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HomeMy WebLinkAboutOrdinance 06-1999 - tabled ' . �•�1 ��, ORDINANCE NO. 6-99 AN ORDINANCE TO PROVIDE FOR THE LICENSING OF TEMPORARY MERCHANTS AND TEMPORARY STRUCTURES BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS: I. DEFINITIONS 1. For the purpose of this Ordinance: a. A "permanent business" is a business that has continuously operated in the City for a period of more than six(6) months. b. A "temporary merchant" is any person, firm, corporation,partnership or association, or agent thereof who establishes a temporary business offering wholesale or retail goods for sale that are directly or indirectly related to a period of time during which a designated or undesi�nated community event occurs. (1) A permanent business establishing a temporary structure on its own property or on the property of others during a designated or undesig- nated community event that offers goods for sale that are not cus- tomarily offered for sale by the permanent business shall be licensed as a temporary merchant. (2) A permanent business that offers goods for sale within the confines of the business structure during a designated or undesignated community event that are not customarily offered on a permanent basis shall be licensed as a temporary merchant. c. Exceptions. Menu changes by a permanent food service establishment and offered far sale within the confines of the business structure. II. LICENSE FOR TEMPORARY MERCHANT No person shall engage in any business as a temporary merchant without first securing a valid South Dakota Sales Tax License and a Temporary Merchants License for each structure, stand, tent, vehicle, booth or place used by such merchant. A temporary merchant shall not be licensed under any other person's sales tax license. ' �""� .- III. APPLICATION TO OBTAIN TEMPORARY MERCHANTS LICENSE A temporary merchant shall file with the Finance Officer for the City of Brookings a verified application stating his or her name and residence; description and identification of the place in which he or she proposes to do business; description of the goods he or she intends to sell; the date he or she acquired such goods; and the name and address of the last person from whom he or she acquired them and the place from whence they were last moved. IV. LICENSE FEE The temporary merchant's license fee shall be $100.00 for a maximum period of fourteen(14) days, or a fraction thereof. The Finance Officer shall note on the license the time period for which it is effective. On filing the application and payment of the fee prescribed in this Article,the Finance Officer shall issue a license to the applicant to do business at the place described in the application and for the time which the license fee has been paid in advance. V. Prior to the issuance of any temporary merchant's license,the temporary merchant must display and affix to the application a copy of his South Dakota Sales Tax License VI. TEMPORARY STRUCTURES Temporary structures such as vending stands, reviewing stands and other miscellaneous structures, sheds, canopies,tents, awnings and fences may be erected provided that a special temporary permit is obtained, which permit shall be issued by the Finance Officer for a period not to exceed thirty (30) days. The fee for the temporary permit is included in the temporary merchants license. VII. All temporary structures shall be dismantled upon the expiration of the time limit stated in the permit and shall be removed from the premises within three (3) days of expiration of the permit. If the structure is not removed within three (3) days from the expiration of the permit, the City shall remove the structure and charge the cost of removal to the owner. The City may bring an action in Magistrate or Circuit Court for recovery of said costs. • r `T � ♦ VIII. TEMPORARY FOOD SERVICE STRUCTURES All temporary food service structures shall have asphalt, concrete, wood or a similar material for flooring and shall display inspection certificates from the South Dakota Department of Health. IX. LOCATION OF TEMPORARY MERCHANTS Temporary merchants shall only be located on private property which is properly zoned. Temporary merchants licenses shall not be issued on public property, except for designated community events. If a designated committee event is held exclusively on public property, temporary merchant fees shall be waived for merchants so located. Any designated or undesignated event that proposes to restrict in any manner,public access to public property shall not be approved, and the temporary merchants license shall not be issued. Exception: Upon approval of the City Commission, vehicular access to public streets may be restricted to accommodate the needs of a designated community event. X. STRUCTURES AND SETBACKS A booth or structure must contain a minimum space of ten square feet(10'). Booths can be placed back to back, but there must be an eighteen foot(18')walkway or emergency access between rows of booths. No booths shall be set up on boulevards or sidewalks and there must be a four foot(4') setback from the sidewalk. XI. RESTROOM FACILITIES At least one (1)portable restroom facility shall be made available for vendors and the public for every ten(10) booths located on private property. XII. STOR.AGE OF MERCHANDISE It shall be unlawful to store or place merchandise outside of the booth space. . ' '• . XIII. ISSUING AUTHORITY All permits for temporary structures shall be issued by the City Finance Officer. XIV. SITE AND SIGN PLAN The City Finance Officer may require the applicant to file a Site andlor Sign Plan drawn to scale showing the location and size of all structures and signs upon the lot. XV. COMPLIANCE WITH CODE Temporary structures need not comply with the Uniform Building Code, Uniform Fire Code, Electrical or Plumbing Codes, as adopted by the City of Brookings. XVI. PROPERTY OWNER'S RESPONSIBILITY No property owner shall permit the placement of temporary booths upon their property unless the temporary merchant shall be licensed as provided herein. XVII. PENALTIES A violation of this ordinance shall subject the violator to a fine of up to Two Hundred Dollars ($200.00). Each day a violation takes place shall constitute a separate offense. FIRST READING: March 9, 1999 SECOND READING: March 16, 1999 PUBLISHED: TABLED CITY OF BROOKINGS: Mayor ATTEST: City Finance Officer