Ordinance - 2018 - 791 - Amending Title 3, Chapter 4, Vendors, Solicitors And Temporary Merchants - 04/24/2018ORDINANCE NO. 791
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAIIO AMENDING TITLE 3,
CHAPTER 4, VENDORS, SOLICITORS AND TEMPORARY MERCHANTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating
under the laws of the State of Idaho; and
WHEREAS, residents of the City of Eagle have a substantial interest in protecting their
personal safety, well-being and privacy, as well as the right to provide or receive information
regarding matters of personal belief, political, or charitable activities and goods and services
lawfully in commerce; and
WHEREAS, the City has a substantial interest in protecting the well-being, tranquility,
personal safety and privacy of its residents, which includes the ability to protect citizens from
unwanted intrusions upon residential property; and
WHEREAS, the City also has a substantial interest in protecting residents from fraud or
otherwise unfair consumer sales practices and criminal activity; and
WHEREAS, the City recognizes that the substantial interests listed above must be balanced
against the rights of those who are regulated by the City; and
WHEREAS, the Mayor and City Council of the City of Eagle find that door-to-door
vendors and solicitors may create an unwelcome disturbance of citizens and/or disruption of
privacy and may pose a danger to the health, safety and welfare of the citizens of Eagle if left
without a system of regulating such vendors, solicitors and temporary merchants; and
WHER EAS, the Mayor and City Council of the City of Eagle desire to protect the health,
safety and welfare of the citizens of Eagle by updating regulations relating to licensing of vendors,
solicitors and temporary merchants, and providing for enforcement of violations of such
regulations.
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, be and is hereby amended, in part, to read as follows with
underline text to be added and strike -through text to be deleted:
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.
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3-4-2: DEFINITIONS:
CITY CLERK: The licensing officer of the City of Eagle.
MOBILE FOOD CONCESSIONS: Carts orlikes motor vehicles from which food and
beverages are sold
fir.
NONMOBILE FOOD CONCESSIONS: Stands from which food and beverages are sold that are
not designed to be moved during operation. Includes semipermanent structures open seasonally
and permanent structures.
ORGANIZER: The person who coordinates and/or promotes one or more vendors, activities
and/or venues in order to create or produce a special event, and/or the applicant in whose name a
City of Eagle special event permit for an outdoor market or special event is held.
PUBLIC SAFETY OFFICER: Licensing officer, code enforcement personnel, fireman and
police officer.
SOLICITOR: 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 vehicle within the city for
the sole purpose of exhibiting samples and taking orders for future delivery.
SPECIAL EVENT: The temporary use, with a valid permit, of public property and/or property
accessible by the €,eneral public, including streets, beaches, parks, community centers and
waterways, for the purpose of conducting certain short term events such as art shows, music
concerts, fundraising events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos,
swap meets, sporting events, grand openings, promotional sales, including, but not limited to,
organized float trips, contests, street dances, tournaments, walk-a-thons, marathons, races, food
truck rallies, exhibitions or related activities.
TEMPORARY: Six One (6 1) months vear (twelve (12) consecutive months) or less.
TEMPORARY MERCHANT: 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.
VENDOR: Any person, including an employee or agent of a group of individuals, partnership, or
corporation, who sells or offers to take orders for 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".
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VENDOR CART: A movable and/or wheeled cart designed to be propelled by human power and
operated by a vendor standing adjacent. Goods sold from a cart may include, but are not limited
to, perishable and nonperishable food items, merchandise, and sundries.
VENDOR STAND: A nonpermanent, immobile structure, booth, stall, counter or the like
operated by a vendor standing on or within the frame of the structure, booth, stall, counter or the
like. Goods sold from a stand may include, but are not limited to, perishable and nonperishable
food items, merchandise, and sundries.
3-4-3: LICENSES REQUIRED:
eom4 ..i;rne with the provisions of tk'z olyapte All vendors, solicitors, organizers or temporary
merchants must obtain all applicable city, state, and federal licenses, permits and/or certifications
in order to be issued and continually maintain a City issued license, including but not limited to,
regulations of the Central District Health Department.
