4. Vending OrdinanceCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Chris Kukulski, City Manager
wsrlr'112�1 �
Tel 406.758.7708
Fax 406.758.7771
charball@kalispeU.COM
BACKGROUND: The issue has been raised by the staff at the Chamber of Commerce as
to the requirements the City has for food vendors (e.g. food carts, roach coaches)who may
be able to serve the needs of the spectators at parades and other outdoor City functions. We
currently have the following ordinance on the books from 1947:
15,12: TRAVELING MERCHANT OR PEDDLER: Every peddler or person
who carries goods, wares or merchandise with him in any manner, and vends
the same, or takes orders for the same, or takes orders for any merchandise,
by traveling from house to house in the City, must pay a license fee of six
hundred dollars ($600.00) per quarter, or fifteen dollars ($15.00) per day;
and every merchant who travels from place to place and is not included in the
above provision and sells or vends goods, wares or merchandise, or by taking
orders therefor in temporary quarters, shall pay a license fee of seven hundred
fifty dollars ($750.00) per quarter, but any person who sells or takes orders
for the sale of agricultural products raised by himself, or any article
manufactured by himself in the County is not included within the provision of
this Section. (R.O. 1947 § 867)
It may be a concern that this ordinance raises such a threshold to entry into such a
business venture that we are discouraging the enterprise altogether. It may be advisable,
therefore to rescind the ordinance and look to adopting another ordinance if we wish to
address the issue of door to door salespersons.
RECOMMENDATION: That we discuss the ordinance to determine if further action
should be taken.
Vending Ordinance
April 23, 2003
Page - 2
FISCAL EFFECTS: There may be some minor fiscal effects depending upon the
determination of Council.
Respectfully submitted,
Charles Harball City Attorney
Chris Kukulski, City Manager