05. Ordinance 1455 - Vending Ordinance - 2nd ReadingCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
TO:
FROM:
SUBJECT:
MEETING DATE:
13105MM016141uy,
Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
BACKGROUND: Ordinance 1455 has been drafted to allow vending at special
events, such as parades, for a permit fee of $ 10.00 per day and on an annual basis, within
City Parks only, for a permit fee of $50.00. Certain regulations have been provided within
the ordinance to assure that vending activity will be an attractive addition to the public wa
of the City rather than a nuisance. Council passed Ordinance 1455 on first reading on Ma
5,2003. 11
RECOMMENDATION: That Council consider and pass the ordinance if it is deemed in
the best interests of the City.
FISCAL EFFECTS: Minimal
Charles Harl?ah City Attorney Chris Kukulski, City Manager
ORDINANCE NO. 1455
AN ORDINANCE 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.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS
FOLLOWS:
SECTION 1 The existing language of Section 15-12 of Kalispell City Code entitled "Traveling
Merchant or Peddler" is hereby repealed and shall be and is hereby replaced with the title "Vendors
on the Public Way" with the following terms.
SECTION 2 Definitions.
When used in this Ordinance, the following words, terms, and phrases, and their derivations, shall
have the meanings ascribed to them in this Section, except where the context clearly indicates a
different meaning:
(a) Goods, wares, merchandise 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, art work, cosmetics and beauty aids, health products, medicines,
household needs or furnishings, food of any kind, whether or not for immediate consumption,
confections or drinks.
(b) Public way means all areas legally open to public use such as public streets, sidewalks,
roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately
adjacent to public buildings.
(c) Special event means any occasion including but not limited to fairs, shows, parades,
exhibitions, city-wide celebrations, and festivals taking place within a specifically defined area of the
City of for a period of time not to exceed three days.
(d) Vendor means any person, traveling by foot, wagon, vehicle or any other type of conveyance
from street to street carrying, conveying or transporting goods, wares or merchandise and offering
and exposing them for sale, or making sales and delivering articles to purchasers; or who, without
traveling from place to place, exhibits, displays, sells or offers for sale such products from a wagon,
handcart, pushcart, motor vehicle, conveyance or from his person while on the public ways of the
City of Kalispell. A "vendor" also includes any street vendor, hawker, huckster, itinerant merchant
or transient vendor. This definition does not include a door-to-door peddler or solicitor.
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SECTION 3 Permit Required.
It shall be unlawful for any person to engage in the business of vending upon the public way unless
he has first obtained a permit from the City of Kalispell Parks Department.
SECTION 4 Application for Permit.
The application for a vending permit shall contain all information relevant and necessary to
determine whether a particular permit may be issued, including but not limited to:
(a) The applicant's full name, current address, telephone number and proof of identity;
(b) A brief description of the nature, character and quality of goods, wares or merchandise to be
offered for sale;
(c) The specific location, if any, in which the vendor intends to conduct business;
(d) If the applicant is employed by name and address of the person, firm, organization, company
or corporation; another, the association,
(e) If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle
registration number and permit number;
(f) A complete listing of any other permits or permits issued to the applicant by the City within
the five (5) years immediately preceding the date of the application.
SECTION 5 Health Inspection Certificate.
Any application for a vending permit to engage in the sale of food or beverages shall also be referred
to the Flathead County Health Department for approval and issuance of a certificate of health
inspection in addition to the regular vending permit. The applicant's equipment shall be subject to
inspections by the Health Department at the time of application and at periodic intervals thereafter.
SECTION 6 Issuance of Permit.
(a) The applicant shall be notified in writing by the Parks Department Director of the City's
decision to issue or deny the vending permit not later than five (5) days after the applicant has filed a
completed application with the Department.
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(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 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 7 Authorized Vending Zones
Except for special events, or otherwise authorized by the Kalispell City Code, vendors may only sell
goods, wares or merchandise within the Kalispell City Parks at those locations specifically allowed
by the permit that is issued.
SECTION 8 Special Events.
