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Home My WebLink AboutORDINANCE 1860-2000Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1860-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING KMC 5.05, ENTITLED "PEDDLERS" AND KMC 5.30, ENTITLED "TRANSIENT AND ITINERANT MERCHANTS" AND REPLACING THEM WITH A NEW KMC 5.05 ENTITLED "PEDDLERS AND TRANSIENT MERCHANTS." WHEREAS, both KMC 5.05, entitled "Peddlers" and KMC 5.30, entitled "Transient and Itinerant Merchants" are outdated and cumbersome; and, WHEREAS, repealing, replacing and combining these sections of the Kenai Municipal Code will simplify the permitting process for peddlers and transient merchants as well as administration. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 5.05 and 5.30 are repealed and replaced with a new KMC 5.05 entitled, "Peddlers and Transient Merchants" as follows: 5.30.010 Defined. Transient Merchants: (a) A transient merchant is defined as any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, and/ or the services, wares, and merchandise within this City, and who, in furtherance of such purpose, peddles from door to door or uses any building or structure, or any street, alley, or other place within the City, for the exhibition and sale of such goods, wares, and merchandise, and/or the performance of services, either privately or publicly. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. As used in this chapter, "temporary" means for a period contemplated to be less than 120 days duration. (b) Every person who would be a transient merchant, as defined in paragraph (a) above, except for his declaration of intent to remain in business in the City for longer than 120 days, shall nonetheless be presumed to be a transient merchant unless or until he has: (1) purchased or leased for a term of at least four (4j months, real property within the City from which his business is being or will be conducted; (2) engaged in the same business within the City for at least five (5) consecutive months during each of the preceding two (2) calendar years; or, Ordinance No. 1860-2000 Page 1 of 4 (3) otherwise objectively demonstrated his intent to remain in business in 1 the Cit fora eriod lon er than 120 da s b other than his de 1 ' y p g y y c aration of intent to so remain. (c) The foregoing notwithstanding, however, a transient merchant for the purposes of this section, shall not include the following; (1) the sale of personal goods or wares at such functions as garage sales, flea markets, bake sales, or items that, by their nature, have intrinsic value based solely on artistic, visual, or decorative appeal (examples are, but are not limited to, art work, art reproduction, Christmas trees and flowers); or, (2) fund raising activities of non-profit organizations or groups which have filed with the State of Alaska under the provisions of AS 10.20; or, (3) commercial travelers who regularly take orders for goods in the usual course of business where orders are taken from persons regularly engaged in wholesale or retail business and where no payment prior to delivering of such goods is require . Peddlers: (a) A peddler is one who engages in selling or peddling goods, wares, merchandise, or services within the City of Kenai from house to house, and any person who goes from house to house, or from place to place selling or taking orders for the sale of such goods, wares, merchandise, or services by sample or otherwise for future delivery, and any person who goes from house to house selling or taking orders for loan agreements, contracts, insurance, newspapers, books, pictures, periodicals, or services; provided, however, that the provisions of this chapter shall not apply to sales to dealers by commercial travelers, who regularly take orders for goods in the usual course of business where orders are taken by persons regularly engaged in wholesale or retail business and where no payment prior to deliver of such goods is required. b No eddler shall 1 his vocation on an street sidewalk ark arkwa or () p PY Y ~ ,p ~p Y in any other public place unless his peddler's license specifies that peddling in such public places is permitted thereunder. (c) Any resident of the city who wishes to exclude peddlers or solicitors from premises occupied by him/her may place upon or near the usual entrance to such premises a printed placard or sign nearing the following notice: "peddlers and solicitors prohibited." Such placard shall be at least 33/4" x 33/4" and the printing thereon shall not be smaller than 48 point type. No peddler shall enter in or upon any premises, or attempt to enter in or upon any premises, where placard or sign is placed and maintained. No person other than the person occupying such premises shall remove, injure or deface such placard or sign. 5.30.020 License Required. (a) It shall be unlawful for any person or for any agent, servant or employee of any person to engage in, carry on or conduct the business of a transient merchant or peddlers without first obtaining a license to do so. (b) License issued under the provisions of this section shall not authorize any person or persons, except the identical person or persons named in said license, to engage in business thereunder and such license shall not be transferable. (c) Every person licensed under this section shall have with him/her while engaged in such business, the license received by him/her from the City Clerk and shall produce the same at the request of any city official or at the request of any Ordinance No. 1860-2000 Page 2 of 4 individual within the City of Kenai to whom he/she is exhibiting his/her gods or ~ selling or attempting to sell same. (d) Any license, issued under the provisions of this section, shall be subject to revocation by the City Clerk upon satisfactory proof of a violation of the provisions of this section by such licensee, provided, however, that such licensee shall be given notice of such proposed revocation and reasonable opportunity to appear before the City Clerk when such revocation is considered. 5.30.030 Application for License. (a) Applications for such licenses shall be on forms prescribed and furnished by the City Clerk, and shall include the following information: (1) the full name of the applicant; (2) the permanent mailing, residential, and business address of the merchant; (3) the date of the application; (4) the nature and description of the merchandise to be sold or activity to be conducted; (5) location of activity; (6) the length of time during which it is proposed the business shall be conducted; (7j a tax compliance certificate, signed by the appropriate Kenai Peninsula Borough authority, or, if the applicant had not previously done business in the Kenai Peninsula Borough, proof of opening a sales tax account with the appropriate Kenai Peninsula Borough authority; (8) proof of a valid Alaska Business license; (b) With the application, the applicant shall also furnish: (1) the fee for the City license as prescribed herein; (2) the legible signature of the applicant/ owner or person authorized to sign on behalf of the applicant/owner; (3) an affirmation or oath that the information and statements made in connection with the application are true, correct, and complete. 5.30.040 License Fee. The license fee for engaging in, carrying on, or conducting business as a peddler or transient merchant shall be the sum of X25.00 (TWENTY-FIVE DOLLARS) for an annual license. 5.30.050 Record Retention. -The City Clerk shall keep a record of all Transient Merchant and Peddler licenses issued for two years. 5.30.060 Penalty. Any person, firm or corporation violating any provision of this ordinance shall be fined not more than X500 (FIVE HUNDRED DOLLARS) for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Ordinance No. 1860-2000 Page 3 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17~ day of May, 2000. ATTEST: 4 Sheryl .Padilla, Acting City Clerk Introduced: May 3, 2000 Adopted: May 17, 2000 Effective: June 17, 2000 Ordinance No. 1860-2000 Page 4 of 4