Ordinance - 1997 - 297 - Amend Title 3/Vendors, Solicitors, Temporary Merchants - 07/08/1997ORDINANCE NO. 297
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING
EXISTING TITLE 3, CHAPTER 4, OF THE EAGLE CITY CODE, AND ADDING A NEW
TITLE 3, CHAPTER 4, PROVIDING FOR LICENSING AND REGISTRATION OF
VENDORS, SOLICITORS, AND TEMPORARY MERCHANTS, AND OTHER MATTERS
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Eagle desires to regulate vendors, peddlers, solicitors and
temporary merchants, and
WHEREAS, the City desires to protect the health, safety, and welfare of the residents and
protect its citizens from crime caused by the unregulated practices of temporary, transient and
mobile sales from vendors, peddlers, solicitors, and temporary merchants.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 3, Chapter 4, Eagle City Code, be, and the same hereby is,
repealed.
Section 2: That a new Title 3, Chapter 4, Eagle City Code be, and hereby is, enacted
to read as follows:
3-4-1: PURPOSE: The purpose of this Chapter shall be to protect the health,
safety and welfare of residents of the City and to protect its citizens from
crime by means of regulation of vendors, peddlers, solicitors, and
temporary merchants.
3-4-2: DEFINITIONS:
"PUBLIC SAFETY OFFICER" is defined as licensing officer, fireman
and police officer.
"SOLICITOR" is defined as an individual, including an employee or
agent of a group of individuals, partnership, or corporation, whether a
resident of the City or not, who is taking or attempting to take, whether
in person or by telephone, orders for sale of food, beverages, goods,
merchandise or services to be furnished or performed in the future,
whether he is collecting advance payments on such sales or not. Such
definitions shall include any person who, for himself, or for another
person hires, leases, uses or occupies any building, structure, or motor
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vehicle within the City for the sole purpose of exhibiting samples and
taking orders for future delivery.
"SPECIAL EVENT" is defined as the temporary use, with a valid
permit, of public property, including streets, beaches, parks, community
centers and waterways, for the purpose of conducting certain short-term
events such as art shows, music concerts, fund-raising events, sidewalk
sales, amusement attractions, circuses, carnivals, rodeos, swap meets,
sporting events, including, but not limited to, organized float trips,
contests, street dances, tournaments, walkathons, marathons, races,
exhibitions or related activities.
"TEMPORARY MERCHANT" is defined as any person whether owner
or otherwise, whether a resident of the City or not, who engages in a
temporary business of selling and delivering goods, wares, merchandise
and services within the City, and who, in furtherance of such purpose,
hires, leases, uses or occupies any building, structure or motor vehicle
within the City for the exhibition and sale of food, beverages, goods,
merchandise or services.
"TEMPORARY" is defined as six months or less.
"VENDOR" is defined as any person, including an employee or agent
of a group of individuals, partnership, or corporation, who sells or offers
to take orders or sell food, beverages, goods, or merchandise from a
stand, cart, motor vehicle or any other type of conveyance or from his
or her person. The word vendor shall include the words "hauler,"
"huckster" and "peddler."
"CITY CLERK" means the licensing officer.
3-4-3: LICENSES REQUIRED: It shall be unlawful for any vendor, solicitor,
or temporary merchant, as the same are herein defined, to engage in
such business or to employ another in such business within the corporate
limits of the City without first obtaining a license from the City Clerk's
Office therefore in compliance with the provisions of this Chapter.
3-4-4: REGISTRY AND NOTICE:
A. Registry of Residences Prohibiting Solicitors. A central registry is
hereby established whereby a resident of the City may docket their
physical address as notice that no solicitor may lawfully enter into
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said noncommercial premises. Said register will be kept by the City
Clerk and open to the general public during normal business hours.
