TITLE 4
BUSINESS REGULATIONS

CHAPTER 1
PEDDLERS AND SOLICITORS

SECTION:

4-1-1: Title; Purpose

4-1-2: Definitions

4-1-3: Permits Required

4-1-4: Exceptions

4-1-5: Issuance Of A Permit

4-1-6: Permit Fees

4-1-7: Restrictions

4-1-8: Unlawful Conduct

4-1-9: Suspension, Revocation Of Permit

4-1-10: Expiration Of Permit

4-1-11: Penalty

4-1-1: TITLE; PURPOSE:

   (A)   Short Title: This Chapter shall be known as the VENDORS PERMIT ORDINANCE FOR THE CITY OF CASCADE.

   (B)   Purpose,

      1.   Purpose: The purpose of these regulations is:

         (a)   To reasonably regulate the adverse effects of transient, temporary or seasonal businesses upon the City.

         (b)   To reasonably regulate regulation of vending on public ways and private property is necessary to protect the public health, safety, and welfare.

         (c)   To reasonably regulate the risks towards public health, safety, and welfare by the regulation of off-site vendors operating inside the city.

         (d)   To reasonably regulate vendors to ensure that any stand or structure design and construction for purpose of vending is safe, orderly, and provides for safe and adequate pedestrian and vehicular traffic.

         (e)   To reasonably regulate vendors to protect and conserve the economic base of the community, including property values.

         (f)   To reasonably regulate the number of vendors on public and private property which requires balancing community and visitor expectations, service demands, and the promotion of community vibrancy in appropriate locations throughout the City.

         (g)   To reasonably regulate a permit system to allow temporary conduct of business by vendors on public ways and private property.

         (h)   To reasonably prohibit all uses not expressly permitted by this Chapter.

         (i)   To reasonably enforce the provisions of this Chapter.

   (C)   Enforcement:

      1.   Authority: The City Code Enforcement Officer, their designee, or a law enforcement official when applicable is hereby authorized and directed to enforce all the provisions of this Chapter.

      2.   Notification: Any vendor operating without the appropriate permit and fee shall be notified by the City Code Enforcement Officer, their designee, or a law enforcement official when applicable to cease business operations until the appropriate permit is obtained and fees paid. Those vendors which are operating illegally shall be guilty of an infraction and shall be punished by a fine as established per resolution. Each day a violation continues shall be a separate offense punishable as herein above provided.

   (D)   Severability: The provisions of this Chapter are hereby declared to be severable and if any provisions or the application of such provisions to any person or circumstances is declared invalid, for any reason, such declaration shall not affect the validity of the remaining portions of this Chapter. (Ord. 575, 11-22-1999; amd. Ord. 709, 3-22-2021)

4-1-2: DEFINITIONS:

CANVASS:	To solicit votes, opinions, sales orders, etc.
CANVASSER:	One who solicits votes, opinions, sales orders, etc.
HAWK:	To peddle or offer for sale, especially by calling aloud in public.
HAWKER:	A person who hawks wares - retail dealer.
ITINERANT VENDOR:	One who travels from place to place to sell goods or to conduct business.
NOT FOR PROFIT ORGANIZATION:	Any organization exempt from taxation as provided by 26 USC 501(c)(3) and (4) and meeting all the requirements for the exemptions provided by 26 USC 503.
OFF SITE LOCATION:	To engage in or conduct business outside of any permanent building and/or deck or courtyard accessory to a permanent building. Subject buildings and/or accessory decks and courtyards shall not include any public way within the City of Cascade, Idaho. "Off-site location" includes vacant land. "Off-site location" shall include, but not be limited to, trailers, stands, booths, on foot or from any vehicle, bike or any other type of conveyance.
PEDDLE:	To carry goods (especially small articles) from place to place for sale; hawk.
PEDDLER:	A person who sells from door to door, in the street or in a public place (right of way), and for the purpose of this Chapter shall include, but not be limited to, hawker, solicitor, itinerant merchant, temporary merchant.
PERMANENT:	Existing perpetually; everlasting, intended to serve, function, etc., for a long indefinite period. To remain.
PUBLIC WAY:	All areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, public rights-of-way, and parking lots, as well as the interior and areas surrounding public buildings or other places owned in fee by the City of Cascade, Idaho, or in, on or over which an easement exists in the name of or held by the City of Cascade, Idaho, or which exists for the benefit and use of the public.
SOLICIT:	To try to obtain by earnest plea or application to solicit orders or trade.
SOLICITOR:	A person who solicits, as contributions or trade.
STAND:	Any newsstand, table, bench, booth, rack, handcart, tent, pushcart, food trailer, food truck or any other fixture or device which is used for the display, storage or transportation of articles offered for sale by a vendor.
TEMPORARY:	Lasting or effective for a time only. Implies an arrangement established with no thought of continuance with the idea of being changed soon.
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 on public property, or public right of way.
VENDOR:	Every person who offers goods or services for sale or rent, or offers to purchase goods, on the streets, or from a vehicle or a stand, or acts as an itinerant vendor, and who does not have a permanent place of business within the city of Cascade which offers the same type of goods or services for sale or rent; and for the purpose of this Chapter shall include, but not be limited to, peddler, hawker, solicitor, itinerant merchant and excluding from this definition a person whose activities are covered by a concession or lease contract with the city for activities on city property such as a park. (Ord. 575, 11-22-1999; amd. Ord. 709, 3-22-2021)

 

4-1-3: PERMITS REQUIRED:

   (A)   It shall be unlawful for any "vendor" as the same are herein defined, to engage in such business or to employ another in such business within the corporate limits of the City on public property right of way, or any off-site location within the City without first obtaining a permit from the City Clerk's office therefor in compliance with the provisions of this Chapter.

   (B)   Any person who desires to engage in or conduct business at an off-site location shall make application to and receive a vendor's permit from the City Clerk prior to engaging in or conducting business.

   (C)   A separate vendor's permit and fee shall be required for each separate vending stand, such as, but not limited to, each separate tent, cart, or other form of stand.

   (D)   Applications for a vendor's permit will be furnished by the City Clerk and must be filed with the City Clerk by the Applicant not less than seventy-two (72) hours prior to the first day upon which sales are intended to occur.

   (E)   The application of any vendor engaged in the sale of any food or product for human consumption shall obtain certification from the Central Health District prior to issuance of a vendor's permit. (Ord. 575, 11-22-1999; amd. Ord. 709, 3-22-2021)