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07. Ordinance 1609 - Vending Ordinance Amendments - 1st ReadingCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903- I997 Telephone (406)758-7700 Fax (406)758--7758 REPORT TO: Honorable Mayor and City Council FROM: Mike Baker, Director, Parks and Recreation James H. Patrick, City Manager SUBJECT: ordinance No. 1609 — Vending MEETING DATE: May 21, 2007 BACKGROUND: In May of 2003, Ordinance No. 1455 was established repealing the existing language of Kalispell City Ordinance 15-12 entitled "Traveling Merchant or Peddler" and replacing it with language to regulate vending on public ways and declaring an effective date. At this time it is prudent to update the ordinance by adding language that will address commercial services on public ways and expand beyond the current ordinance regulating vending of goods. Currently the public is requesting the use of parks and facilities for a variety of commercial uses such as training, camps, fundraising events, etc., and it is important to recognize both the need for the permit and the necessary liability insurance required from the applicant. Added language is highlighted in the attached ordinance. RECOMMENDATION: Recommendation to Council to adopt ordinance with proposed revisions. FISCAL EFFECTS: Slight increase in revenue expected ($50 per permit annually). ALTERNATIVES: None at this time. Respectively submitted, Mike Baker Director, Parks and Recreation i J 4des H. Patrick City Manager ORDINANCE NO.1609 AN ORDINANCE AMENDING ORDINANCE NO. 1455 AND KALISPELL CITY CODE 15-12-19 15-12-3, 15-12-5 AND 15-12-6 R.EGARDING AUTHORIZED VENDING WITHIN THE CITY OF KALISPELL AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALISPELL, MONTANA, AS FOLLOWS: SECTION 1: That portion of Kalispell City Code 15-12-1 shall be and hereby is amended to read as follows: DEFINITIONS: GOODS,. WARES, MERCHANDISE, SERVICES: Shall include, but not be limited to, fruits, vegetables, farm products or provisions, dairy products, fish, game, poultry, meat, plants, flowers, appliances, wearing apparel, jewelry, ornaments, artwork, Cosmetics and beauty aids, health products, medicines, household needs or furnishings, food of any kind, whether or not for immediate consumption, confections or drinks cams trainindraisin ar an time the public or clients are invited to an event u on cit ro ert or ri ht-ofwvva sponsored by or ut on b a rau or anizatian or individual. SECTION Z: That portion of Kalispell City Code 15-12-3 shall be and hereby is amended to read as follows: G . A copy of a licant's insurance desi atin the City of Kalispell as an additional named insured for liabilitv ourposes at such limits as may be required by the City. SECTION 3: That portion of Kalispell City Code 15-12-5 shall be and hereby is amended to read as follows: B. Each permit shall show the name and address of the permittee, the type of permit issued, the location of permitted use, the kind of goods to be sold, the amount of the permit fee, the date of issuance, the permit number, an identifying description of any vehicle or conveyance used by the permittee, a co of their liabilltv insurance designatina the City.of Kalispell as an additional named insured plus, where applicable, the motor vehicle registration number. Each permit shall also show the expiration date of the permit which is issued by the city. SECTION 4: That portion of Kalispell City Code 15 W 1 2-6 shall be and hereby is amended to read as follows: AUTHORIZED VENDING ZONES: Except for special events, or otherwise authorized by this code, vendors may only sell goods, Wares or merchandise or services within the Kalispell city parks at those locations specifically allowed by the permit that is issued. SECTION 5: This Ordinance shall be effective thirty (30) days from and after the date of its final passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR THIS 21ST DAY OF MAY, 2007. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk