City Clerk ew