HomeMy WebLinkAboutOrdinance No. O11-05 ORDINANCE NO. 011-05
AN ORDINANCE AMENDING SECTION 5.44.030 TITLED "EXCEPTIONS TO
PROVISIONS" LOCATED AT TITLE 5 OF THE LAUREL MUNICIPAL CODE.
WHEREAS, various non -profit organizations fund their respective entities by sponsoring
short term events in the City of Laurel in which vendors pay an entry fee to participate and sell their
items; and
WHEREAS, the Laurel Municipal Code currently provides that such vendors must pay a
business license fee in addition to an entry fee to participate in these events; and
WHEREAS, many vendors find the required business license fee cost prohibitive and
therefore are unable to attend these events; and
WHEREAS, non -profit organizations in the City stand to benefit if such vendors are exempt
from the business license fee ordinance; and
WHEREAS, the City Council has determined that adopting the suggested amendments is in
the best interest of the City of Laurel as follows:
5.44.030 Exceptions to provisions.
The provisions of this chapter shall not apply to bona fide merchants having regularly established
places of business within the city, or to any regularly licensed auctioneer or to any person
distributing by sale or otherwise, produce, produced by him on owned or leased premises; provided
such premises are located within one hundred fifty miles of the city or to any vendors participating
in a one (1) or two (2) day event, sponsored by a Laurel- based, non -profit organization which
charges vendors as a fundraiser to profit said organization, and shall include the Laurel Downtown
Farmers Market participants duringthe one (1) day per week event throughout the summer growing
season.
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on March 15,
2011, by Council Member Hart
PASSED and ADOPTED by the Laurel City Council on second reading this 19th day of
April , 2011, upon motion of Council Member Mace
APPROVED BY THE MAYOR this 19th day of April , 2011.
CITY • F LAUREL
enneth E. ikon, Jr."!yor
011 -05 Transient Merchant Exceptions
ATTEST:
)1�/ C. It y r ( l
Shirley Ewan, Clerk- Treasurer
S.1 amter, Lega ounsel
Elk River Law Office, P.L.L.P.
011 -05 Transient Merchant Exceptions
Laurel Chamber of Commerce
108 East Main St
Laurel Montana 59044
Iaurelchamber(c�rbbmt.org 406 - 628 -8105 www.Iaurelchamber.org
"Building a better community and economic growth through communication and business relations"
February, 18 2011
City of Laurel
Laurel, Mt. 59044
Dear Mr Mayor and City Council Members,
The Laurel Chamber of Commerce Board of Directors would like to make a recommendation that:
• For special events, held by Laurel based non profit organizations who invite outside vendors to sell
their food or wares to the public, for the purpose of raising funds for their organization, and for a 1
or 2 day event only, that the vendors be exempt from buying a city business license.
Examples of these events are:
• Laurel Downtown Farmers Market
• July 4 Food and Craft Fair
• Christmas to Remember Craft Fair
• Heritage Days Craft Fair
• Rock the Block
Sincerely Yours,
Becky Dickerson
President
This request is supported by Laurel Business Owners /Managers as per the attached signed petition.
0
- May 11 2010
City of Laurel Chapter 5.44 Transient Merchants
License Required 5.44.020
Exceptions to Provisions 5.44.030
Where within the current ordinance do "not- for - profit" organizations fall?
Under section 5.44.020 License Required - there is no mention that not - for - profit organizations
need to purchase a City Business License.
However, within the current ordinance, Exceptions to Provisions 5.44.030 - there is also no
provision for not - for - profit organizations who invite venders to sell their wares in an event that
is:
• open to the public,
• for benefit of the community,
• a "for profit" fundraiser to benefit the organization.
Justification
• City currently has no ordinance in place concerning non - profit organizations' fund raisers
with vender participants.
• This amendment serves as a clarification to all non - profit organizations
• Farmers Market exempt licensing is included within the amendment.
• A large majority of venders invited to participate in non - profit food and craft fairs are
"mom and pop" type vendors and can not afford an additional amount for a business
license over and above the amount paid for the event.
• Most non - profit events include only a one (1) or, at most, a two (2) day event.
• Most retail businesses are not opposed to Farmers Market or short term food and craft
fairs, as proven by the signatures of business owners and managers collected. (see
attached sheet,
Cost to City to implement amendment.
• There is no foreseeable cost to the City or difference in income from the previous year.
Laurel Chamber of Commerce, on behalf of all Laurel based not - for - profit organizations and
backed by it's membership, hereby suggests a:
Resolution to Expand the Exception to Provisions 5.44.030
Which will include the following:
The provisions of this chapter shall not apply to bona fide merchants having regularly established
places of business within the city, or to any regularly licensed auctioneer, to any person
distributing by sale or otherwise, produce, produced by him on owned or leased premises; provided
such premises are located within one hundred fifty miles of the city
Prior code -5.08.030 or to an vend • r • ar ici ! a in • in a • ne 1 • r two 2 • • - v - n
sponsored by a Laurel based, non - profit organization which charges vendors as a
fundr . is - r to • rofit sal. • r • . niz . i • n and hall in lude h - Laurel Down own Farm- rs
Market participants during the one (1) day per week event throughout the summer
growing season.
i +
• • 5.44.050 - Application requirements.
Chapter 5.44 TRANSIENT A. Every transient merchant desiring to do
business in the city must, before commencing
MERCHANTS such business, file with the city clerk -
Sections: 5.44.010 - Definition. treasurer, an application in writing. The appli
5.44.020 - License required. cation shall contain the information required
5.44.030 - Exceptions to provisions. by Section 5.04.040, and in addition provide
5.44.040 - License fee. the following information:
5.44.050 - Application requirements. 1. Give a brief descriptive list of articles
5.44.060 - Issuance. to be offered for sale, or services to be per
5.44.070 - Display of license required. formed;
2. State whether payments or deposits of
5.44.010 - Definition. money are collected when orders are taken, or
"'Transient merchant," otherwise called itinerant in advance of final delivery.
vendor or peddler, means any person, whether acting as B. At the time of filing the application,
owner, agent, consignee or employee, whether a resident such transient merchant must accompany the
of the city or not, who engages in a temporary business application with the sum specified in Section
of selling, delivering, or offering for sale, goods, wares and 5.44.040. (Ord. 97 -2 § 4 (part), 1997; prior
merchandise and subscriptions within the city and who, in code § 5.08.050)
furtherance of such purpose, uses or occupies the streets,
alleys or sidewalks of the city or any structure, motor 5.44.060 - Issuance.
vehicle, or other place within the city for the exhibition
and sale of such goods, wares and merchandise. (Prior`, A. Upon filing of the application prescribed in Section
code § 5.08.010) 5.44.050, in proper form and upon the payment to the
city clerk- treasurer of the sum required by Section
5.44.020 - License required. 5.44.040 of this chapter, the city' clerk - treasurer shall
It is unlawful for any person, firm or corporation to engage issue and deliver to the applicant a license to carry on
in the business, trade or calling of itinerant merchant the business de scribed in the application. The license
within the corporate limits of the city, without first having shall be nontransferable and shall have printed on the face
obtained a license to do so. (Prior code § 5.08.020)
... _ thereof in bold type the words "not transferable."
B. The city clerk- treasurer shall endorse upon
5.. - pons to provisions.
�. 44030 � Exceti t each application the date .. of issuance of the license
and shall file the application with the city clerk -
The provisions of this chapter shall not apply to bona fide treasurer. (Ord. 97 -2 § 4 (part), 1997; prior code
merchants having regularly established places of business §5.08.060)
within the city, or to any regularly licensed auctioneer
or to any person distributing by sale or otherwise, 5.44.070 - Display of license required.
produce, produced by him on owned or leased premises; Every transient merchant doing business under
provided such premises are located within one hundred the provisions of this chapter must, upon demand
fifty miles of the city. (Prior code §5.08.030) of any official of the city exhibit his license and
permit the same to be read by the official making
5.44.040 - License fee. such demand. (Prior code § 5.08.070)
The fee for a city license to engage in the business of
transient merchant shall be established annually by city
council resolution after a public hearing. The fee may only
be prorated to one -half year. (Ord. 06 -04 (part), 2006: Ord.
02- 21,2002: prior code § 5.08.040)
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Laurel Chamber of Commerce
108 East Main St
Laurel Montana 59044
Iaurelchamber @rbbmt.org 406- 628 -8105 www.Iaurelchamber.org
"Building a better community and economic growth through communication and business relations"
WE NEED YOUR SUPPORT
Dear Laurel Chamber of Commerce Business Members.
The Chamber is in a position to present a change of ordinance to the City d uncil concerning
Business License's for vendors at Non -Profit Fundraisers for a 1 or 2 day event period.
* The current ordinance in it's entirety is attached.
The Breakdown - - -- The current ordinance states that anyone selling anything in the City
Limits must obtain a City License (with exceptions). The Chamber is would like to expand
the existing EXCEPTION on behalf of all Laurel based non - profit
How this affects the Chamber and other not for profit organizations -
As the ordinance is currently written, the Chamber Farmers Market and July 4 Food and Craft
Fair, the Heritage Days craft vendors, Christmas to Remember craft vendors and any vendors
that may be invited to sell for a cost, at any other non -profit event such as Rock the Block, must
have a City Business License. (Currently, the cost of a business license is $75.00 regardless if
per year or for a one (1) day event.
5.44.030 - Exceptions to provisions.
The provisions of this chapter shall not apply to bona fide merchants having regularly
established places of business within the city, or to any regularly licensed auctioneer, to any
person distributing by sale or otherwise, produce, produced by him on owned or leased premises;
provided such premises are located within one hundred fifty miles of the city or to any vendors
participating in a one (1 ) or two (2) day event, sponsored by a Laurel based, non-
profit organization which charges vendors as a fundraiser to profit said organization.
(Prior code §5.08.030)
The Chamber is asking for the support of pr retail business members in getting this
ordnance changed.
