Transient merchant is any person engaged in the business of selling goods or services from a booth, cart, wagon, vehicle or device of any other type, or building upon any public or private property, when the person is not regularly engaged in a permanently established business of selling goods or services in the city. Any merchant regularly engaged in the vending of food, ice cream, beverages and refreshments who has obtained a vending on city streets permit from the city under SMC section 7.802 or 7.810 shall not be considered a transient merchant under this section.
[Section 7.470 amended by Ordinance No. 6297, enacted July 22, 2013]
No person shall establish, maintain or operate as a transient merchant within the city unless a license for that use is obtained from the city. Every transient merchant, whether for hire or not, shall be deemed a transient merchant subject to the provisions of sections 7.470 to 7.476. Each licensee shall meet the standards as described in sections 7.000 to 7.006.
The following shall be required of all transient merchants:
(1) 
Written permission shall be obtained from the property owner.
(2) 
All display areas on the property shall be paved, and shall be outside the required 25-foot vision clearance triangle.
(3) 
Required parking spaces and landscaped areas of the established business on the property shall remain clear.
(4) 
There shall be room to pull a vehicle off the roadway so that hazardous traffic conditions are not created. Once off the roadway, there shall be adequate room for vehicles to park. Transient merchants shall not rely on parking required of the established business.
(5) 
Transient merchants may be allowed only on property that is zoned CC – Community Commercial, MRC – Major Retail Commercial, MUC – Mixed Use Commercial or PLO – Public Land and Open Space.
(6) 
Transient merchants operating food carts, also known as “mobile units” as defined by ORS 624.310(8), may be allowed only on property that is zoned CC – Community Commercial, MRC – Major Retail Commercial, MUC – Mixed Used Commercial, MUE – Mixed Use Employment, HI – Heavy Industrial, LMI – Light/Medium Industrial, CI – Campus Industrial and PLO – Public Land and Open Space.
[Section 7.474 amended by Ordinance No. 6297, enacted July 22, 2013]
Each licensee shall be required to pay the applicable license fee as set by council resolution.