2. Ordinance 1741 - Amending Kalispell Municipal Code 15-12 - 2nd ReadingCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
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TO: Doug Russell, City Manager
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Ordinance No. 1741— Amending the Kalispell Municipal Code
Regarding Vending in the Public Way Regulations
MEETING DATE: July 7, 2014 — Regular Council Meeting — Second Reading
BACKGROUND: Pursuant to Kalispell Municipal Code 15-12, the City of Kalispell
requires vendors to apply and pay for permits to vend in the public way. Under this
code, special event organizers must complete a permit process for the event at which the
vendors serve to provide an adequate platform for the organizer to coordinate with the
various city departments. At a workshop on June 9, 2014, the council took comments
from the Kalispell Business Improvement District that organizes the Thursday Fest
special event which takes place throughout the summer. The Council was asked to
consider amending the current fee and timetable schedule for special events to fairly
reflect the expense and time schedules of the special event organizers and the vendors in
relation to the efforts of the City to accommodate the special event. The City Council
passed this ordinance on first reading on June 16, 2014.
RECOMMENDATION: The City Council should pass Ordinance No. 1741 on second
reading which amends KMC 15-12 to allow a single $10.00 vending fee per vendor for
each special event permit and reduces the required lead-time for vending permit
application to three business days.
FISCAL EFFECTS: No significant fiscal effects are anticipated.
Respectfully submitted,
Charles H all, it Attorney
ORDINANCE NO.1741
AN ORDINANCE AMENDING CHAPTER 15 OF THE KALISPELL MUNICIPAL CODES AND
CODIFIED AT KMC 15-12, VENDING IN THE PUBLIC WAY, REGARDING VENDING FEES
FOR SPECIAL EVENTS AND THE TIME REQUIRED FOR PROCESSING APPLICATIONS,
DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO
CODIFY THE SAME.
WHEREAS, pursuant to Kalispell Municipal Code 15-12 the City of Kalispell requires vendors to
apply and pay for permits to vend in the public way; and
WHEREAS, under this code, special event organizers must complete a permit process for the event at
which the vendors serve to provide an adequate platform for the organizer to coordinate
with the various city departments; and
WHEREAS, the Kalispell City Council therefore rinds that it is in the best interest of the City and the
participants in special events that the current fee and timetable schedule for special events
be amended to fairly reflect the expense and time schedules of the special event
organizers and the vendors in relation to the efforts of the City to accommodate the
special event.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in
Exhibit "A", attached hereto and incorporated fully herein by this
reference.
SECTION 2. The City Attorney is hereby authorized and directed to recodify this
Ordinance.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 7TH DAY OF JULY, 2014.
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"
15-12 Vendors on the Public Way.
G. 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-(10) three (3) business 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.
H.Permit Fees: Any vendor granted a vending permit under this Section 15-12 shall pay an annual
permit fee of fifty dollars ($50.00). Vending fees for a special event pefff& shall be ten dollars
($10.00) per event pgLmit.