HomeMy WebLinkAboutORDINANCE NO. 1029 BUSINESS REGISTRATIONSwt.A x4 Instrument # 361990
c l IN OF REXBURG, MADISON, IDAHO
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BUSINESS REGISTRATIONS INCLUDING
NON -PERMANENT VENDOR REGULATIONS
BILL NO. 1029
AN ORDINANCE REPEALING ORDINANCE NO 709; AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; DEFINING MOBILE VENDOR, TEMPORARY VENDOR,
AND SEASONAL VENDOR; ESTABLISING DESIGN REVIEW
PROCESSES AND STANDARDS FOR TEMPORARY AND SEASONAL
VENDOR USES; REGULATING BUSINESSES BY REQUIRING A
BUSINESS REGISTRATION OR LICENSE FOR THE OPERATION OF
BUSINESSES WITHIN THE CITY OF REXBURG, IDAHO; AND
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE AND FOR SEVERABILITY; AND PROVIDING WHEN
SAID ORDINANCE SHALL TAKE EFFECT.
Whereas, the City of Rexburg's Commercial Design Standards and Guidelines do
currently clearly apply to the premises of a new business when no building permit is
lied for, and
Whereas, temporary businesses and associated temporary structures, vehicles or
may negatively impact pedestrian and vehicular safety, and a zoning district's
d character and appearance, and
Whereas, such impacts are likely to increase with the length of time temporary uses
temporary structures are present, with extremely mobile businesses of resultantly low
:ern, and
Whereas, a distinction has been observed between businesses operating on a
iry basis of around fourteen days — around events such as July 4h— and businesses
tg on a seasonal basis — usually within four or six months centered on the Summer
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
;OUNCIL OF THE CITY OF REXBURG, THAT THE FOLLOWING ATTACHED
,AGES SHALL, AND HEREBY ARE ADOPTED AS AN ORDINANCE OF THE
JTY OF REXBURG:
Sections:
6.01.010 Scope
6.01.020 License or Registration required
6.01.030 Exceptions
6.01.040 Definitions
6.01.050 Types of fees
6.01.060 License or registration fees
6.01.070 Fee payment required
6.01.080 Application
6.01.090 Investigation
6.01.100 Term of license or registration
6.01.110 Administrative appeals
6.01.120 Recordkeeping
6.01.130 Number limitations
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6.01.140 Duty to issue
6.01.150 Fire extinguishers
6.01.160 Inspections
6.01.170 Alternative methods
6.01.180 Fake repairs prohibited
6.01.190 Violation — Penalty
6.01.200 Bond Requirement
6.01.210 Exhibition of License or Registration
6.01.220 Mobile Vending Cart, Trailer, and Vehicle standards
6.01.230 General Restrictions
6.01.240 Location Restrictions
6.01.250 Street Vending Restrictions
6.01.260 Commercial Business District Restrictions
6.01.270 Unlawful to Conduct
6.01.280 Enforcement
6.01.290 Renewals
6.01.300 Expiration of License or Registration
6.01.310 Penalty
6.01.320 Severance Clause
6.01.330 Cancellation of sale
6.01.340 Suspension
01.010 Scope
1) The provisions of this chapter apply to all business licenses or registrations of the
city, except where an ordinance concerning a particular business contains a specific
provision to the contrary, in which case the specific provision shall apply.
2) The purpose of this chapter is to provide one document covering all license or
registration fees and investigation fees or processing fees connected with the
issuance or renewal of licenses or registrations for any business license or
registration by the city. The fees referenced in this chapter shall apply in place of
any earlier provision in any other ordinance. The fees and charges for businesses
or operations not listed in this chapter shall be as stated in the specific ordinances
or parts of ordinances relating to those businesses or operations. The City Council
shall modify or update the city fees by resolution as needed.
3) A further purpose of this Chapter is to protect the health, safety, and welfare of
the City of Rexburg and its residents. This ordinance is not intended to prohibit or
hamper speech which is protected by the First Amendment, but merely to regulate
specific activities which are commercial in nature.
License or Registration required
egistration is required for all businesses, including professional services. No fees shall be
larged unless they are delineated on the City's master fee list. It shall be unlawful for any
mdor, solicitor, or temporary merchant, as the same are herein defined, to engage in such
rsiness or to employ another in such business within the corporate limits of the City
ithout first obtaining a license or registration from the City Clerk's Office in compliance
ith the provisions of this Chapter. All vendors, solicitors, or temporary merchants must
eet all applicable city, state, and federal law and licensing requirements including District
even Health Department Regulations and Requirements, before a registration or license
issued. The applicant must continually maintain a City issued license or registration.
