AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE CHAPTER 8.08, ITINERANT OR TRANSIENT MERCHANT'S LICENSE, AND 8.11, MOBILE FOOD SERVICE.
WHEREAS, the Homer Police Department has been assigned the task of issuing and tracking Itinerant or Transient Merchant's Licenses and Mobile Food Service Licenses; and
WHEREAS, this change in duties and responsibilities from the Planning Department to the Police Department necessitates some amendments.
NOW THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. That Homer City Code Chapter 8.08 is hereby amended to read ad follows:
8.08.010 Definitions. For the purposes of this chapter the following shall mean:
a. "Temporary business" is a business or enterprise that is to be carried on for a period of less than sixty days per calendar year duration within the City.
b. "Transient or itinerant merchant" means any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the municipality or not, who engages in a temporary business of selling and delivering goods, and/or services, wares and merchandise within the City, and who, in furtherance of such purpose, peddles from door to door or hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad car, boat, any room in a hotel, lodging house, apartment, shop, or any street, alley, or other place within the municipality, for the exhibition and sale of such goods, wares and merchandise, and/or the performance of services, either privately or publicly. The person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer, provided the temporary business is conducted in conformance with Chapter 21 of the Homer City Code as it pertains to the residential zones which prohibits selling from homes.
c. "Isolated or casual sales" means the transfer of personal or real property from one individual to another on an occasional basis, for an agreed-upon fee. (Ord. 89-9(A) 1, 1989; Ord. 86-21 1, 1986; Ord. 84-36 1, 2, 1984; Ord. 83-2 1(part), 1983).
8.08.020 Itinerant or transient merchant--License required--Exemptions. It is unlawful for a transient or itinerant merchant, as defined in Section 8.08.010 to engage in business within the City without first obtaining a license therefore in compliance with the provisions of this chapter. The licensing requirements of this chapter do not extend to isolated or casual sales of personal goods, wares, vehicle, animals, etc., or to the sale of similar items at such functions as garage sales, flea
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markets, and bazaars nor to activities conducted at conferences that cater to a specialized audience. A commercial fisherman, who has a valid commercial fishing license issued by the State of Alaska and who has completed and filed with Alaska Department of Fish and Game the forms required to qualify as a "catcher-seller" shall be exempt from this chapter. (Ord. 89-9(A) 1, 1989; Ord. 83-2 1(part), 1983).
8.08.030 Itinerant or transient merchant license--Application. Applicants for an itinerant or transient merchant license, whether a person, firm, or corporation, shall file a written, sworn application signed by the applicant, if an individual, by all partners, if a partnership, and by the president, if a corporation, with the City Planner or designee Homer Police Department, on a form to be furnished by the City Planner or designee Homer Police Department, which shall give the following information:
a. Name and description of the applicant (applicant must produce valid identification with photo affixed thereon);
b. Address, both legal and local;
c. A brief description of the nature of the business and the goods to be sold and in the case of products of farm or orchard, whether produced or grown by the applicant;
d. If employed, the name and address of the employer, together with credentials establishing the exact relationship;
e. The length of time for which the right to do business is desired;
f. If a vehicle is to be used, a description of the same, together with the license number or other means of identification;
g. A photograph of the applicant, taken within sixty days immediately prior to the date of the filing of the application, showing the head and shoulders of the applicant in a clear and distinguishing manner;
h. The fingerprints of the applicant and t The names of at least two reliable property owners of the City, who will certify as to the applicant's good character and business responsibility, or, in lieu of the names and references, any other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
i. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefore and a criminal history background check supplied by the State of Alaska within the preceding thirty days;
j. A copy of the applicant's business license and his certificate of registration for collection of Kenai Peninsula borough sales tax, and when applicable a health certificate, letter of approval or other appropriate notification from state authorities for a food vending business;
k. At the time of filing the application, a fee of ten dollars shall be paid to cover the cost of investigation processing the application;
l. Waiver of objection to criminal history check. By the act of filing, applicant waives all claims he may have arising under any act or principle of common law protecting individual
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privacy, anc consents to an investigation from any source or sources as to criminal history. (Ord 92-21 (part), 1992; Ord. 89-9(A) 1(part), 1989; Ord. 86-21 2, 1986; Ord. 83-2 1(part), 1983).
8.08.040 Referral--Fees. a. Upon receipt of the application described in Section 8.08.030, the original shall be referred to the Director of Public Safety Chief of Police or designee who shall cause an investigation of the applicant's business responsibility and moral character to be made. The application shall be approved or denied by the Director of Public Safety Chief of Police or his designee within forty-eight hours of its receipt.
b. The Director of Public Safety Chief of Police shall find that an application's background is unsatisfactory if:
1. The applicant has been convicted of a felony within the three-year period immediately preceding the date of his application;
2. The applicant has been convicted of a misdemeanor or violation of a municipal ordinance involving a monetary consideration within the same three-year period;
3. The applicant does not have proper business license, certificate of registration for collection of sales tax or health certificate when applicable.
