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HomeMy WebLinkAboutOrd 1256 Business Registrations Amendment to Ord 1029 and 707 / ORDINANCE NO. 1256 AN ORDINANCE AMENDING ORDINANCE NO 1029 AND ORDINANCE NO 707; AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; DEFINING MOBILE VENDORS AS DAILY VENDORS, PRIVATE PROPERTY VENDORS, OR TEMPORARY VENDORS; DEFINING MOBILE VENDOR VEHICLES OR STRUCTURES; DEFINING MOBILE VENDING COURTS; CLARIFYING SOLICITOR DEFINITION AS DOOR TO DOOR SALES; ESTABLISHING AN INSPECTION FEE FOR MOBILE VEHICLES OR STRUCTURES; REQUIRING BEER AND WINE CATERING PERMITS TO SERVE ALCOHOL AT A PARTY OR CONVENTION 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 not currently clearly apply to the premises of a new business when no building permit is applied for, and WHEREAS, temporary businesses and associated temporary structures, vehicles or trailers may negatively impact pedestrian and vehicular safety, and a zoning district’s intended character and appearance, and WHEREAS, such impacts are likely to increase with the length of time temporary uses and temporary structures are present, with extremely mobile businesses of resultantly low concern, and WHEREAS, a distinction has been observed between businesses operating on a temporary basis of around fourteen days – around events such as July 4th – and businesses operating on a seasonal basis – usually within four or six months centered on the Summer season, and businesses operating on a full time basis on private property, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY 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 Number limitations 6.01.130 Duty to issue 6.01.140 Fire extinguishers 6.01.150 Inspections 6.01.160 Alternative methods 6.01.170 Fake repairs prohibited 6.01.180 Violation – Penalty 6.01.190 Bond Requirement 6.01.200 Bond Requirements for non –peddler, solicitor, or canvasser 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 Requirements 6.01.260 Unlawful to Conduct 6.01.270 Beer and Wine Catering Permits 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 6.01.010 Scope 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. The purpose of this chapter is to provide for the issue or renewal of licenses or registrations for any business by the city and their license or registration fees, investigation fees, or processing fees. The City Council shall modify or update the city fees by resolution as needed. 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. 6.01.020 License or Registration required Registration is required for all businesses, including professional services. No fees shall be charged unless they are delineated on the City’s master fee list. It shall be unlawful for any vendor, solicitor, or temporary merchant, as the same are herein defined, to engage in such business or to employ another in such business within the corporate limits of the City without first obtaining a license or registration from the City Clerk's Office in compliance with the provisions of this Chapter. All vendors, solicitors, or temporary merchants must meet all applicable city, state, and federal law and licensing requirements including District Seven Health Department Regulations and Requirements, before a registration or license is issued. The applicant must continually maintain a City issued license or registration. 6.01.030 Exceptions The provisions of this Chapter shall not apply to: Any sales under court order; A bona fide auction sale; 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; The sale of farm or garden products by the person producing the same; The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper; Contribution solicitation where the person being solicited to contribute personally knows the identity of the person soliciting the contribution, the name of the group or organization they represent, and the nature of the services performed or offered by the group or organization; 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; Any political group seeking funds or membership; Garage, yard, or similar sales by individuals at their residence or place of business not exceeding fourteen (14) 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; 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 (501c3 organizations- this includes the Farmer’s Market); A sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location in Madison County where goods or services are offered or exhibited for sale; Any activity conducted pursuant to a Special Events Permit (Public Gathering Permit); Any business where the proprietor is a minor, and where sales do not exceed $10,000 annually (Idaho §15-5-409a). 6.01.040 Definitions As used in this chapter and in any ordinance regulating business or requiring a license or registration for the operation of a business, the following terms shall have the following meanings, except where the context clearly indicates that a different meaning is intended and except where an ordinance concerning a particular business contains a specific provision to the contrary: Adult: means any person eighteen years of age or older. 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. Business District: streets within commercial and industrial zones on streets designated as non-arterial an identified on the Mobile Vendor Map. 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. City: means the city of Rexburg, Idaho. 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. Clerk: means the City Clerk. The licensing or registration officer of the City of Rexburg. Dangerous: means not safe. See "safe.” License or registration appeal: means an appeal in accordance with city ordinances relating to license or registration appeals. 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 1st to December 31st of the following year. Minor or minor child: has the same meaning as child. See "child.” Mobile Vending Court: an area that consists of four (4) or more vendors in an open-air location with designated stalls or areas. Mobile Vending Pushcart: a moveable pushcart that is operated by a vendor standing on the sidewalk or street. Mobile Vending Structure: a temporary approved structure for mobile vending. Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or within the frame of the trailer. Mobile Vending Vehicle: A self-contained motorized vehicle operated by a vendor standing on or within the frame of the vehicle, which is capable of moving under its own power. Parking: As defined in the Rexburg Development Code. Person: means an individual or a corporation, firm, partnership, association or business entity. Public Safety Officer: is defined as a city licensing officer, fire fighter, police officer, and meter monitor. 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. 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. 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, making appeals at residences, as when selling or canvassing (door to door sales), and attempting to take, in person, 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, 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. Requires a Public Gathering Permit. Temporary: is defined as six months or less. Vendor: 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 from his or her person. The word vendor shall include the word “hauler”, “huckster”, and “peddler”. Mobile Vendor: a business exhibiting goods or services with the City of Rexburg from a mobile vending vehicle, mobile vending trailer, or mobile structure. Mobile Vendor Locations: Mobile Court Vendor: a mobile vendor on private property. Pushcart Vendor: a daily mobile vendor, vending from a mobile pushcart to persons on the designated public right-of-way. Street Vendor: a daily mobile vendor in a designated parallel parking stall selling only to persons or pedestrians on the sidewalk. Mobile Vendor Operation Times: Daily Vendor: a business exhibiting goods or services with the City of Rexburg from a temporary or mobile structure or vehicle, or in a similar manner for not more than eighteen (18) hours in twenty-four (24) hours on any one site. Special Events: hours of operation may be amended with approval of a Public Gathering Permit allowing setup and take down to occur one hour before and after the stated times. Private Property Vendor: a business exhibiting goods or services within the City of Rexburg from a temporary or mobile structure or vehicle, or in a similar manner on private property for greater that fourteen (14) days in a calendar year. Temporary Vendor: a business exhibiting foods or services with the City of Rexburg from a temporary or mobile structure or vehicle or in a similar manner for less that fourteen (14) days in a calendar year. 6.01.050 Types of fees The following are the types of fees that are covered by this chapter: License or Registration Fee: a license or registration fee, paid by the operator of the business for the issuance of the license or registration; Inspection Fee: a nonrefundable safety inspection fee for mobile vehicles/structures or life safety inspections for short-term rentals; Investigation Fee: 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; Processing Fee: 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. 6.01.060 License or registration fees Business license or registration fees shall be reviewed annually and any changes shall be made by resolution of the City Council. Any license or registration fee that is not on the City’s Master Fee List shall have fees set by the mayor and city council in each individual situation. The non-refundable license or registration fee, in an amount established by the Rexburg City Council and listed on the City’s Master Fee List, shall be paid in advance. 6.01.070 Fee payment required No person shall operate any business for which a license or registration fee is established by this chapter until and unless the license or registration fee has been paid on behalf of that business. No business license or registration shall be issued until after the payment of the fee required by this chapter. No license or registration shall be issued until any applicable investigation fee or processing fee has been paid. All license or registration fees, investigation fees and processing fees shall be paid to the city treasurer. To the extent permitted by the budget, investigation fees and processing fees may be spent on behalf of the offices or departments actually making the investigations or processing the applications in question. 6.01.080 Application 1. Issuance: Applicants for a business license or registration under the provisions of this ordinance must file with the City Clerk an application, furnished by the City Clerk, which shall contain such information as the Clerk shall request. 2. When the applicant proposes to vend 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; 3. No license or registration issued hereunder shall be transferable. 4. 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. 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. 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. 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. 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 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 allegation, 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. 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: For an investigation within the State of Idaho, an amount established by the Rexburg City Council by resolution and listed on the City’s Master Fee List; For an investigation outside the State of Idaho, an amount established by the Rexburg City Council by resolution and listed on the City’s Master Fee List; 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. 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. 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. 6.01.100 Term of license or registration 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. 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. 6.01.110 Administrative appeals Any person aggrieved by any decision relating to the issuance of a license or registration may file an administrative appeal in the manner provided by ordinance. 6.01.120 Number limitations In the absence of a specific provision to the contrary, no ordinance is to be interpreted as limiting the number of license or registration that may be issued or as limiting the number of business enterprises of any particular kind that may be operated in the city. No city officer or employee may refuse to issue a license or registration because of the officer or employee's belief that there is enough of a particular type of business in the city already. 