(A) Purpose and intent. The purpose of this section is to establish minimum guidelines for transient (i.e. temporary, mobile) merchants wishing to conduct business within the City of Dilworth. This section provides requirements that promote the health, safety, morals, and general welfare of the citizens of Dilworth, Minnesota and establish reasonable and uniform regulations for transient merchants.
(B) Definitions.
TRANSIENT MERCHANT/BUSINESS. Includes any person, individual, co-partnership, limited liability company, and corporation, both as principal and agent, who engage in, do, or transact any temporary and transient business in Dilworth, MN, either in one locality, or in traveling from place to a place within Dilworth, selling goods, wares, and merchandise; and who, for the purpose of carrying on such business, hire, lease, occupy, or use a building, structure, vacant lot, or railroad car for the exhibition and sale of such goods, wares, and merchandise. The term TRANSIENT MERCHANT does not include a seller or exhibitor in a firearms collector show involving two or more sellers or exhibitors.
(C) Procedure for operating as a transient merchant. The following will apply to transient merchants within any of Dilworth's commercial or industrial zoning districts (zones C-1, C-2, C-3, I-1, and I-2). Transient merchants are prohibited in all other zoning districts:
(1) Anyone wishing to operate a transient merchant must first obtain a permit from Dilworth City Hall. No person shall operate as a transient merchant in the city without an issued permit. Said permit will cost $200 (non-refundable) and go into the City of Dilworth's general fund revenue.
(2) The permit will be reviewed by Dilworth staff to ensure zoning compliance.
(3) If during the time the permit is in effect the transient merchant fails to maintain the required conditions pursuant to this section, the City of Dilworth may revoke the permit and the transient merchant activity shall be terminated.
(4) Transient merchants may appeal a City of Dilworth zoning action in accordance with § 153.025.
(D) Required conditions. Approval of a transient business permit is subject to the following conditions:
(1) Transient merchants are permitted in all commercial and industrial zoning districts (C-1, C-2, C-3, I-1, and I-2).
(2) A copy of a lease agreement, deed, or similar document from the property owner is required.
(3) All signage must comply with § 153.064.
(4) Transient merchants may not be permitted at a location more than 90 days per calendar year. The owner/operator may reapply for a permit at the end of their duration, but the transient merchant must be relocated at a minimum of 1000 feet (measured in radial distance) from the prior location.
(5) A site plan must be submitted for review and approval. The site plan shall include a mapped location of the proposed business, including existing parking spaces, roadways, sidewalks, and buildings; it should also entail measurements of distance from proposed display/enclosure to nearby parking spaces, roadways, sidewalks, setbacks, and buildings. Aerial photography, existing surveys, or plat will suffice for this purpose. The site plan shall include any photography of tents, trailers, stands, and the like that will be used. The City of Dilworth has the right to review and/or reject any site plan submitted. Once approved by the city, all site plans must be maintained by the transient merchant with the duration of the permit. Any deviation from the site plan by the transient merchant may result in revocation of the permit and the business activity shall be terminated.
(6) If a transient merchant distributes or prepares food products, a copy of a permit issued by Clay County Environmental Health is required to be kept on file. Revocation of the permit will constitute revocation of the transient merchant license.
(7) The provisions of this chapter shall not apply to any general sale, fair, auction, Loco Daze, or bazaar sponsored by any religious, education, public service, or charitable organization.
(8) Failure to comply with this chapter is subject to the "Violations" division of the City of Dilworth Zoning Ordinance (§ 153.020).
(Ord. passed - -)