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ORDINANCE

 

August 21, 2021



TOWN OF PINE HAVEN

ORDINANCE #3, 2021

AN ORDINANCE OF THE TOWN OF PINE HAVEN, WY ADOPTING A NEW CHAPTER ENTITLED “MOBILE VENDORS” TO THE CODE OF PINE HAVEN, WY

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF PINE HAVEN, CROOK COUNTY, WYOMING, THAT THE TOWN OF PINE HAVEN HEREBY ADOPTS IN REGULAR SESSION DULY ASSEMBLED AND ESTABLISHES THE FOLLOWING:

Chapter 19, Article I in General an Ordinance of the Town of Pine Haven, Wyoming adopting a new Chapter 19 entitled “Mobile Vendors”, by the Town of Pine Haven, Crook County Wyoming.

ARTICLE I. - IN GENERAL

Sec. 19-1 - Purpose

This Code is enacted for the purpose of regulating the activities of Peddlers, Solicitors, Personal Services and Transient Merchants within the Town of Pine Haven, Wyoming.

Sec. 19-2 - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Charitable means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported.

Consumer means an actual or prospective purchaser, lessee or recipient of Consumer Goods or Services.

Consumer Goods or Services means any real property or any tangible or intangible Personal property or any Services which are marketed and intended to be used for Personal, family or household purposes, including, without limitation, any such property intended to be attached to or installed in any real property without regard to whether it is so attached or installed, as well as cemetery lots and timeshare estates. For purposes of this Code shall not include alcoholic beverages.

Cosmetology / Cosmetologist a Person licensed to provide cosmetic treatments to the hair, skin and nails.

Goods same as Consumer Goods or Services

Mobile Vendor means a Person who peddles, vends, sells, displays or offers for sale goods, Personal Services, wares or merchandise out of a motor vehicle, cart, trailer, tent, table, stand or other temporary structure that is capable of being set up and taken down in one day and is readily moveable. Regardless of whether the stand is located within or on the premises of a fixed facility or whether the stand is located on unimproved real estate.

Non-Commercial Door-to-Door advocate means a Person who goes door-to-door for the primary purpose of disseminating religious, political, social, or other ideological beliefs. For purposes of this Code, the term door-to-door advocate shall fall under the term Solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes.

Non-Profit Organization means any Person recognized as a not-for-profit entity under the Internal Revenue Code.

Officer of the Town means any Law Officer for the Town, County, State, or the Town Clerk, Town Code Enforcement Officer, Maintenance Supervisor, Mayor, Town Attorney or their designee.

Peddler means any Person, whether a resident of the Town or not, who goes from place-to-place for the purpose of offering, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the Goods, wares, products, merchandise, or other Personnel property that the Person is carrying or otherwise transporting; provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this code shall be deemed a Peddler subject to the provisions of this Code. The word “Peddler” shall include the terms “hawker” and “huckster.”

Person means any individual, entity, firm, partnership, corporation, company, association, society, organization, league, or similar association.

Personal Services means any Person who offers Mobile Cosmetology Services including, without limitation, mobile barber Services.

Professional Fundraiser means any Person, including a corporation or other entity, who, for compensation, performs any solicitations or other Services for a religious, political, social, or other Charitable organization.

Solicitor means any Person whether a resident of the Town or not, who goes from place-to-place for the purpose of obtaining or attempting to obtain orders for Goods, wares, products, merchandise, or Personal property of any nature whatsoever for future delivery, or for offering Services to be furnished or performed in the future, whether or not carrying or showing catalogs or samples of such sales, and regardless of whether he or she is collecting advance payments on such sales and/or Services; provided, that this definition shall include any Person who, for him or herself, or for another Person, hires, leases, uses or occupies any indoor or outdoor location within the Town for the sole purpose of exhibiting samples and taking orders for future delivery. The word “Solicitor” shall include the terms “canvasser” and “drummer.”

Street means a right-of-way dedicated to the public, but does not include the sidewalks within a public right-of-way.

Transient Merchant means any Person, whether a resident of the Town or not, who temporarily engages in the business of providing Personal Services or selling and delivering Goods, wares, products, merchandise, or other Personal property of any nature whatsoever, who hires, leases, uses or occupies any building, structure, empty store front, motor vehicle, trailer, boxcar, tent, boat or other portable shelter, public rooms in hotels/motels, lodging houses, apartments, shops or any Streets, alleys, public places or other places for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, and who does not remain in any one location for more than fourteen (14) consecutive days; provided that such definition shall not include any Person who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The term “Transient Merchant” shall include the terms “temporary merchant,” “itinerate merchant,” “Mobile Vendor” and “itinerate vendor.”

Sec. 19-3 – Exceptions to Definitions

For the purpose of this Code, the terms Peddler, Solicitor, and Transient Merchant shall not apply to:

(a) Any Non-Commercial Door-to-Door advocate. Nothing within this Code shall be interpreted to prohibit or restrict Non-Commercial Door-to-Door advocates, and any such Person shall not be required to register as a Solicitor under this chapter.

(b) Any Person selling or attempting to sell at wholesale any Goods, wares, products, merchandise, or other Personal property to a retail seller of the items being sold by the wholesaler.

(c) Any Person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.

(d) Any Person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.

(e) Any Person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.

(f) Any Person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.

(g) Any Person participating in an organized multi-Person bazaar or flea market.

(h) Any Person conducting an auction as a properly licensed auctioneer.

(i) Any Officer of the court conducting a court-ordered sale.

Exemption from these definitions shall not excuse any Person from complying with any other applicable statutory provision or requirement provided by another Town code.

Sec. 19-4 Licensing and Exemptions

(a) LICENSE REQUIRED. No Person shall conduct business within the Town as a Peddler or a Transient Merchant without first obtaining a Town license. Solicitors need not be licensed, but are required to register with the Town pursuant to Section 8. A license shall be obtained for each temporary or permanent structure or location which is used for the sale or distribution of Goods or Services within the Town. A license shall be required for Goods sold or distributed, including but not limited to, food products, general merchandise, and body art.

(b) APPLICATION. Persons desiring a Peddler or Transient Merchant license must submit a written application on a form approved by the Town Council and available from Town hall. All applications must include all information requested and shall be signed by the applicant.

(c) FEE. All applications for a license shall be accompanied by the fee established by resolution annually by the Town Council.

(d) DURATION. The license shall be valid only during the time period indicated on the license.

(e) PROFESSIONAL FUNDRAISERS NOT EXEMPT. A Professional Fundraiser working on behalf of an otherwise exempt group or Person shall not be exempt from the licensing requirements of this code.

(f) LICENSE EXEMPTIONS. The following are exempt from the provisions of this Code:

(1) any Person selling, or undertaking orders to sell, agricultural fruits and vegetables, dressed meats, fowls or farm products, baked goods, or handicraft products grown, produced, cultivated, or raised by any bona fide resident of State of Wyoming.

(2) Charitable, non-profit and religious organizations and all Persons representing them; provided, that the proceeds from sales are used only for Charitable, non-profit or religious events or purposes.

(3) any fund-raising sales by a recognized school or educational organization, where profits solely benefit student members or a school/organization sponsored event.

(4) any sales of Services, Goods, wares or merchandise at an event such as a craft fair, festival, bazaar or similar activity sponsored or sanctioned by any governmental entity.

(5) any Person going from place-to-place for the primary purpose of exercising that Person’s state or federal constitutional rights such as the freedom of speech, freedom of the press, freedom of religion, and the like. This exemption will not apply if the Person’s exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.

(6) notwithstanding the exemptions above all vendors exempt or otherwise, shall complete a Town of Pine Haven vendor registration form prior to engaging in any selling activity. Vendors shall also provide a copy of the vendor/Peddler/Solicitor’s sales tax license and any and all state mandated food Service permits.

Sec. 19-5 Possession and Display of License

Every Person licensed pursuant to this Code must at all times possess and display the license in a conspicuous place at the location authorized by the license. All Persons and employees required to be in possession of a license must produce and exhibit the same whenever requested to do so by any representative of the Town, Officer of the Town, consumer, or any other Person.

Sec. 19-6 Association with Local Businesses, Etc.

Persons engaged in any business regulated by this Code shall not be relieved from complying with the provisions of this Code merely by reason of associating temporarily with any local dealer, trader, merchant, not-for-profit organization, Charitable organization or auctioneer or by conducting any transient business in connection with, as a part of or in the name of any local dealer, trader, merchant, not-for-profit organization, Charitable organization or auctioneer.

Sec. 19-7 License Transfer and Assignment

No license issued under this Code shall be transferred or assigned.

Sec. 19-8 Certificate of Registration Required

(a) All Solicitors and any Person exempt from the licensing requirements of this Code under Section 4 shall be required to register with the Town prior to engaging in those activities. Registration shall be made on the same form required for a license application, but no fee shall be required. Immediately upon completion of the registration form at Town Hall, the Clerk shall issue to the registrant a certificate of registration as proof of the registration. Certificates of registration shall be non-transferable.

(b) Individuals that will be engaging in Non-Commercial Door-to-Door advocacy shall not be required to register.

Sec. 19-9 Prohibited Practices

(a) General Prohibitions: No Mobile Vendor, Peddler, Solicitor, Transient Merchant, Non-Commercial Door-to-Door advocate, or other Person engaged in other similar activities shall conduct business in any of the following manner:

(1) obstruct the free flow of traffic, either vehicular or pedestrian, on any Street, sidewalk, alleyway, or other public right-of-way.

(2) create a threat to the health, safety, and welfare of any specific individual or the general public.

(3) fail to provide proof of license, or registration, and identification when requested.

(4) use the license or registration of another Person.

(5) allege false or misleading statements about the products or Services being sold, including untrue statements of endorsement. No Mobile Vendor, Peddler, Solicitor, or transient merchant shall claim to have the endorsement of the Town solely based on the Town having issued a license or certificate of registration to that Person.

(6) remain on the property of another when requested to leave.

(7) otherwise operate their business in any manner that a reasonable Person would find obscene, threatening, intimidating or abusive.

(8) sell goods on the Streets of the Town, except goods may be sold from vehicles which are parked on the Street and have openings facing a sidewalk. If a Person does elect to sell goods on a sidewalk or Street in front of another Person’s business or residence, the seller of the goods must first obtain the landowner’s written permission to do so.

(b) Solicitor Prohibitions: No Solicitor or other Person engaged in similar activities shall conduct business in any of the following manner:

(1) engage in solicitation by more than two (2) Persons upon any Person or premises at the same time for the same goods or merchandise, Services, or for religious or Charitable purposes. Each individual agent of a Person or group engaged in solicitation in violation of this provision shall be deemed to have violated this Code.

(2) fail to verbally identify himself or herself and the purpose of the solicitation at the time of initial contact with a prospective customer or donor

(3) misrepresent the purpose of the solicitation or misrepresent the goods sold or use any false, deceptive or misleading misrepresentation to induce a sale or contribution or use any plan, scheme or ruse which misrepresents the true status or objective of the Person making the call.

(4) engage in solicitation upon premises where the occupant has posted a visible sign requesting no solicitation.

(5) engage in solicitation on any premises without obtaining written permission from the owner of the premises.

Sec. 19-10 Penalty/Enforcement

(a) A violation of this Code is a misdemeanor. Each day this Code is violated shall be considered a separate offense. A Person convicted of a violation of this Code shall be punished by a fine of not more than $750.00 per offense. The Town Council may suspend or revoke the license of any Person violating any provision of this Code.

(b) In addition to the provisions of this Code, Mobile Vendors, Peddlers, Solicitors, or Transient Merchants must comply with all other applicable local, county, state and federal laws, including but not limited to, motor vehicle licensing laws, motor vehicle dimension standards pursuant to state law, health department permitting requirements, fire and safety regulations, and Town of Pine Haven Codes.

(c) A permit may be revoked by the Town of Pine Haven for violation of any provision of this Code, county, state or federal law. Upon revocation, the permit shall be immediately surrendered, and the Mobile Vendors, Peddlers, Solicitors, or Transient Merchants and their associated companies, partners, owners, or shareholders shall be prohibited from operating within the Town of Pine Haven until reinstatement of such permit by the Town of Pine Haven.

(d) Property owners or anyone who provides space to Mobile Vendors, Peddlers, Solicitors, or Transient Merchants shall have the final responsibility of property cleanup and placement of refuse at the curb for pickup or removal of refuse from the Town.

(e) notwithstanding the exemptions above all vendors exempt or otherwise, shall complete a Town of Pine Haven vendor registration form prior to engaging in any selling activity. Vendors shall also provide a copy of the vendor/Peddler/Solicitor’s sales tax license and any and all state mandated food Service permits.

(f) The Town of Pine Haven, its elected officials, employees, appointees or volunteers shall be indemnified and held harmless from any and all liabilities, claims, demands or causes of action for injuries and damages arising out of any Mobile Vendors, Peddlers, Solicitors, or Transient Merchants actions for all types of vendor permits.

Sec. 19-11 Severability Clause

If any provision of this Code is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected.

Passed, approved and adopted on this 10th Day of August, 2021

TOWN OF PINE HAVEN:

By: John Cook, Mayor

ATTEST:

Barbara Hardy, Town Clerk

Certificate of Posting

I, Barb Hardy, as Town Clerk for the Town of Pine Haven, hereby certify that Ordinance 3, 2021, was posted on, August 6, 2021

Barbara Hardy, Town Clerk

Certificate of Publishing

I, Barbara Hardy, as Town Clerk for the Town of Pine Haven, hereby certify that Ordinance 3, 2021, was published in the Moorcroft Leader on August19, 2021

1st Reading: April 13, 2021

2nd Reading: May 11, 2021

3rd and Final Reading: August 10, 2021

Publish: August 19, 2021

 
 

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