[Adopted 2-28-1984 by Ord. No. 895 as Ch. 322 of the 1984 Code; amended in its entirety 12-14-1993 by Ord. No. 1044]
As used in this article, the following terms have the meanings indicated:
ESTABLISHED MERCHANT
A person, partnership, corporation or such other entity which has an ongoing business of selling and/or delivering goods and/or services, or both, within the City from a fixed location within a permanent structure, with valid and current licenses and approvals as otherwise required pursuant to state, federal and local laws.
OPEN-AIR SALE
The sale of any goods where the goods are not sold from a permanent or temporary structure, excluding door-to-door sales.
PEDDLER
Any person who goes from place to place by foot or any other mode of transportation, selling and delivering goods. This definition includes persons who sell entirely through the stock of goods on hand or the sale of goods through samples. Peddlers shall not be considered and defined as transient merchants unless offering goods for sale from property upon which a temporary or permanent structure is situated and not meeting the definition of "established merchant."
PERMANENT STRUCTURE
A structure designed and intended to exist at a fixed location for an indefinite time. When determining whether a structure is permanent or temporary, the following factors, along with other relevant information, shall be considered:
A. 
The mobility of the structure.
B. 
The ability to use the facility during various seasons and in various types of weather.
C. 
The tax assessment upon the location and whether such assessment reflects the existence of the structure.
D. 
The type and quality of materials used to construct the structure.
E. 
The duration of time a structure has been physically in place at the location.
F. 
Whether site plan approval is required for such structure.
TEMPORARY STRUCTURE
A structure either not designed or intended to exist at a fixed location for an indefinite time, including but not limited to tents, stands and booths.
TRANSIENT MERCHANT
Any person other than an established merchant, whether acting as owner, agent, consignee or employee, who engages in the business of selling and delivering goods within the city. Included are persons who sell entirely through the stock of goods on hand or who sell goods through samples. Peddlers shall not be considered and defined as transient merchants unless offering goods for sale from property upon which a temporary or permanent structure is situated and not meeting the definition of "established merchant."
A. 
It shall be unlawful for any transient merchant to engage in such business without first obtaining a license therefor.
B. 
The provisions of this article shall not apply to any person selling goods, wares or merchandise of any description exclusively raised, produced or manufactured by the individual offering the same for sale at the location where raised, produced or manufactured nor to any person handling vegetables, fruits or perishable farm products at any established City market.
C. 
The provisions of this article shall not apply to any person engaged in the sale of goods in association with a temporary fair, festival or similar event sponsored by a nonprofit, charitable organization within the city. All such persons engaged in such activity, nonetheless, shall be required to submit a statement outlining the duration of the charitable event, the method for handling parking, pedestrian traffic, sanitary disposal and other matters as reasonably required by the City Council. Approval by the City Council shall be required prior to engaging in any activity pursuant to this subsection.
D. 
The provisions of this article shall not apply to any person engaged in the sale of goods in association with a large-scale special event. The City shall have the right to assign the administration of the application process, as well as the collection of the appropriate fees, to a responsible third party in the case of a large-scale special event. The responsible third party shall provide to the City the original application form for each transient or established merchant, required support documentation, such as insurance and permits, applicable transient merchant permit fee and a comprehensive list of all special event transient merchants a minimum of five working days prior to the special event. Upon final review by the Chief of Police of the application, a blanket permit shall be issued to cover the transient merchants in compliance with the applicable sections of the City Code involving the special event. Approval by the City Council shall be required prior to engaging in any activity pursuant to this subsection. Such persons engaged in such activity shall be required to submit the method for handling parking, pedestrian traffic, security, waste disposal, sanitary disposal, and other matters as reasonably required by the City Council.
[Added 5-13-2014 by Ord. No. 1267]
Sale of goods in the open or from a temporary structure shall be prohibited except under the following circumstances:
A. 
The proprietor or owner of the business conducting such sales is an established merchant.
B. 
An application in conformance with other provisions of this article has been submitted and approved with all required fees fully paid and other requirements fully complied with, including complete plans submitted and approved.
C. 
Christmas tree sales shall be permitted as outdoor sales if conducted by an established merchant upon his/her own property or if conducted by a transient merchant licensed pursuant to the provisions of this article. The provisions of § 219-31C shall not be required.[2]
[2]
Editor's Note: See also Ch. 103, Christmas Tree Sales.
D. 
Sales incidental to any festival conducted by a bona fide charitable institution shall be exempt, provided that Council approval is requested and obtained prior to undertaking such sales pursuant to § 219-29C.
E. 
