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Home My WebLink AboutORD 2850• 1 1 • BILL NO. 35 ORDINANCE NO. 2850 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 6, ARTICLE 5, SECTION 06- 05 -01, PERTAINING TO THE DEFINITION OF A "PEDDLER" OR "VENDOR "; AMENDING CHAPTER 6, ARTICLE 5, SECTION 06- 05 -07, RELATING TO PEDDLER LICENSING APPLICATION REQUIREMENTS; AMENDING CHAPTER 6, ARTICLE 5, SECTION 06- 05 -10, RELATING TO THE INVESTIGATION OF APPLICANTS AND CIRCUMSTANCES WHICH WOULD DISQUALIFY AN APPLICANT; AMENDING CHAPTER 6, ARTICLE 5, SECTION 06- 05-11, RELATING TO LICENSE FEES AND REQUIRING THAT LICENSES BE CARRIED BY LICENSEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED, by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1: That Chapter 6, Article 5, Section 06 -05 -01 of the Caldwell City Code is amended as follows: 06- 05 -01: DEFINITION: PEDDLER OR VENDOR: Any person traveling by foot, motor vehicle or any other type of conveyance from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, food or farm products or provisions, offering and exposing the same or any services for sale or making sales and delivering articles to purchasers. This Article shall not apply to those persons who leave flyers, pamphlets or handbills advertising goods or services and inviting contact from the intended consumer, but who do not make direct contact with the potential consumer. Section 2: That Chapter 6, Article 5, Section 06 -05 -07 of the Caldwell City Code is amended as follows: 06- 05 -07: LICENSE APPLICATION: (1) Application for a license to be issued under the provisions of this article shall be made to the city clerk and shall eeirccciirir statemen �- wixv@ riiiirg the type m-- vasircess ntem late .state: a. The name and address of the applicant and all persons associated with him or her in his or her business. PAGE -1 u • b. The type of business for which the license is desired. c. A general description of the thin or r things to be sold. (2) Applicant will need to show proof of a state of Idaho resale number. (3) Each applicant must file with his application one (1) recent passport-sized photograph of himself, a copy of which shall be included on the license when issued, the original being retained with the implication filed with the City Clerk. Each licensee shall at all times have his license with him and shall exhibit the same upon request. (4) To determine the suitability of prospective applicants for a license under this article pursuant to Idaho Code § 67 -3008 and to congressional enactment Public Law 92 -544, each applicant shall request from the Idaho State Police, Bureau of Criminal Identification a fingerprint -based national background check, understanding that said fingerprints will be submitted to the Federal Bureau of Investigation, and directing that the results be sent directly to the City Clerk of the City of Caldwell. The City Clerk is authorized to receive said criminal history information for the purpose of evaluating the Uplicant's fitness for licensing under this Article. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. (5) If a vehicle will be used b the he applicant in relation to any of the activities covered by this Article either directly or indirectly, and including simply in transportation to and from an area where the applicant will be traveling on foot then satisfactory proof of registration and current insurance on said vehicle must be shown at the time of implication Where multiple applicants will be sharing a single vehicle, such fact should be stated on the application and at least one of the applicants must produce the required documentation at the time of application. (6) If the sale or advertising of the applicant's goods is made from a motor vehicle, the the applicant must submit an official Idaho driver's license record, obtainable from the Idaho transportation department and issued within thirty (30) days prior to the city clerk's receipt of the application. Section 3: That Chapter 6, Article 5, Section 06 -05 -10 of the Caldwell City Code is amended as follows: 06- 05 -10: INVESTIGATION OF APPLICANT: (Upon receipt of application, or application renewal, the city clerk shall refer the application to the chief of police, who shall cause an investigation to determine the validity and completeness of information presented on the application. The chief of police shall endorse upon the application the findings of the investigation and return it to the city clerk within five (5) working days. Where an application for renewal of a license is involved and the application is completed and submitted prior to the expiration of the previous license, and where the city clerk has received no complaints or allegations of PAGE - 2 any violation of this chapter or other laws by the applicant, the clerk may approve the renewal application administratively once, without referral of the application to the chief of police and without the submittal of an additional fingerprint -based national background check. Any subsequent application for renewal shall be treated in all respects as a new application with referral of the application to the chief of police and must be accompanied by a newly issued fingerprint -based national background check (2) No person shall be issued a license when that person: (a) Is under the age of eighteen 0 8) years; (b) Has been within five (5) years prior to the date of making application for such license convicted of paid any fines been placed on probation received a deferred sentence received a withheld judgment, completed any sentence of confinement, or suffered the forfeiture of a bond for an felony; elony; (c) Has been within five (5) years prior to the date of making application for such license convicted of paid any fine been placed on probation, received a deferred sentence received a withheld judgment completed any sentence of confinement, or suffered the forfeiture of a bond for any misdemeanor, involving: 1. The use of force against the persons or property of another; 2. The threat of force against the persons or property of another; 3. Theft or larceny; 4. The use, possession or sale of illicit drugs; 5. Possession of a concealed weapon; or 6. Illicit sexual lewd or obscene activity or materials, including, but not limited to violations of Idaho Code §§ 18 -919, 18 -1515, 18 -4103 through 4105, or 18 -4116. (d) Has, at the time of such application an outstanding warrant; (e) Has had a similar license revoked by the city other city of this state or of the United States within the preceding five (5) years. Section 4: That Chapter 6, Article 5, Section 06 -05 -11 of the Caldwell City Code is amended as follows: 06- 05 -11: LICENSE FEE LICENSE SHALL BE CARRIED PAGE - 3 LU_A per person license fee shall be paid in an amount established by resolution of the city council, valid for thfee (3 ` meat °twelve (12) months The fee for an application for renewal of a license shall be as set forth by resolution of the city council. (2) Every person licensed under this section shall have with him or her while engaged in such business the license received by him or her from the city clerk and shall produce the same at the request of any city official or at the request of any individual within the City of Caldwell to whom he or she is exhibiting his or her goods or selling or attempting to sell same. The license shall be exhibited in a conspicuous place if the licensee is using a vehicle_ Ar. A h di fig in hi business and et4erwise must be kept by the pefsen and exhibited at an) time upon request. Section 5: This ordinance shall be in full force and in effect from and after January 1, 2011. Section 6: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 7: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 6th day of December, 2010. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 6th day of December, 2010. A U4 z3 Mayor Garret L. Nancolas ATTEST: City Clerk PAGE — 4 • � •