Exceptions
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The provisions of this Chapter shall not apply to:
1) Any sales under court order;
2) 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 fines;
3) The sale of farm or garden products by the person producing the same;
4) The sale of a newspaper subscription in which the seller is a person engaged in
both the delivery and sale of the newspaper;
5) 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;
6) Any political group seeking funds or membership;
7) 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;
8) Any organization exempt from taxation as provided by 26 U.S.C. 501 and meeting
all the requirements for the exemptions provided by U.S.C. 503;
9) Any activity conducted pursuant to a Special Events Permit.
Definitions
used in this chapter and in any ordinance regulating business or requiring a license or
istration for the operation of a business, the following terms shall have the following
anings, except where the context clearly indicates that a different meaning is intended
I except where an ordinance concerning a particular business contains a specific
vision to the contrary:
1) Adult: means any person eighteen years of age or older.
2) Approved: means complying with all applicable state laws and city ordinances.
The word "approved" does not give any city officer or employee discretion to fail
to approve any item or method, except for failure to comply with applicable city
ordinances and state laws.
3) Business District:
a) Commercial Business District
b) Community Business Center
c) General Business District
d) Neighborhood Business District
e) Regional Business District
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4) Child: means any person under the age of eighteen years, provided that provisions
relating to sale of liquor may refer to persons under the age of twenty-one years,
and other ordinances may refer to persons of younger ages.
5) City: means the city of Rexburg, Idaho.
6) City Officer: When duties and responsibilities are given to any city officer such as
the City Clerk or the Chief of Police,the duties may be performed by the named
officer or any city officer or employee under that officer's supervision, if that city
officer or employee has been assigned by his superior to perform the duties in
question. Duties concerning drafting regulations, drafting forms or making
recommendations to the governing body of the city are not to be delegated. Duties
concerning administrative appeals are not to be delegated.
7) Clerk: means the City Clerk. The licensing or registration officer of the City of
Rexburg.
8) Dangerous: means not safe. See "safe."
9) Design Standards: All buildings and temporary structures are subject to, and
shall comply with all of the City building standards. Other building styles and
designs can be used to comply, so long as they are consistent with the applicable
Development Code Standards. An architectural feature may be used to comply
with more than one standard.
10) License or registration appeal: means an appeal in accordance with city
ordinances relating to license or registration appeals.
11) License or registration year: means the period for which business licenses or
registrations are issued. In the absence of a specific provision to the contrary
relating to a particular business, the license or registration year is from January 1"
to December 31" of the following year.
12) Minor or minor child: has the same meaning as child. See "child."
13) Mobile Vending Cart: A movable push cart that is operated by a vendor standing
on the sidewalk and does not remain at the same location for more than two
hours.
14) Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or
within the frame of the trailer and must submit a site plan if intended for seasonal
vending.
15) Mobile Vending Vehicle: A motorized vehicle operated by a vendor standing on
or within the frame of the vehicle, which vehicle is capable of moving under its
own power.
16) Mobile Structure: A structure capable of moving or of being moved readily or
relaliveyeag from place to place or changing quickly from one state or condition to
another; tending to travel and relocate frequently.
17) Parking: As defined in the Rexburg Development Code.
18) Person: means an individual or a corporation, firm, partnership, association or
business entity.
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19) Public Safety Officer: Is defined as a city licensing officer, fire fighter, police
officer, and meter monitor.
20) Safe: means having no defect in design, materials, workmanship, method of
installation or method of normal use which creates a hazard to any person or
property.
21) Sidewalk: That portion of the public right of way which is between the curb lines
or the lateral lines of a roadway and the adjacent property line intended for the use
of pedestrians in public places of the City of Rexburg.
22) Sidewalk Vending: The peddling, vending, selling, displaying, or offering for sale
any item of tangible personal property or other thing of value from a mobile
vending cart by a vendor to persons on the public right of way including sidewalks.
23) 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 vehicle
within the city for the sole purpose of exhibiting samples and taking orders for
future delivery.
24) Special Event: 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.
25) Street Vending: The peddling, vending, selling, displaying, or offering for sale any
item of tangible personal property or other thing of value from a mobile vending
trailer or vehicle situated on the public rights -of -ways between the curb lines by a
vendor to persons on the sidewalk.
26) Temporary: Is defined as six months or less.
27) 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.
28) 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 mobile vending cart, mobile
vending vehicle, or mobile vending trailer, or any other type of conveyance or
from his or her person. The word vendor shall include the words "hauler',
"huckster" and "peddler".
a) Mobile Vendor: A business exhibiting goods or services from a vehicle,
trailer, on foot or in a similar mobile manner for not more than one (1) hour in
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twenty-four (24) hours on any one site, or which is operating during an
approved public event on property owned or leased by a governmental entity,
with approval of the event organizer.
b) Seasonal Vendor: A business, other than a mobile vendor, exhibiting goods
or services within the City of Rexburg from a temporary or mobile structure or
vehicle or in a similar temporary manner for more than fourteen (14) days
in any year, but for less than one hundred eighty (180) days in any year.
c) Temporary Vendor: A business, other than a mobile vendor, exhibiting
goods or services within the City of Rexburg from a temporary or mobile
structure or vehicle or in a similar temporary manner for fourteen (14) or
fewer days in any one year period.