c. If, as a result of such investigation, the applicant's character of business responsibility is found to be unsatisfactory, the Director of Public Safety Chief of Police shall endorse on such application his disapproval and his reasons for the same and shall notify the applicant that his application is disapproved and that no permit and license will be issued.
d. If, as a result of such investigation, the character and business responsibility of the applicant are found to be satisfactory, the Director of Public Safety Chief of Police or designee shall endorse on the application his approval. The City Planner or designee Homer Police Department shall, upon payment of the prescribed fee, deliver to the applicant his license. Such license shall contain the signature and seal of the issuing officer Chief of Police or designee and shall show the name, address and photograph of the licensee, the class of license issued and the kings of goods to be sold thereunder, the amount of fee paid, the operative, as well as the license number and other identifying description of any vehicle used in the business. The City Planner or designee Homer Police Department shall keep a permanent record of all licenses issued.
e. For each license issued hereunder, the fee shall be one hundred dollars per license. For each assistant or sublicense associated with the principal license the fee shall be ten dollars each. (Ord 92-21 (part), 1992; Ord. 89-9(A) 1(part), 1989; Ord. 86-21 3, 1986; Ord. 83-2 1(part), 1983).
8.08.050 License--Revocation. Licenses issued under the provisions of this chapter may be revoked by the Director of Public Safety Chief of Police subject to appeal under Section 8.08.120 for any of the following causes:
a. Fraud, misrepresentation or false statement contained in the application for license;
b. Fraud, misrepresentation or false statement contained in the application for license;
c. Any violation of this chapter;
d. Conviction of any crime or misdemeanor involving moral turpitude;
e. Conducting business hereunder in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. (Ord 89-9(A) 1(part), 1989; Ord. 83-2 1(part), 1983).
8.08.060 License--Expiration. All licenses issued under the provisions of this chapter shall expire sixty days following date of issue. Land uses for which a temporary license is issued must cease upon expiration of the permit including the immediate removal of any temporary structure. (Ord 89-9(A) 1(part), 1989; Ord. 84-36 3, 1984; Ord. 83-2 1(part), 1983).
8.08.070 License--Nontransferable. No license issued under the provision of this chapter shall be used at any time by any person other than the one to whom it was issued. (Ord. 83-2 1(part), 1983)
8.08.080 Exhibition of license. Persons licensed under this chapter shall display their licenses as follows:
a. All door to door vendors and person soliciting or conducting business other than at a fixed business location shall physically wear their permit in plain view attached to their lapel, external jacket, or shirt, at all times while engaged in any business-related public contact. (Note: Clip-on license holders are available for purchase at City Hall to assist vendor's compliance with this provision.)
b. All-other persons shall openly display their license at the front counter (or primary area of public contact) of their business.
c. All licensees shall produce their license for physical examination at the request of any citizen or peace officer authorized to enforce this chapter. (Ord. 89-9(A) 1(part), 1989; Ord. 88-4 1, 1988.)
8.08.100 Use of streets and other public places. No licensee shall have exclusive right to any location in the public streets, nor shall anyone be permitted to operate in any congested area, to include areas designated as public parking, campgrounds, parks or open spaces or where his operation might impede or inconvenience public. For the purpose of this chapter, the judgement peace officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (Ord 90-19(A) 1, 19902; Ord. 89-9(A) 1(part), 1989; Ord. 84-12 1, 1984; Ord. 83-2 1(part), 1983).
8.08.110 Report of convictions for chapter violations. The Director of Public Safety shall report to the City Planner or designee all convictions for violation of this chapter and the City Planner or designee and Director of Public Safety The Homer Police Department shall maintain a record of each license issued and record the reports of violations therein. (Ord 92-21 (part), 1992; Ord. 89-9(A) 1(part), 1989; Ord. 83-2 1(part), 1983).
8.08.120 Appeals from action of Director of Public Safety Chief of Police. Any person aggrieved by the action of the Director of Public Safety Chief of Police in the denial of an application for a permit or license as provided in Section 8.08.040, or in the decisions with reference to the revocation of license as provided in Section 8.08.050, shall have the right of appeal to the City Council. Such appeal shall be taken by filing with the City Council, within fourteen days after the
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action of the Director of Public Safety Chief of Police, a written statement setting forth fully the grounds for appeal. The City Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be mailed to the appellant postage prepaid at his last known address at least five days prior to the date set for the hearing. The decision and order of the City Council on such appeal shall be final and conclusive. (Ord 89-9(A) 1(part), 1989; Ord. 83-2 1(part), 1983).
8.08.140 State laws applicable. Notwithstanding any provisions of this chapter, any peddler operating under any license issued by the City pursuant to this chapter shall not be exempted from any and all licenses, permits, laws, or ordinances as required by the State of Alaska and the Kenai Peninsula Borough. (Ord. 89-9(A) 1(part), 1989; Ord. 83-2 1(part), 1983).
8.08.145 Nonapplicability of chapter. The provisions of this chapter shall not apply to a person who solicits funds for any purpose or disseminates information in connection with an authorized activity of a charitable, religious, political or civic organization of which that person is a member, adherent or representative provided that such activity is carried out in an orderly manner and in no way disturbs the peace or creates a public or private nuisance. (Ord. 89-9(A) 1(part), 1989; Ord. 83-15 1, 1983).