If you are in support of this change, plean sign below. This petition will be presented to
the City Council along with the request td'evise the current ordinance
Chapter 5.44 TRANSIENT.
•
Laurel Businesses in Support of Change of Ordinance
Business Name Owner /Manager Date
/ . , r )t' 4, f 7TF4 ricoS A - releA (e.v -77 f ,4 z 12:4 //o
-7F-4611C5YLASley _ v „ Fi ( / YAC AO
/' 615 Pharma o .. LL % r 11 1 1 d //
.!AA .„70- eticua t 2 i0,t 1 7/-..17- /0
— irer 9 c i Y' Ai I /1 / ' . .l
r v/
q N4 k C4 1T u )Vl'n/ ;' 1 _y ` �-- 4 - in
boas e A/do 7i'./e
r -
rule i s Xv is.t{fix .d ro,
FAA' ci. Phan ,t-( 1{ -29 -/U
STAiT 1 k M r gog ct 0 q-29 -to
3 /e_s.sed
14v�� - ! /%i=i7
,,,9 0 re 0 Pt . r .,..-/— ,, .i_c . numierfit, _,.., 9 - - / 0
"--___ MIWIIIMMEIVEMBILMILW 6,•-..; 4 tc ,-( 1, /0
y
it l i , . . .. it ealet k _ _.-) 4.- /O
d)1owes; . � ;w4-4.JE T c. 4, h . L ..- a
(`) ..„ r...0,-.--1 ei31”
e
Farmers Market participants shall be totally
Chapter 5.44 TRANSIENT exempt.
Other events,
MERCHANTS Up to a two (2) day event - $5.00
Sections: 5.44.010 - Definition. One (1) week event - $10.00
5.44.020 - License required. One (1) month event - $25.00
5.44.030 - Exceptions to provisions. OR
5.44.040 - License fee. CHANGE TO : Any and all Non - profit
5.44.050 - Application requirements. organizations that sponsor an event and
5.44.060 - Issuance. who charges vendors to attend said special
5.44.070 - Display of license required. events in which the vendors also make a
profit. The fee schedule shall be prorated as
5.44.010 - Definition. follows:
'Transient merchant," otherwise called itinerant
vendor or peddler, means any person, whether acting as (Ord. 06 -04 (part), 2006: Ord. 02- 21,2002: prior code §
owner, agent, consignee or employee, whether a resident 5.08.040)
of the city or not, who engages in a temporary business
of selling, delivering, or offering for sale, goods, wares and 5.44.050 - Application requirements.
merchandise and subscriptions within the city and who, in A. Every transient merchant desiring to do
furtherance of such purpose, uses or occupies the streets, business in the city must, before commencing
alleys or sidewalks of the city or any structure, motor such business, file with the city clerk -
vehicle, or other place within the city for the exhibition treasurer, an application in writing. The appli
and sale of such goods, wares and merchandise. (Prior cation shall contain the information required
code § 5.08.010) by Section 5.04.040, and in addition provide
the following information:
5.44.020 - License required. 1. Give a brief descriptive list of articles
It is unlawful for any person, firm or corporation to engage to be offered for sale, or services to be per
in the business, trade or calling of itinerant merchant formed;
within the corporate limits of the city, without first having 2. State whether payments or deposits of
obtained a license to do so. (Prior code § 5.08.020) money are collected when orders are taken, or
in advance of final delivery.
5.44.030 - Exceptions to provisions.
B. At the time of filing the application,
such transient merchant must accompany the
The provisions of this chapter shall not apply to bona fide application with the sum specified in Section
merchants having regularly established places of business 5.44.040. (Ord. 97 -2 § 4 (part), 1997; prior
within the city, or to any regularly licensed auctioneer code § 5.08.050)
or to any person distributing by sale or otherwise,
produce, produced by him on owned or leased premises; 5.44.060 - Issuance.
provided such premises are located within one hundred
fifty miles of the city. (Prior code §5.08.030) A. Upon filing of the application prescribed in Section
5.44.050, in proper form and upon the payment to the
5.44.040 - License fee. city clerk- treasurer of the sum required by Section
The fee for a city license to engage in the business of 5.44.040 of this chapter, the city' clerk - treasurer shall
transient merchant shall be established annually by city issue and deliver to the applicant a license to carry on
council resolution after a public hearing. (NOW) The fee
may only be prorated to one - half year. the business de scribed in the application. The license
shall be nontransferable and shall have printed on the face
thereof in bold type the words "not transferable."
CHANGE TO : The fee may be prorated for B. The city clerk - treasurer shall endorse upon
Non Profit Organizations who charge vendors
to attend special events in which the vendors each application the date of issuance of the license
also make a profit. The fee schedule shall be and shall file the application with the city clerk -
treasurer. (Ord. 97 -2 § 4 (part), 1997; prior code
prorated as follows:
► - §5.08.060)
5.44.070 - Display of license required.
Every transient merchant doing business under
the provisions of this chapter must, upon demand
of any official of the city exhibit his license and
permit the same to be read by the official making
such demand. (Prior code § 5.08.070)