CHAPTER 09 Title 4 IT Merchants, Mobile Food
CHAPTER 9
ITINERANT MERCHANTS,
MOBILE FOOD VENDORS
SECTION:
4-9-1: Purposes
4-9-2: Definitions
4-9-3: Itinerant Merchants License Required
4-9-4: Itinerant Merchant License Fee
4-9-5: Itinerant Merchant License Applications
4-9-6: Itinerant Merchants Investigation of Applicant and Issuance of License
4-9-7: Itinerant Merchant Display of License
4-9-8: Repealed
4-9-9: Itinerant Merchant Grounds for Revocation of License
4-9-10: Reserved
4-9-11: Mobile Food Vendor License Required
4-9-12: Mobile Food Vendor License Fee
4-9-13: Mobile Food Vendor License Applications
4-9-14: Mobile Food Vendor Investigation of Applicant and Issuance of License
4-9-15: Mobile Food Vendor Display of License
4-9-16: Mobile Food Vendor Location Restrictions
4-9-17: Mobile Food Vending in Public Places
4-9-18: Mobile Food Vendor Location Time Limits
4-9-19: Mobile Food Vendor Litter Control
4-9-20: Reserved
4-9-21: Term of License
4-9-22: License Non-Transferable
4-9-23: Sales Vehicle Registration
4-9-24: Sales Vehicle Equipment
4-9-25: Traffic and Parking Regulations
4-9-26: Unlawful Conduct
4-9-27 Revocation of License
4-9-28: Required Electrical Inspection
4-9-29: Penalty
4-9-1: PURPOSES: This Chapter has three purposes:
A. To protect the citizens from fraud, crime and unfair, deceptive or dishonest
business practices by persons temporarily engaged in the business of selling
goods, wares, merchandise and services within the City;
B. To protect the residents of the City from unwanted intrusions on the privacy of
their homes; and
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C. To protect the health, safety, aesthetics and general welfare of the City and its
residents.
4-9-2: DEFINITIONS: Certain words and phrases used in this Chapter are
defined as follows:
GARAGE/YARD/LAWN SALE: As used in this Chapter, a
"garage/yard/lawn sale, or other such related term" is a sale of new or used personal
property in a residential zone.
ITINERANT MERCHANT: As used in this Chapter, an "itinerant
merchant" is any person who sells or offers to sell any goods, wares, merchandise or
services from any stand, vehicle, trailer, tent, rack or other shelter or structure not
permanently affixed to real property; or any person who sells or offers to sell any goods,
wares, merchandise or services from any motel room, office, building, warehouse,
shopping mall, door to door, or other location with an intent to remain at that location
temporarily. Written permission from the property owner must be received prior to the
issuance of any itinerant merchant license. Firework stands shall also comply with Title
6, Chapter 3 of the City Code.
MOBILE FOOD VENDOR: As used in this Chapter, a "mobile food
vendor" is a person who sells at retail food or beverages, to the public from any vehicle.
VEHICLE: As used in this Chapter, "vehicle" shall have the same
meaning as under Chapter 1, Title 49 of the Idaho Code.
4-9-3: ITINERANT MERCHANTS LICENSE REQUIRED: No person shall
engage in the business of an itinerant merchant without first obtaining an itinerant
merchants license from the City. EXCEPTIONS: The itinerant merchant licensing
requirements of this Chapter shall not apply to the following:
A. Sales conducted pursuant to court order;
B. Garage/Yard/Lawn Sales shall not be held for a period of more than three (3)
consecutive days in duration and no residence shall host more than two (2)
garage sales during any six (6) month period.
C. The sale of goods, wares, merchandise or services by any student group or
religious, philanthropic or charitable organization exempt from taxation under 26
U.S.C. Section 501 and which has a local charter or sponsor located in the City;
D. The sale of any goods, wares, merchandise or services by any person or
organization appropriately licensed under any other provision of the City Code; or
E. The sale of goods, wares or merchandise to a business establishment that
intends to offer those items for resale.
F. Dissemination of political campaign materials, the exercise of political franchise,
or campaign activities, voter registration activities.
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G. Proselytizing or dissemination of religious faith or view point or the solicitation of
contributions or donations by a religious faith organization qualified under 26
USC Section 501.
4-9-4: ITINERANT MERCHANT LICENSE FEE: The fee for a itinerant license
shall be determined by a schedule of fees adopted by the City Council by resolution
which may be amended from time to time.
