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§ 116.06 APPLICATION FOR PEDDLER/SOLICITOR/MOBILE FOOD VENDOR PERMIT—CHIEF OF POLICE.
   The application for a peddler, solicitor or mobile food v endor permit required by the provisions of this chapter shall be made to the Chief of Police or designee, and shall contain:
   (A)   The applicant’s name, address, phone numbers and government issued ID number.
   (B)   The business name, address, phone numbers and SD sales tax number.
   (C)   A photocopy of the applicant’s government issued ID.
   (D)   A statement describing the kids of goods, wares, merchandise or services the applicant wishes to sell within the city.
   (E)   A description of the location/site where the mobile food vendor will be set up and size of the unit.
   (F)   A statement of whether the applicant, upon any sale or order, shall demand, accept, or receive payment, or deposit, of money in advance of final delivery.
   (G)   The period of time the applicant wishes to engage in business within the city.
   (H)   A photocopy of the applicable South Dakota sales tax license.
(Ord. 1054, passed 7-3-2023)
§ 116.07 DURATION OF PEDDLER/SOLICITOR/TRANSIENT MERCHANT PERMIT.
   (A)   Any peddler, solicitor or transient merchant permit issued under the provisions of this chapter will expire at 8:00 o’clock p.m. on the date of expiration which is written on the permit, in any event not later than one year from the date of issuance.
   (B)   The City Finance Office or Chief of Police shall complete a review of each application for a peddler/solicitor/transient merchant permit and issue a permit within five business days of completion of the application, exclusive of weekends and holidays.
(Ord. 1054, passed 7-3-2023)
§ 116.08 DURATION OF MOBILE FOOD VENDOR PERMIT.
   (A)   Any mobile food vendor permit issued under the provisions of this chapter will expire at 8:00 o'clock p.m. on the date of expiration which is written on the permit, in any event not later than six months from the date of issuance.
   (B)   The Chief of Police shall complete a review of each application for a mobile food vendor permit and issue a permit within five business days of completion of the application, exclusive of weekends and holidays.
(Ord. 1054, passed 7-3-2023)
§ 116.09 PEDDLER/SOLICITOR/TRANSIENT VENDOR HOURS OF OPERATION.
   It shall be unlawful for any peddler/solicitor/transient merchant to engage in the business of peddling, selling or vending between the hours of 11:00 p.m. and 5:00 a.m. In addition, peddlers conducting business by soliciting at any residence shall not engage in such solicitation between the hours of 8:00 p.m. and 8:00 a.m.
(Ord. 1054, passed 7-3-2023) Penalty, see § 116.99
§ 116.10 MOBILE FOOD VENDOR LOCATIONS AND TIMES PROHIBITED.
   (A)   Mobile food and beverage vending is prohibited where the vendor, the vendor’s vehicle or equipment, or the vending activity is blocking access to a public street, alley, bike path, sidewalk, or access to an adjacent property. They may operate in a lawful parking area of a street in a zoned residential area, but for no longer than 30 consecutive minutes on an individual city block, after which they must move to a different block. In zoned commercial or industrial areas of the city, the mobile food vendor must be parked off-street (such as in a parking lot) where sales are conducted in order to provide better safety for their customers.
   (B)   Mobile food and beverage vending may occur in a city park so long as the vendor is lawfully parked in a regular parking area and is not obstructing traffic or obstructing the view for fans of organized sporting events; provided, however, that mobile food and beverage vending is prohibited in any park where a concession contractor is operating in that park, unless the mobile vendor has first registered with the Finance Officer at least three weeks prior to the proposed usage; a public hearing is scheduled with the City Council with notice thereof published for one week prior to the public hearing; and after the public hearing, at which the city’s concession contractor shall be given the opportunity to be heard, the City Council may grant consent for the proposed usage.
   (C)   Mobile food and beverage vending is prohibited within the city between the hours of 11:00 p.m. and 5:00 a.m., except in residential areas where it is prohibited between the hours of 8:00 p.m. and 8:00 a.m.
   (D)   The above prohibited times and locations do not apply to mobile food vendors operating where a city-approved special event permit has been issued, during the hours of operation of that special event, and with authorization from the special event sponsor.
(Ord. 1054, passed 7-3-2023) Penalty, see § 116.99
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