Types of fees
The following are the types of fees that are covered by this chapter:
1) A license or registration fee, paid by the operator of the business for the issuance
of the license or registration;
2) A nonrefundable investigation fee, covering the cost of investigating to determine
whether the applicant is eligible for a license or registration. This type of fee shall
be charged only in instances specified in this chapter or in any other applicable
ordinance. This fee shall be in addition to the license or registration fee;
3) A nonrefundable processing fee, covering the cost of processing an application.
This type of fee shall be charged per the business registration fee list. This fee shall
be in addition to the license or registration fee.
License or registration fees
siness license or registration fees shall be reviewed annually and any changes shall be
de by resolution of the City Council. Any license or registration fee that is not on the
st current City Clerk License or Registration Fee Schedule shall have fees set by the
yor and city council in each individual situation. The vendor, solicitor or canvasser, or
iporary merchant non-refundable license or registration fee, in an amount established
the Rexburg City Council and listed on the most current City Clerk License or
nstration Fee Schedule, shall be paid in advance.
Fee payment required
person shall operate any business for which a license or registration fee is established
this chapter until and unless the license or registration fee has been paid on behalf of
t business. No business license or registration shall be issued until after the payment of
fee required by this chapter. No license or registration shall be issued until any
>licable investigation fee or processing fee has been paid. All license or registration
s, investigation fees and processing fees shall be paid in to the city treasurer. To the
ent permitted by the budget, investigation fees and processing fees may be spent on
calf of the offices or departments actually making the investigations or processing the
>lications in question.
Application
1) Issuance. In the absence of a provision to the contrary, applications for business
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license or registration shall be made to the City Clerk. Forms shall be supplied by
the clerk containing, 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; 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;
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 length of time for which the right to do business is desired;
f) If a vehicle is to be used, a description of the name, together with license or
registration number or other means of identification;
g) Has a permit or license or registration to the applicant been revoked during the
past five (5) years, and if so, where and when;
h) Proposed method of operation;
i) Social security number and or driver's license or registration number of
applicant and birth date of applicant;
j) A statement as to whether or not the applicant has been convicted of any
crime, misdemeanor, or violation of any municipal laws, the nature of the
offense and the date, and the punishment of penalty assessed therefore;
k) The place where the goods assessed therefore; are 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, the proposed
method of delivery, and also written permission from the property owner
where the goods or property are to be sold;
1) A two inch by two inch (2" x 2") photograph of the applicant, showing the
head and shoulders of the applicant in a clear and distinguishable manner;
m) At the time of filing an application an investigation fee shall be paid to the City
Clerk as outlined in the current business registration fee list.
n) When the applicant proposes to peddle any prepared food product for human
consumption, a certification by the District Seven Health Department and a
Rexburg City Business Registration, issued under Rexburg City Code, shall
be required prior to issuance and throughout the duration of a license or
registration;
o) No license or registration issued hereunder shall be transferable.
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2) No license or registration shall be issued until all appropriate fees required by
ordinance have been paid. If all required information is supplied, the required fees
have been paid and it does not appear that any applicable state law or city
ordinances will be violated by the operation of the business, the license or
registration shall be issued.
3) The City Clerk or other person responsible for processing license or registration
applications shall provide assistance in filling out license or registration application
forms to any person asking for assistance.
4) The City Clerk shall approve or deny the application within thirty (30) days of
receipt of the completed application and application fee. Any denial may be
appealed pursuant to the provisions of Rexburg City Code. If not denied within
that period, the application shall be deemed approved.
5) Once a license or registration is issued, the applicant has an affirmative duty to
maintain all applicable license or registrations 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.
6) Sworn Statements. Wherever any city ordinance requires a "sworn" statement or
application relating to any business, the person making the statement may make
the statement either under oath or under affirmation to tell the truth.
