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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)
A. Investigation: Upon receipt of an application for a license, the City Clerk's Office shall cause an investigation to be made to the extent necessary to determine whether the applicant is qualified to hold a vendor, solicitor or temporary merchant license.
B. Qualifications: No applicant or licensee shall be issued a vendor, solicitor or temporary merchant license unless that person meets all of the qualifications and has none of the disqualifications set forth in chapter 1, article A of this title, and this chapter.
C. Issuance: If the applicant meets all of the qualifications and has none of the disqualifications, the City Clerk shall issue, upon application and payment therefor, a vendor, solicitor or temporary merchant license. (1952 Code § 5-12-06; amd. 2019 Code)
Before any license as provided herein shall be issued for engaging in the business of vendor, solicitor or temporary merchant, as defined in section 3-2-5 of this chapter:
A. Individual: Every applicant plying his trade as an individual shall file with the City Clerk a bond in the amount of one thousand dollars ($1,000.00).
B. Associations, Corporations: Every business association, company or corporation which has employees or agents acting in the capacity of vendor, solicitor or temporary merchant, shall file with the City Clerk a bond covering all such employees in the amount of one thousand dollars ($1,000.00) per employee, up to a maximum bond amount of five thousand dollars ($5,000.00).
C. Form Of Bond: The bond may be in form of a surety bond issued by a company licensed to issue insurance in the State, a money order or cashier's check payable to the City, or cash delivered to the City Clerk. The bond shall protect against any and all claims against the vendor, solicitor or temporary merchant arising during the effective dates of the license issued under this chapter and filed with the City Clerk within sixty (60) days of the expiration of any such license.
D. Notification To Customers Regarding Claims: Vendors, solicitors and temporary merchants shall notify each customer that they are bonded, and that any claim may be presented to the City Clerk's Office located at 150 N. Capitol Blvd., Boise, Idaho, during regular business hours. Vendors, solicitors and temporary merchants maintaining a stationary location through the term of the license may satisfy this requirement by a notice conspicuously posted near the point of sale.
E. Return Of Bond: After expiration of a license, the City Clerk shall, upon application of the licensee, return the bond to the person designated in the application sixty (60) days after receipt of application for return, unless the Clerk has been notified of the pendency of any claim or cause of action by any person upon the bond. If the Clerk receives notice of a claim, the bond shall not be released except as directed by a court or the persons submitting the claim.
F. Waiver Of Bond: After being licensed for two (2) consecutive years without claims against the bond, the above bonding requirements will be waived. (1952 Code § 5-12-08; amd. 2019 Code)
A. Content Of Issued License: The City Clerk shall notify the applicant whether the license request is approved and shall issue a license. Such license shall show the name, photograph of said licensee, the type of license issued, and the date of expiration.
B. Exhibition: The license issued to the licensee hereunder by the City Clerk shall be exhibited in a conspicuous place if the licensee is using a vehicle or a building in his business, and otherwise must be displayed on the outside garment of the individual during hours of operation. (1952 Code § 5-12-09; amd. 2019 Code)
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