Chapter 5.10
TRANSIENT AND ITINERANT MERCHANTS AND VENDORS

Sections:

5.10.010    Definitions.

5.10.020    License – Required.

5.10.030    License – Exception to requirement – Notice of claimed exemption.

5.10.040    License – Application.

5.10.050    License – Issuance – Investigation.

5.10.060    Bond.

5.10.070    Exhibition of license.

5.10.080    Transfer of license.

5.10.085    Hours of solicitation.

5.10.090    Revocation of license.

5.10.100    Expiration of license.

5.10.110    Violation – Penalty.

5.10.010 Definitions.

For the purpose of this chapter a “transient merchant, itinerant merchant, or itinerant vendor” is defined as any person, firm, or corporation, whether it is the owner, agent, consignee, or employee, whether a resident of the City or not, who engages in the temporary business of selling and delivering goods, wares, and merchandise within the City, and who, in furtherance of such purpose hires, leases, uses, or occupies any parking lot, vacant lot, motor vehicle, tent, street, alley for the exhibition and sale of such goods, wares, and merchandise, either privately or at public auction. The person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter 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. (Ord. 5634 § 1, 2005; Ord. 4313 § 2, 1979).

5.10.020 License – Required.

It is unlawful for a transient merchant, itinerant merchant, or itinerant vendor, as defined in AMC 5.10.010, to engage in such business within the City, without first obtaining a license therefor in compliance with provisions of this chapter. (Ord. 4313 § 1, 1979).

5.10.030 License – Exception to requirement – Notice of claimed exemption.

(1) The provisions of this chapter requiring application for license shall not apply to nonprofit organizations where the proceeds of the sale do not inure to the direct benefit of an individual member of the organization; sales where a contract has been signed by the City and the applicant providing that the proceeds received by the applicant from such business, occupation, or trade will be used to improve a part of the City’s public park system; sales conducted on public property with the prior written consent of the public entity that owns or controls said property; indoor sales; or sales of services which are subject to separate license requirements, such as door-to-door sales.

(2) A person or organization claiming an exemption from the provisions of this licensing chapter shall, prior to engaging in a temporary business, give notice of the proposed sale to the City Recorder of the City or, in his/her absence or in the event the City Recorder’s office shall be closed, then to the Albany Police Department at its headquarters. Notice shall state the location of the proposed sale and the basis of the claimed exemption. (Ord. 5634 § 2, 2005; Ord. 4313 § 2, 1979).

5.10.040 License – Application.

Applicants for license under this chapter, whether a person, firm, or corporation, shall file a written, sworn application signed by the applicant, if an individual; by all partners of a partnership; and by the President, if a corporation; with the City Recorder, showing:

(1) The name or names of the person or persons having the management or supervision of the applicant’s business during the time that it is proposed that it will be carried on in the City; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent, or otherwise); the name and address of the person, firm, or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated;

(2) The place or places in the City where it is proposed to carry on the applicant’s business and the length of time during which it is proposed that the business shall be conducted;

(3) The place or places, other than the permanent place of business of the applicant, where applicant, within the six months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. (Ord. 5634 § 3, 2005; Ord. 4313 § 3, 1979).

5.10.050 License – Issuance – Investigation.

Upon receipt of such application and payment by the applicant of a license fee, a license shall be issued by a designated City employee. The City shall keep a full record of all licenses issued. This license shall contain the name of the licensee, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of the license, the place where the business may be carried on under the license, and the name or names of the person or persons authorized to carry on the same.

(1) An application for a sale that will occur no longer than 30 days’ duration in a calendar year will pay a license fee of $50.00.

(2) An application for a business that will operate longer than 30 days and up to 120 days will be referred to the Community Development Department for site plan review in accordance with the Albany Development Code. The fee for the site plan review will be applicable planning fees. Site plan review approval shall be valid for up to three years subject to an annual license renewal fee of $100.00 paid to the City upon a finding that there have been no changes in site usage or operations.

(3) A business operating for more than 120 days will be subject to all of the Development Code requirements for permanent businesses and shall not require a transient merchant license. (Ord. 5774 § 1, 2012; Ord. 5634 § 4, 2005; Ord. 5013 § 1, 1992; Ord. 4313 § 4, 1979).

5.10.060 Bond.

Before any license, as provided by this chapter, is issued for the engaging in a transient or itinerant business, as defined by AMC 5.10.010, such applicant shall file with the City Recorder a surety bond running to the City in the sum of $1,000 executed by the applicant, as principal, and a corporate surety or two individual sureties upon which service of process may be made in the State, excluding vendors selling food items that are regulated by Linn County; said bond to be conditioned that the applicant shall comply fully with all of the provisions of the ordinances of the City, the statutes of the State, regulating and concerning the sale of goods, wares, and merchandise, and will pay all judgments rendered against the applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him/her by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant. (Ord. 5531, 2002; Ord. 5013 § 1, 1992; Ord. 4559 § 1, 1983; Ord. 4313 § 5, 1979).

5.10.070 Exhibition of license.

The license issued under this chapter shall be posted conspicuously in the place of business named therein. (Ord. 4313 § 6, 1979).

5.10.080 Transfer of license.

No license shall be transferred without written consent of the City Recorder, as evidenced by an endorsement on the face of the license showing to whom the license was transferred and the date of transfer. (Ord. 4313 § 7, 1979).

5.10.085 Hours of solicitation.

No persons shall engage in soliciting as a transient merchant at any place in the City during the period from 9:00 p.m. until 9:00 a.m., unless otherwise specified on the license. (Ord. 4559 § 2, 1983).

5.10.090 Revocation of license.

(1) The license issued pursuant to this chapter may be revoked by the City Council, after notice and hearing, for any of the following causes:

(a) Any fraud, misrepresentation, or false statement contained in the application for license;

(b) Any fraud, misrepresentation, or false statement in connection with the selling of goods, wares, or merchandise;

(c) Any violation of this chapter;

(d) Conducting the business license issued under this chapter in an unlawful manner and in such manner as to constitute a breach of the peace.

(2) Notice of hearing for revocation of the license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the licensee, at his/her last known address, at least five days prior to the date set for hearing. (Ord. 4313 § 8, 1979).

5.10.100 Expiration of license.

All licenses issued under the provisions of this chapter shall expire at the end of their stated term. No applicant who has received a license shall again be eligible for issuance of a new license within 12 months of the issuance of the previous license. (Ord. 5634 § 5, 2005; Ord. 5548, 2002; Ord. 4313 § 9, 1979).

5.10.110 Violation – Penalty.

Any person wilfully violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable under the general penalty provided for in Chapter 1.04 AMC. (Ord. 5013 § 1, 1992; Ord. 4313 § 10, 1979).