Investigation
1) Such application, or application for renewal, the City Clerk shall refer it to the
Chief of Police, who shall cause an investigation to determine the validity and
completeness of the information presented on the application. The Chief of
Police shall endorse upon the application the findings of the investigation and
return it to the City Clerk within five (5) working days. Providing, where
application for renewal of a license or registration is involved, and the City Clerk
has received no complaint or allegadon, the City Clerk may waive payment of the
investigation fee and issue the renewal license or registration, upon payment of the
license or registration fee, without referral of the application to the Chief of Police.
a) If required, the applicant shall pay an investigation fee to the City Clerk, and in
the event the applicant is a business entity, a separate fee for each individual
authorized to act on its behalf in the City, as follows:
i) For an investigation within the State of Idaho, an amount established by
the Rexburg City Council and listed on the most current City Clerk License
or Registration Fee Schedule;
ii) For an investigation outside the State of Idaho, an amount established by
the Rexburg City Council and listed on the most current City Clerk License
or registration Fee Schedule;
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 or registration is involved, and the City Clerk has received
no complaint or allegation of any violation of this Chapter or other laws by the
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applicant, the City Clerk may waive payment of the investigation fee and issue
the renewal license or registration.
c) If the applicant, his employer, or a person authorized to solicit on its behalf
has been convicted of any crime, misdemeanor, or violation of any municipal,
state or federal laws, except for minor traffic violations, in the previous five (5)
years; or if the applicant has made a false statement on the application then it
shall be disapproved. Such disapproval may be appealed pursuant to the
provisions of the Rexburg City Code.
2) The City Clerk shall notify the applicant whether his license or registration request
is approved and upon payment of the prescribed license or registration fee, shall
issue a license or registration. Such license or registration shall show the name,
address, the type of license or registration issued, the amount of fee paid, the date
of issuance and the date of expiration. The license or registration for peddlers,
solicitors, canvassers, or transient merchants will also include a photograph of said
licensee and the kind of goods to be sold or type of sales to be solicited there
under.
3) The City Clerk shall notify the applicant if his license or registration request is
disapproved the reasons therefore, and advise him of the appeal procedure.
100 Term of license or registration
1) License or registration year. Except where otherwise specifically provided in
connection with a business, the license or registration year shall run from January
1st until December 31st of the same year. No person, firm or corporation may
continue to operate a business after the expiration of the license or registration
unless an application has been made for a new license or registration and a new
license or registration has been issued.
2) License or registration for less than a year. If a business or operation is started
after the middle of the license or registration year, the fee for the license or
registration shall be one-half of the annual fees in the absence of a specific
provision to the contrary.
Administrative appeals
person aggrieved by any decision relating to the issuance of a license or registration
file an administrative appeal
the manner provided by ordinance.
Recordkeeping
g in any city ordinance shall be deemed to prohibit the City Clerk from using
ters to organize information concerning license or registrations, or to store or
such information. The clerk shall, however, have at least one written record, on
of each license or registration application and of each license or registration issued,
:ed in such a way that, if necessary, a manual search could retrieve information by
names of license or registrations.
Number limitations
the absence of a specific provision to the contrary, no ordinance is to be interpreted as
sting the number of license or registration that may be issued or as limiting the number
business enterprises of any particular kind that may be operated in the city. No city
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or employee may refuse to issue a license or registration because of the officer or
ee's belief that there is enough of a particular type of business in the city already.
Duty to issue
> city ordinance relating to business license or registration shall be interpreted as
Luting or attempting to grant to any city officer or employee any discretionary authority
issue a license or registration to refuse to issue a business license or registration.
sense or registration shall be issued to each applicant complying with all applicable state
vs and city ordinances, and license or registration shall be refused for any applicant
ling to comply with all such applicable laws and ordinances.
Fire extinguishers
h business shall have at least one city approved fire extinguisher on the premises. This
quired not only for fires that may originate in the business but also for use for any
by fire in a vehicle or other place. All such fire extinguishers shall be kept charged
ready to use, in an accessible location known to all employees on the premises.
Inspections
� business in the city may be inspected by city officers and employees authorized to
arce provisions of ordinances which include building, fire, plumbing, and electrical
es relating to that business. In the absence of an emergency and in the absence of
nd reasons whereby an inspection cannot be made during regular business hours,
>ections shall be made during normal business hours. Immediately upon arriving at a
;e of business for the purpose of making an inspection, the city officer or employee
drug the inspection shall identify himself or herself and shall state that the purpose of
visit is to make an inspection. No person having control of any business premises
Il refuse to permit a city officer or employee to enter for the purpose of making an
)ection. If entry is refused, the city officer or employee shall leave and seek a search
rant or other appropriate court order, to gain entry.
Alternative methods
hen any city ordinance requires a business to use a particular procedure or material for
alth or safety reasons, an alternative procedure may be proposed by the person, firm or
rporation operating the business. If the City Clerk finds that the alternative proposal has
en proven to provide at least equal safety and at least equal protection to public health
the method or material requited by ordinance, the alternative shall be approved. The
rden of proof is on the person advocating the alternative. After approval of the
ernative, other persons in the same business may continue to use the method authorized
the ordinance or the alternative method, at the option of the person operating the
siness. The city officer approving the alternative shall report the matter to the
veining body of the city, for consideration of amendments to the ordinance. Any
rson aggrieved by a refusal to approve an alternative method or material may call the
atter to the attention of the governing body of the city and request an amendment to the
180 Fake repairs prohibited
i person doing business anywhere in the city shall charge for any repair or maintenance
>rk on any vehicle or other device or thing, unless such repair or maintenance work has
fact been done.
