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Home My WebLink About2339• ORDINANCE NO. A5 ?9 AN ORDINANCE of the City of Port Angeles establishing a business license requirement and related regulations for transient merchants and adopting a new chapter, 5.58, in the Port Angeles Municipal Code. WHEREAS, there is an ever - increasing number of transient merchants doing business in Port Angeles; and WHEREAS, a reporting mechanism for transient merchants in the form of a business license will help to address consumer protection concerns related to transient merchants and the sales tax registration concerns of the City Clerk; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. There is hereby adopted a new Chapter 5.58 in the Port Angeles Municipal. Code as follows: Chapter 5.58 TRANSIENT MERCHANTS Sections: 5.58.010 Purpose 5.58.020 Definitions 5.58.030 Applicability; Exemptions 5.58.040 Area Restrictions 5.58.050 License Required 5.58.060 License Application 5.58.070 False Statements 5.58.080 Regulations 5.58.090 Re- Registration 5.58.010 Purpose. This Chapter is an exercise of the police power of the City and is necessary for the protection of the public health, safety and welfare of the Citizens of Port Angeles, through the reporting mechanism of a business license for transient merchants. -1- 5.58.020 Definitions. As used in this Chapter, the term "transient merchants" shall mean all persons, partnerships, corporations and any legal entity of whatsoever nature or kind, and their principals and agents, who engage or conduct in the City of Port Angeles, either in one locality or in traveling from place to place, a temporary or transient business for the purpose of selling, renting, or soliciting orders for the sale of services, goods, wares, merchandise or products of whatsoever nature or kind, with the intention of continuing in said business in the City of Port Angeles for a period of not more than one year, and who, for the purpose of carrying on such business, hire, rent, lease, use or occupy, in whole or in part, any room, including but not limited to rooms or halls in motels, hotels or other lodging houses, buildings, public auditoriums, civic centers, any lot or parcel of land, any motor vehicle or non - motorized vehicle or cart, including but not limited to automobiles, trucks or boats, or who use or occupy any street, alley, road, park or public tacilities or public space of whatsoever nature or kind, for the purpose of exhibition and sale or rental of such services, goods, wares and merchandise. 5.58.030 Applicability; Exemptions. A. The provisions of this Chapter shall not apply to the following: 1. Sales or service representatives selling or renting services, goods, wares or merchandise to local businesses; 2. Bona fide sales or rentals of services, goods, wares or merchandise for future delivery in interstate commerce, where either no measurements or design specifications are made or prepared in the City, or where no payment or deposit is collected in the City as a condition for the placement of orders, or where no license may be collected under the provisions of the Constitution or laws of the United States; -2- 3. Any sales or rentals of services, goods, wares or merchandise as defined herein, or exhibition thereof on the Clallam County Fair Grounds during the continuance of the annual County Fair; 4. Any sales or rentals by any non - profit organization or society acting for charities, religious or other public purposes, where such charitable organization has registered pursuant to Chapter 19.09 RCW, as now enacted or hereafter amended. B. The promotor, sponsor or other person, firm, corpora- tion or legal entity of whatsoever nature or kind organizing a convention, show or sale, which convention, show or sale includes ten or more transient or temporary dealers, merchants or exhibi- tors, shall obtain a license under this Chapter to cover all dealers involved in said convention, show or sale. C. Conventions of religious, civic, charitable or benevo- lent groups, non - profit trade associations, concerts and cultural events shall be exempt from this Chapter. D. Transient dealers, vendors or merchants participating in a convention, show or sale licensed hereunder shall not be required to have separate transient merchants' licenses. E. Peddlers and hawkers, as defined in and governed by Chapter 5.56 PAMC, and second hand dealers, as defined in and governed by Chapter 5.44 PAMC, shall not be considered as transient merchants under this Chapter. 5.58.040 Area Restrictions. All transient merchants licensed under this Chapter shall locate their businesses in compliance with the Zoning Code of the City of Port Angeles. 5..58.050 License Required. No transient merchant shall engage in such business within the City of Port Angeles without tirst obtaining a business license from the City Clerk, as governed by and provided for in Chapter 5.04 PAMC. 5.58.060 License Application. Applicants for a license under this Chapter shall file with the City Clerk a sworn application in writing on a form to be furnished by the City Clerk which shall give the following information: A. The name and address of the applicant and also the name of the true owner if the applicant is not such true owner of the services, goods, wares or merchandise to be sold or exhibited for sale or rent. B. The name and address of the employer of the applicant or the persons with whom the applicant is associated and the length of such employment or association. C. The place or residence and nature of employment of the applicant during the preceding twelve months and place of business of same during said period. D. An estimate of the length of time and a statement of the exact location or parts of the City in which the applicant will pursue the activities in question. The exact address and owner of the property in question shall be designated and furnished. E. The names and addresses of at least three persons who have known the applicant for at least one year and from whom the applicant is willing that inquiry may be made to verify the facts stated by the applicant. F. Washington State Retail Sales Tax Number. G. A description of the services, goods, wares or merchandise, which the applicant intends to offer for sale or rent. H. Such other information as the City Clerk may prescribe. 5.58.070 False Statements. The City Clerk or his /her duly authorized agent or representative shall attempt to verify the statements contained in the application ror the license by the applicant. In the event that there are any false statements contained in said application, then the license required hereun- der may be denied. -4- 5.58.080 Regulations. A. It is unlawful for any transient merchant to make exclusive use of any location on any street, alley, sidewalk or right -of -way for the purpose of selling, renting, delivering or exhibiting goods or merchandise without a street or sidewalk obstruction permit as provided for zn Chapter 11.12 PAMC. S. It is unlawful for any transient merchant to operate in a congested area where such operation may impede or inconvenience the public use of such street, alley, sidewalk or right -of -way. For the purpose of this Chapter, the judgment of a police officer, exercised in good faith, is conclusive as to whether the area is congested and the public impeded or inconvenienced. C. It is unlawful for any transient merchant to occupy any property or structure for the purpose of selling , renting, or delivery of goods, wares or merchandise within the City without prior approval of said structure or property by the City. It is the responsibility of the licensee to assure that approval of each specific structure or property is clearly listed on any license issued under this Chapter. 5.58.090 Re- Registration. Whenever a licensed transient merchant ceases business in Port Angeles for a period of thirty (30) days or more, upon resumption of business, said transient merchant shall re- register by notifying the City Clerk in writing; provided that any such re- registration shall not be valid beyond the one -year license term provided tor in PAMC 5.04.890. Section 2 Severability. If any provisions of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances is not affected. Section 3 Effective Date. This Ordinance shall take effect as provided by law. -5- PASSED by the City Council of the City of Port Angeles at a regular meeting of saia Council held on the , 1984. • ATTEST: 1 _ Mer i A. Lannoye, City ( lerk APPROV AS TO FORM: Craig D.-sktiutson, City Attorney PUBLISHED: • day of l'�'el4�J uolla1ak,_ MAYOR