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In addition to the restrictions contained in this chapter, all vendors, solicitors and temporary merchants must comply with the following restrictions in order to vend in the Downtown Business Improvement District (Downtown BID), unless exempted by a special events permit:
A. Street Vending Prohibited: Street vending is prohibited in the Downtown BID.
B. Sidewalk Vending: Mobile vending carts and trailers are prohibited from selling within the specific area of Main and Idaho Streets between Fourth and Eleventh Street, and Sixth Street between Idaho and Grove Streets, unless selling from a designated vending location that is designated with the symbol "IVL" (identified vending location). IVLs may be determined and marked, moved, removed or restricted by hours and days of operation by administrative order of the City Clerk, as set forth in subsection C of this section. A map indicating all Downtown BID IVLs can be obtained at the City Clerk's Office located at 150 N. Capitol Blvd., Boise, Idaho, 83702.
C. Determining Identified Vending Locations (IVLs): The City Clerk's Office, together with the Ada County Highway District (ACHD) and Capital City Development Corporation (CCDC) will identify locations that are compatible with the public interest in the use of the sidewalk areas as public rights- of-way. The City Clerk's Office shall determine and mark each IVL, and may move, remove or restrict by hours and days of operation. For each IVL location, the City Clerk's Office shall consider, among other factors: the width of sidewalk, the proximity and location of intersections, crosswalks, driveways, doorways, police or fire stations, hospitals, schools, parks, fire escapes, trees, bus stops and shelters, truck loading zones, taxi stands, hotel zones, existing street fixtures, such as signposts, lampposts, parking meters, fire hydrants, benches, phone booths, and the known pedestrian congestion of a particular area to determine if the IVL will provide for adequate public safety and pedestrian flow twenty four (24) hours a day.
D. IVL Regulations:
1. IVLs are available on a first come, first serve basis.
2. Only one vending cart may occupy an IVL at one time.
3. A mobile vending cart occupying an IVL that is unable to conduct business shall be removed after fifteen (15) minutes.
4. Beginning at six o'clock (6:00) A.M., the first properly licensed mobile vendor that positions his or her cart over the IVL may maintain that position until three o'clock (3:00) A.M. the following morning or five o'clock (5:00) A.M. on Saturday and Sunday, except as provided herein.
5. Any IVL which is designated as a "restricted IVL" by administrative order of the City Clerk, shall be prohibited from use by all vendors, solicitors and temporary merchants between the hours of nine o'clock (9:00) P.M. on Friday and Saturday evenings until five o'clock (5:00) A.M. the following morning.
E. Display Of License, Permit: No person shall use a mobile vending cart while engaged in sidewalk vending within the Downtown BID without displaying thereon, in a conspicuous manner, all applicable licenses and permits. (1952 Code § 5-12-13; amd. 2019 Code)
In addition to those acts set forth in section 3-1A-28 of this title, it shall be unlawful for any person to:
A. Failure To Comply: Fail to comply with any of the requirements and restrictions set forth in this chapter;
B. Misrepresentation: Misrepresent the purpose of, or affiliation of those engaged in, the solicitation;
C. Continue Efforts: Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor;
D. Represent Endorsement: Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation;
E. Posted Premises: Enter upon any premises when the same is posted with a sign stating "No Peddlers Allowed" or "No Solicitation Allowed" or other words to such effect; or
F. Fraud, Misrepresentations: Commit fraud, make misrepresentations or false statements in the course of carrying on the business. (1952 Code § 5-12-14; amd. 2019 Code)
The buyer shall have the right to cancel the door-to-door sale within three (3) business days. A business day is any calendar day, except Sunday, or the following holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. (1952 Code § 5-12-15)
Except as otherwise provided herein, the procedures for denial, suspension, revocation and appeal of a license shall be as set forth in chapter 1, article A of this title. (2019 Code)
Any person, business, firm, company or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this Code. Each day a violation is continued shall be a separate offense. (1952 Code § 5-12-20; amd. 2019 Code)