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Violation — Penalty
person, firm or corporation violating any provision of this chapter, or of any
nance relating to licensing, where no other penalty is provided, shall be fined not less
1 twenty-five dollars nor more than five hundred dollars for each offense. Any person
ating any such provision may in addition to a fine or in lieu of a fine be imprisoned for
more than six months. A separate offense shall be deemed committed on each day
ne or on which a violation occurs or continues.
Bond Requirement
1) Before any license or registration as provided herein shall be issued for engaging in
the business of peddler, solicitor or canvasser, or transient merchant as defined in
this ordinance, every applicant plying his trade as an individual, shall file with the
City Clerk a surety bond running to the City or a cashier's check as outlined in the
current city fee resolution. Every business, firm, company or corporation, which
has one or more employees or agents acting in the capacity of peddler, solicitor,
canvasser or transient 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
as outlined in the current city fee resolution for each employee and/or agent.
a) Every applicant plying his trade as an individual, shall file with the City Clerk a
bond, in the amount of one thousand dollars ($1000.00)
b) Every business association, company or corporation, which has employees or
agents acting in the capacity of vendor, solicitor, or temporary merchant, shall
file with the City Clerk a bond covering all such employees in the amount of
one thousand dollars ($1000.00) per employee to a maximum of five thousand
dollars ($5000.00).
c) The bond may be in form of a surety bond issued by a company license or
registration to issue insurance in the State of Idaho, a money order or cashier's
check payable to the City of Rexburg, or cash delivered to the City Clerk. The
bond shall protect against any and all claims against the vendor, solicitor or
temporary merchant arising during the effective dates of the license or
registration issued under this Chapter and filed with the City Clerk within sixty
(60) days of the expiration of any such license or registration. Vendors,
Solicitors and Temporary Merchants shall notify each customer that they are
bonded and that any claim may be presented to the City Clerk at 35 N 1" East
during regular business hours.
d) Vendors, Solicitors, and Temporary Merchants maintaining a stationary
location through the term of the license or registration may satisfy this
requirement by a notice conspicuously posted near the point of sale.
e) After expiration of a license or registration, the City Clerk shall, upon
application of the license or registration, return the bond to the person
designated in the application 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. If the Clerk received notice of a
claim, the bond shall not be released except as directed by a court or the
persons(s) submitting the claim. After being license or registration for one (1)
year, without claims against the bond, the above bonding requirements will be
waived.
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Bond Requirements for non- peddler, solicitor or canvasser, or transient
1) Bonding for other businesses may require bonding as deemed necessary by the
City Clerk.
Exhibition of License or Registration
1) The City Clerk shall notify the applicant whether his license or registration request
is approved and shall issue a license or registration. Such license or registration
shall show the name, address, the type of license or registration issued, the amount
of fee paid, the date of issuance and the date of expiration. The license or
registration for peddlers, solicitors, canvassers, or transient merchants will also
include a photograph of said licensee and the kind of goods to be sold or type of
sales to be solicited there under.
2) The City Clerk shall notify the applicant if his license or registration request is
disapproved, the reasons therefore, and advise him of the appeal procedure
pursuant to the provisions of this ordinance.
3) The license or registration issued to the license or registration hereunder by the
City Clerk shall be exhibited in a conspicuous place if the license or registration is
using a vehicle or a building in his business, and otherwise must be kept by the
person and exhibited at any time upon request.
Mobile Vending Cart, Trailer, and Vehicle standards
1) Mobile vending carts, trailers, and vehicles must be designed and built meeting
normal industry standards and used in a
safe manner.
2) A Mobile vending cart frame must not exceed five (5) feet wide by nine (9) feet
long by seven (7) feet high, and must be able to be pushed by one person. The
mobile vending cart must have a minimum of two functional rubber -tired wheels.
The braking mechanism on the mobile vending cart shall be affixed in such a
manner that it is not readily removable in order to secure the cart when parked on
the sidewalk. The use of ropes and shocks as the sole braking mechanism is
prohibited.
3) Generators on mobile vending carts, trailers, and vehicles powered by gasoline are
prohibited. Only generators powered by propane are acceptable. No mobile
vending cart shall carry more than two five gallon containers of propane on a
public right-of-way. Generators shall not be placed on the ground.
4) Mobile vending carts, trailers, and vehicles must have the BBQ grill enclosed and
permanently built into the structure of the vendor cart, trailer, or vehicle.