Sales incidental to any large-scale special event shall be exempt, provided that City Council approval is requested and obtained prior to undertaking such sales pursuant to § 219-29D.
[Added 5-13-2014 by Ord. No. 1267]
[1]
Editor's Note: See also Ch. 248, Sales, Special, Art. I, Temporary Open-Air Sales.
A sworn application, signed by the applicant if an individual, by all partners if a partnership and by the president if a corporation, with an attached resolution authorizing the president to so sign, shall be submitted to the Roseville Police Department, including the following:
A. 
The name, permanent address, date of birth and social security number of all persons having management or supervision of the applicant's business and an explanation of the capacity in which such person will act and, in the event of any agency relationship, the name and address of the principal on whose behalf the agent will act.
B. 
Fingerprints of each person having management or supervision or other evidence which establishes, to the satisfaction of the Police Chief or designee, the good character and business responsibility of such person.
C. 
The location or locations in the City where it is proposed to carry on the applicant's business and the length of time during which it is proposed that said business shall be conducted.
D. 
A copy of the proposed identification card in the form and manner as approved by the Police Department to be displayed by all persons carrying on such business.
E. 
All addresses where the business or any similar business has been conducted by the applicant, or proprietor if the applicant is acting as an agent, within the 12 months prior to the application; and the anticipated permanent address of the applicant, or proprietor if such applicant is an agent, for the following six months after the expected business will be concluded.
F. 
A statement of the nature, character and quality of merchandise to be sold, including whether the same will be sold from stock or by taking orders for future delivery, where the goods or products proposed to be sold are manufactured or produced and where such goods and products are located at such time such application is filed.
G. 
A statement as to the nature of advertising done or proposed to be done, including copies of all proposed handbills, circulars or newspaper advertising.[1]
[1]
Editor's Note: See also Ch. 165, Handbills.
H. 
A statement as to whether the person having management or supervision or any other persons conducting sales have been convicted of a crime and, if so, setting forth the nature of such offense and the punishment assessed therefor.
I. 
Such other reasonable information as to the identity or character of persons having the management or supervision or involved in sales, including the business or method or plan of doing business, as the Police Department may deem proper to fulfill the purposes of this article.
An application for a license for open-air sales by an established merchant shall include the following information:
A. 
A sworn statement as to the business entity which will conduct business, which in all cases shall be a business entity in which the established merchant is the principal shareholder, partner or in a sole ownership over.
B. 
Verification that the business is adjacent to the business qualifying the applicant as an established merchant.
C. 
Verification that the merchandise to be sold is merchandise of an identical kind and character or substantially kind and character to the merchandise sold by the established merchant as part of its ongoing adjacent business representing at least 10% of the sale revenues within the preceding 12 months.
D. 
A scale drawing setting forth the dimensions of the area within which merchandise shall be sold, including typical detail of any temporary structures, including but not limited to tents, stands and signs, and denoting all parking spaces.
All applications shall be submitted at least 60 days prior to the issuance of any license. An application shall be considered as submitted only when all required information, fees and attachments have been received.
A. 
Upon receipt of any application, the Roseville Police Department shall cause an investigation of such person's business responsibility and moral character as necessary for the protection of the public health, safety and welfare. Conviction of a felony or a misdemeanor involving dishonesty or moral turpitude, the revocation or nonissuance of similar licenses in other communities, the existence of outstanding unsatisfied judgments involving allegations of fraud, misrepresentation, conversion or other similar claims or judicial or administrative decisions finding fraud, dishonesty, conversion, misappropriation or wrongdoing of a similar nature shall be a basis for denial. If such character and business responsibility is found to be unsatisfactory, the application shall be denied.
B. 
Where an application involves a request for open-air sales, such application shall be referred for review and comment by the Building Director, who shall determine whether the proposed open-air sales shall be no less detrimental to the surrounding area than the existing allowable use, including reviewing pedestrian and vehicular traffic and safety, parking, noise and lighting and whether the proposed use is in harmony with the appearance of the adjacent business and surrounding area. The Building Director may impose reasonable conditions which the permit issued shall be subject to.
C. 
The Police Department shall keep a full record at its office of all licenses issued. The license issued shall contain the number of the license, date issued, date of expiration, nature of business authorized to be carried on and the amount of the license fee paid in the place of business where said business may be carried on under said license.
