[HISTORY: Adopted by the Mayor and Commissioners of the Town of Westernport 10-5-2015 as Ch. 207 of the 2015 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CLERK or TOWN CLERK
- The Town Clerk of Westernport or his or her designee.
- A useful item with physical properties that can be transported.
- ENFORCEMENT OFFICER
- Any police officer, any code enforcement officer, and the Mayor.
- ITINERANT MERCHANT
- Any person who leases or occupies any space or location in any building or structure within the Town, for a period of not more than six weeks' duration, for the purpose of selling or offering to sell commodities and/or services of any type.
- The Mayor of Westernport.
- NONPROFIT ORGANIZATION
- Any association or organization which, in accordance with United States Internal Revenue Service regulations, distributes no part of its income to its members, directors, or officers and which is established for a civic, educational, cultural, religious, social, political, scientific, philanthropic, or charitable purpose.
- PEDDLER or HAWKER or VENDOR
- Any person who sells or offers to sell commodities and/or services of any type from place to place, or from house to house, or on the streets, or in any other public place, or who, without traveling from place to place, sells or offers to sell commodities and/or services of any type from a wagon, vehicle, boat, or other movable structure.
- Any individual, corporation, company, partnership, firm, trust, institution, association, organization, or any other legal entity.
- Any work or act capable of being performed for a fee or donation.
- Any person owning or operating a store, restaurant or shop from a permanent structure in the Town.
- VENDOR LICENSE
- License issued by the Town Clerk to do business as a peddler, hawker, vendor, or itinerant merchant.
It shall be unlawful for any person to engage, within the corporate limits of the Town of Westernport, in business as a peddler, hawker, vendor or itinerant merchant, as defined in § 161-1, without first obtaining a vendor license from the Town Clerk.
A separate vendor license shall be required for each individual who is in business as a peddler, hawker, vendor, or itinerant merchant, as defined in § 161-1, unless all sales take place within a temporary movable structure which would require only one vendor license issued to the manager or supervisor.
During events within the corporate limits of the Town, the Mayor and Commissioners reserve the right to regulate issuance of said licenses in such a way as to control the competition in the same type of commodities; oversaturation could create a condition where it would not be financially viable and/or profitable for any vendor to apply for such license and offer such commodities at such events.
Persons engaged in any of the following activities are exempt from the requirement of a vendor license:
Businesses at a permanent location that are intended to be permanent or ongoing for a year;
Selling commodities and/or services directly to manufacturers, wholesalers, or retailers for use in their business or for resale;
Selling fresh fruits, vegetables, or other perishable food products if the seller took any part in the production of said;
Sales made by an auctioneer;
Any sales ordered by any judicial process;
Sales by a nonprofit organization;
Sales by volunteer fire and rescue companies;
Selling of Christmas trees, cards, greens, holly, and wreaths;
Selling of religious goods;
Conducting a yard, garage, or attic sale at a person's residence, not more than four days within a twelve-month period;
Minors conducting sales of commodities from their place of residence, not more than 50 days in a twelve-month period;
Taking orders for or making delivery of newspapers, magazines, milk, dairy products, bakery goods, ice, fuel or fuel supplies; and
Sales at residential premises pursuant to an invitation by an owner or occupant of the residential premises.
An applicant for a vendor license shall file a written sworn application on forms provided by the Mayor and Commissioners with the Clerk, accompanied by a nonrefundable fee and if required deposit set by resolution, signed by the applicant containing the following:
The name, local and permanent addresses, and telephone number of the person to be licensed;
If the applicant is not going to be managing or supervising the business to be licensed, or in the case of any firm or corporation to be licensed, the name or names of all individuals, and their addresses and telephone numbers, who will be conducting, managing, supervising, or administering the business for or on behalf of the applicant;
If the applicant proposes to sell or offer for sale commodities and/or services from a fixed location, the place or places within the Town where it is proposed to carry on the applicant's business, the hours and days during which the applicant(s) proposes to conduct business from the location, and the length of time during which it is proposed that the business shall be conducted from the location;
If the applicant proposes to sell or offer for sale commodities and/or services from house to house, or from place to place, a statement or description of the area or areas of the Town in which the applicant proposes to conduct the business, a statement or description of any routes of travel to be followed, and if sales are to be made from a wagon, vehicle, boat or other movable structure, a complete description of it, including any federal or state registration number, and the license numbers of all vehicles to be used in the business;
A statement or description of the nature and character of the business to be conducted and the commodities and/or services sold or offered for sale by the applicant;
A statement as to whether or not the applicant, or any person who will be conducting, managing, supervising, or administering the business for or on behalf of the applicant, has been convicted of any crime or has been found by a court to have committed a violation of any municipal code or ordinance and, if so, the nature of the offense, the jurisdiction in which the offense was heard, and the nature of the punishment or penalty assessed;
Two photographs, at least two inches by two inches in size, showing the head and shoulders of the individual in a clear and distinguishing manner, for each individual applicant and for any person who will be conducting, managing, supervising, or administering the business for or on behalf of the applicant; and
Any other reasonable information as to the identity or character of the applicant or any other individuals who will be conducting, managing, supervising, or administering the business for or on behalf of the applicant, or the method or plan of conducting business, as the Clerk may deem necessary and proper, in order to determine the fitness of the applicant to have the vendor license issued, for the protection of the public health, safety, and welfare.
