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A. Application: Every person conducting the business of a solicitor, temporary merchant and/or peddler in the city shall make application in writing for a business license.
B. Contents Of Application: Such application shall contain and set forth the following:
1. The name of the business.
2. The kind or type of sales.
3. The place where the sales are to occur.
4. The number of days for which the license should be issued.
5. The names of the persons owning or operating said business.
6. Written permission from the private property owner where the business is to be conducted, if applicable.
7. Make of vehicles to be used, a description of same, together with the license plate number or other means of identification, if applicable.
8. Proof of approval to conduct business by the state department of sales tax.
9. Proof of an approved inspection by the state health department, where applicable.
10. Approval by the police department.
11. Approval by the planning department.
C. Police Department Approval:
1. An applicant for a license under this section must file with the chief of police, at the same time as filing the above referenced application with the city clerk, a sworn application in writing on a form to be furnished by the chief of police. In addition to the application, fingerprinting of the applicant may be required.
2. At time of filing the application with the chief of police, an investigation fee shall be paid by the applicant to the chief of police. Such fee shall be set by resolution of the city council.
3. The police department shall perform a background investigation of the applicant's criminal history and moral character as they deem necessary for the protection of the public good. Such investigation may include, but is not limited to, employment history, criminal record and any other pertinent information or documents required by the police department or city clerk.
4. If, as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall deny approval of the application and shall notify the applicant that his application is denied.
5. In such case where the applicant is denied a business license, the investigation fee shall not be refunded.
D. Planning Department Approval: Outdoor sales shall not interfere with circulation or parking of vehicles in any required parking area.
An applicant for a license under this section must file a detailed site plan of the property with the city planning department for review prior to obtaining a license. The site plan must include the following:
1. All existing buildings and/or structures.
2. Location and configuration of existing parking area(s).
3. Size and location of the proposed display area.
4. Number of parking spaces displaced by the display area.
E. Idaho Street Restriction: Solicitors, temporary merchants and/or peddlers shall not be allowed to display, sell or solicit merchandise for sale within the Idaho Street right of way or within one hundred feet (100'), measured from the centerline of the Idaho Street right of way, on either side where there are no curb and gutter improvements.
1. Exception: An applicant may request a reduction of the required setback of one hundred feet (100') from the centerline of Idaho Street subject to the following:
a. Applicant must demonstrate the means and method(s) to control ingress/egress to the property; and
b. Applicant must demonstrate the means and methods to provide that all parking and backing movements will be conducted on the property; and
In no case shall the reduction of the required setback encroach within the Idaho Street right of way.
F. Advertising: The applicant shall not use off premise or directional signage.
G. Removal Upon Vacation: Any space occupied by a temporary merchant must be completely cleared of all paraphernalia associated with the use as well as all dirt or litter upon termination or vacation.
H. Conditional Use Permit: Temporary merchants who intend on displaying merchandise for sale within the City for a period in excess of thirty (30) days within any calendar year must first secure a conditional use permit pursuant to the provisions of section 3-2-18 of this Code.
I. Business License Fee: Each solicitor, temporary merchant and/or peddler, upon issuance of a business license, shall pay a license fee as established by a resolution of the City Council. The business license fee shall be based on the number of days the business is to be conducted. Solicitors, temporary merchants and/or peddlers shall display at all times of operation, all applicable permits, approved site plan and City business license.
J. City Park Restriction: No business license shall be issued for business to be conducted within any City owned park and/or adjoining rights-of-way, including, but not exclusively, streets, curbs, gutters or parks unless allowable under the special events license provisions, sections 5-12-1 and 5-12-3 of this Code, or operating with a City concessionaire agreement.
K. Revocation: Failure to comply with any of the provisions of this Code shall be cause for the immediate revocation of the license and shall be cause for a twelve (12) month waiting period prior to reapplication. (Ord. 704, 3-24-2009)