[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland 6-26-2003 by Ord. No. O2003-04. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The Town Clerk of Oakland, or his or her designee.
A useful item with physical properties that can be transported.
The Town Council of Oakland.
Any police officer, any code enforcement officer, Mayor,
or Council President.
Any person who leases or occupies any space or location in
any building or structure within the Town, for a period of not more
than six weeks' duration, for the purpose of selling or offering to
sell commodities and/or services of any type.
The Mayor of Oakland.
Any association or organization which, in accordance with
United States Internal Service Regulations, distributes no part of
its income to its members, directors, or officers and which is established
for a civic, educational, cultural, religious, social, political,
scientific, philanthropic, or charitable purpose.
Any person who sells or offers to sell commodities and/or
services of any type from place to place, or from house to house,
or on the streets, or in any other public place, or who, without traveling
from place to place, sells or offers to sell commodities and/or services
of any type from a wagon, vehicle, boat, or other movable structure.
Any individual, corporation, company, partnership, firm,
trust, institution, association, organization, or any other legal
entity.
Any work or act capable of being performed for a fee or donation.
Any person owning or operating a store, restaurant or shop
from a permanent structure in the Town.
License issued by the Town Clerk to do business as a peddler,
hawker, vendor, or itinerant merchant.
It shall be unlawful for any person to engage, within the corporate limits of the Town of Oakland, in business as a peddler, hawker, vendor or itinerant merchant, as defined in § 207-1, without first obtaining a vendor license from the Town Clerk.
A separate vendor license shall be required for each individual who is in business as a peddler, hawker, vendor, or itinerant merchant, as defined in § 207-1, unless all sales take place within a temporary movable structure which would require only one vendor license issued to the manager or supervisor.
During events within the corporate limits of
the Town, the Mayor and Town Council reserve the right to regulate
issuance of said licenses in such a way as to control the competition
in the same type of commodities; over saturation could create a condition
where it would not be financially viable and/or profitable for any
vendor to apply for such license and offer such commodities at such
events.
Persons engaged in any of the following activities
are exempt from the requirement of a vendor license:
A.
Businesses at a permanent location that are intended
to be permanent or ongoing for a year;
B.
Selling commodities and/or services directly to manufacturers,
wholesalers, or retailers for use in their business or for resale;
C.
Selling fresh fruits, vegetables, or other perishable
food products if the seller took any part in the production of said;
D.
Sales made by an auctioneer;
E.
Any sales ordered by any judicial process;
F.
Sales by a nonprofit organization;
G.
Sales by volunteer fire and rescue companies;
H.
Selling of Christmas trees, cards, greens, holly,
and wreaths;
I.
Selling of religious goods;
J.
Conducting a yard, garage, or attic sale at a person's
residence, not more than four days within a twelve-month period;
K.
Minors conducting sales of commodities from their
place of residence, not more than 50 days in a twelve-month period;
L.
Taking orders for or making delivery of newspapers,
magazines, milk, dairy products, bakery goods, ice, fuel or fuel supplies;
and
M.
Sales at residential premises pursuant to an invitation
by an owner or occupant of the residential premises.
An applicant for a vendor license shall file
a written sworn application on forms provided by the Mayor and Town
Council with the Clerk, accompanied by a nonrefundable fee and if
required deposit set by resolution, signed by the applicant containing
the following:
A.
The name, local and permanent addresses, and telephone
number of the person to be licensed;
B.
If the applicant is not going to be managing or supervising
the business to be licensed, or in the case of any firm or corporation
to be licensed, the name or names of all individuals, and their addresses
and telephone numbers, who will be conducting, managing, supervising,
or administering the business for or on behalf of the applicant;
C.
If the applicant proposes to sell or offer for sale
commodities and/or services from a fixed location, the place or places
within the Town where it is proposed to carry on the applicant's business,
the hours and days during which the applicant(s) proposes to conduct
business from the location, and the length of time during which it
is proposed that the business shall be conducted from the location;
D.
If the applicant proposes to sell or offer for sale
commodities and/or services from house to house, or from place to
place, a statement or description of the area or areas of the city
which the applicant proposes to conduct the business, a statement
or description of any routes of travel to be followed, and if sales
are to be made from a wagon, vehicle, boat or other movable structure,
a complete description of it, including any federal or state registration
number, and the license numbers of all vehicles to be used in the
business;
E.
A statement or description of the nature and character
of the business to be conducted and the commodities and/or services
sold or offered for sale by the applicant;
F.
A statement as to whether or not the applicant, or
any person who will be conducting, managing, supervising, or administering
the business for or on behalf of the applicant, has been convicted
of any crime or any municipal code or ordinance, and if so, the nature
of the offense, the jurisdiction in which the offense was heard, and
the nature of the punishment or penalty assessed;
G.