Upon receipt of an application for a license under the provisions of this chapter, the Clerk or his or her designee shall complete an investigation of the facts submitted which shall include whether or not the applicant has operated in the Town before and whether the applicant paid all previous fees in a timely manner. This information must be provided to the Mayor in not more than 10 days after the filing of a completed application.
In the event that any applicant shall intentionally misrepresent any facts or information required, he or she shall not be issued a license, or if such misrepresentation is later discovered, the license issued hereunder shall be forfeited.
The Mayor, upon receiving the report from the Clerk or designee on or before the 10th day, will have until the 14th day to make a decision on whether a license will be issued. In the event that the decision is to reject a vendor, the Mayor shall notify the Commissioners through memorandum of the particulars of the case and his decision.
No peddler, hawker, vendor or itinerant merchant shall conduct business outside the hours of 9:00 a.m. until 7:00 p.m. unless stated otherwise on the license.
It shall be unlawful for licensed peddlers, hawkers, vendors, or itinerant merchants to conduct business at sites restricted by resolution of the Mayor and Commissioners.
It shall be unlawful for any person to transfer a vendor license to any other person.
Upon approval of the application, a person receiving a vendor license from the Mayor and Commissioners of Westernport shall sign an agreement indemnifying and holding harmless the Mayor and Commissioners of Westernport for any injury to any person as a result of the negligence of the peddler, hawker, vendor, or itinerant merchant.
The Mayor and Town Attorney are directed to prepare a written agreement to be executed by accepted vendors at the time of the issuance of the license consistent with § 161-13.
The site or location of a temporary sale shall be kept clean and free from litter at all times. If any trash is produced in any part of the sale, trash collection containers must be conveniently placed to minimize litter. Any litter which shall fall on the property of another shall be removed immediately. Upon the conclusion of the temporary sale, the licensee shall be responsible for the removal of all litter and trash from the site and adjacent property not later than one day after the sale ends. If the licensee fails to do so, the Town of Westernport may remove such trash or litter and charge the cost thereof to the licensee.
Every peddler, hawker, vendor, or itinerant merchant shall carry his or her license at any time he or she is engaged as a hawker, peddler, vendor, or itinerant merchant or shall display said license on the site of the business. Additionally, he or she shall show his or her license to anyone who shall demand it while he or she is so engaged. If a license is issued to a supervisor of a temporary movable structure, said license must be posted on the structure.
Any enforcement officer of the Town of Westernport may revoke any license upon finding that the peddler, hawker, vendor, or itinerant merchant engaged in the following:
Withheld or falsified any information required to obtain the vendor license;
Perpetrated fraud or willful misrepresentation;
Violated any provision of this chapter;
Committed any unlawful act;
Refused to leave any private property immediately when requested to do so by the owner-occupant; or
Conducted business in an unsafe manner as to constitute a menace to the health, safety, or the general welfare of the public.
Any license that has been revoked must be immediately returned to the enforcement officer.
Any person aggrieved by the Mayor in the denial of an application for a vendor license as outlined in this chapter or in a decision with reference to the revocation of a license as outlined in this chapter shall have the right of appeal to the Mayor and Commissioners. Said person shall file in the office of the Town Clerk a written petition requesting a hearing and setting forth a brief statement of the reason for appeal within 14 days after the day of the decision. Upon receipt of such petition, the Mayor and Commissioners shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why said decision should be modified or withdrawn. The hearing shall be held not later than 30 days after the day on which the petition was filed, provided that, upon application of the petitioner, the Mayor and Commissioners may postpone the date of the hearing for a reasonable time beyond such thirty-day period if, in their judgment, the petitioner has submitted a good and sufficient reason for such postponement. Any decision pursuant to this chapter shall automatically become effective if a written petition for a hearing is not filed in the office of the Clerk within 14 days after such decision is made.
[Amended 7-10-2017; 10-1-2018 by Ord. No. 9-4-2018B]
Any person violating any of the provisions of this chapter shall be deemed guilty of a municipal infraction subject to Chapter 135 of the Code of the Town of Westernport.
This chapter shall be known as the "Vendor Ordinance" and may be cited as such.