1. 
The word "person" as used in this article shall include the singular and the plural and shall also mean and include any person, firm, corporation, association, club, partnership, society, or any other organization.
2. 
The word "itinerant merchant" as used in this article shall include any person, either principal or agent, employer or employee, who engages in temporary business in the City by selling, or offering for sale, goods, wares, merchandise, produce, or things or articles of value, for a period of not more than one-hundred eighty (180) days, and who, for the purpose of carrying on such business hires, leases or occupies any room, building, structure or stand on any real property, or adjoining any street or public place in the City.
(Added in codification 1979; 1979 Code 7-6-101; formerly Section 7-6-1; amended by Ord. No. 7-88, 10-02, 29-2006, 32-2006)
1. 
It shall be unlawful for any person to engage in the business of itinerant merchant as defined in Section 7-6-201 within the City without first obtaining a license therefore as provided in this Article.
2. 
"Lemonade Stand" exemption. The City shall not enforce the provisions of this article against a business run by any child, age 18 or under, that does not require a business license under the provisions of the Springville City Code.
(1979 Code 7-6-1-2; adopted by Ord. No. 7-88, amended by Ord. No. 10-02, 29-2006, 32-2006)
Applicants for a license under this Article must file with the License Officer a sworn application in writing on a form to be furnished by the License Officer which shall give the following information:
1. 
Name and description of the applicant;
2. 
Both local and permanent address of applicant;
3. 
A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant;
4. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship, and satisfactory evidence that the applicant and/or employer is authorized to conduct business and to collect sales taxes for the sale of merchandise within the State of Utah;
5. 
If a vehicle is to be used, a description of the same together with license plate number or other means of identification;
6. 
Proof of Identity. An in-person verification by the Licensing Officer of the Applicant's true identity by use of any of the following which bear a photograph of said Applicant:
A. 
A valid drivers license issued by any State;
B. 
A valid passport issued by the United States, or any foreign country;
C. 
A valid identification card issued by any State;
D. 
A valid identification issued by a branch of the United States military.
Upon verification of identity, the original identification submitted to establish Proof of Identity shall be returned to the Applicant.
7. 
A statement(s) as to whether or not the applicant has been convicted of any crime, misdemeanor, or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore as defined in §7-6-107(8) Disqualifying Status;
8. 
An original copy of a background check dated no older than 180 days prior to the date of application issued by the Bureau of Criminal Identification (BCI) for the applicant and of any employee(s) of the applicant who will be selling items, except for those under the age of eighteen (18) at the time of application. A BCI background check shall not be required for succeeding and continuous years of operation, after the first year of operating the business, for any itinerant merchant who has an acceptable background check the first year and who will operate for more than 30 days.
9. 
At the time of filing the application, an application fee in an amount to be set by Resolution of the City Council shall be paid to the License Officer to cover the cost of investigation and the issuance of the license.
10. 
An itinerant merchant shall also provide a copy of a valid temporary use permit issued by the Springville City Community Development Department.
(1979 Code 7-6-103; adopted by Ord. No. 7-88, amended by Ord. No. 1-01, 10-02, 5-04, 4-06, 29-2006, 32-2006)
1. 
Upon receipt of such application, the City shall take any and all actions it deems appropriate to verify the truthfulness and completeness of the information submitted by the Applicant, including, but not limited to those disclosed with the Application Form
2. 
If, as a result of such investigation, the information submitted by the Applicant is found to be incomplete or incorrect; and/or:
a. 
The applicant is subject to a previously undisclosed or unknown Disqualifying Status as defined in §7-6-103 of this Title;
b. 
The applicant has failed to complete payment of the Fees;
c. 
The City has received a Substantiated Report regarding the past or present conduct of the Applicant;
d. 
The City or other governmental entity has either Criminally Convicted or obtained a civil injunction against the Applicant for violating this Chapter or similar Federal, State, or municipal laws in a manner rising to the level of a Disqualifying Status; or
e. 
A Final Civil Judgment has been entered against the Applicant indicating that: (I) the Applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 USC § 523(a)(2), (a)(4), (a)(6), or (a)(19).
3. 