3-4-4: REGISTRY AND NOTICE OF NO SOLICITING:
A. Registry Of Residences Prohibiting Solicitors: A central registry is hereby established hereby
a resident of the city may docket their physical address as notice that no solicitor may
lawfully enter into said noncommercial premises. Said register will be kept by the city clerk
and open to the general public during normal business hours. Residents who choose to be on
the registry shall re -register at the beginning of each calendar year.
B. Notice Of "No Soliciting": Notice may also be given that a solicitor may not lawfully enter a
commercial or 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. If sold off premise, a
site plan, property owner permission and signage regulations shall be required. Permitting
fees shall be waived;
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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
fundraising 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 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.
requirements for the exemptions provided by 26 USC 503. (Ord. 297, 7 8 1997)
3-4-6: APPLICATION FOR LICENSE:
A. Applicants for a license under this chapter must file with the city clerk an application
furnished by the city clerk, which shall contain, but not necessarily be limited to, the following
information:
Al. 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. Each business representative shall complete
an application;
42. Address - both legal and local;
G3. 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;
D4. If employed, the name and address of the employer, together with credentials
establishing the exact relationship between the employer and the applicant;
E5. 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;
E6. Whether a permit or license issued to the applicant has been revoked during the past
five (5) years, and if so, where and when;
F7... ' • • ' - . - ' - • .. ' Personal identifying
information of the applicant or the persons acting on its behalf in the City as may be
necessary for the city clerk to conduct a background investigation:
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148. 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 therefor;
19. 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;
J10. When the applicant proposes to peddle any prepared food product for human
consumption, a certification by cCentral dDistrict hHealth shall be required iffier-te
issuanee-ef-a-lieense at the time of filing an application;
K11. No license issued hereunder shall be transferable. (Ord. 310, 1 21 1998) Vendors,
Organizers and Temporary Merchants must submit a site plan that includes the site
design and the design of any signage proposed for the site, which conforms to the
requirements of section 3-4-11(F) of this chapter. The City Clerk or designee will
submit the site plan and signage design to the Eagle Planning and Zoning Department
for approval.
12. An affidavit or written permission shall be obtained from the land owner for Mobile
Vendors, Organizers and Temporary Merchants seeking to utilize private property or
private property but open to the public, including but not limited to parking lots,
landscaped areas, plazas or open space areas.
13. The city clerk, or his/her designee, shall require an applicant for a city license to provide
information and fingerprints necessary to obtain criminal history information from the Idaho
State Police and the Federal Bureau of Investigation. Pursuant to Idaho Code X67-3008, and
Public Law 92-544, the city clerk and/or designee, shall require the applicant to submit a set
of fingerprints for a city license and the required fees to the Idaho State Police, Bureau of
Criminal Identification, for criminal records check of state and national database. The
submission of fingerprints and information required by this section shall be on forms
prescribed by the Idaho State Police. The City of Eagle Police Department is authorized to
receive criminal history information from the Idaho State Police and from the Federal Bureau
of Investigation for the purpose of evaluating the suitability of applicants for a city license,
and the City of Eagle Police Department shall recommend approval and/or denial of the
application based on this information and relay that recommendation to the City Clerk's
Office. As required by state and federal law, further dissemination or other use of the
criminal history information is prohibited. Anv denial may be appealed pursuant to the
provisions of section 3-4-15 of this chapter. If not denied within that period, the application
shall be deemed approved.
C. Once a license is issued, the applicant has an affirmative duty to maintain all applicable
licenses and certifications and to notify the city clerk in writing of any material change in the
information provided by the applicant in the original application.
D. No license issued hereunder shall be transferrable.
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3-4-7: INVESTIGATION FEE; INVESTIGATION OF APPLICANT; ISSUANCE OF
LICENSE:
A. At the time of filing an original application, the applicant shall pay the investigetien
fee to the city clerk as follows any direct costs incurred by the city in obtaining background
investigation results and the license fee set forth in section 3-4-8 herein as established by
resolution of the Eagle City Council.
