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§ 11-1 TITLE 9 — BUSINESS REGULATIONS § 11-13 Chapter 11 VENDORS Sec. 11-1: Purpose Sec. 11-2: Definitions Sec. 11-3: License Required Sec. 11-4: Application for License. Sec. 11-5: Background Check Required Sec. 11-6: Renewal of License Sec. 11-7: License Required / Health and Fire Inspections Sec. 11-8: Display of License, Prices Required and Vendor Identification Sec. 11-9: Denial, Suspension, or Revocation of License Compliant Sec. 11-10: Notice of Denial, Suspension or Revocation Sec. 11-11: Approval of Contiguous Property Owner Required Sec. 11-12: Hours of Operation Sec. 11-13: Location Sec. 11-14: Exemptions; License Not Required Sec. 11-15: Appeal Sec. 11-16: Violation a Nuisance, Summary Abatement Sec. 11-17: Violations; Penalties Sec. 11-1. Purpose. To provide a means for merchants to conduct Vending Operations on the public right-of-way in designated areas of the City while retaining the rights of the public in the use of the public rights-of-way and providing a means for regulation of Vending for the protection of the public. (Ord. 2004-13, 04/05/2004) Sec. 11-2. Definitions. A. Mobile Vending Unit: A motorized vehicle operated by a Vendor standing on or within the frame of the vehicle, which vehicle is capable of moving under its own power. B. Sidewalk Vending Unit: A portable stand, structure, conveyance, pushcart, cart, platform or location from which sales of goods, wares, merchandise and/or services are made or orders for such are placed or taken. C. Vending Operation(s): The act of selling goods, wares, merchandise and/or services on a public right-of-way or the act of placing or taking orders for goods, wares, merchandise and/or services on a public right-of-way by any person, including every owner of a Vending Operation and his or her employee(s). D. Vending Site: The area or location upon a public right-of-way within which a licensed Vending Operation may take place. E. Vendor: Any person, including every owner of a Mobile Vending Unit, Sidewalk Vending Unit or Vending Operation and his or her employee(s), who engages in a Vending Operation in the City. (Ord. 2004-13, 04/05/2004; 2014-21, 12/01/2014) Sec. 11-3. License Required. A. Every person who intends to engage in a Vending Operation within the City shall be required to purchase an annual license for each Vending Site which is used for such Vending Operation. A person so engaged shall not be relieved from the provisions of this Chapter by reason of association with any local operating business dealer, trader, merchant or auctioneer, nor by conducting a temporary or transient business in connection with or as a part of or in the name of any local dealer, trader, merchant, auctioneer or business. The Vendor license shall be posted at each Vending Site during all Vending Operations. B. Every licensed Vendor is required to abide by the City of Moscow’s Policy on Vendors as adopted by Moscow City Council. (Ord. 2004-13, 04/05/2004; 2014-21, 12/01/2014) ---PAGE BREAK--- § 11-4 TITLE 9 — BUSINESS REGULATIONS § 11-5 Sec. 11-4. Application For License. Proof of Registration Application, Contents. Application for a Vendor license, as required by this Chapter, shall be in writing upon a form to be furnished by the City and made to the City through the City Clerk. Every applicant shall supply a full set of fingerprints with every application, except that fingerprints will not be required for any renewal that occurs within five years of the latest submittal of fingerprints by the applicant. Applicant shall submit a copy of applicant’s valid driver’s license or other DMV approved identification. The application for a Vendor license shall contain all of the following information: A. Name, social security number, tax identification number, driver's license number and date and place of birth of the applicant; B. Permanent home and business address, telephone number, and local address and telephone number of the applicant; C. A brief description of the nature of the Vending Operation or business and of the goods, wares, or merchandise to be sold or services to be performed; D. If the applicant is employed by another, the current address or email address, name, telephone number and facsimile number of the applicant's employer; E. A photograph of each applicant seeking a Vendor license, taken within sixty (60) days immediately prior to filing of the application for license. Said picture shall be approximately two inches by two inches and shall show the head and shoulders of the applicant in a clear manner; F. A complete set of fingerprints of each applicant in a form approved by the Chief of Police or designee; G. A sworn statement disclosing all convictions of crimes, including felonies and