Ordinance Text
1-15-12: VENDORS, SOLICITORS AND TEMPORARY MERCHANTS PERMIT:
In addition to all other regulations in this chapter, vendors, solicitors and temporary merchants shall be subject to the following:
A. Application:
1. All Applicants for a Vendors, Solicitors and Temporary Merchant Permit shall submit an application on a form prepared by the City and pay the application fee approved by City Council. The Vendors, Solicitors and Temporary Merchants Permit is an annual permit that expires every December 31st regardless of the date issued.
2. The provisions of this section shall not apply to:
a. Traveling salespersons for local businesses;
b. Newspaper Subscriptions: The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper;
c. School Students, Fundraising: The occasional sale of admission by local school students to a function of their school or fundraising sales by local service clubs and groups such as Elks, Kiwanis, Lions. Boy or Girl Scouts;
d. Political Funds, Membership: Any political group seeking funds or membership;
e. Garage, Yard Sales: Garage, yard or similar sales by individuals at their residence or place of business not exceeding two (2) separate sales in one calendar year, not to exceed three (3) days each, which sales shall not include business inventory or items that have been purchased for the purpose of resale at another garage sale;
f. Special Events: Any activity conducted pursuant to a special events permit.
3. No person shall be issued a license when that person:
a. Is under the age of 18 years old;
b. Is required to register as a sex offender, pursuant to the sexual offender registration notification and community right-to-know act, Idaho Code section 18-8301 et seq., and the juvenile sex offender registration notification and community right-to-know act, Idaho Code section 18-8401 et seq.;
c. Is currently on probation or parole for any felony;
d. Has had a similar license revoked by the City or any other City or County in the State of Idaho.
B. Bond Requirement applicable to door-to-door solicitors only:
1. Amount; Guarantee: Before any City business registration is issued for engaging in the business of “vendor”, “solicitor”, or “temporary merchant”, as defined in chapter 3 of this title:
a. Every individual shall deposit with the City a surety bond, a cashier’s check or a letter of credit from a financial institution in the amount of one thousand dollars ($1,000.00).
b. Every entity, which has employees or agents acting in the capacity of vendor, solicitor, canvasser or temporary merchant, shall deposit with the City a surety bond covering all such employees or agents and running to the City, or a cashier’s check or irrevocable letter of credit in the amount of one thousand dollars ($1,000.00) per employee or agent to a maximum of five thousand dollars ($5,000.00). The surety bond must be one issued by an agent upon which service of process may be made in the State of Idaho.
2. Action Brought: Action on the surety bond, cashier’s check or irrevocable letter of credit may be brought directly by any person damaged by a registrant’s violation of any provision of this chapter.
3. Bond Reimbursement: After expiration of a City business registration, the City shall, upon application of the registrant, return the bond or cashier’s check within sixty (60) calendar days after receipt of application for return, unless the City has been notified of the pendency of any claim or cause of action by any person upon the bond, cashier’s check or irrevocable letter of credit.
C. Restrictions:
1. Location: No registrant hereunder shall have an exclusive right to any location and shall not operate in any congested area, public road right-of-way, park or facility, or where his operations might impede or inconvenience the public, without written City authorization. For the purpose of this chapter, the judgment of a public safety officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.
2. Zoning: Any business activity conducted by a registrant may only be conducted in an area of the City properly zoned for such activity.
3. Removal Of Trash: All trash or debris accumulating within twenty feet (20') of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as part of their stands.
4. Prohibited Areas: Vendor carts, stands, trailers and motor vehicles are prohibited within thirty feet (30') of a fire hydrant, fire escape, bus stop, loading zone, fire station, police station or hospital, and within public rights-of-way, unless otherwise permitted.
D. Unlawful Conduct: No registrant hereunder shall:
1. Misrepresent the purpose of, or affiliation of those engaged in, the solicitation.
2. Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor.
3. Represent the issuance of any registration under this chapter as an endorsement or recommendation of the solicitation.
4. 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.
5. Commit fraud, make misrepresentations or false statements in the course of carrying on the business.
E. Revocation of License.
1. City Administration and/or City Council have the power to revoke any license granted in accordance with this chapter for any of the following causes:
a. Fraud, misrepresentation or false statement contained in the application or during the course of conducting business or trade;
b. Any other violation of this chapter;
c. Conviction of any crime involving a felony;
d. Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
F. Appeals. Appeals may be submitted in writing to the Clerk’s Office within five days of the denial of a license. The Clerk’s Office shall have up to five days to determine the final disposition.
G. Requirements for Mobile Food Truck Service and Vending Carts/Trailers:
1. In addition to the requirements of this chapter, food truck vendors, including vending carts and trailers, must provide the additional documents:
a. Landowner permission to prepare and vend food from the landowner’s parcel.
b. Southwest District Health license to vend from a food truck, cart or trailer.
c. Proof of inspection and approval from the Middleton Fire Rural District to vend from a food truck cart or trailer.
d. Sanitary sewer plan, including plan for gray water disposal.
e. When vending on City owned property, proof of Workers’ compensation insurance, general liability insurance with a minimum coverage of S1,000.000.00 and automobile insurance with a minimum coverage of $1,000,000.00.
2. Food Truck, Cart and Trailer Vendors must also comply with the following requirements:
a. Only one food truck/cart/trailer per tax parcel, except City may allow up to three such vendors at any City Park.
b. Hours for vending are 6 a.m, to 10 p.m., except in City Parks where the hours are dawn to dusk.
c. No connections to City utilities.
d. No tables, chairs, benches or other furniture can be placed on site for sit-down dining.
e. No food trucks/carts/trailers on vacant lots unless the lot is paved with asphalt or concrete.
f. No generator noise or other noise that would rise to the level of a nuisance as defined by MCC 8-1-5
.
g. Food trucks, carts and trailers shall have a clean appearance at all times.
h. Food trucks, carts and trailers cannot occupy parking stalls on a lot to the degree that the existing business on site will have less than the number of parking stalls required by MCC 4-5-11
.
H. Enforcement Authority. Any law enforcement officer or city licensing officer shall be authorized to enforce this chapter.
I. A violation of this section shall be punishable as provided for in Middleton City Code 01-04-02. (Ord. 594, 8-16-2017; amd. Ord. 609, 7-3-2018; Ord. 679, 8-16-2023; Ord. 694, 3-20-2024; Ord. 696, 6-26-2024)
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Nearby Sections
1-15-11-4: REQUIREMENTS AND CRITERIA:1-15-11-5: EXEMPT SIGNS:1-15-11-6: NONCONFORMING SIGNS:1-15-11-7: PROHIBITED SIGNS:1-15-11-8: ENFORCEMENT:1-15-12: VENDORS, SOLICITORS AND TEMPORARY ME1-15-13: SPECIAL EVENT PERMIT:1-15-13-1: SPECIAL EVENT PERMIT REQUIRED; EXC1-15-13-2: PERMIT APPLICATION; FEES; INSURANC1-15-13-3: APPLICATION; REVIEW; CONDITIONS OF1-15-13-4: NOTICE OF REVOCATION OR SUSPENSION1-15-14: FIREWORKS PERMIT:1-15-14-1: SALE OF FIREWORKS:1-15-14-2: TEMPORARY FIREWORKS STANDS:1-15-14-3: PUBLIC DISPLAY PERMIT:
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