41-o: an in
moor an
dabo, t• ,,enty five dollars ($25.00);
B. Upon receipt of shell an application, , the city clerk shall refer the
application to the Chief of Police of the City of Eagle Police Department, who shall cause an
investigation to determine validity and completeness of the information therein. The Chief of
Police or his designee shall endorse upon the application the findings of the investigation and
return it to the city clerk.
Provided „ her3 cp li ution f r ro e .al „f a
orip'akt
ark nsa
The city cloi&k rIM1 ionc or dcny the license
C. Upon receipt of the findings of the Chief of Police or his designee, but no later than thirty
(30) days from the date of submission of the completed application and all application
materials required by this subsection, the city clerk shall either issue a City of Eagle permit to
the applicant or deny the application. Where the city clerk denies an application, he or she
shall notify the applicant of such denial in writing, which shall include notice of the right to
appeal as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to
the applicant at the address set forth on the application. .. .
gyral, ctate or federal laws, except for r..axi traffic
violations, had an appli
D. The city clerk shall deny an application for a license where:
(1) Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete;
(2) The applicant has been convicted of:
(a) A violation of any provision of this section within the five (5) years preceding the date
of submission of the application.
(b) Reckless driving, eluding a police officer, racing, and/or failure to carry insurance
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within the five (5) years preceding the date of submission of the application, except that
such conviction shall not be grounds for denial where the applicant does not seek to
operate a motor vehicle while operating or acting as a vendor, peddler, solicitor, and/or
temporary merchant.
(c) A misdemeanor charge of driving under the influence of alcohol or drugs within the
five (5) years preceding the date of submission of the application, or a felony charge of
driving under the influence of alcohol or drugs within the ten (10) years preceding the
date of submission of the application, except that such conviction shall not be grounds for
denial where the applicant does not seek to operate a motor vehicle while operating or
acting as a vendor, peddler, solicitor, and/or temporary merchant.
(d) Anv misdemeanor charge involving theft or fraud within the five (5) years preceding
the date of submission of the application, or any felony charge of theft or fraud within the
fifteen (15) years preceding the date of submission of the application.
(e) A misdemeanor charge of battery, assault, domestic battery or assault, telephone
harassment, stalking, or violation of a protective order within the five (5) years preceding
the date of submission of the application, or a felony charge of battery, assault, domestic
battery or assault, telephone harassment, stalking, or violation of a protective order within
the ten (10) nears preceding the date of submission of the application.
(f) Any crime involving, or related to, firearms or other weapons.
(g) Any crime involving, or related to, a child or children, elderly persons, and/or other
vulnerable persons.
(h) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct,
or other sexual conduct or activity.
(i) Any crime involving, or related to, drugs or illicit substances.
(3) The applicant is or at any time has been required by any law or legal order to register as a
sex offender.
Such denial may be appealed pursuant to the provisions of section 3-4-1615 of this
chapter.
3-4-8: LICENSE FEES:
The license fee for any vendor, solicitor or canvasser, or temporary merchant shall be adopted
via resolution of the Eagle City Council thirty-five ($35.00)
The license shall be valid up to twelve (12) consecutive months, unless restrictions have been
established by Idaho Statute or Ada County ordinance limiting authorized date(s) of sales. All
fees shall be paid in advance. A separate application and fee may be required to participate in
City sponsored events.
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3-4-9: BOND REQUIREMENT:
Before any license AO rAT
thiv chapter:
A. Every applicant plying his trade as an individual, shall file with the city clerk a surety bond
or a cashier's check or a letter of credit from a ✓anlc in the amount of one thousand dollars
($1,000.00) running to the city.
B. Every business firm, company or corporation, which has two (2) 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) consecutive years, without claims against the surety bond,
the above bonding requirements will be waived.-, if the applicant requests the waiver in
writing.