B. Notice of "No Soliciting". Notice may also be given that a solicitor
may not lawfully enter a noncommercial premises by posting of a
sign containing the words "No Solicitors" or "No Peddlers" or other
words to such effect at each entry of said premises. It is the duty
of the solicitor to make every reasonable effort to ensure him or
herself that such a notice is not present prior to entry.
3-4-5: EXCEPTIONS: The provisions of this Chapter shall not apply to:
A. Any sales under court order;
B. Traveling salespersons, commercial travelers or the like who
exclusively or primarily sell to, or solicit orders for future delivery,
from local retailers, local businesses, local governments, local
schools, or local wholesale firms;
C. The sale of farm or garden products by the person producing the
same;
D. The sale of a newspaper subscription in which the seller is a person
engaged in both the delivery and sale of the newspaper;
E. The occasional sale of admission by local school students to a
function of their school; or fund raising sales by local service clubs
or groups such as Elks, Kiwanis, Lions, Boy or Girl Scouts;
F. Any political group seeking funds or membership;
G. Garage, yard, or similar sales by individuals at their residence or
place of business not exceeding two (2) separate sales in one (1)
calendar year, not to exceed three (3) days each, which sales shall
not include business inventory or items that have been purchased for
the purpose of resale at another garage sale;
H. Any organization exempt from taxation as provided by 26 U.S.C.
501 and meeting all the requirements for the exemptions provided
by 26 U.S.C. 503.
3-4-6: APPLICATION FOR LICENSE: Applicants for a license under this
Chapter must file with the city Clerk an application furnished by the City
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Clerk, which shall contain, but not necessarily be limited to, the
following information:
A. Name and description of the applicant; if the applicant is an
association company or corporation, then it shall state its name
along with the names and descriptions of the persons who will be
soliciting in the City;
B. Address — both legal and local;
C. A brief description of the nature of the business and the goods to be
sold, and in the case of products of farm or orchard, whether
produced or grown by the applicant;
D. If employed, the name and address of the employer, together with
credentials establishing the exact relationship between the employer
and the applicant;
E. The proposed method of operation, length of time for which the
right to do business is desired and if a motor vehicle is to be used,
a description of the same, together with a license number or other
means of identification;
F. Whether a permit or license issued to the applicant has been revoked
during the past five (5) years, and if so, where and when;
G. Social security and/or driver's license number of applicant;
H. A statement as to whether or not the applicant has been convicted
of a violation of any federal, state or municipal law, the nature of
the offense and the date, and the punishment or penalty assessed
therefore;
I. The place where the goods or property proposed to be sold, or
orders taken for the sale thereof, are manufactured or produced,
where such goods or products are located at the time said
application is filed, and the proposed method of delivery;
J. Two (2) photographs of the applicant that are two-inch by two-inch
(2" x 2"), showing the head and shoulders of the applicant in a clear
and distinguishable manner;
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K. When the applicant proposes to peddle any prepared food product
for human consumption, a certification by the Central Health
District shall be required prior to issuance of a license;
L. No license issued hereunder shall be transferable.
3-4-7: INVESTIGATION FEE; INVESTIGATION OF APPLICANT;
ISSUANCE OF LICENSE:
A. At the time of filing an original application, an adult applicant shall
pay the investigation fee to the City Clerk as follows:
1. For an investigation within the State of Idaho, twenty-five
dollars ($25.00);
2. For an investigation outside the State of Idaho, fifty dollars
($50.00);
B. Upon receipt of such application, or application for renewal, the
City Clerk shall cause an investigation to determine the validity and
completeness of the information presented on the application.
Provided, where application for renewal of a license is involved,
and the City Clerk has received no complaint or allegation of any
violation of this Chapter or other laws by the applicant, the City
Clerk may waive payment of the investigation fee and issue the
renewal license. The City Clerk shall issue or deny the license
within ten (10) working days upon receipt of a completed
application.