misdemeanors, and of violations of City ordinances, the date and the nature of each offense and the penalty assessed therefor; H. An acknowledgment by the applicant that he/she understands that a Vendor license, if granted, shall not be used or represented as an endorsement by the City for Vending Operations thereunder; I. The application shall be sworn to by each applicant and shall be accompanied by a license fee for each person to be covered by such license, as set from time to time by Resolution duly adopted by Council. (Ord. 2004-13, 04/05/2004; 2014-13, 08/18/2014) Sec. 11-5. Background Check Required Before any Vendor license is issued under this Chapter, the City shall complete an investigation background check. New fingerprints are required every five years. A. Requirements. To determine the suitability of prospective applicants for a Vendor License, the City Police Department and/or City Clerk for the City of Moscow shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police (ISP) and the Federal Bureau of Investigation (FBI). Pursuant to Idaho Code Section 67-3008, and congressional enactment Public Law 92- 544, the City Police Department and/or City Clerk for the City of Moscow shall submit the required fees and a set of fingerprints obtained from the applicant, to the ISP, Bureau of Criminal Identification, for a criminal records check of State and National databases per Public Law 92-544. The submission of fingerprints and information required by this section shall be on forms prescribed by the ISP. The City Police Department and/or City Clerk for the City of Moscow is authorized to receive criminal history information from the ISP and from the FBI for the purpose of evaluating the fitness of applicants for Vendor License. As required by state and federal law, further dissemination or other use of the criminal history ---PAGE BREAK--- § 11-5 TITLE 9 — BUSINESS REGULATIONS § 11-9 information is prohibited. The applicant authorizes the use of FBI records for the screening process. B. Background Check Guidelines. All background checks require a complete set of fingerprints; a signed statement that contains the applicant’s name, address, and date of birth appearing on a valid identification document issued by a governmental entity, as well as furnishing if such applicant has or has not been convicted of a crime, and the particulars and description of the same. (Ord. 2011-16, 09/19/2011; 2014-13, 08/18/2014; 2019-06, 07/01/2019) Sec. 11-6. Renewal of License. The City Clerk may renew a Vendor license from year to year by appropriate endorsement thereon. An application for renewal of a Vendor license shall be in writing on a form provided by the City. The application shall be filled out with the full name and current address of the applicant along with the statement of the date upon which the original Vendor license was granted. A copy of applicant’s valid driver’s license or other DMV approved identification shall be provided. The Vendor license fee, in an amount as set from time to time by Resolution of the City Council, shall be paid to the City for a Vendor license. (Ord. 2014-13, 08/18/2014) Sec. 11-7. License Required/Health and Fire Inspections. When a Vendor proposes to sell any product for human consumption, a certification by the North Central Health District shall be required prior to issuance of a Vendor license. When deemed necessary, and prior to the issuance of any license, the City shall inspect and approve each Vending Unit to assure compliance with the Code, including, but not limited to, any Uniform Codes contained therein. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-8. Display of License, Prices Required and Vendor Identification. Every person, while engaging in a Vending Operation(s), must display in a prominent and visible manner the Vendor license issued by the City which allows such operation and, in addition, shall conspicuously post the price of every item sold. Every Vendor shall conspicuously display his or her name and business telephone number(s) at the Vending Site while engaging in Vending Operations. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-9. Denial, Suspension, or Revocation of License. A license under this Chapter may be denied, suspended or revoked for any of the following causes: A. Fraud, misrepresentation or false statement contained in the application for the license; B. Failure to properly and completely fill out the application for the license; C. Fraud, misrepresentation or false statement made in the course of carrying on a Vending Operation; D. Where the applicant or licensee has: 1. Been found guilty of, plead guilty to, received a withheld judgment, or admitted to the elements of any of the following enumerated crimes, or any substantially similar provision of foreign criminal violations, notwithstanding the form of judgment(s) or admitted that sufficient evidence exists which could be likely to convince a judge or jury to find the applicant or person issued the Proof of Registration to be guilty beyond a reasonable doubt of such a crime: a. Any felony as defined by Idaho Code, Sections 18-111 and 18-111A, within five years immediately preceding the date of application for license or renewal; b. Any violation of the Uniform Controlled Substances Act, Chapter 27, Title 37, Idaho Code, similar provisions in any other jurisdiction, within the past five years immediately preceding the date of application; ---PAGE BREAK--- § 11-9 TITLE 9 — BUSINESS REGULATIONS § 11-12 c. Any crime of physical violence against persons, including but not limited to battery and domestic battery within the past five years immediately preceding the date of application; d. Any offense involving neglect or any physical injury to, or other abuse of, a Child, including any sex crime as defined in Chapter 66, Title 18, Idaho Code; e. Rape as defined in Chapter 61, Title 18, Idaho Code; f. Injury to a Child as defined in Idaho Code, Section 18-1501; g. Trespassing as defined in Idaho Code Section 18-7008(A)(8) or and/or Moscow City Code 10-1-5 within five years immediately preceding the date of application for license; h. Sexually abusing or exploiting a Child as defined in Idaho Code, Sections 18-1506 through 18-1508; i. Stalking as defined in Idaho Code Section 18-7905 within five years immediately preceding the date of application for license; j. Murder as defined in Idaho Code, Sections 18-4001 and 18-4003; k. Voluntary manslaughter as defined in Idaho Code, Section 18-4006; l. Kidnapping as defined in Idaho Code, Section 18-4501; m. Arson as defined in Idaho Code, Sections 18-801 through 18-803; n. Poisoning as defined in Idaho Code, Section 18-4014; o. Mayhem as defined in Idaho Code, Section 18-5001; or p. Any felony punishable by death or imprisonment for life. 2 Received a withheld judgment entered for any of the above offenses within five years immediately preceding the date of application for Proof of Registration. E. Conducting a Vending Operation in an unlawful manner or in such a manner as to constitute a breach of the peace or public nuisance or so as to constitute a menace to the health, safety or welfare of the public; F. Violation of any applicable rule or regulation of Federal, State, County or City health regulations; G. Any violation of this Chapter. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011; 2016-09, 08/01/2016) Sec. 11-10. Notice of Denial, Suspension or Revocation. Notice of denial, suspension or revocation of a Vendor license shall be in writing and mailed to the applicant at the address of record on the original application for such Vendor license. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-11. Approval of Contiguous Property Owner Required. Where a Vending Site is on or contiguous with private property, the Vendor shall present to the City written approval for such Vending Operation from the contiguous property owner and/or tenant. If placement of a Vending Unit on the contiguous private property granting permission to the Vendor is within five feet of an adjacent property, as measured at the property line closest to the property owner(s) and/or tenant(s) granting permission to the Vendor to utilize such contiguous property, additional written approval from the adjacent property owner(s) and/or tenant(s) for use of such Vending Site shall be presented to the City. Such approval(s) shall not be unreasonably withheld. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-12. Hours of Operation. A. Every Vendor, except Mobile Vending Operations, conducting Vending business in City of Moscow’s Central Business District, shall engage in Vending Operations only between 9:00 a.m. and 9:00 p.m. local time unless otherwise allowed by this Chapter or as approved by the City. Every Vending Unit shall be removed from the public right-of-way during non-Vending ---PAGE BREAK--- § 11-12 TITLE 9 — BUSINESS REGULATIONS § 11-15 Operation hours unless allowed by this Chapter or as otherwise approved by the City. B. Mobile Vending Units operating in City of Moscow’s Central Business District shall engage in Vending Operations only between 9:00 p.m. and 3:00 a.m. local time unless otherwise allowed by this Chapter or as approved by the City. Every Vending Unit shall be removed from the public right-of-way during non-Vending Operation hours unless allowed by this Chapter or as otherwise approved by the City. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011; 2014-21, 12/01/2014) Sec. 11-13. Location. A. No Vendor shall have an exclusive right to use of a particular Vending Site nor shall a Vendor unnecessarily impede the public. B. A Vendor license shall not allow a Vendor to conduct Vending Operations where such is specifically prohibited by the Zoning Code or by other provision of this Code. No Vending Unit shall be located within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire station, police station, school, or hospital. C. The total operating area of a Sidewalk Vending Unit Operation shall not exceed thirty six (36) square feet of sidewalk or public right-of-way, which shall include the Vending Unit and, when externally located, the Vendor and trash receptacle. Sidewalk Vending Units are not allowed to operate within any public street or alley, unless otherwise specifically permitted. D. No Mobile Vending Unit Operator can secure a parking space that City allows for Mobile Vending Operations by parking any Vehicle, including the Mobile Vending Unit, in a parking space prior to Vending Operations with the intention to use said parking space for Mobile Vending Operations during permitted hours. Mobile Vending Units are not allowed to operate on any sidewalk. E. Every Vendor shall obey the direct orders of a peace officer or duly authorized City employee. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011; 2014-21, 12/01/2014) Sec. 11-14. Exemptions; License Not Required. A Vendor license shall not be required for the following: 1. Any activity protected by the Constitution of the United States; 2. The distribution of goods or information for which there is no charge; 3. Vending Operations performed occasionally by the contiguous property owner and/or tenant (such as the setting up of a sales or promotions table in front of a downtown business, a yard sale, or lemonade stand); 4. Vending Operations within the location and during activities for which a Downtown Special Event Permit is required where the person issued the Downtown Special Event Permit gives permission to the Vendor for such Vending Operations; 5. Vending Operations within the location and during activities for which a Park Special Event Permit is required and the person issued the Park Special Event Permit gives permission to the Vendor for such Vending Operations; 6. Vending Operations within the location and during Farmer's Market where the Vendor is a current authorized Farmer's Market Vendor; 7. Vending Operations occurring pursuant to a Sidewalk Cafe License issued by the City. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-15. Appeal. A. Any person aggrieved by the action of denial, suspension or revocation of a Vendor license by the City shall have the right of appeal to the Council. ---PAGE BREAK--- § 11-15 TITLE 9 — BUSINESS REGULATIONS § 11-17 B. Such appeal shall be taken by filing with the Clerk written notice thereof within five days after the denial or the entry of the order of suspension or revocation. The notice of appeal shall specify an address at which the person appealing may be given notice of hearing on the appeal. C. At the appeal hearing before the Council, the person appealing shall be entitled to appear in person and offer testimony and evidence pertinent to the denial, suspension or revocation, or may appear through legal counsel. The Clerk and/or legal counsel for the City shall likewise be entitled to appear at the hearing and offer testimony and evidence in support of the denial, order of suspension, or revocation. Failure by applicant, person appealing, or their representative to appear before Council at the time scheduled to hear such an appeal shall result in the automatic denial of such appeal. D. The Council shall determine whether the denial, suspension or revocation shall be sustained and shall make a final reasoned statement in writing within fifteen (15) business days following the close of the hearing. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-16. Violation a Nuisance, Summary Abatement. The placement of any Vending Unit on any public right-of-way in violation of the provisions of this Chapter is hereby declared to be a public nuisance. The City may cause the immediate cessation of Vending Operations and/or the removal of any Vending Unit present on a public right-of- way in violation of this Chapter. The City is authorized to store such Vending Unit until the owner thereof shall redeem it by paying the removal and storage charges, as set from time to time by Resolution duly adopted by the Council. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011) Sec. 11-17. Violations; Penalties. Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor and, upon conviction thereof in a court of competent jurisdiction, shall be punished pursuant to this Code and the Idaho Code. (Ord. 2004-13, 04/05/2004; 2011-16, 09/19/2011)