[Amended 7-27-1999 by Ord. No. 1125]
Prior to the issuance of any license, the applicant shall file with the Roseville Police Department a surety bond or case bond in the sum as provided in Chapter 133, Fees. Such bond shall be approved by the City Attorney conditioned that such applicant shall comply fully with all provisions of the ordinances of the City and all other applicable laws and shall pay all judgments rendered against such applicant for any violation of such ordinances or statutes, together with all judgments and costs that may be recovered against him or her by any person for damage growing out of any misrepresentation or deceptive practice by owners, agents or employees at any time while conducting business pursuant to the license, whether such business is within or without the scope of employment. Action on the bond may be brought in the name of the City to the use of the aggrieved party.
Each applicant prior to the issuance of a license shall file with the Roseville Police Department an instrument nominating and appointing the Police Department true and lawful agent with full power and authority to acknowledge service of notice of process for and on behalf of said applicant with respect to any matters connected with or arising out of the business transacted under said license and the bond provided pursuant to this article, including performance of the condition of said bond or any breach thereof. The bond provided shall provide an acknowledgment of service and consent to service upon the Police Department waiving all claim or right of error by reason of such acknowledgment of service or manner of service. Upon receipt of process, the Police Department shall forward to the licensee, at the address provided, by registered mail, a copy of such process received.
Where a license is issued permitting open-air sales, the license shall be posted conspicuously in the licensed premises. All transient merchants, their agents and employees shall wear, in a conspicuous place upon their person, identification in a form and manner as approved by the Police Department.
Each applicant for a license shall at the time of his or her application pay a fee as specified in Chapter 133, Fees, of the Code.
No licensee nor anyone on such licensee's behalf shall shout, make any outcry, blow a horn, ring a bell or use any other sound device, including any loudspeaker, radio or amplifying system, upon any streets, alleys, parks or other public places in the City or upon any private premises in the City where sound emitted or produced is capable of being plainly heard upon the streets, avenues, alleys, parks or other public places or upon any adjoining private property for the purpose of attracting any attention to any goods, wares or merchandise which the licensee or anyone acting on his/her behalf proposed to sell.[1]
[1]
Editor's Note: See also Ch. 203, Nuisances, § 203-3.
The Building Director and Chief of Police and their designees may enter the premises of any business licensed pursuant to this article for the purpose of ascertaining the manner in which such business is conducted and to investigate complaints and shall at all times have access to the books and records of any such business. As a cumulative enforcement remedy, police officers, Code Enforcement Officers and designees of the Building Director shall have authority to issue appearance tickets.
The Roseville Police Department shall maintain a record of fingerprints of licensees, together with license numbers, with the Chief of Police. The Chief of Police shall report to the Police Department, and to the Building Department where applicable, any complaints against any licensee and any conviction for violation of this article. The Police Department, and where applicable the Building Department, shall keep a record of all such licensees and of complaints and violations.
A. 
The license issued pursuant to this article may be revoked by the City Manager after notice and hearing for any of the following causes:
(1) 
Any fraud, misrepresentation, false or erroneous statement or information contained in the application for license.
(2) 
Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise.
(3) 
Any violation of the provisions of this article or any other provisions of the Code of the City of Roseville.
(4) 
Conviction of the licensee, or any person having management or supervision of the licensee's business, of any felony or of a misdemeanor involving dishonesty.
(5) 
Failure to maintain the required bond for operating or participating in the operation of any business subject to licensing pursuant to this article in an unlawful manner.
B. 
Notice of hearing for revocation of a license shall be given in writing setting forth specifically the grounds of the complaint and the time and manner and place for hearing. Such notice shall be mailed postage prepaid to the licensee at his or her last-known address at least five days prior to the date set for hearing.
C. 
The City Manager may upon hearing revoke the license, suspend the license for any period of time with or without conditions or impose further additional conditions upon the continued issuance of the license.
A. 
Any applicant aggrieved by the denial of an application or imposition of conditions for a license shall appeal by filing with the License Appeal Board, within 10 days after denial of such application, a written statement claiming an appeal and setting forth the grounds for appeal. The License Appeal Board shall set the date, time and place for hearing on such appeal providing notice by mailing the same by first-class mail to the last-known address of the applicant. The decision of the License Appeal Board shall be final.
B. 
In connection with the revocation or suspension of a license, the right of appeal shall be to the City Council. The appeal shall be taken by filing a written statement setting forth the grounds for appeal with the office of the City Clerk within 10 days from the date of mailing of the notice of the decision by the City Manager to the licensee or affected person. The City Council shall set the time and place for hearing on such appeal and provide notice by mailing of the same by first-class mail to the last-known address of the licensee.
Any person violating any of the provisions of this article shall be deemed to be committing a nuisance per se subject to abatement and injunctive relief.
[Amended 7-27-1999 by Ord. No. 1125]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be punished as provided in Chapter 1, General Provisions, Article I.