HomeMy WebLinkAboutOrd No 1256 Business License Ord 1029 Amendment - Mobile VendorsInstrument # "6902
REXBURG, MADISON, IDAHO
1-14-2022 01:47:07 PM No. of Pages: 13
Recorded for : CITY OF REXBURG
KIM Ex-f0cio H. Fee: GOO
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C I T Y OF
REXBURG
Amerirde Family Community
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 4`" — 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.
2. 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.
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.
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:
1. Any sales under court order;
2. A bona fide auction sale;
3. 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;
4. The sale of farm or garden products by the person producing the same;
5. The sale of a newspaper subscription in which the seller is a person engaged in both
the delivery and sale of the newspaper;
6. 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;
7. 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;
8. Any political group seeking funds or membership;
9. 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;
10. 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 (50W organitiations- this
ineludes the Farmer's Market);
11. 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;
12. Any activity conducted pursuant to a Special Events Permit (Public Gathering
Permit);
13. Any business where the proprietor is a minor, and where sales do not exceed $10,000
annually (Idaho 515-5409a).
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:
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: streets within commercial and industrial zones on streets
designated as non -arterial an identified on the Mobile Vendor Map.
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.
Cleric means the City Clerk. The licensing or registration officer of the City of
Rexburg.
8. Dangerous: means not safe. See "safe."
9. License or registration appeal: means an appeal in accordance with city ordinances
relating to license or registration appeals.
10. 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.
11. Minor or minor child: has the same meaning as child. See "child."
12. Mobile Vending Court: an area that consists of four (4) or more vendors in an
open-air location with designated stalls or areas.
13. Mobile Vending Pushcart: a moveable pushcart that is operated by a vendor
standing on the sidewalk or street.
14. Mobile Vending Structure: a temporary approved structure for mobile vending.
15. Mobile Vending Trailer: A mobile trailer operated by a vendor standing on or
within the frame of the trailer.
16. 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.
17. Parking: As defined in the Rexburg Development Code.
18. Person: means an individual or a corporation, firm, partnership, association or
business entity.
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. 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.
23. 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.
24. Temporary: is defined as six months or less.
25. 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".
26. Mobile Vendor: a business exhibiting goods or services with the City of Rexburg
from a mobile vending vehicle, mobile vending trailer, or mobile structure.
1. Mobile Vendor Locations:
a. Mobile Court Vendor: a mobile vendor on private property.
b. Pushcart Vendor: a daily mobile vendor, vending from a mobile
pushcart to persons on the designated public right-of-way.
c. Street Vendor: a daily mobile vendor in a designated parallel parking
stall selling only to persons or pedestrians on the sidewalk.
27. Mobile Vendor Operation Times:
1. 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.
a. 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.
2. 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.
3. 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:
1. License or Registration Fee: a license or registration fee, paid by the operator of
the business for the issuance of the license or registration;
2. Inspection Fee: a nonrefundable safety inspection fee for mobile
vehicles/structures or life safety inspections for short-term rentals;
3. 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;
4. 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.
COL0N 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.OL070 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.
6.01080 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.
5. 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.
6. 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.
7. 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.
8. 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.
6.01.90 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.
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 by resolution and listed on the City's Master
Fee List;
ii. For an investigation outside the State of Idaho, an amount established by
Gel
the Rexburg City Council by resolution and listed on the City's Master
Fee List;
b. If the applicant, his employer, or a person authorized to solicit on its behalf
has been convicted of any crone, 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.
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.
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.
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 alterative 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.OL170 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.
2. 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.
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) or other amount as
may be established by resolution of the City Council.
b. 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.
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 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 I ` East during regular business hours.
d. 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.
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.
f. 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.
6.01.210 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 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.
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.
6.01.220 Mobile Vending Can, Trailer, and Vehicle standards
See the Development Code f9.04.030 General Requirements
6.01.230 General Restrictions
Vendors, solicitors, and temporary merchants are subject to the following restrictions:
1. 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.
2. 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.
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 in areas that may impede pedestrian or
vehicle traffic; See Development Code §9.04.030(H) Location for further
mquimmenta.
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. 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
10
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:
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. Street Vending Locations. See Development Code §9.04.050(E).
6.01.260 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; Misrepresent the purpose of, or affiliation of those
engaged in, the solicitation;
b. Fail to comply with any of the requirements and restrictions set forth in this
ordinance;
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;
d. Represent the issuance of any license or registration under this ordinance as an
endorsement or recommendation of the solicitation;
C. Enter upon any premises when the same is posted with a sign stating "No
Peddlers Allowed" or other words to such effect;
f Knowingly make any false statement on an application for a license or
registration or registration hereunder;
g. Fraud, misrepresentation or false statement made in the course of carrying on
the business.
i.01.270 Beer and Wine Catering Permits
klcohol beverage catering permits for a single party or convention may be obtained from the
-ity of Rexburg by any person holding an Idaho Retail Beer and/or Wine License to serve
ind sell beer and/or wine by the drink at a party or convention not to exceed five (5)
:onsecutive days in accordance with Idaho Code g23-934A. A filing fee in the amount of
620.00 per day, or such other amount as may be established by resolution of the City
-ouncil, for each permit (beer or wine) shall be paid to the City of Rexburg and is
ionrefundable.
i.OL280 Enforcement
,ny public safety officer or city licensing officer of the City shall be authorized to enforce
his ordinance. The Chief of Police shall report to the City Clerk all violations of this
)rdmance.
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6.OL290 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.OL320 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, ]uneteenth, Independence Day, Labor
Day, Columbus Day, Veterans' Day, Thanksgiving Day and Christmas Day.
6.OL340 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 5°i day of
January, 2022.
...
L�oltftr�`,
xry M , MJyor
ATTEST:
Deborah Lovejoy, City Clerk
STATE OF IDAHO)
)ss.
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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 5' day of
January, 2022.
De orate Lovejoy, City Clerk
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