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0637 Temporary Vendors 2007CITY OF CHUBBUCK, IDAHO 10 ORDINANCE NO. 637 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ADOPTING CHAPTER 5.36, TEMPORARY VENDORS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. FINDINGS The City Council finds: A Vending from temporary locations', including those on the city streets and sidewalks as well as on private property promotes an active and diverse retail environment which is in the public interest. B. Reasonable regulation of street vendors and vendors in temporary locations is necessary to protect the public health, safety and welfare and to ensure that such vendors are registered with the Idaho State Tax Commission for purposes of collecting sales tax. C. This ordinance is adopted to further such public interest. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Adoption of Chapfer 5.36. The following Chapter 5.36 is hereby adopted: CHAPTER 5.36 TEMPORARY VENDORS 5.36.010 Purpose and Intent. (A) It is the intent of the Council in enacting this Ordinance: (1) To serve and protect the health, safety and welfare of the general public; (2) To establish a uniform set of rules and regulations that are fair and equitable; (3) To develop standards for street vendors and those vending from temporary locations; (4) To provide economic development opportunities to small entrepreneurs in the City; and (5) To promote stable vendors who will enrich the City's ambiance and be assets to public security. (B) The regulations contained in this chapter are not intended to prohibit or hamper speech that is protected by the First Amendment of the United States or Idaho Constitution, but merely to regulate specific activities that are commercial in nature. Ordinance -Page 1 chubbuck011607temporaryvendorordinance.wpd 5.36.020 License Required. No person or entity required to have a temporary vendor's license under this chapter shall engage in any trade or business within the Chubbuck city limits without a license issued pursuant to this chapter. The license issued hereunder shall be independent of any other licenses issued or required by the City or any other governing body but a license issued hereunder will be in lieu of the occupational license issued under Chapter 5.04 of this Code. 5.36.030 Uses Reauiring License. The following uses or events shall require a temporary vendor's license under this chapter: A) Any vendor operating from a street, car, or motor vehicle; ( B) Any vendor operating from a temporary location; ( C) Christmas tree lots ( D) Pumpkin patches; E) Outdoor special events and sales, including sidewalk and parking lot sales; F) Mobile food vendors; G) Grand opening celebrations; ( H ) Tent sales or events; (I) Outdoor festivals or fairs; 5.36.040 Exceptions. The following events shall not be subject to regulation under this chapter but may require licenses under other chapters of the Chubbuck Municipal Code: ( A ) Operating at a City -sponsored community event, parade or street event such as Chubbuck Day; ( B ) Residential garage sales; ( C ) Cateringbusinesses not selling at retail; ( D) Fireworks stands; E) Any vendor operating with the permission of, and upon the land of another retailer pursuant to a written lease for not less than twelve (12) months and for which the retailer assures compliance with generally acceptable business practices consistent with the retailer's operation. 5.36.050 Limitation on Operations. The following limitations shall apply to the described event or use (provided such is not an exception under 5.36.040): ( A ) Christmas tree lots - Only allowed between November 15 - December 31 of any given year; Ordinance - Page 2 chubbudN11607te voraryvendorordinancempd M 0 (B) Outdoor special events and sales, including sidewalk and parking lot sales - Allowed only four (4) times per year, with a maximum event time of 14 days, followed by an equal number of "dark" days with no vending and no displaying of merchandise; ( C ) Mobile food vendor if operating at a stationary location, allowed only four (4) times per year, with a maximum event time of 14 days, followed by an equal number of "dark" days; ( D ) Mobile food vendor if operating from a motor vehicle that moves from location to location The foregoing limitation for mobile food vendors operating at a stationary location shall not apply but the vehicle must be removed from the site each evening no later than 9:00 P.M.; ( E ) Grand opening celebrations - Only one per business or re -grand opening involving corporate change of ownership, change of location, or substantial remodeling of an existing location and not more than once in a calendar year; ( F ) Tent sales or events - Allowed only four (4) times per year, with a maximum event time of fourteen (14) days, followed by an equal number of "dark days" with no sales or displays taking place. 5.36.060 Performancr, Standards. Each licensee under this chapter shall comply with the following: (A) The use must be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise, odor, dust, aesthetics, or other nuisances; ( B ) Any increase in traffic resulting from the use will not have a significant adverse affect upon the surrounding area or the City at large; ( C ) The proposed use will conform with all applicable policies and ordinances of the City; ( D ) Adequate parking must be provided in areas not located within the public right-of- way and cannot interfere with more than 10 percent of the on-site parking, disabled accessible parking, or with vehicular or pedestrian circulation. Surfacing of non -paved areas may be required for dust abatement. If the temporary use is on a vacant lot, vehicles must be parked on an improved parking surface. ( E ) Provisions must be made for collection, recycling, and disposal of solid, hazardous, and toxic wastes. ( F ) The site must be returned to its original condition within five (5) days after the temporary use has ended. ( G ) If the applicant does not own the property where the event will be held, a letter from the property owner giving their permission to hold the event will be required. ( H ) Where deemed appropriate by the city, screening of outdoor sales areas, setbacks from adjoining land uses and streets, performance bonds or other surety measures to ensure site restoration or limited hours of operations may be required. Ordinance - Page 3 chubbuckol 1607temporarpendorordinancempd 5.36.070 Application for License. The application for a temporary vendor's license shall be on a form supplied by the City Clerk and shall contain all information relevant and necessary to determine whether a particular license may be issued, including but not limited to: ( A ) The applicant's 'full name, current address, telephone number and proof of identity, together with two full -face photographs of the applicant, not less than two inches square, nor more than three inches square; ( B ) A brief description of the nature, character and quality of goods, wares or merchandise to be offered for sale; ( C ) The specific location, if any, in which the vendor intends to conduct business; (D ) If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation; ( E ) If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle registration number and license number; ( F ) A complete listing of any other licenses or permits issued to the applicant by the City of Chubbuck, City of Pocatello, or Bannock County; ( G ) Health Inspection certificate issued by the Southeastern District Health Department, if required; ( H ) Idaho State sales tax number unless the Clerk determines sales tax filings are not required of applicant. ( I ) A site plan of the proposed use, drawn in a legible manner and to a reasonably accurate scale including adjacent streets, relevant buildings or structures with applicable set backs shown for comparison with the set backs required for that site under Chapter 18.08 and any other pertinent provisions of the Chubbuck Municipal Code, parking and other details, which may be necessary to evaluate the proposed request. The size of the proposed use and/or location of various equipment, materials, vehicles, or structures as applicable shall be indicated. 5.36.080 Health Inspection Certificate. Any application for a temporary vendor's license to engage in the sale of food or beverages shall also be referred to the Southeastern District Health Department for approval and issuance of a certificate of health inspection (or health permit) in addition to the temporary vendor's license. The applicant's equipment shall be subject to inspections by the Health Department at the time of application and at periodic intervals thereafter. 5.36.090 Processing of Application. ( A ) Applications must be submitted not less than thirty (30) days prior to the operation and/or the special event; (B ) Upon receipt of the application, the city clerk shall forward the same to the police, fire, building and planning departments for their review, comment and such inspection as each deems appropriate. ( C ) Submission of an application is deemed to be authorization to the police department to conduct background checks upon the applicant and applicant's employees or Ordinance Page 4 chubbuck0116o7temporagwWoro"Rnance.wpd business as well as permission for the fire department and building department to conduct such inspection and a review of the premises of the proposed locations as may be deemed advisable to assure compliance with the Chubbuck Municipal Code and other codes adopted by the City or any other governing body; ( D ) Each department shall forward their recommendation on the license to the City clerk who shall submit the same to the City Council for consideration at a regularly scheduled council meeting; ( E ) Applicant shall be notified of the date of consideration by the Council and the applicant or a representative of the applicant shall attend the meeting to answer questions from the council unless excused from attendance by the Mayor or president of the council. 