5) An approved hand-held fire extinguisher is required and if a heating or cooking
appliance is used, a five pound "K" fire extinguisher is also required.
6) With the exception of merchandise or food items to be sold, mobile vending carts,
trailers, and vehicles presented for inspection shall be exactly as they will appear
when operating on a public right-of-way, including any food rack.
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7) Support equipment and accessories, other than the generator and the propane
tanks, must not extend more than four (4) feet from the edge of the cart, trailer, or
vehicle in any direction and shall not be placed so as to impede pedestrian traffic.
Umbrellas, canopies, or other covers used on mobile vending carts, trailers, or
vehicles must be securely fastened. Its open diameter may not exceed nine (9) feet
with a minimum vertical clearance of seven (7) feet, eight (8) inches and must not
extend more than four (4) feet from the edge of the cart, trailer, or vehicle in any
direction.
8) Unsecured menu boards or sidewalk signs are prohibited.
9) Mobile vending carts, trailers, and vehicles shall have a clean appearance at all
times and comply with all codes.
General Restrictions
Vendors, solicitors, and temporary merchants are subject to the following restrictions:
1) No vendor, solicitor, or temporary merchant hereunder shall have any exclusive
right to any location in a public street or sidewalk, not shall he/she be permitted to
operate in any congested area where his operations might impede or
inconvenience the public. This license or registration does not preclude the
issuance of a special events permit or 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.
2) Vendors, solicitors, and temporary merchants shall be allowed to engage in their
license or registration business only between seven (7) a.m. and (11) p.m. Sunday
through Friday and seven (7) a.m. and (12) a.m. on Saturday in commercially
zoned areas. All mobile vending carts, trailers, or vehicles must be removed from
public property during non -vending hours. If a Special Event Permit is sought,
the City may make an exception to the usual hours of operation.
3) Any public safety officer or city licensing officer shall be authorized to enforce this
ordinance.
4) Unless positioned on a designated Identified Vending Location, a mobile vending
cart, trailer, or vehicle shall not be located:
a) Where clear pedestrian passage on the public sidewalk is less than five feet
wide;
b) Within a midblock crosswalk area;
c) On the portion of a public sidewalk crossed by a public or private driveway or
within ten feet of either side of the
driveway;
d) Within any street corner area.
e) For purposes of this section:
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"Midblock crosswalk area" means the sidewalk area which falls between
the two lines fifteen feet beyond each side of a marked midblock crosswalk
area (identified by the crosswalk lines delineated on the street pavement)
and perpendicular to the curb.
ii. "Street Corner Area" means the sidewalk area at the intersection of two
streets, circumscribed by curbs, the property lines abutting the sidewalk
area, and the line including the point along the curb of the street either
fifteen feet from the outside line of a corner crosswalk or where there is no
marked crosswalk, twenty-five feet from the curb line on the mid -point of
the intersecting streets.
f) Within five (5) feet from a perpendicular line drawn to the curb from either
side of a doorway;
g) In a manner in which the movement or visibility of vehicles using the street or
other public right-of-way is obstructed.
5) Unless otherwise provided, mobile vending carts, trailers, or vehicles shall not be
placed within fifty (50) feet of another mobile vending cart, trailer, vehicle, or
Identified Vending Location.
6) Mobile vending carts, trailers, or vehicles shall not be locked or chained to a
parking meter, tree, street light or other street furniture.
7) Mobile vending carts, trailers, and vehicles shall not be left unattended on city
streets or sidewalks for more than fifteen (15) consecutive minutes.
8) Utility service connections are not permitted on city facilities including street light
unless authorized by the city. Electrical lines are not allowed overhead or lying in
the pedestrian portion of the sidewalk.
9) Vendors, solicitors, and temporary merchants shall keep the area of operation free
of debris. Vendors selling food or beverages 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 accumulating within twenty (20) feet of
any mobile vending cart, trailer or vehicle shall be cleaned and collected by the
vendor and deposited in the vendor's trash receptacle. The vendor is prohibited
from depositing its waste, ice, and any grey or waste water into sidewalk waste
receptacles, privately owned dumpster, City planters, gutters or the street drainage
system.
10) Mobile vending carts, trailers, or vehicles shall be maintained in such a manner that
prevents the spilling or splattering of grease, water, food, or trash on any public
right-of-way where the cart, trailer or vehicle is located. The cart, trailer, or vehicle
owner shall be responsible for the cleaning and repair of any public right-of-way
soiled, stained, or damaged by the placement and operation of their mobile
vending operations.
