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