F. Every Organizer applying for a Special Event shall provide proof of an insurance policy,
issued by an insurance company licensed to do business in Idaho, protecting the applicant
and/or any employees and/or agents thereof from all claims for damages to property and
bodily injury, including death, which may arise from operations under or in connection with
the special event. Such insurance shall name the city as additional insured, and shall provide
that the policy shall not terminate or be canceled prior to the expiration date without thirty
(30) days' advance written notice to the city. Such insurance shall afford minimum limits of
five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand
dollars ($500.000.00) per occurrence bodily injury , and five hundred thousand ($500.000.00)
per occurrence property damage.
3-4-10: ISSUANCE AND EXHIBITION OF LICENSE:
A. The city clerk shall notify the applicant whether their the license request application is
approved and shall issue a license. Such license shall show the name, address, 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. (Ord. 310, 1-21-1998)
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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 section 3-4-
-1b15 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. Mobile Vendors shall not remain
within any three hundred (300) square foot area for more than two (2) consecutive hours
within any twenty four (24) hour period within a residentially zoned area and no more than
four (4) consecutive hours within a commercially zoned area on a publicly owned street.
Mobile Vendors seeking to locate on private/oven to the public property shall comply with 3-
4-11(f). carricd on in any arca of the city by any licensee who is
l-ieensed pith c :114:-
Eagle
haff Eagle zoning ordinance. This license does not preclude the issuance of other permits by the
parks department in public parks, for special events 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 nine o'clock (9:00) A.M. and sunset unless located in
.. .. All vending stands, carts or vehicles must be removed from public
property during nonvending 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 feet (20') 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 he determines such prohibitions are necessary for the
protection of public health and safety. Vendor carts, stands, and motor vehicles are prohibited
within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a
fire station, police station, school zone or hospital.
E. Nonmobile Food Concession: One nonmobile food concession vendor will be allowed per
municipal park at the discretion of the city council. Procedures for vendor selection shall be
adopted via resolution and kept on file for review at the city clerk's office.
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F. Planning And Zoning Approval: All vendors and temporary merchants must receive written
approval from the Eagle .. . - _ . .. zoning administrator for the
proposed site, design and signage pursuant to the conditions herein -prior -to submittal „ftheir
application. After being licensed for two (2) consecutive years and having made no
modification to their site location and/or design criteria, this requirement may be waived. For
the purposes of this section and in conformance with the terms "vendor" and "temporary
merchant" as defined in section 3-4-2 of this chapter, a stand, cart, mobile food concession,
or nonmobile food concession includes, but is not limited to, vehicles, canopies, display
racks, and items placed on the ground.
1. Zoning Permit Required: Written approval maybe issued by the Eagle }►J.arx xsg and
zoning administrator shall be required upon finding that a vendor or
temporary merchant:
ba. Does not operate on any private property that contains a structure (use) that
is unoccupied dormant or dilapidated. Operation on a premises that detrimentally
impacts the surrounding neighborhood due to dilapidation, deterioration, decay,
abandonment or unfinished construction and which renders the enjoyment of the property
essentially uncomfortable or inconvenient to the neighborhood shall be prohibited. Active
and occupied DParcels and uses in combination that are not dilapidated but which are
considered nonconforming may be eligible for siting provided that the stand, mobile food
concession, or nonmobile food concession does not expand the land area of the parcel or
is situated in a manner that expands the nonconformity of the site,;
eb. Will not operate in such a manner as to reduce the amount of parking spaces below the
minimum required for the principal use upon which the vendor or temporary merchant
operation is proposed.