C. If the applicant or his employer has been convicted of a violation of
any municipal, state or federal laws, except for minor traffic
violations, or had an application under this chapter revoked or
suspended in the previous five (5) years; or if the applicant has
made a false statement on the application then it may be
disapproved. Such disapproval may be appealed pursuant to the
provisions of Section 16 of this chapter.
3-4-8: LICENSE FEES: The license fee for any vendor, solicitor or
canvasser, or temporary merchant shall be thirty-five dollars ($35.00)
semi-annually. All fees shall be paid in advance.
Page 5
3-4-9: BOND REQUIREMENT: Before any license as provided herein shall
be issued for engaging in the business of vendor, solicitor, or temporary
merchant as defined in this Chapter,
A. Every applicant plying his trade as an individual, shall file with the
City Clerk a surety bond, a cashier's check or a letter of credit from
a bank in the amount of one thousand dollars ($1,000.00) running
to the City.
B. Every business firm, company or corporation, which has two or
more employees or agents acting in the capacity of vendor,
solicitor, canvasser or temporary merchant, shall file with the city
Clerk a surety bond covering all such employees or agents and
running to the City, or a cashier's check in the amount of one
thousand dollars ($1,000.00) per employee to a maximum of five
thousand dollars ($5,000.00). The surety bond must be one issued
by an agent upon which service of process may be made in the State
of Idaho.
C. Action on the surety bond or cashier's check may be brought
directly by any person damaged by a licensee's violation of any
provision of this Chapter.
D. After expiration of a license, the City Clerk shall, upon application
of the licensee, return the bond or cashier's check sixty (60) days
after receipt of application for return, unless the Clerk has been
notified of the pendency of any claim or cause of action by any
person upon the bond or cashier's check.
E. After being licensed for two (2) years, without claims against the
surety bond, the above bonding requirements will be waived.
3-4-10: ISSUANCE AND EXHIBITION OF LICENSE:
A. The City Clerk shall notify the applicant whether their license
request is approved and shall issue a license. Such license shall
show the name, address, photograph of said licensee, the type of
license issued, and the kind of goods to be sold or type of sales to
be solicited thereunder, the amount of fee paid, the date of issuance
and the date of expiration.
Page 6
B. The City Clerk shall notify the applicant if their license request is
disapproved, the reasons therefor, and advise them of the appeal
procedure pursuant to the provisions of Chapter 16 of this chapter.
C. The license issued to the licensee hereunder by the City Clerk shall
be exhibited in a conspicuous place if the licensee is using a vehicle
or a building in his business, and otherwise must be displayed on
the outside garment of the individual during hours of operation.
3-4-11: RESTRICTIONS:
A. Location. No licensee hereunder shall have any exclusive right to
any location in a public street, nor shall he/she be permitted to
operate in any congested area where his operations might impede or
inconvenience the public. For the purpose of this Chapter, the
judgment of a public safety officer, exercised in good faith, shall be
deemed conclusive as to whether the area is congested or the public
impeded or inconvenienced. No business activity shall be carried
on in any area of the City by any licensee who is licensed pursuant
to this chapter, where such business activity is prohibited by the
City of Eagle Zoning Ordinance. This license does not preclude the
issuance of other permits by the Parks Department in public parks
or the granting of permission to sell and/or operate on private
property by its owners.
B. Hours of Operation. Vendors, canvassers, solicitors shall be
allowed to engage in their licensed business only between 9 a.m.
and sunset unless located in a commercially zoned area. All
vending stands, carts or vehicles must be removed from public
property during non -vending hours. For special events, the City
may make an exception to the usual hours of operation.
C. Removal of Trash. All trash or debris accumulating within twenty
(20) feet of any vending stand shall be collected by the vendor and
deposited in trash containers. All vendors selling food or beverages
must provide trash receptacles adjacent to or as a part of their
stands.
D. Prohibited Areas. Any duly authorized public safety officer shall
prohibit vendors from selling on specified public ways if it
determines such prohibitions are necessary for the protection of
public health and safety. Vendor carts, stands, and motor
vehicles(s) are prohibited within fifteen (15) feet of a fire hydrant,
Page 7
fire escape, bus stop, loading zone, or driveway of a fire station
police station, or hospital.
3-4-12: UNLAWFUL CONDUCT: No licensee hereunder shall:
3-4-13:
A. Misrepresent the purpose of, or affiliation of those engaged in, the
solicitation;
B. Continue efforts to solicit from an individual once that individual
informs the solicitor that he does not wish to give anything to or to
buy anything from that solicitor;
C. Represent the issuance of any license under this Chapter as an
endorsement or recommendation of the solicitation;
D. Enter upon any premises when the same is posted with a sign stating
"No Peddlers Allowed" or "No Solicitation Allowed" or other
works to such effect;
E. Commit fraud, make misrepresentation or false statement in the
course of carrying on the business.
CANCELLATION OF SALE: The buyer shall have the right to cancel
the door-to-door sale within three business days. A business day is any
calendar day except Sunday, or the following holidays: New Year's
Day, Washington's Birthday, Memorial Day, Independence Day, labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas
Day.
3-4-14: ENFORCEMENT: The Ada County Prosecutor shall provide the Eagle
City Clerk with a copy of any citation or criminal complaint issued
hereunder.
3-4-15: RENEWALS: Licenses which are not renewed for a minimum of two
(2) years from the date of the original issue shall be, upon application
for renewal, treated as an original application.
3-4-16: APPEAL FROM DENIAL OF LICENSE: Any applicant denied a
license by the City Clerk under this Chapter may appeal the City Clerk's
decision to the City Council. Such appeal shall be filed within 28 days
from the date of the City Clerk's denial.
Page 8
3-4-17: SUSPENSION, REVOCATION OF LICENSE:
A. The City Council may suspend or revoke any license for fraud and
misrepresentation in its procurement, for violations of this chapter,
or for any conduct or act of the licensee or their employees or any
conduct or act permitted by them on the premises where such
business is conducted, or in connection therewith or adjacent
thereto, tending to render such business or such premises where the
same is conducted as a public nuisance or a menace to the health,
peace, safety or general welfare of the City, or in the event of the
conviction of a licensed vendor, solicitor, or temporary merchant
under the provisions of any city or County ordinance, or of any law
of the State or of the United States, regulating, governing, or
prohibiting the activities regulated under this chapter.
B. License Revocation. The City Council shall proceed in accordance
with the notice and hearing provisions of title 67, chapter 52, Idaho
Code, in considering the revocation of a license pursuant to Section
3-4-17A of this chapter. The City Council shall cause to be kept
minutes and make a transcribable verbatim record of any revocation
proceeding. If a license is revoked, the City Council shall keep the
transcribable verbatim record of the proceeding for a period of not
less than six (6) months after a written decision on the matter is
transmitted to the licensee.
C. Judicial Review. An applicant or licensee aggrieved by a decision
of the City Council may, within sixty (60) days, seek judicial
review under the procedures provided in section 67-5215 and 67-
5216, Idaho Code.
3-4-18: EXPIRATION OF LICENSE: All licenses issued under the provisions
of this Chapter shall expire on the date specified in the permit. No
license shall be issued for a period longer than one (1) year.
3-4-19: PENALTY: Any person, business, firm, company or corporation who
shall violate any of the provisions of this Chapter shall be guilty of a
misdemeanor and upon conviction shall be punished by a fine not exceed
three hundred dollars ($300.00), or by imprisonment in the county jail
for a period not to exceed thirty (30) days or both such fine and
imprisonment. Each day or violation continued shall be separate
offenses, punishable as hereinabove described.
Page 9
3-4-20: SEVERANCE CLAUSE: The provisions of this Chapter are declared
to be severable. If any section be found to be invalid, such finding shall
not affect the validity of the remaining sections, sentences, clauses and
phrases of this Chapter, but they shall remain in effect, it being the
legislative intent that this Chapter shall stand notwithstanding the
invalidity of any part.
Section 3.: This ordinance shall take effect and be in force from and after its passage,
approval, and publication as required by law. In lieu of publication of the entire Ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
DATED this 8th day of July, 1997.
ATTEST:
City Clerk
Page 10
CITY OF EAGLE
Ada County, Idaho
SUMMARY OF
ORDINANCE NO. 297
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING
EXISTING TITLE 3, CHAPTER 4, OF THE EAGLE CITY CODE, AND ADDING A NEW
TITLE 3, CHAPTER 4, PROVIDING FOR LICENSING AND REGISTRATION OF
VENDORS, SOLICITORS, AND TEMPORARY MERCHANTS, AND OTHER MATTERS
RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 297 of the City of Eagle, Ada
County, Idaho, adopted on July 8, 1997, is as follows:
Section 1: Repeals Title 3, Chapter 4, Eagle City Code.
Section 2: Enacts new Title 3, Chapter 4, Eagle City Code, setting forth the following
sections:
3-4-1: Purpose - To regulate vendors, peddlers, solicitors, and temporary
merchants.
3-4-2: Definitions
3-4-3: Licenses Required - Requires all vendors, solicitors and temporary
merchants to obtain a license from the City Clerk.
3-4-4: Registry and Notice - Provides for registry of residences prohibiting
solicitors and posting notice to prohibit solicitors.
3-4-5: Exceptions - Sets forth exceptions to the provisions of this ordinance.
3-4-6: Application for License - Sets forth requirements for license application.
3-4-7: Investigation Fee; Investigation of Applicant; Issuance of License - Provides
for investigation of the applicant and basis for disapproval.
3-4-8: License Fee - Sets fee for license fee.
3-4-9: Bond Requirement - Sets forth bonding requirement and procedures.
3-4-10: Issuance and Exhibition of License - Procedures for issuance of license and
exhibiting the same.
3-4-11: Restrictions - Sets forth restrictions on location and hours, requires trash
removal around vending stands and establishes prohibited areas for vendors.
3-4-12: Unlawful Conduct - Sets for conditions establishing unlawful conduct
under this ordinance.
3-4-13: Cancellation of Sale - Establishes buyer's right to cancel purchase.
3-4-14 through 3-4-20: Sets forth requirements for renewal, appeal from denial of
license, suspension of license, expiration of license, penalties and a severance
clause.
Page 1
Section 3: States that Ordinance No. 297 shall take effect and be in force from and after
its passage, approval, and publication as required by law. Provides that a summary of Ordinance
No. 297 may be published in lieu of the entire ordinance in compliance with Section 50-901A,
Idaho Code.
The full text of Ordinance No. 297 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the 8th day of July, 1997.
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Page 2
CITY OF EAGLE
Ada County, Idaho
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho, hereby
certify that I have read the foregoing Summary of Ordinance No. 297 of the City of Eagle and that
the same is true and complete and provides adequate notice to the public of the contents of said
Ordinance.
DATED as of the 8th day of July, 1997.
Page 3
The West Ada Express, 332 W. State St., Eagle, Idaho 83616
Affidavit of Publici.ion
STATE OF IDAHO
COUNTY OF ADA
Scott Crosby
deposes and says:
That I am the Managing Editor of WEST
twice weekly newspaper published at Eagle, in the County o
Idaho; that said newspaper has been and is in general circula
aforesaid, and in the vicinity of Eagle; that the advertisemen
attached hereto, was published in said newspaper once a wec
consecutive weeks in the regular and entire issue of said p.
and time of publication, and was published in the newspaper
supplement; that said paper has been established and regular
than seventy-eight consecutive weeks prior to the date of fir
advertisement.
}
ss.
