[HISTORY: Adopted by the Town Council of the Town of Winslow
as indicated in article histories. Amendments noted where applicable.]
[Adopted by Town Warrant, 3-11-1958, Art. 96 (Ch. 5, Art. I, of the 1976 Code)]
A.
No person shall solicit funds
from any person by selling goods or merchandise of any description
by house to house canvas or on the streets of the Town without a permit.
B.
The Chief of Police shall issue
written permits upon application.
C.
Any person in violation of this
section shall be fined $50 per day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Adopted 1-13-1986 by Ord. No. 2-1985 (Ch. 5, Art. II, of the 1976 Code)]
It shall be unlawful for an itinerant vendor, as herein defined,
to engage in business within the Town of Winslow, without first obtaining
a permit in compliance with the provisions of this article.
[Amended 7-11-2005 by Ord. No. 5-2005]
As used in this article, the following terms shall have the
meanings indicated:
Any person who engages in a temporary business of selling
or delivering goods, wares, foods, foodstuffs, or merchandise within
the Town of Winslow from either a public or private place, other than
at his permanent place of business or at his place of legal voting
residence.
Temporary itinerant vendor shall apply to CEO for use permit.
Such permit shall be valid from eight to 60 days and may not be renewed
in any one calendar year. Permit fee shall be $50. NOTE: one- to seven-day
requests shall apply to the Police Department for "Temporary Itinerant
Vendor Permit" which cannot be renewed for one calendar year. The
permit fee shall be $25.
Seasonal itinerant vendor shall apply to the Planning Board for a permit and meet all applicable requirements of Chapter 300, Zoning, § 300-28, Site plan review, et al. Such permit shall be valid for three to six months continuous use or up to 180 days noncontinuous use in a calendar year. The three- to six-month permit cannot be renewed in the calendar year it is obtained. The permit fee shall be $50 per month of use.
[Amended 6-10-2019 by Ord. No. 6-2019]
Temporary or Itinerant Seasonal Vendors, which prepare and/or serve food shall provide for waste and sanitation facilities for such business and be subject to inspection by the Town Code Enforcement Officer and/or Maine State Health Officials. Unsanitary or unsafe conditions may result in revocation of permit to operate as well as civil penalties and other applicable remedies and costs including but not limited to § 213-11.
Permits for all temporary itinerant vendors and seasonal itinerant
vendors shall only be issued if the applicant is in compliance with
all applicable requirements of the zoning district in which he or
she shall be located along with all other applicable state and Town
of Winslow applicable laws, ordinances, rules, and regulations, and
the location of any such itinerant vendor shall not be a detriment
to vehicle or pedestrian traffic, vehicle traffic flow, vehicle traffic
egress and ingress to the itinerant vendor's location site, and there
is adequate parking and safe sight-distance of oncoming vehicle traffic
approaching the itinerant vendor's location site at the customary
speed in that area.
A place of business which is not a temporary business.
All premises which are assessed as real property by the Town
of Winslow and not owned by any public entity, other than a permanent
place of business or a place of legal voting residence. If a private
place is used, written authorization from owner must be provided.
All public ways laid out under authority of statute and dedicated
to public use, or other places to which the public at large or a substantial
group has access.
A place of business not open to the public at least five
days a week for not less than six hours daily.
Nonprofit organizations and educational institutions shall be
exempt from this article.
Temporary Itinerant vendors must complete the application form
furnished by the Chief of Police clearly stating the time, place,
manner and purpose for which the permit is desired.
[Amended 7-12-1993 by Ord. No. 3-1993; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
Temporary itinerant vendor permit shall be valid between the
hours of 9:00 a.m. and 8:00 p.m., Monday through Sunday, and shall
not be transferable. An exception to this section shall be farmers
who sell their own grown products and such exception shall apply from
June 1 to October 1 each year.
Itinerant vendors permit shall not be issued to applicant at any location where prohibited by Chapter 300, Zoning.
[Amended 7-12-1993 by Ord. No. 3-1993; 7-11-2005 by Ord. No. 5-05]
Fee for each permit shall be stated in § 213-3, nonrefundable, and payable to the Town of Winslow. The fee for farmers who sell their own grown products from June 1 to October 1 each year shall be $25.
Itinerant vendors shall provide certificates of bodily injury
liability and property damage insurance.
Itinerant vendors shall indemnify and save harmless the Town
of Winslow, its authorized agents, officials and employees from and
against any and all actions, causes of actions, liabilities, claims,
demands, damages or losses including any actions for contribution
or indemnity, and including all reasonable attorneys fees, resulting
from any civil or criminal action arising directly or indirectly out
of any act or omission of itinerant vendors, their employees, or business
patrons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any itinerant vendor who violates any provision of this article
shall be guilty of a civil violation and subject to a fine of not
less than $50 nor more than $200 per day, plus the Town of Winslow's
attorney's fees for the prosecution of any such violation. Each day
of any violation of this article shall be a separate offense. Nothing
in this article shall be construed to prohibit other or further civil
or criminal action, including the Town of Winslow's attorney's fees,
against any itinerant vendor.