6.01.130 Duty to issue No city ordinance relating to business license or registration shall be interpreted as granting or attempting to grant to any city officer or employee any discretionary authority to issue a license or registration to refuse to issue a business license or registration. License or registration shall be issued to each applicant complying with all applicable state laws and city ordinances, and license or registration shall be refused for any applicant failing to comply with all such applicable laws and ordinances. 6.01.140 Fire extinguishers Each business shall have at least one city approved fire extinguisher on the premises. This is required not only for fires that may originate in the business but also for use for any nearby fire in a vehicle or other place. All such fire extinguishers shall be kept charged and ready to use, in an accessible location known to all employees on the premises. 6.01.150 Inspections Any business in the city may be inspected by city officers and employees authorized to enforce provisions of ordinances which include building, fire, plumbing, and electrical codes relating to that business. In the absence of an emergency and in the absence of sound reasons whereby an inspection cannot be made during regular business hours, inspections shall be made during normal business hours. Immediately upon arriving at a place of business for the purpose of making an inspection, the city officer or employee making the inspection shall identify himself or herself and shall state that the purpose of the visit is to make an inspection. No person having control of any business premises shall refuse to permit a city officer or employee to enter for the purpose of making an inspection. If entry is refused, the city officer or employee shall leave and seek a search warrant or other appropriate court order, to gain entry. 6.01.160 Alternative methods When any city ordinance requires a business to use a particular procedure or material for health or safety reasons, an alternative procedure may be proposed by the person, firm or corporation operating the business. If the City Clerk finds that the alternative proposal has been proven to provide at least equal safety and at least equal protection to public health as the method or material required by ordinance, the alternative shall be approved. The burden of proof is on the person advocating the alternative. After approval of the alternative, other persons in the same business may continue to use the method authorized by the ordinance or the alternative method, at the option of the person operating the business. The city officer approving the alternative shall report the matter to the governing body of the city, for consideration of amendments to the ordinance. Any person aggrieved by a refusal to approve an alternative method or material may call the matter to the attention of the governing body of the city and request an amendment to the ordinance. 6.01.170 Fake repairs prohibited No person doing business anywhere in the city shall charge for any repair or maintenance work on any vehicle or other device or thing, unless such repair or maintenance work has in fact been done. 6.01.180 Violation – Penalty Any person, firm or corporation violating any provision of this chapter, or of any ordinance relating to licensing, shall be guilty of an infraction and upon conviction shall be punished by a fine not to exceed three hundred dollars for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. 6.01.190 Bond Requirement Every bond for those engaging in a business as a peddler or solicitor as defined in this ordinance shall be executed by the applicant as principal and at least on surety upon which service of process may be made in the state, the bond to be approved by the city attorney, conditioned that the applicant and all of the applicant’s agents and employees shall comply fully with all of the provisions of this ordinance. Before any license or registration as provided herein shall be issued for engaging in the business of peddler or solicitor, 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 or solicitor, 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. 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) or other amount as may be established by resolution of the City Council. Every business association, company or corporation, which has employees or agents acting in the capacity of peddler, solicitor or canvasser, 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) or other amount as may be established by resolution of the City Council. 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 peddler or solicitor 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. Peddlers or solicitors shall notify each customer that they are bonded and that any claim may be presented to the City Clerk at 35 North 1st East during regular business hours. Peddlers or solicitors 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. 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. 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. 6.01.200 Bond Requirements for non- peddler or solicitor. Bonding for other businesses may require bonding as deemed necessary by the City Clerk. Exhibition of License or Registration 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 or solicitors (door to door sales) 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. 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. 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. 6.01.220 Mobile Vending Cart, Trailer, and Vehicle standards See the Development Code §9.04.030 General Requirements 6.01.230 General Restrictions Vendors, solicitors, and temporary merchants are subject to the following restrictions: No vendor, hereunder shall have any exclusive right to any location in a public street or sidewalk, nor 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 Public Gathering 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. Street Vendors and Pushcart vendors shall be allowed to engage in their license or registration business only between seven (7) a.m. and (11) p.m. Sunday through Thursday and seven (7) a.m. and (12) a.m. on Friday and Saturday in designated areas defined by their vendor type. Setup can occur up to one hour before and take down can occur on hour after stated times. All mobile vending carts, trailers, or vehicles must be removed from public property during non-vending hours. If a Public Gathering Permit is sought or obtained by an Event Organizer the vendor is participating in, the City may make an exception to the usual hours of operation. Any public safety officer or city licensing officer shall be authorized to enforce this ordinance. Unless positioned on a designated Identified Vending Location, a mobile vending cart, trailer, or vehicle shall not be located in areas that may impede pedestrian or vehicle traffic; See Development Code §9.04.030(H) Location for further requirements. 