8.08.150 Violation--Penalty. The violation of any provision contained in this chapter shall be punished under Section 1.16.010. (Ord. 89-9(A) 1(part), 1989; Ord. 83-2 1(part), 1983).
Section 2. That Homer City Code Chapter 8.11 is hereby amended to read ad follows:
8.11.010 Applicable state law incorporated. All statutes of the State of Alaska and any rules or regulations adopted by any state agency pertaining to public nuisances, food and food service establishments, public health and public sanitation applicable to a mobile food service, with particular reference but not limited to, Titles 17 and 18, Alaska Statutes, as amended, are incorporated by this reference as though fully set forth in this chapter. (Ord. 83-10(S) 1(part), 1983).
8.11.020 Definition. For the purpose of this chapter, "mobile food service" means a self-contained food service establishment that is designed to be readily moveable from location to location, without being permanently affixed to any site or permanently connected to any water or sewer utility service. (Ord. 84-36 4, 1984).
8.11.030 License--Required. No person ,may operate a mobile food service as defined in this chapter within the City without first obtaining a mobile food service license from the City Planner or designee Homer Police Department. (Ord. 92-21 (part), 1992; Ord. 83-10(S) 1(part), 1983).
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8.11.040 License--Application--Contents. Every application for a mobile food service license shall contain the information Required for applications for a license under Section 8.08.030 and, in addition, every applicant shall submit:
a. Proof satisfactory to the City Planner or designee Homer Police Department that the applicant has obtained the necessary licenses and permits from all governmental agencies having jurisdiction over such business. The applicant shall submit a copy of his state business license with the application.
b. Documentary proof the City Planner or designee Homer Police Department indicating that the mobile food service is covered by liability insurance as follows:
1. Personal injury (each occurrence), one hundred thousand dollars;
2. Aggregate products (each occurrence), one hundred thousand dollars;
3. Property damage (each occurrence), fifty thousand dollars.
c. In addition to such proof of insurance, the applicant shall agree in writing to hold the City harmless against all claims of whatever king including any legal defense costs resulting from the business activities carried on under the mobile food service license. (Ord. 92-21 (part), 1992; Ord. 83-10(S) 1(part), 1983).
8.11.050 License--Application--Referral--Fees. a. Upon receipt of the application described in Section 8.11.040, the original shall be referred to the Chief of Police or designee who shall carry out an investigation, and approve or disapprove such application under the procedures set forth in Section 8.08.040.
b. For each license issued under this chapter, the fee shall be one hundred thirty dollars annually. A twelve-dollar per month discount for the unused portion (counting from the beginning of the year) shall be granted. All licenses expire on December 31st of the year issued. (Ord. 83-10(S) 1(part), 1983).
8.11.060 Applicability and incorporation by reference of sections of Chapter 8.08. Sections 8.08.050, 8.08.070, 8.08.080, 8.08.090, 8.08.100, 8.08.110, 8.08.120 and 8.08.140 are incorporated by this reference and shall apply to licenses obtained under this chapter. (Ord. 83-10(S) 1(part), 1983).
8.11.070 Conduct of business. a. A mobile food service may be operated in conformity with the Homer Zoning Code, from:
1. Private property or leased land, provided the owner or lessor has first granted permission in writing to the operator.
2. Public streets, alleys or rights-of-way at least fifteen feet from the traveled portion thereof, for a period not exceeding twenty-four hours. The Clerk Chief of Police or designee may grant permission to operate for a longer period of designated time.
b. A mobile food service may not be operated in front of or immediately adjacent to an established business offering the same or similar commodities from a fixed location; unless a designated vendor parking area has been named.
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c. No person may operate a mobile restaurant inside the boundaries of a municipal park or campground unless such operation is permitted under ordinance, regulation or other lawful authority.
d. On the Homer Spit, no licensee shall be permitted to operate in any congested area, to include areas designated as public parking, campgrounds, parks or open space or where his operation might impede or inconvenience the public. (Ord. 90-19(A) 2, 1990; Ord. 84-36 5,6, 1984; Ord. 84-12 2, 3, 1984; Ord. 83-10(S) 1 (part), 1983).
8.11.080 Violation--Penalty. The violation of any provision of this chapter shall be punished under Section 1.16.010. (Ord. 83-10(S) 1 (part), 1983).
Section 3. This ordinance is of a general and permanent character and shall be included in the Homer City Code.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this _______ day of ______________, 2001.
CITY OF HOMER
______________________________
ATTEST: JACK CUSHING, MAYOR
________________________________________
MARY L. CALHOUN, CMC, CITY CLERK
YES: _____________________
NO: ______________________
ABSTAIN: _________________
ABSENT: __________________
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and Approved as to form and content:
__________________________________ _________________________________
RON DRATHMAN, CITY MANAGER GORDON J. TANS, CITY ATTORNEY
DATE: __________________ DATE: _________________
Fiscal Note: Revenue and will remain recorded in Permits and Fees.