2. In addition, the following criteria shall apply to all vendors and temporary merchants:
a. A stand, cart, mobile food concession, or nonmobile food concession must be designed
and built meeting normal building industry standards, used in a safe manner, and meet all
requirements of the central district health department as may be necessary.
b. A stand, cart, mobile food concession, or nonmobile food concession shall not exceed
sixty four (64) gross square feet in size and no more than twelve feet (12') in height.
c. Support equipment and accessories, other than a generator, must not extend more than
two feet (2') from the edge of the stand, cart, mobile food concession, or nonmobile food
concession in any direction and shall not be placed so as to impede pedestrian or vehicle
traffic. Canopies or other covers, whether stand alone or used on a stand, cart, mobile
food concession, or nonmobile food concession, must be securely fastened. Such covers
shall have a minimum vertical clearance of eight feet (8') and must not extend more than
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four feet (4') from the edge of the stand, mobile food concession, or nonmobile food
concession in any direction.
d. A stand, cart, mobile food concession, or nonmobile food concession shall maintain a
clear pedestrian passage on the public sidewalk of no less than five feet (5') wide; shall
not block any vehicle travelway; shall not be positioned within a driveway or within ten
feet (10') of either side of the driveway; shall not be positioned within a doorway or
within five feet (5') of either side of the doorway; nor in a manner that impedes
movement or visually obstructs pedestrians and vehicles using the public rights of way.
e. Stands, carts, mobile food concessions, and nonmobile food concessions shall not be
locked or chained to a tree, streetlight, or other street furnishings.
f. Stands, carts, , and nonmobile food concessions shall be
designed to be aesthetically pleasing, generally in compliance with the requirements
prescribed in title 8, chanter 2, article A of this code, and maintained to have a neat and
clean appearance at all times. Mobile food concessions are exempt from the design
requirements in title 8, chapter 2, article A.
g. A s Stands, carts, and er nonmobile food concessions may be permitted to have one
table . ' provided they -are it is contained within a twenty ten -foot
(2 10') radius of the main service window. A1- The tables and chairs and any permitted
accessories shall be stored either within the stand, cart, or nonmobile food concession or
off site during nonbusiness hours.
h. Overhead utility service connections are not permitted. Electrical lines are not allowed
overhead or lying in the pedestrian portion of the sidewalk, in a vehicle travelway or
parking lot, or within any landscaping. City streetlight facilities shall not be used in any
way to supply electrical service to a vendor site.
i. Vendors must provide trash receptacles and waste removal adjacent to or as a part of their
operations. All spilled food, beverages, grease, or other trash or debris resulting from the
operation of any stand, cart, mobile food concession, or nonmobile food concession shall
be cleaned and collected by the vendor and deposited in the vendor's trash receptacle. The
vendor is prohibited from depositing waste, ice, and any gray or waste water into
sidewalk waste receptacles, privately owned dumpsters, city planters, parking lot drains
or the street drainage system.
J.
Stands, carts, mobile food concessions, and nonmobile food concessions shall be
maintained in such a manner that prevents the spilling or splattering of grease, water,
food, or trash on any ground where the cart, trailer, or vehicle is located. The stand,
mobile food concession, or nonmobile food concession owner shall be responsible for the
cleaning and repair of any ground soiled, stained, or damaged by the placement and
operation of their business.
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(ITD) shall only be permitted if a
ITD is provided to the city.
3. Fireworks stands are exempt from the provisions of this subsection F. Vendors remain
subject to the conditions of this title and those controls set forth in Idaho Code title 39,
chapter 26 regulating fireworks stands.
G. Each stand, cart, mobile food concession and/or nonmobile food concession is allowed the
following signage: (i) One (1) portable feather flay: (iil one (Il portable -sign: and (iii)
signage affixed to the structure (stand, cart or vehicle) which denotes the business name.
Additional signage is not allowed. Should a conflict exist between this subsection and
section 8-2A-8 or other section of the Eagle City Code, the regulations in this section shall
prevail.
3-4-12: UNLAWFUL CONDUCT:
No licensee hereunder shall:
A. Fail to comply with any of the provisions set forth in this Chapter.
A- B. Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;
Irl: C. 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, D. Represent the issuance of any license under this chapter as an endorsement or
recommendation of the solicitation;
147E. Enter upon any premises when the same is posted with a sign stating "No Peddlers
Allowed" or "No Solicitation Allowed" or other words to such effect;
E7 F. Commit fraud, make misrepresentation or false statement in the course of carrying on the
business.
3-4-13: CANCELLATION OF SALE:
The buyer shall have the right to cancel the door to door sale within three (3) 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.