Location Restrictions
o license or registration hereunder shall have any exclusive right to any location in a
iblic street, nor shall he be permitted to operate in any congested area where his
5erations might impede or inconvenience the public. For the purpose of this ordinance,
e judgment of a police officer, exercised in good faith, shall be deemed conclusive as to
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the area is congested or the public impeded or inconvenienced. No business
shall be carried on in any area of the City by any or registration that is licensed or
�d pursuant to this ordinance, where such business activity is prohibited or violates
> as established by the City of Rexburg Development Code.
Street Vending Restrictions
addition to the restrictions and qualifications contained in this chapter, street vendors
additionally subject to the following restrictions:
1) Parking Restrictions. Vendor trailer or vehicles must at all times be parked in a
legal manner. Vending operations shall be conducted only to pedestrians on
sidewalks. No service to the public shall be made from the street side of the
vehicles(s).
2) "Open for Business" Sign. To differentiate between vending trailers or vehicles
that are merely legally parked on the street from those that are actively engaged in
vending operations, any street vending cart, trailer, or vehicle must place an "open
for business" sign on the cart, trailer, or vehicle in a conspicuous manner when the
vending operations are open for business. Conversely, this sign must be taken
down when vending operations have ceased.
Additional restrictions within Commercial Business Districts including
and Mixed Use Zones:
1) In addition to the restrictions contained in this chapter, all vendors, solicitors, and
temporary merchants must comply with the following restrictions in order to vend
in the Commercial Business District (Commercial Zones) unless exempted by a
special events pemzit:
a) Sidewalk vending restrictions in Commercial Zones.
Street vending is prohibited if it impedes pedestrian or vehicular traffic.
The City Clerk may require a vehicular traffic impact assessment if traffic
congestion becomes an issue.
u. Sidewalk Vending: Mobile vending carts and trailers are prohibited from
selling within non -approved areas including residential areas. Approved
mobile vending areas are designated by resolution and they are displayed
on the city's zoning map; otherwise all approved locations can be obtained
at the City Clerk's office at 35 North 1" East, Rexburg Id. 83440.
iii. Determining Identified Vending Locations (rVLs). The Office of the City
Clerk will identify locations that are compatible with the public interest in
the use of the sidewalk areas as public right-of-way. The Office of the City
Clerk shall accept applications for review and approval.
iv. IVLs are available on a first come, first serve basis.
2) Only one vending cart may occupy an IVL at one time.
3) Anytime a mobile vending cart occupies an IVL it must be open for business, and
the vendor may not leave the cart unattended for greater than fifteen consecutive
15
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minutes. A mobile vending cart occupying an IVL that is unable to conduct
business shall be removed after fifteen (15) minutes.
4) Beginning at seven (7) a.m. the fust properly license or registration mobile vendor
that positions his or her cart over the IVL may maintain that position until eleven
(11) p.m. as designated by the City Clerk, or except as provided herein.
a) Any 1VL which is designated as a 'Restricted IVL" by Administrative Order of
the City Clerk shall be prohibited from use by all vendors, solicitors, and
temporary merchants unless a special event has been scheduled at the
"Restricted IVL" location the by the City.
b) No person shall use a mobile vending cart while engaged in sidewalk vending
within the Commercial Zones without displaying thereon, in a conspicuous
manner, all applicable license or registrations and permits.
Unlawful to Conduct:
1) No license or registration hereunder shall:
a) Make physical contact with the person being solicited unless that person's
permission is obtained;
b) Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;
c) Fail to comply with any of the requirements and restrictions set forth in this
ordinance;
d) 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;
e) Represent the issuance of any license or registration under this ordinance as an
endorsement or recommendation of the solicitation;
Enter upon any premises when the same is posted with a sign stating "No
Peddlers Allowed" or other words to such effect;
g) Knowingly make any false statement on an application for a license or
registration or registration hereunder;
h) Fraud, misrepresentation or false statement made in the course of carrying on
the business.
Enforcement
shall be the duty of any police office of the City to enforce this ordinance. The Chief of
)lice shall report to the City Clerk all violations of this ordinance.
Renewals
or registrations which are not renewed for a minimum of any six (6) quarters
the two (2) year period from the date of the original issue shall be, upon application
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renewal, treated as an original application.
Expiration of License or Registration
license or registrations issued under the provisions of this ordinance shall expire on the
specified in the permit. No shall be issued for a period longer than one (1) year.
Penalty
person, business, firm, company or corporation who shall violate any of the
visions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be
ished by a fine not to exceed three hundred dollars ($300.00), or by imprisonment in
county .jail for a period not to exceed thirty (30) days or both such fine and
risonment. Each day or violation continued shall be separate offenses, punishable as
:in above described.
Severance Clause
provisions of this ordinance are declared to be severable if any section, sentence,
;e, or phrase of this ordinance shall not affect the validity of the temaining sections,
�nces, clauses and phrases of this ordinance but they shall remain in effect, it being the
lative intent that his ordinance shall stand notwithstanding the invalidity of any part.