If as a result of such investigation, the information submitted by the applicant is found to be complete and correct, the License Officer shall execute a license addressed to the applicant for carrying on of the business applied for and deliver to the applicant his license. Such license shall contain the signature of the License Officer and shall show the name, and address of said licensee, the type of license issued, the kind of goods to be sold thereunder, the amount of fees paid, and the expiration date of the license. This license shall also show the license number and other identifying description of any vehicle used by the licensee. The City shall issue each Itinerant Merchant an Identification Badge that shall be worn prominently on his or her person while operating their business in the City. The Identification Badge shall bear the name of the City and shall contain: (a) the name of the Itinerant Merchant; (b) address and phone number of the Itinerant Merchant, or the name, address, and phone number of the Responsible Person or Entity is provided; (c) a recent photograph of the Itinerant Merchant; and (d) the date on which the Certificate expires. The License Officer shall keep a permanent record of all licenses and identification badges issued.
4. 
The itinerant merchant shall also submit and receive approval from the Springville City Community Development Department for a valid temporary use permit.
(1979 Code 7-6-104; adopted by Ord. No. 7-88; amended by Ord. No. 10-02, 29-2006, 32-2006)
No license or identification badge issued under the provisions of this article shall be used at any time by any person other than the one to whom it was issued.
(1979 Code 7-6-106; adopted by Ord. No. 7-88, amended by Ord. No. 29-2006, 32-2006)
No itinerant merchant, nor any person on his behalf, shall shout, make any cry out, blow a horn, ring a bell or use any sound device, including any loudspeaking or sound amplifying system upon any of the streets, alleys, parks or other public places of the City or upon any private premises in the City where sound of sufficient volume is emitted or produced there from to be capable of being plainly heard upon the streets, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares, or merchandise which such license proposes to sell.
(1979 Code 7-6-107; adopted by Ord. No. 7-88; amended by Ord. No. 10-02, 29-2006)
1. 
No itinerant merchant shall have the right to any location in public streets, nor shall be permitted to operate in any congested area where such business operations might impede or inconvenience public. For purposes of this article, the judgment of a police officer or the Community Development Director, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
2. 
No itinerant merchant shall display any sign in the public right of way and shall only display signs as approved in the site plan by the Community Development Department.
(1979 Code 7-6-108; adopted by Ord. No. 7-88; amended by Ord. No. 10-02, 29-2006)
Each licensee pursuant to this article shall be required to exhibit his license at the request of any person.
(1979 Code 7-6-109; adopted by Ord. No. 7-88, amended by Ord. No. 29-2006)
It shall be duty of any police officer of the city to require any person seen operating as an itinerant merchant, and who is not known by such officer to be duly licensed, to produce his itinerant merchant's license and to enforce the provisions of this ordinance against any person found to be violating the same.
(1979 Code 7-6-110; adopted by Ord. No. 7-88; amended by Ord. No. 10-02, 29-2006)
1. 
Violation of any of the provisions of this article shall be grounds for denial of a license in any year subsequent to the license year in which the violations occurred.
2. 
Licenses issued under the provisions of this article may be revoked by the Mayor after notice and hearing, for any of the following causes;
a. 
Fraud, misrepresentation, or false statement contained in the application;
b. 
Fraud, misrepresentation, or false statement in the course of carrying on his business;
c. 
Any violation of this ordinance;
d. 
Conviction of any crime or misdemeanor involving moral turpitude;
e. 
Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public.
3. 
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint in the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.
(1979 Code 7-6-111; adopted by Ord. No. 7-88; amended by Ord. No. 10-02, 29-2006)
Any person aggrieved by the action of the City in the denial of an application for license as provided in Section 7-6-204 or in the decision with reference to revocation of a license as provided in Section 7-6-211 shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within 14 days after notice of the action complained of has been mailed to such person's last known mailing address, a written statement setting forth the grounds for appeal. The City Council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the licensee in the same manner as provided in Section 211 for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive.
(1979 Code 7-6-112; adopted by Ord. No. 7-88, amended by Ord. No. 29-2006)
All licenses under the provisions of this Article shall expire on the date specified in the license. No itinerant merchant license will be automatically renewed with the payment of a license fee; a new application must be submitted each year.
(1979 Code 7-6-113; adopted by Ord. No. 7-88; amended by Ord. No. 10-02, 29-2006)