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."
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.
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]
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.
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.
Each license issued shall correspond to the
proposed dates for such open-air sales and in no case shall exceed
one year.
[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.
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.
Any person conducting open-air sales shall comply
with all provisions of the Zoning Code pertaining to open sales.
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.