An ordinance renaming and revising title xi business regulations chapter 113 peddler’s, solicitors, transient merchants and mobile food vendors of the revised ordinances of the city of hot springs and establishing rules and regulations for mobile food vendoring/vendors within the city
Be it ordained by the city council of the city of hot springs, that title xi business regulations, chapter 113 peddlers, solicitors and transient merchants be revised and amended as follows:
Peddlers, solicitors, transient merchants and mobile food vendors
Section 113.01. Peddlers Defined.
A “peddler” is a person, principal or agent, engaged in the selling of personal property by going about from place to place or house to house to sell such property and who carries with him such property for delivery at time of sale in Hot Springs or any municipally owned or controlled park thereof.
Section 113.02. Solicitors Defined.
A “solicitor” is a person, principal or agent, engaged in going about from place to place or house to house soliciting orders for, or offering to sell property for future delivery in Hot Springs or any municipally owned or controlled park.
Section 113.03. Transient Merchants Defined.
A “transient merchant” is a person, principal or agent, who engages in a temporary or itinerant business from a temporary location or structure in the city, and who, for the purpose of carrying on such business, hires, leases or occupies any land, structure, trailer or truck for the exhibition and sale of such goods, wares or merchandise and includes the sale of any article, fruit, vegetable or farm product.
Section 113.04. Mobile Food Vending/Vendor(s) Defined.
Mobile Food Vending/Vendor(s). For the purposes of this article, the term “mobile food vending/vendor(s)” shall be defined as an activity whereby prepared food, either on-site or at other licensed food preparation facility, or beverages are sold to the general public from a food truck or food cart. This definition shall include both food trucks and food carts. This definition shall not include food and beverage delivery services.
Section 113.05. Scope of Chapter.
It shall be unlawful for any person to engage in business as a peddler, solicitor, transient merchant or mobile food vendor within the city without first obtaining a license and paying the applicable fees. Licenses issued under this chapter shall be non-transferrable
The provisions of this ordinance with reference to the bonding and licensing of solicitors, peddlers, and transient merchants shall not apply to solicitations, sales, or distributions, made by charitable, educational or religious organizations which have their principal place of activity in the City of Hot Springs.
Section 113.06. Nuisances; Exceptions.
It shall be unlawful for any peddler, solicitor or transient merchant to enter upon a private premises when the same are posted with a sign stating “No Peddlers Allowed,” “No Solicitors Allowed,” or the like. Any peddler, solicitor or transient merchant who enters upon premises owned or leased by another and willfully refuses to leave the premises having been notified by the owner or possessor of the premises, to leave the same, shall be deemed guilty of a misdemeanor. It shall be unlawful for any peddler, solicitor or transient merchant to make false or fraudulent statements concerning the quality or nature of goods, wares, merchandise or services for the purpose of inducing another to purchase the same.
Section 113.07. Licenses and Fees for Peddlers, Solicitors, Transient Merchants, and Mobile Food Vendors.
The license duration and fee for a solicitor, peddler, transient merchant or mobile food vendor shall be in an amount, and duration, as set by the City Council from time to time.
At the time of filing application, the applicant for a license shall present their driver’s license or other picture identification. The applicant for a license under this article shall state:
(1) Whether the applicant, upon any sale or order, shall demand, accept or receive payment or deposit of money in advance of final delivery;
(2) The period of time the applicant wishes to engage in business within the city;
(3) The local and/or permanent address of applicant;
(4) The local and/or permanent address and the name(s) of the person(s), if any, that the applicant represents;
(5) The kind of goods, wares, merchandise or services the applicant wishes to engage in such business within the city;
(6) If applicable, the last three (3) cities or towns wherein the applicant has worked before coming to this city;
(7) Such other relevant information as the city may require for the investigation of the applicant.
It shall be unlawful for any person to give any false or misleading information in connection with his application for a license. Every individual having a license issued under the provisions of this section and doing business within the city shall display, or present, said license upon the request of any person.
Section 113.08. Bonds/Insurance Required-Peddlers, Solicitors and Transient Merchants.
Every solicitor, peddler, or transient merchant, before receiving a license, shall file in the office of the City Finance Officer a bond in the penal sum of Five Hundred Dollars ($500) for the faithful performance and obligation of such solicitor, peddler, or transient merchant arising in connection with their business as such and for the payment of all claims for damages for which they may become liable through fraud, deceit, or otherwise in the course of their business. A commercial general liability insurance policy with a limit not less than one million dollars per occurrence and two million dollars general aggregate naming the City of Hot Springs as an additional insured, may be accepted in place of a bond if available.
Section 113.09. Mobile Food Vendor-Permitted Locations
Mobile food and beverage vending shall be permitted at the following locations:
(1) On private property zoned GC-general commercial, HS-highway service or MXD-mixed use.
(2) Any parking lot that serves a City of Hot Springs park, and the parking lot is owned by the City of Hot Springs
(3) On public sidewalks, only food carts are permitted. A clear space of five (5) feet in any direction around the food cart must be provided on the public sidewalk.
Section 113.10. Mobile Food Vendor-Locations and Times Prohibited
(1) Mobile food and beverage vending is prohibited where vending activity is blocking access to a public street, alley, bike path, sidewalk, or access to an adjacent property.
(2) Mobile food and beverage vending is prohibited within the city between the hours of 12AM and 5AM
(3) The above prohibited times and locations do not apply to mobile food vendors operating where a city approved special event permit has been issued, AND with authorization from the special event sponsor.
Section 113.11. Mobile Food Vendor-Health, Safety and Sanitation
Mobile food and beverage vendors shall:
(1) Operate according to the minimum public health and food safety requirements determined by South Dakota Department of Health
(2) Comply with the fire safety requirements checklist as provided on the South Dakota mobile food and beverage vending license
(3) Comply with the licensing requirements of the State of South Dakota including food, sales tax, and mobile food and beverage vending
(4) Provide a trash bin for public use and remove all garbage within twenty-five feet of any food truck or food cart
(5) Not broadcast loud noise that results in a nuisance to the surrounding properties.
Section 113.12. Mobile Food Vendor-Signage
Signs, billboards and other advertising structures are subject to the regulations set forth in Chapter 155: Zoning Code §155.051 and, if applicable, Chapter 32: Historic Preservation §32.07
Section 113.13. Mobile Food Vendor-Alcohol
Mobile food vendors shall not sell or distribute alcoholic beverages
Section 113.14. Mobile Food Vendor-Liability and Insurance
Mobile food vendors operating from public streets and sidewalks or other City-owned property shall maintain commercial general liability insurance with a limit of not less than one million dollars per occurrence and two million dollars general aggregate naming the City of Hot Springs as an additional insured. A copy of the certificate of coverage shall be provided to the City of Hot Springs at all times while the license is in effect and, an official notice to the City of Hot Springs Finance Office, shall be provided when coverage is terminated.
Section 113.15. Peddling in Parks.
It shall be unlawful for any peddler, solicitor or other person, excepting a person occupying a portion of a park under a valid park reservation agreement, to sell, or offer to sell, to any person within any municipal park of the City, any goods, wares, merchandise, books, pictures, novelties, souvenirs, or trinkets, or any other article of commerce and trade, including goods of his own production or manufacture.
Section 113-16. Revocation.
Any license issued under the provisions of this ordinance shall be subject to revocation by the City Council for violation of any provisions of state law, or city code/ordinance according to the following procedure:
(1) Licensee shall be provided with written notice that describes the nature of the violation and a timeline for correction.
(2) If correction is not completed within the time specified, the City of Hot Springs Code Enforcement Officer will recommend revocation of the license at the next regularly scheduled City Council meeting.
Upon such revocation such license shall be surrendered to City Hall.
Severability. The provisions of this ordinance are severable. If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
Effective Date. This Ordinance will become effective 20 days following publication, which will occur after the ordinance receives second and final reading by the City Council and is signed by the Mayor.
Dated this 16th day of December 2019.
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
First Reading: 12/2/2019
Second Reading: 12/16/2019
Published once at the total approximate cost of $133.86
Published: Dec. 26, 2019