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. Mobile vending carts, trailers, or vehicles shall not be locked or chained to a parking meter, tree, street light or other street furniture. Mobile vending carts, trailers, and vehicles shall not be left unattended on city streets or sidewalks for more than fifteen (15) consecutive minutes. 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. 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. Street vending carts, trailers, vehicles, or pushcarts 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. 6.01.240 Location Restrictions No license or registration hereunder shall have any exclusive right to any location in a public street, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this ordinance, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. No business activity shall be carried on in any area of the City by any or registration that is licensed or registered pursuant to this ordinance, where such business activity is prohibited or violates setbacks as established by the City of Rexburg Development Code. 6.01.250 Street Vendor Requirements In addition to the restrictions and qualifications contained in this chapter, street vendors are additionally subject to the following restrictions: 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). Street Vending Locations. See Development Code §9.04.050(E). Unlawful to Conduct: No license or registration hereunder shall: Make physical contact with the person being solicited unless that person's permission is obtained; Misrepresent the purpose of, or affiliation of those engaged in, the solicitation; Fail to comply with any of the requirements and restrictions set forth in this ordinance; 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; 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; Knowingly make any false statement on an application for a license or registration or registration hereunder; Fraud, misrepresentation or false statement made in the course of carrying on the business. 6.01.270 Beer and Wine Catering Permits Alcohol beverage catering permits for a single party or convention may be obtained from the City of Rexburg by any person holding an Idaho Retail Beer and/or Wine License to serve and sell beer and/or wine by the drink at a party or convention not to exceed five (5) consecutive days in accordance with Idaho Code §23-934A. A filing fee in the amount of $20.00 per day, or such other amount as may be established by resolution of the City Council, for each permit (beer or wine) shall be paid to the City of Rexburg and is nonrefundable. 6.01.280 Enforcement Any public safety officer or city licensing officer of the City shall be authorized to enforce this ordinance. The Chief of Police shall report to the City Clerk all violations of this ordinance. 6.01.290 Renewals License or registrations which are not renewed for a minimum of any six (6) quarters within the two (2) year period from the date of the original issue shall be, upon application for renewal, treated as an original application. 6.01.300 Expiration of License or Registration All license or registrations issued under the provisions of this ordinance shall expire on the date specified in the permit. No license shall be issued for a period longer than one (1) year. 6.01.310 Penalty Any person, business, firm, company or corporation who shall violate any of the provisions of this ordinance shall be guilty of an infraction and upon conviction shall be punished by a fine not to exceed three hundred dollars ($300.00). Each day or violation continued shall be separate offenses, punishable as herein above described. 6.01.320 Severance Clause The provisions of this ordinance are declared to be severable if any section, sentence, clause, or phrase of this ordinance shall not affect the validity of the remaining sections, sentences, clauses and phrases of this ordinance but they shall remain in effect, it being the legislative intent that his ordinance shall stand notwithstanding the invalidity of any part. 6.01.330 Cancellation of sale The buyer shall have the right to cancel the solicitor/door-to-door sale within three business days. A business day is any calendar day except Sunday, or the following holidays New Year's Day, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day. 6.01.340 Suspension Any person or business in violation of any portion of this ordinance or of the Rexburg City Code shall have their rights to engage in business within the City of Rexburg suspended. This ordinance will take effect and be in full force and effect from and after its passage, approval and due publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 5th day of January, 2022. ____________________________________ Jerry Merrill, Mayor (SEAL) ATTEST: ____________________________________ Deborah Lovejoy, City Clerk STATE OF IDAHO) )ss. County of Madison ) I, DEBORAH LOVEJOY, 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 AMENDING ORDINANCE NO 1029 AND ORDINANCE NO 707; AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; DEFINING MOBILE VENDORS AS DAILY VENDORS, PRIVATE PROPERTY VENDORS, OR TEMPORARY VENDORS; DEFINING MOBILE VENDOR VEHICLES OR STRUCTURES; DEFINING MOBILE VENDING COURTS; CLARIFYING SOLICITOR DEFINITION AS DOOR TO DOOR SALES; ESTABLISHING AN INSPECTION FEE FOR MOBILE VEHICLES OR STRUCTURES; REQUIRING BEER AND WINE CATERING PERMITS TO SERVE ALCOHOL AT A PARTY OR CONVENTION 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 5th day of January, 2022. ________________________________ Deborah Lovejoy, City Clerk (SEAL)