Cancellation of sale
ie buyer shall have the right to cancel the door-to-door sale within three business days.
business day is any calendar day except Sunday, or the following holidays New Year's
ay, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus
ay, Veterans' Day, Thanksgiving Day and Christmas Day.
Suspension
person or business in violation of any portion of this ordinance or of the Rexburg
Code shall have their rights to engage in business within the City of Rexburg
ordinance will take effect and be in full force and effect from and after its passage,
oval and due publication as provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 23`d day
June, 2010.
Richard Woodland
Mayor
ATTEST:
=L % n
Blair D. Kay, City Clerk
17
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REXBURG
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4 —u Ic Pani) C mmvmty
STATE OF IDAHO)
: ss.
County of Madison )
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the
above and foregoing is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE REPEALING ORDINANCE NO 709; AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; DEFINING MOBILE VENDOR, TEMPORARY VENDOR,
AND SEASONAL VENDOR; ESTABLISING DESIGN REVIEW
PROCESSES AND STANDARDS FOR TEMPORARY AND SEASONAL
VENDOR USES; REGULATING BUSINESSES BY REQUIRING A
BUSINESS REGISTRATION OR LICENSE FOR THE OPERATION OF
BUSINESSES WITHIN THE CITY OF REXBURG, IDAHO; AND
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE AND FOR SEVERABILITY; AND PROVIDING WHEN
SAID ORDINANCE SHALL TAKE EFFECT.
Passed by the City Council and approved by the Mayor this 23`d day of juae, 2010.
��PORAP��
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Rexburg Municipal Code
Page 18 of 18
Blazr D. Kay, City Clerk
EES
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REXBURG
Amaritrs tbrray Gon rng xty
SUMMARY OF BUSINESS REGISTRATIONS INCLUDING
NON -PERMANENT VENDOR REGULATIONS
BILL NO. 1029
AN ORDINANCE REPEALING ORDINANCE NO 709; AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
THEREWITH; DEFINING MOBILE VENDOR, TEMPORARY VENDOR,
AND SEASONAL VENDOR; ESTABLISING DESIGN REVIEW
PROCESSES AND STANDARDS FOR TEMPORARY AND SEASONAL
VENDOR USES; REGULATING BUSINESSES BY REQUIRING A
BUSINESS REGISTRATION OR LICENSE FOR THE OPERATION OF
BUSINESSES WITHIN THE CITY OF REXBURG, IDAHO; AND
PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE AND FOR SEVERABILITY; AND PROVIDING WHEN
SAID ORDINANCE SHALL TAKE EFFECT.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
CIL OF THE CITY OF REXBURG, THAT THE FOLLOWING SECTIONS
,. AND HEREBY ARE ADOPTED AS AN ORDINANCE OF THE CITY OF
Sections:
6.01.010 Scope
6.01.020 License or Registration required
6.01.030 Exceptions
6.01.040 Definitions
6.01.050 Types of fees
6.01.060 License or registration fees
6.01.070 Fee payment required
6.01.080 Application
6.01.090 Investigation
6.01.100 Term of license or registration
6.01.110 Administrative appeals
6.01.120 Recordkeeping
6.01.130 Number limitations
6.01.140 Duty to issue
6.01.150 Fire extinguishers
6.01.160 Inspections
6.01.170 Alternative methods
6.01.180 Fake repairs prohibited
6.01.190 Violation — Penalty
6.01.200 Bond Requirement
6.01.210 Exhibition of License or Registration
6.01.220 Mobile Vending Cart, Trailer, and Vehicle standards
6.01.230 General Restrictions
6.01.240 Location Restrictions
6.01.250 Street Vending Restrictions
6.01.260 Commercial Business District Restrictions
6.01.270 Unlawful to Conduct
6.01.280 Enforcement
6.01.290 Renewals
6.01.300 Expiration of License or Registration
6.01.310 Penalty
(0
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6.01.320 Severance Clause
6.01.330 Cancellation of sale
6.01.340 Suspension
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 23" day
of june, 2010.
Richard Woo nd
Mayor
ATTEST:
Blair D �ap, City Clerk
.11000t11111D Y/" -
Code Section 6.01
STATEMENT OF
REXBURG CITY ATTORNEY
AS TO ADEQUACY OF SUMMARY
OF ORDINANCE 1028
Stephen Zollinger, City Attorney for the City of Rexburg, declares that in his capacity as City
Attorney of the City of Rexburg, pursuant to Idaho Code Section 50-901A(3) of the Idaho
Code as amended, hereby certifies that he has reviewed a copy of the above cited Summary
of Ordinance and has found the same to be true and complete and provides adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 1029.
DATED this 29�' day of June, 2010.
4�Stephe P. Zollinger
Rexburg City Attorney
2