Summary of Ordinance No. 297
TITLE OF PUBLICATION
City of Eagle
PLAINTIFF OR LEGAL AGENT
, be
Such notice was published in the issue beginning with
19 97 and ending with the issue of August 1
1997
X
STATE OF IDAHO
COUNTY OF ADA
On this 8th day of
Public, personally appeared
September
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in the year of
Scott Crosby
1997
to me to, tiler p whose name subscribed to the within
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STATEMENT
West Ada Express
Eagle, Idaho
Number of Lines 62 Lines
Number of Insertions 1
62 Lines @ $1.50 $ _93 nn
Lines @ $ $
TOTAL COST
WILL BE $ 93.00
Copy of Notice
(First Copy)
SUMMARY OF ORDINANCE NO. 297
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO,
REPEALING EXISTING TITLE 3, CHAPTER 4, OF THE EAGLE CITY CODE,
AND ADDING A NEW TITLE 3, CHAPTER 4, PROVIDING FOR LICENSING
AND REGISTRATION OF VENDORS, SOLICITORS, AND TEMPORARY
MERCHANTS, AND OTHER MATTERS RELATING THERETO; AND PRO-
VIDING AN EFFECTIVE DATE
A summary of the principal provisions of Ordinance No. 297 of the City of
Eagle, Ada County, Idaho, adopted on July 8, 1997, is as follows:
Section 1: Repeals Title 3, Chapter 4, Eagle City Code.
Section 2: Enacts new Title 3, Chapter 4, Eagle City Code, setting forth
the following sections:
3-4-1: Purpose - To regulate vendors, peddlers, solicitors, and tempo
rary merchants.
3-4-2: Definitions
3-4-3: Licenses Required - Requires all vendors, solicitors and tempo
rary merchants to obtain a license from the City Clerk.
3-4-4: Registry and Notice - Provides for registry of residences pro
hibiting solicitors and posting notice to prohibit solicitors.
3-4-5: Exceptions - Sets forth exceptions to the provisions of this ordi
nance.
3-4-6: Application for License - Sets forth requirements for license
application.
3-4-7: Investigation Fee; Investigation of Applicant; Issuance of License
- Provides for investigation of the Applicant and basis for disap
proval.
3-4-8: License Fee - Sets fee for license fee.
on.
or•
3-4-9: Bond Requirement - Sets forth bonding requirement and proce
dures.
3-4-10: Issuance and Exhibition of License - Procedures for issuance of
license and exhibiting the same.
3-4-11: Restrictions - Sets forth restrictions on location and hours,
requires trash removal around vending stands and establishes pro
hibited areas for vendors.
3-4-12: Unlawful Conduct - Sets forth conditions establishing unlawful
conduct under this ordinance.
3-4-13: Cancellation of Sale - Establishes buyer's right to cancel pur
chase.
3-4-14 through 3-14-20: Sets forth requirements for renewal, appeal from
denial of license, suspension of license, expiration of license,
penalties and a severance clause.
Section 3: States that Ordinance No. 297 shall take effect and be in force
from and after its passage, approval , and publication as required by law. Provides
that a summary of Ordinance No. 297 may be published in lieu of the entire ordi-
lnance in compliance with Section 50-901A, Idaho Code.
The full text of Ordinance No. 297 is available at City Hall and will be pro-
Ivided to any citizen upon personal request during normal office hours.
c Dated as of the 8th day of July, 1997.
CITY OF EAGLE
,Ada County, Idaho
/s/ Rick Yzaguirre
Mayor
/s/ Sharon K. Smith
City Clerk
I, the undersigned City Attorney for and legal advisor to the City of Eagle,
Idaho, hereby certify that I have read the foregoing Summary of Ordinance No. 297
of the City of Eagle and that the same is true and complete and provides adequate
notice to the public ofthe contents of said Ordinance.
Dated as of the 8th day of July, 1997.
/s/ John McFadden
City Attorney
L -177E August 1, 1997
File:
Route to:
NO.
L -177E