Any vendor wishing to conduct business at a special event only shall apply to the City of Kalispell
Parks Department for a temporary vending permit. Application for such a permit must be made at
least ten days prior to the beginning of the event for which the permit is sought. The permit shall be
valid only for the duration of the special event. Any vendor to whom a temporary permit is granted
shall be subject to the same operating regulations as all other vendors, except where otherwise
specified
SECTION 9 Permit Fees.
Any vendor granted a vending permit under this Ordinance shall pay an annual permit fee of FIFTY
($50.00) DOLLARS. Fees for a special event permit shall be TEN ($10.00) DOLLARS per day.
SECTION 10 Removal of Vending Equipment.
No vending station, conveyance or other item related to the operation of a vending business shall be
located on any city sidewalk or other public way during non -vending hours. Nor shall any vehicle be
parked, stored or left overnight other than in a lawful parking place.
SECTION 11 Littering and Trash Removal.
(a) Vendors shall keep the sidewalks, roadways and other spaces adjacent to their vending sites
or locations clean and free of paper, peelings and refuse of any kind generated from the operation of
their businesses. All trash or debris accumulating within twenty (20) feet of any vending stand shall
be collected by the vendor and deposited in a trash container.
(b) Persons engaged in food vending shall affix to their vending station, vehicle, pushcart or
other conveyance a receptacle for litter that shall be maintained and emptied regularly and marked as
being for litter.
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SECTION 12 Prohibited Conduct.
No person authorized to engage in the business of vending under this Ordinance shall do any of the
following:
(a) Unduly obstruct pedestrian or motor vehicle traffic flow.
(b) Obstruct traffic signals or regulatory signs.
(c) Stop, stand or park any vehicle, pushcart or any other conveyance upon any street for the
purpose of selling during the hours when parking, stopping and standing have been prohibited by
signs or curb markings.
(d) Leave any conveyance unattended at any time or store, park, or leave such conveyance in a
public space overnight.
(e) Use any conveyance that when fully loaded with merchandise, cannot be easily moved and
maintained under control by the permite, his employee, or an attendant.
(f) Sound any device that produces a loud and raucous noise or operate any loudspeaker, public
address system, radio, sound amplifier, or similar device to attract public attention.
(g) Conduct his business in such a way as would restrict or interfere with the ingress or egress of
the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay,
constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation
vehicles.
SECTION 13. Penalties.
The penalty for violating any provision of this Ordinance or any other applicable section of the
Kalispell City Code shall be, in addition to any other sanctions provided, a fine not exceeding five
hundred ($500.00) dollars for each offense together with revocation or suspension of the vendor's
permit or imprisonment not exceeding 180 days, or both fine and imprisonment. Each violation shall
be evidenced by a separate written notice presented at the time of citation for the offense. A hearing
on each violation shall be required before any fines, suspensions or revocations can occur. Each day
of violation shall be deemed a separate offense.
SECTION 14 Suspension and Revocation of Permit.
(a) In addition to the penalties contained in Section 13, above, any permit issued under this
Ordinance may be suspended or revoked for any of the following reasons:
(1) Fraud, misrepresentation or knowingly false statement contained in the application for the
permit;
Vending Ordinance — Page 4
(2) Fraud, misrepresentation or knowingly false statement in the course of carrying on the
business of vending;
(3) Conducting the business of vending in any manner contrary to the conditions of the permit;
(4) Conducting the business of vending in such a manner as to create a public nuisance, cause a
breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere
with the rights of abutting property owners; or
(5) Cancellation of health department authorization for a food or beverage vending unit due to
uncorrected health or sanitation violations.
(b) The Parks Director shall provide written notice of the suspension or revocation in a brief
statement setting forth the complaint and the grounds for suspension or revocation. Such notice shall
be mailed to the address shown on the permit holder's application by certified mail, return receipt
requested.
(c) If the City revokes a vending permit or permit, the fee already paid for the permit or permit
shall be pro -rated. A person whose permit or permit has been revoked under this Section may not
apply for a new permit for a period of one (1) year from the date that the revocation took effect.
SECTION 15
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
19TH DAY OF MAY, 2003.
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk
Vending Ordinance — Page 5