5.36.100 Issuance of License. ( A ) The applicant shall be notified in writing on the City's decision to issue or deny the temporary vendor's license not later than thirty (30) days after the applicant has filed a completed application with the City ( B ) Each license shall show the name and address of the licensee, the kind of goods to be sold, fee, the date of issuance, the license number, an identifying description of any vehicle or conveyance used by the licensee plus, where applicable, the motor vehicle registration number and a photograph of the licensee not less than two inches square nor more than three inches square. Each license shall also show the expiration date of the license; ( C ) All licenses issued under this Chapter are valid until December 31 of the year of issuance unless suspended or revoked and shall be both non -assignable and non -transferable. 5.36.110 Fees. The fee for a license issued pursuant to this Chapter shall be One Hundred Fifty dollars ($150) or such fee as adopted from time to time by resolution of the city council. In addition to the basic license fee, applicant shall reimburse the City for any costs incurred by the City in processing the application. These costs shall include fees charged the City by any agency for criminal history or background checks that result from applicant's application. 5.36.120 Digplgy. Any license issued by the City pursuant to this chapter shall be displayed by vendor at the vendor's place of business. 5.36.130 Notification of Name or Address Change. All vendors shall assure that a current and correct name, residence address and mailing address are on file with the City. Whenever either the name or address provided by a licensed vendor on the application for a temporary vendor's license changes, the licensee shall notify the City in writing within ten (10) days of such change and provide the City with the name change or address change. 5.36.140 Penalties. Any person or entity violating any provision of this Chapter or found to be vending without arequired license issued in accordance with this Chapter shall be guilty of a misdemeanor. Each day of violation shall be deemed a separate offense. Ordinance - Page 5 chubbuck01160 rnporaryvendorordinanaemiad 5.36.150 SuMension and Revocation of License. (A) In addition to the penalties contained in Section 5.36.140, any license issued under this chapter may be suspended or revoked for any of the following reasons: (1) Fraud, misrepresentation or knowingly false statement contained in the application for the license; (2) Fraud, misrepresentation or knowingly false statement in the course of carrying on the business of vending; (3) Conducting the business of vending in any manner contrary to the conditions of the license; (4) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners; or (5) Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations. ( B ) The City Clerkor the Chief of Police or their respective designees shall provide written notice of the suspension or revocation on a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee of the right to appeal. Such notice shall be mailed to the address shown on the license holder's application by certified mail, return receipt requested. ( C ) If the City revokes a temporary vendor's license, the fee already paid for the license shall be forfeited. A person whose license has been revoked under this Chapter may not apply for a new license for a period of one (1) year from the date that the revocation took effect. 5.36.160 Appeals. ( A ) If the Clerk or the Chief of Police suspends or revokes a license, or orders the cessation of any part of the business operation conducted under the license, the aggrieved party may appeal the decision to the City Council ( B ) The filing of an appeal stays the action of suspending or revoking a license or any part of the business operation being conducted under such license until the City Council makes a final decision, unless the vending business constitutes an imminent and serious threat to the public health or safety, in which case the Clerk or Chief of Police shall take or cause to be taken such action as is necessary to immediately enforce the suspension, revocation or order. 5.36.170 Renewals. A temporary vendor's license may be renewed by the city clerk provided an application for renewal and license fees are received by the City no later than the expiration date of the current license. Any application received after that date shall be processed as a new application. Ordinance - Page 6 chubbuck011607temp0raryvend0r0rd1Mr",wpd -0 .4 ADMINISTRATIVE PROVISIONS Section 1 Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, "such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 27" day of March, 2007. ./�� ` PFrL.1.i �. - ATTEST: Ron Conlin, CITY CLERK Ordinance - Page 7 chubbuckol t807temporaryvendorordinar4o.wpd