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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 1 5: RENEW A 7 S:
Licenses whiok aro xot renewed k: a err'
3-4-165: APPEAL FROM OF DENIAL OF LICENSE:
incl application. (Ord. 297, 7 8
Any applicant denied a license by the city clerk under this chapter may appeal the city clerk's
date of the city clerk's denial.
k:.1 thall he filed within tv:
A. Appeal to the Mayor: Within five (5) calendar days from the date of denial by the city clerk,
the applicant may appeal the denial to the mayor by filing a written appeal with the mayor's
office, which appeal shall enumerate the grounds for the appeal. A fee shall not be required. The
mayor, or his or her designee, shall proceed to affirm, modify, or reverse the decision. Within
seven (7) calendar days after a written decision has been rendered, the mayor shall provide the
appellant with written notice of the action on the request. If an appeal to the city council is not
filed within five (5) calendar days from the date of receipt of written notice of the mayor's
decision, the decision shall be final.
B. Appeal to the City Council: Within five (5) calendar days from the date of receipt of the
written notice of the mayor's decision on the appeal, the appellant may file with the mayor's
office a notice of appeal of the decision to the city council. The city council, after receipt of the
appeal, shall proceed to affirm, modify, or reverse the decision. The decision of the city council
shall be final.
3-4-176: SUSPENSION; OR REVOCATION OF LICENSE:
A. Cause For Suspension Or Revocation: The city council City Clerk or designee 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 pr
provisions of title 67, chapt3r 52, Idah
Page 13 of 15
K COUNCIL Ordinances ORD 791 Amendin. Title 3 docx
punu.mt to subsection A of this section. The city council shall cause to be kept minutes and
�1 ohall lc srbatirn
not leac than tri- . • . - . a trmarr teed ,e
licensee. The City Clerk or designee shall notify the licensee of such revocation or
suspension in writing. and shall mail such notice to the licensee at the mailing address set
forth in the application. Such revocation or suspension shall be effective immediately upon
mailing by the City Clerk or designee.
ci in sections 67
5270 and 67 5271, Idaho Code. (Ord. 297, 7 8 1997)Appeal of Revocation or Suspension:
Appeal of the City Clerk's revocation or suspension of a license issued hereunder may be
made bv the licensee. Such appeal shall be made in writing, shall be mailed to the City Clerk
via hand delivery or U.S. mail. and shall state the reasons for such appeal. Upon receipt of
such appeal, the City Clerk shall schedule a public hearing on the appeal at a city council
meeting within fourteen (14) days. The city council's decision on such appeal shall be a final
decision.
3-4-187: 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 year twelve (12) consecutive
months.
3-4-198: PENALTY:
Any person, business, firm, company or corporation who shall violate any of the provisions of
this chapter shall be guilty of an inf action and ,'anima 'on 1 1.1 of this cods
a misdemeanor and upon conviction shall be punished bv a fine and/or imprisonment as
established by Idaho Code. In addition to such penalty, any person violating any provision of
this chapter shall be subject to any and all other applicable administrative, criminal and/or civil
penalties. Each day or violation continued shall be separate offenses, punishable as hereinabove
described.
3-4-2019: 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 2: If any part of this ordinance shall be held unconstitutional or void, such part shall be
deemed separable and its invalidity shall not affect the remaining parts of the ordinance.
Page 14 of 15
K COUNCIL Ordinances ORD 791 Amending Title 3 docx
Section 3: The City Clerk is instructed to immediately forward this ordinance to the codifier of
the official municipal code for proper revision of the code.
Section 4: This ordinance, or a summary thereof in compliance with Idaho Code §50-901A, shall
be published once in the official newspaper of the City, and shall be in full force and take effect
June 1, 2018.
APPROVED by the Mayor of the City of Eagle, Idaho this 0{,-tth
/ day of /471
2018.