Two photographs, at least two inches by two inches
in size, showing head and shoulders of the individual in a clear and
distinguishing manner, for each individual applicant and for any person
who will be conducting, managing, supervising, or administering the
business for or on behalf of the applicant; and
H.
Any other reasonable information as to the identity
or character of the applicant or any other individuals who will be
conducting, managing, supervising, or administering the business for
or on behalf of the applicant, or the method or plan of conducting
business, as the Clerk may deem necessary and proper, in order to
determine the fitness of the applicant to have the vendor license
issued, for the protection of the public health, safety, and welfare.
Upon receipt of an application for a license
under the provisions of this chapter, the Clerk or his or her designee
shall complete an investigation of the facts submitted and shall include
whether or not the applicant has operated in the Town before and whether
they completed and paid all previous fees in a timely manner. This
information must be provided to the Mayor in not more than 10 days
after the filing of a completed application.
In the event that any applicant shall intentionally
misrepresent any facts or information required, they shall not be
issued a license, or if such misrepresentation is later discovered,
the license issued hereof shall be forfeited.
The Mayor, or the Council President if the Mayor
is unavailable, upon receiving the report from the Clerk or designee
on or before the tenth day, will have till the 14th day to make a
decision on whether a license will be issued. In the event that the
decision is to reject a vendor, the Mayor or Council President shall
notify the Council members through memorandum the particulars of the
case and his decision.
No peddler, hawker, vendor or itinerant merchant
shall conduct business outside the hours of 9:00 a.m. till 7:00 p.m.
unless stated otherwise on license.
It shall be unlawful for licensed peddlers,
hawkers, vendors, or itinerant merchants to conduct business at sites
restricted by resolution of the Town Council.
It shall be unlawful for any person to transfer
a vendor license to any other person.
Upon approval of the application, a person receiving
a vendor license from the Mayor and Town Council of Oakland shall
sign an agreement indemnifying and holding harmless the Mayor and
Town Council of Oakland for any injury to any person as a result of
the negligence of the peddler, hawker, vendor, or itinerant merchant.
The Mayor and Town Attorney are directed to prepare a written agreement to be executed by accepted vendors at the time of the issuance of the license consistent with § 207-13.
The site or location of a temporary sale shall
be kept clean and free from litter at all times. If any trash is produced
in any part of the sale, trash collection containers must be conveniently
placed to minimize litter. Any litter, which shall fall on the property
of another, shall be removed immediately. Upon the conclusion of the
temporary sale, the licensee shall be responsible for the removal
of all litter and trash from the site and adjacent property not later
than one day after the sale ends. If the licensee fails to do so,
the Town of Oakland may remove such trash or litter and charge the
cost thereof to the licensee.
Every peddler, hawker, vendor, or itinerant
merchant shall carry his or her license at any time he or she is engaged
as a hawker, peddler, vendor, or itinerant merchant or shall display
said license on the site of the business. Additionally, he or she
shall show his or her license to anyone who shall demand it while
he or she is so engaged. If a license is issued to a supervisor of
the temporary movable structure, said license must be posted on the
structure.
A.
Any enforcement officer of the Town of Oakland may
revoke any license upon finding that the peddler, hawker, vendor,
or itinerant vendor engaged in the following:
(1)
Withheld or falsified any information required to
obtain the vendor license;
(2)
Perpetrated fraud or willful misrepresentation;
(3)
Violated any provision of this chapter;
(4)
Committed any unlawful act;
(5)
Refused to leave any private property immediately
when requested to do so by the owner-occupant; or
(6)
Conducted business in an unsafe manner as to constitute
a menace to the health, safety, or the general welfare of the public.
B.
Any license that has been revoked must be immediately
returned to the enforcement officer.
Any person aggrieved by the Mayor, or the Council
President if the Mayor is unavailable, in the denial of an application
for a vendor license as outlined in this chapter or in decision with
reference to the revocation of a license as outlined in this chapter
shall have the right of appeal to the Town Council, within 14 days
after notice of the action complained of has been mailed to such person's
last known address, a written statement setting forth the time and
place for such appeal. The decision and order of the Town Council
on such appeal shall be final and conclusive, and shall require a
two-thirds vote of Council members.
Any person violating any of the provisions of this chapter shall be deemed guilty of a municipal infraction subject to the maximum fine established pursuant to Chapter 40, Municipal Infractions. Each day a violation continues shall constitute a separate or repeat offense.
This chapter shall be known as the "Vendor Ordinance"
and may be cited as such.
