Title 5 - Business Licenses and Regulations

5.70.090 Prohibited Acts.

It is unlawful for any transient merchant to:

1. A.
   Operate or conduct business or activities in violation of any zoning requirements of the City, including but not limited to, set back requirements.
2. B.
   Operate or conduct business or activities except in areas zoned C-3, CP-3, M-2, MP-2, CP-3J, IP-2J, PEC-3J, or PRB-3J, and where the conduct of such business or activities shall be within two hundred (200) feet of any residentially zoned property used for residential purposes.
3. C.
   Operate or conduct business or activities until one-half hour before sunrise or after one-half hour past sunset or at any time that would cause the need for the use of artificial lighting other than existing lighting.
4. D.
   Fail to provide safely accessible and sufficient parking for customers and employees of the Transient Merchant. For the purposes of this Section, “safely accessible” parking means a parking area configured so that the Transient Merchant’s employees and customers can safely enter and exit the public and private right-of-way without creating a traffic, sight distance or any other type of hazard or danger. For the purposes of this Section, “sufficient” parking means a number of parking spaces equal to or exceeding the number of employees on site plus customer parking in a quantity that is reasonably likely to prevent customer parking overflows given the nature of the Transient Merchant’s business or activities.
5. E.
   Locate the Transient Merchant business or activities, including business vehicles, structures, signs and parking, in a manner that causes congestion, interferes with the traffic flow, or prevents the normal use of parking facilities by existing businesses in the same area. In no event shall a Transient Merchant located entirely or partly in a parking lot used by an existing business reduce the number of available parking spaces to a level more than ten (10%) percent below the total number of parking spaces required by the zoning regulations.
6. F.
   Use any electronic device for sound amplification in an outdoor area, or to otherwise violate any applicable noise ordinance or regulation.
7. G.
   Provide any false or misleading information in completing the license application, or to fail to obtain permission of the property owner or property manager where such business or activity is being conducted.
8. H.
   Fail to provide at the request of a customer a written receipt for purchases exceeding FIVE DOLLARS in cash or tangible property which receipt shall be electronically printed or signed by the Person making the sale and shall set forth: the name and contact information of the Transient Merchant, a brief description of the goods, wares, merchandise or services sold, the total purchase price, the amount of applicable sales tax, the amount of payment, and the balance due and terms of payment (if any).
9. I.
   Fail to provide any Person the Transient Merchant’s name, the name of the company or organization represented, or the name of the goods, wares, merchandise or services sold, or to make any representation as to identity which is false or misleading.
10. J.
    Fail to allow authorized law enforcement officers or City officers to enter into or upon the premises or to otherwise interfere with any inspection of the premises or business.
11. K.
    Fail to remove any structure, device, trash, or debris caused, created or associated with the Transient Merchant’s business or activities in an outdoor area.
12. L.
    Operate or conduct business or activities if the licensee or any agent or employee has been convicted of a felony, misdemeanor, or ordinance violation involving force, violence, moral turpitude, deceit, fraud, or the violation of any law regulating the act of solicitation, peddling, hawking, canvassing, or merchandising within the past five (5) years in this state or any other state or subdivision thereof or of the United States.
13. M.
    Erect or display more than one sign or any sign greater than allowed for a temporary sign in O.P.M.C. Section 18.440.130 (as may be amended). When approved with the license, a separate sign permit shall not be required. Any attention attracting device or any other prohibited sign as set forth in O.P.M.C. Section 18.440.020 (as may be amended) are prohibited from use.
14. N.
    Erect or construct any structure, tent, or building greater than one hundred and twenty (120) square feet.
15. O.
    Operate or conduct business or activities within fifty (50) feet of any driveway entrance or access lane from a public street to an existing business.
16. P.
    Operate or conduct more than one Transient Merchant business or activity on the same property at any one time.
17. Q.
    Operate or conduct business or activities in the public right-of-way or in or upon any park or other public property.
18. R.
    Operate or conduct business or activities that create a traffic or sight distance hazard or any other type of public hazard or danger.

(History: Ord. ROCR-3305, §2, 2020; Ord. TM-2954 §11, 2012; NOI-2287 §9, 2001; TM-1539 §4, 88; TM-1315 §9, 85)

Effective on: 1/1/1901