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A. Purpose: The purpose of this chapter is to protect the health, safety and welfare of the City and its residents.
B. Intent: This chapter is not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities which are commercial in nature. (1952 Code § 5-12-01)
For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
ADA COUNTY HIGHWAY DISTRICT (ACHD): The Ada County Highway District has jurisdiction over public streets and sidewalks in Ada County, Idaho.
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (DOWNTOWN BID): Area bounded by State Street, Fourth Street, Myrtle Street and Thirteenth Street in Boise City, Idaho.
IDENTIFIED VENDING LOCATION (IVL): Marked location in the Downtown BID where a licensee may vend.
MIDBLOCK CROSSWALK AREA: The sidewalk area which falls between the two (2) lines fifteen feet (15') beyond each side of a marked midblock crosswalk area (identified by the crosswalk lines delineated on the street pavement) and perpendicular to the curb.
MOBILE VENDING CART: A movable push cart that is operated by a vendor standing on the sidewalk.
MOBILE VENDING TRAILER: A mobile trailer operated by a vendor standing on or within the frame of the trailer on the public right-of-way between the curb lines.
MOBILE VENDING VEHICLE: A motorized vehicle operated by a vendor standing on or within the frame of the vehicle on the public right-of-way between the curb lines.
PUBLIC SAFETY OFFICER: A City Licensing Officer, firefighter, police officer or meter monitor.
SIDEWALK: That portion of the public right-of-way which is between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians in public places of Boise City.
SIDEWALK VENDING: The peddling, vending, selling, displaying or offering for sale any item of tangible personal property or other thing of value from a mobile vending cart by a vendor to persons on the public rights-of-way, including sidewalks.
SOLICITOR: An individual who is taking or attempting to take, in person door-to-door, orders for sale of food, beverages, goods, merchandise or services to be furnished or performed in the future, regardless of whether he/she is collecting advance payments on such sales. Such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure or motor vehicle within the City for the purpose of exhibiting samples and taking orders for future delivery for door-to-door sales.
SPECIAL EVENT: The temporary use, with a valid permit, of public property, including streets, beaches, parks, community centers and waterways, for the purpose of conducting certain short term events, such as art shows, music concerts, fund raising events, sidewalk sales, amusement attractions, circuses, carnivals, rodeos, swap meets, sporting events and including, but not limited to, organized float trips, contests, street dances, tournaments, walkathons, marathons, races, exhibitions or related activities.
STREET CORNER AREA: The sidewalk area at the intersection of two (2) streets, circumscribed by curbs, the property lines abutting the sidewalk area, and the line including the point along the curb of the street either fifteen feet (15') from the outside line of a corner crosswalk, or where there is no marked crosswalk, twenty five feet (25') from the curb line on the midpoint of the intersecting streets.
STREET VENDING: The peddling, vending, selling, displaying or offering for sale any item of tangible personal property or other thing of value from a mobile vending trailer or vehicle situated on the public rights-of-way between the curb lines by a vendor to persons on the sidewalk.
TEMPORARY: Six (6) months or less.
TEMPORARY MERCHANT: Any person, whether owner or otherwise, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares, merchandise and services within the City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure or motor vehicle within the City for the exhibition and sale of food, beverages, goods, merchandise or services.
VENDOR: Any business, whether owned and/or operated by an individual, group of individuals, partnership or corporation, who sells or offers to take orders or sell food, beverages, goods or merchandise from a mobile vending cart, mobile vending vehicle or mobile vending trailer, or any other type of conveyance or from one's person. The word "vendor" shall include the words "hauler", "huckster" and "peddler".
(1952 Code § 5-12-02; amd. 2019 Code; Ord. 9-24, 3-26-2024)
It shall be unlawful for any vendor, solicitor or temporary merchant, as the same are defined in section 3-2-5 of this chapter, to engage in such business or to employ another in such business within the corporate limits of the City without first obtaining a license from the City Clerk's Office in compliance with the provisions of chapter 1, article A of this title, and this chapter. All vendors, solicitors or temporary merchants must meet all applicable City, State and Federal law licensing requirements, including all Central District Health Department regulations and requirements, to be issued and to maintain a City issued license. (1952 Code § 5-12-03; amd. 2019 Code)
The provisions of this chapter shall not apply to:
A. Court Ordered Sales: Any sales under court order;
B. Traveling Salespersons For Local Businesses: Traveling salespersons, commercial travelers or the like who exclusively or primarily sell to, or solicit orders for, future delivery from local retailers, local businesses, local governments, local schools or local wholesale firms;
C. Farm, Garden Products: The sale of farm or garden products by the person producing the same;
D. Newspaper Subscriptions: The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;
E. School Students, Fundraising: The occasional sale of admission by local school students to a function of their school; or fundraising sales by local service clubs or groups such as Elks, Kiwanis, Lions, Boy or Girl Scouts;
F. Political Funds, Membership: Any political group seeking funds or membership;
G. Garage, Yard Sales: Garage, yard or similar sales by individuals at their residence or place of business not exceeding two (2) separate sales in one calendar year, not to exceed three (3) days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale;
H. Tax Exempt Organizations: Any organization exempt from taxation as provided by 26 USC 501 and meeting all the requirements for the exemptions provided in that chapter;
I. Special Events: Any activity conducted pursuant to a special events permit. (1952 Code § 5-12-04)
All vendor, solicitor and temporary merchant applications and renewals shall comply with the minimum license application requirements set forth in chapter 1, article A of this title, and be submitted to the City Clerk's Office. In addition to those requirements set forth in chapter 1, article A of this title, the following information shall be supplied:
A. Persons Named: If the applicant is an association, company or corporation, then it shall state its name along with the names and descriptions of the persons who will be soliciting in the City;
B. Description: A brief description of the nature of the business and the goods to be sold;
C. Employer Information: If employed, the name and address of the employer, together with credentials establishing the exact relationship between the employer and the applicant;
D. Method Of Operation, Length, Vehicle: The proposed method of operation, length of time for which the right to do business is desired and if a motor vehicle is to be used, a description of the same, together with license number or other means of identification;
E. Location; Delivery: The place where the goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery; and
F. Food Products: When the applicant proposes to peddle any prepared food product for human consumption, all required documentation issued by the Central District Health Department shall be posted on site and maintained throughout the duration of a license.
(1952 Code § 5-12-05; amd. 2019 Code; Ord. 9-24, 3-26-2024)
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