CITY OF EAGLE
Ada County, Idaho
A
STA!RIDGEVi1'AY
MAYOR
Page 15 of 15
K.ICOUNCIUOrdinanceslORD 791 Amending Title 3 docx
SUMMARY OF
ORDINANCE NO. 791
The following is a summary of Ordinance No. 791, adopted by the City Council of the City of
Eagle, Ada County, Idaho, on April 24, 2018:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO AMENDING TITLE 3,
CHAPTER 4, VENDORS, SOLICITORS AND TEMPORARY MERCHANTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
Section 1: Amends Title 3, Chapter 4, Eagle City Code, relating to vendor, solicitor and temporary
merchant licenses by modifying and clarifying definitions, license requirements, procedures for
obtaining licenses, license fee requirements, bond requirements, and restrictions; by modifying
what constitutes unlawful conduct; by amending appeal, suspension and revocation procedures;
by clarifying license expiration dates; and by clarifying the penalty for violation.
Section 2: Provides for severability.
Section 3: Provides for codification.
Section 4: Provides an effective date and for publication by summary.
The full text of Ordinance No. 791 is available at City Hall and will be provided to any citizen
upon personal request during normal office hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
Publication Requested: April 30, 2018
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of Idaho and serving as counsel to
the City of Eagle, Idaho, hereby certify that I have read the above Summary of Ordinance No. 791
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 this 25`1' day of April, 2018.
Jil. Holinka
MSBT LAW, CHTD.
City Attorney, City of Eagle
Idaho Statesman
11.• NowapAOor o1 /ho 1 Vallay
IDANDS MAN.COM
PO Box 40, Boise, ID 83707-0040
LEGAL PROOF OF PUBLICATI 11J
Account #
Ad Number Identification
0003633768 LEGAL NOTICE SUMMARY
263905 OF ORDINANCE N
Attention: TRACY OSBORN
CITY OF EAGLE / LEGALS
660 CIVIC LANE
EAGLE, ID 83616
LEGAL NOTICE
SUMMARY OF
ORDINANCE NO. 791
The following is a summary of Ordinance No. 791, adopted by the
City Council of the City of Eagle, Ada County, Idaho, on April 24,
2018:
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO
AMENDING TITLE 3, CHAPTER 4, VENDORS, SOLICITORS AND TEM-
PORARY MERCHANTS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
Section 1: Amends Title 3, Chapter 4, Eagle City Code, relating to
vendor, solicitor and temporary merchant licenses by modifying and
clarifying definitions, license requirements, procedures for obtaining
licenses, license fee requirements, bond requirements, and restric
tions; by modifying what constitutes unlawful conduct; by amending
appeal, suspension and revocation procedures; by clarifying license
expiration dates; and by clarifying the penalty for violation.
Section 2: Provides for severability.
Section 3: Provides for codification.
Section 4: Provides an effective date and for publication by sum
mary.
The full text of Ordinance No. 791 is available at City Hall and will be
provided to any citizen upon personal request during normal office
hours.
Stan Ridgeway, Mayor
Attest: Sharon K. Bergmann, City Clerk/Treasurer
CERTIFICATION OF ATTORNEY
I, the undersigned, an attorney at law duly licensed in the State of
Idaho and serving as counsel to the City of Eagle, Idaho, hereby cer-
tify that I have read the above Summary of Ordinance No. 791 of the
City of Eagleand that the same Is true and complete and provides
adequate notice to the public of the contents of said ordinance.
Dated this 25th day of April, 2018.
Jill S. Holinka
MSBT LAW, CHTD.
City Attorney, City of Eagle
Pub. Apr. 30, 2018
0003633768-01
PO
Ord 791
Amount
$99.56
Cols Lines
2 51
JANICE HILDRETH, being duly swom,
deposes and says: That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
1 Insertions
Beginning issue of: 04/30/2018
Ending issue of: 04/30/2018
STATE OF IDAHO )
.SS
COUNTY OF ADA )
On this 30th day of April in the year of
2018 before me, a Notary Public,
personally appeared before me
Janice Hildreth known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
that she executed the same.
Notary Public FOR Idaho
Residing at: Boise, Idaho
My Commission expires:
01