4-9-5: ITINERANT MERCHANT LICENSE APPLICATIONS: Applications for an
itinerant merchants license shall be in writing on a form furnished by the City and shall be
filed with the City Clerk. Applications shall contain the following information:
A. The applicant/business name, physical and mailing addresses of the
applicant/business, and
1. If the applicant is a corporation, or partnership, association or other
business entity, then also the names and residential addresses of all
persons owning ten percent (10%) or more of the shares or assets of the
entity;
B. The names, drivers license number, and state of issuance of all persons who will
sell or offer for sale any goods, wares, merchandise or services;
C. A description of the goods or services to be sold;
D. A statement of whether any business-related permit or license held by the
applicant or any of the applicant's agents or employees has been revoked within
the past five (5) years by any jurisdiction, and if so, where, when and why the
revocation occurred;
E. The business/applicant's social security or taxpayer identification number (EIN),
state identification number and state sales tax number;
F. A statement of whether the applicant has been convicted of any crime other than
a minor traffic violation, and if so, the nature, place and date of each such
offense (within the past five (5) years);
G. A statement of all locations in the City where the goods, wares, merchandise or
services will be sold;
H. Additional information required within the application provided to applicant by the
City may include, but not be limited to, the business/applicant’s phone number,
mobile number, email address, business website and person of contact.
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4-9-6: ITINERANT MERCHANT INVESTIGATION OF APPLICANT AND
ISSUANCE OF LICENSE:
A. On receipt of the application, the City Clerk shall forward the application to the
appropriate Department Heads, who shall make an investigation to verify the
information in the application and compliance with applicable City codes.
Department Heads shall report their findings to the City Clerk as soon as
reasonably possible, but no later than thirty (30) days after the application is filed
with the City Clerk.
Department reviews shall include but not be limited to the following:
1. Fire Department: Shall determine compliance with all requirements of
the International Fire Code.
2. Planning Department: Shall determine compliance with all requirement
of Title 10 of the City Code, including but not limited to parking
requirements.
3. Building Department: Shall determine compliance, if any with the
International Building Code, Plumbing Code, Mechanical Code and
Electrical Code. Any required inspections shall be determined and
performed prior to the issuance of any itinerant business license.
4. Public Works: Shall determine compliance, if any, including but not
limited to waste water storage and placement of any temporary structure.
B. Upon receipt of approvals by Department Heads, the City Clerk shall issue a
license.
C. It shall be a violation of this chapter and code for an employee of an itinerant
business to do door to door sales within the City without first obtaining the
licensing for door to door sales as required in Title 4, Chapter 6 of the City Code.
4-9-7: ITINERANT MERCHANT DISPLAY OF LICENSE: The itinerant
merchant’s license required by this Chapter shall be readily available at the request of
any City Official.
4-9-8: Repealed: ITINERANT MERCHANT UNINVITED DOOR-TO-DOOR
SALES PROHIBITED (See Title 4, Chapter 6)
4-9-9: ITINERANT MERCHANT GROUNDS FOR REVOCATION OF
LICENSE: The Clerk may revoke an itinerant merchant’s license for any of the following
reasons:
A. The licensee or any of licensee's agents or employees engages in any
fraudulent, deceptive or unlawful business practice in connection with licensee's
business;
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B. False statements on the license application;
C. The licensee or any of licensee's agents or employees violates any provision of
this Chapter;
D. Revocation by any jurisdiction of any other business related license or permit
held by licensee;
E. The licensee is convicted in any jurisdiction of any felony or crime of moral
turpitude;
F. Failure to comply with the provisions of this Chapter.
4-9-10: Any temporary structure placed on a property within the City in
conjunction with the issuance of an itinerant merchant license shall be removed from the
property within thirty (30) days of the expiration of said itinerant merchant license.
4-9-11: MOBILE FOOD VENDOR LICENSE REQUIRED: No person shall
engage in the business of a mobile food vendor without first obtaining a mobile food
vendor license from the City. EXCEPTIONS: The mobile food vendor licensing
requirements of this Chapter shall not apply to the following:
A. Fruit and Vegetable Sales performed from a vehicle/trailer that does not remain
on any site(s) within the City, in excess of twelve (12) hours of a twenty-four (24)
hour period.
4-9-12: MOBILE FOOD VENDOR LICENSE FEE: The fee for a mobile food
vendor license shall be determined by a schedule of fees adopted by the City Council by
resolution which may be amended from time to time.
4-9-13: MOBILE FOOD VENDOR LICENSE APPLICATIONS:
Applications for a mobile food vendor license shall be in writing on a form furnished by the
City and shall be filed with the City Clerk. Applications shall contain the following
information:
A. The applicant/business name, physical and mailing addresses of the
applicant/business, and
1. If the applicant is a corporation, or partnership, association or other
business entity, then also the names and residential addresses of all
persons owning ten percent (10%) or more of the shares or assets of the
entity;
B. The names, drivers license number, and state of issuance of all persons who will
sell or offer for sale any goods, wares, merchandise or services;
C. A description of the type of food to be sold;
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D. A description and license or registration number of each motor vehicle that will
be used in connection with making sales, and the names of all persons who will
be driving such motor vehicles, their driver's license numbers and the names of
the states by which the licenses were issued;
E. A statement of whether any business-related permit or license held by the
applicant or any of the applicant's agents or employees has been revoked within
the past five (5) years by any jurisdiction, and if so, where, when and why the
revocation occurred;
F. The business/applicant's social security or taxpayer identification number (EIN),
state identification number and state sales tax number;
G. A statement of whether the applicant has been convicted of any crime other than
a minor traffic violation, and if so, the nature, place and date of each such
offense (within the past five (5) years);
H. A statement of all locations in the City where the goods, wares, merchandise or
services will be sold;
I. Additional information required within the application provided to applicant by the
City may include, but not be limited to, the business/applicant’s phone number,
mobile number, email address, business website and person of contact.
