[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:
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.
The sale of any goods where the goods are not sold from a
permanent or temporary structure, excluding door-to-door sales.
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."
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:
The mobility of the structure.
The ability to use the facility during various
seasons and in various types of weather.
The tax assessment upon the location and whether
such assessment reflects the existence of the structure.
The type and quality of materials used to construct
the structure.
The duration of time a structure has been physically
in place at the location.
Whether site plan approval is required for such
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.
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.
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.
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.
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.[1]
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 conducting open-air sales shall comply
with all provisions of the Zoning Code pertaining to open sales.[1]
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.