4-9-14: MOBILE FOOD VENDOR INVESTIGATION OF APPLICANT AND
ISSUANCE OF LICENSE:
A. On receipt of the application, the City Clerk shall forward the application to the
appropriate Department Heads, who shall make an investigation to verify the
information in the application and compliance with applicable City codes.
Department Heads shall report their findings to the City Clerk as soon as
reasonably possible, but no later than thirty (30) days after the application is filed
with the City Clerk.
B. Upon receipt of approvals by Department Heads, the City Clerk shall issue a
license.
4-9-15: MOBILE FOOD VENDOR DISPLAY OF LICENSE: The mobile food
vendor license required by this Chapter shall be exhibited at all times in a place
conspicuous to the public at any location where food is being sold from a vehicle
licensed to dispense food under the rules of this chapter.
4-9-16: MOBILE FOOD VENDOR LOCATION RESTRICTIONS: Mobile vendors
making sales from vehicles operated on the City's public streets shall stop their vehicles
at curbside before making any sales. Mobile vendors shall not make sales from vehicles
parked, stopped or standing on public sidewalks of the City. Sales shall not be made to
persons who are on public streets, but may be made to persons on public sidewalks.
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4-9-17: MOBILE FOOD VENDING IN PUBLIC PLACES:
A. Issuance of a mobile food vendor license shall not entitle the licensee to conduct
business on any street, sidewalk or other location within any park owned or
maintained by the City.
B. No person shall conduct the business of a mobile food vendor within any park
owned or maintained by the City except under a franchise contract approved by
the City Council.
4-9-18: MOBILE FOOD VENDOR LOCATION TIME LIMITS: No mobile food
vendor shall make sales from any one location on a public street for more than two (2)
consecutive hours.
4-9-19: MOBILE FOOD VENDOR LITTER CONTROL: Any sales vehicles
operated by a mobile food vendor shall be equipped a with suitable trash container
readily accessible to the public, in which the vendor's customers may deposit any litter,
trash or waste related to the vendor's sales. Prior to moving a sales vehicle from a sales
location, a mobile food vendor shall pick up and remove all litter, trash and waste related
to the vendor's sales within a one hundred foot (100') radius of the sales vehicle.
4-9-20: RESERVED
4-9-21: TERM OF LICENSE: All licenses issued under the regulations of this
chapter shall expire one (1) year from the date of issue, unless another date is endorsed
on the license by the Clerk.
4-9-22: LICENSE NONTRANSFERABLE: Licensees shall not allow their license
to be used by any person other than their agents or employees for any purpose.
Licenses issued under the regulations of this chapter shall be nontransferable and non-
assignable.
4-9-23: SALES VEHICLE REGISTRATION: Any vehicle from which a mobile
food vendor or itinerant merchant makes sales shall be registered as required by State
law.
4-9-24: SALES VEHICLE EQUIPMENT: Mobile food vendors and itinerant
merchants shall not operate, move, park, stop or stand any sales vehicle on the City
streets unless the vehicle is equipped as required by State law.
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4-9-25: TRAFFIC AND PARKING REGULATIONS: Mobile food vendors and
itinerant merchants shall comply with all State and City traffic and parking, stopping and
standing laws, ordinances and regulations.
4-9-26: UNLAWFUL CONDUCT: No mobile food vendor or itinerant merchant
shall do any of the following:
A. Engage in any fraudulent, deceptive or unlawful business practice;
B. Make any materially false statement or representation concerning the nature,
quality or durability of any goods, wares, merchandise or services sold or offered
for sale, knowing the statement to be false; or
Make any materially false or misleading statement on an application for a license under
this Chapter
4-9-27: LICENSES, DENIAL, SUSPENSION OR REVOCATION: The City Clerk
may revoke or suspend any license issued under this chapter upon giving ten (10) days’
notice to the license holder. Appeals of the City Clerk’s decision must be filed no later
than fourteen (14) days after the revocation or suspension and shall be heard at the next
available City Council meeting. Denials of licenses issued pursuant to this chapter shall
be based on non-compliance to the stated provisions of this chapter or requirements of
codes adopted by the City Council as they may apply to this chapter. Appeals on
denials shall be handled the same as revocations or suspensions. Failure to appeal
shall be deemed as a final decision of the City. The ruling of the City Council shall be
the final decision of the City.
4-9-28: REQUIRED INSPECTION: Any mobile food vendor or itinerant merchant
business licensed under the Ammon City Code shall be subject to the following
inspections Fire, Building, Plumbing, Mechanical and/or Electrical. The fee for said
inspection shall be determined by a schedule of fees adopted by the City Council by
resolution which may be amended from time to time.
4-9-29: PENALTY: Any violation of the provisions of this chapter shall be
deemed a misdemeanor and shall be subject to penalties prescribed for such violations
under section 1-4-1 of this code.
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