ORD 34192 - Amend section 19-89 of municipal code re peddlers •
/b7e//deolf4 "do.
/a. ,,3� o7c�'S�o/97
--- i ORDINANCE NO. iAZ V /
• f
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1 AN ORDINANCE to amend Section 19-89, Peddlers, to partially exempt the peddler's permit
2 requirement in Business Improvement Areas and to provide for an effective date. j
i .
1 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
4 Section 1. Section 19-89 of the Omaha Municipal Code is hereby amended to read as
5 follows:
1 6 Sec. 19-89. Peddlers.
1
i
7 (1)Permit required It shall be unlawful for any person to engage in business as a peddler
8 as hereinafter defined within the corporate city limits without first having obtained a permit therefor
9 as herein provided.
10
11 ' (2)Definition. The term "peddler" as used herein shall include any person traveling by foot,
12 motor vehicle, or other type of conveyance from dwelling to dwelling, carrying, conveying, or
13 transporting candies, foods, magazines, or other merchandise, offering and exposing the same for 1
14 . sale,or making sales and delivering_such.articles to-purchasers,or taking orders for sales for future
15 delivery,whether or not such person has,carries,or exposes for sale a sample of the subject of such
16 sale,or whether or not he/she is collecting advance payment on such sales, or offering to furnish or
j. 17 perform services to be furnished now or in the future.
18
19 The term "peddler" shall also include any person selling candies, foods,magazines, or other
20 merchandise from any location within the city, unless the sales are conducted within a permanent
l 21 business establishment which has On file with the permits and inspection division a current certificate
22 of occupancy permit. Apermanent business establishment is not apeddler when it displays
Yp
p
where it is located.The term"peddler" shall also include mobile refreshment
23 merchandise on the site
I 24. trucks.
25
26 - (3)Application for permit. Applications for permits under this section shall be filed with the
27 permits and inspection division of the planning department on a form to be furnished by the division.
28 The following information may be required:
29
30 (a) Name,address,date of birth,social security number,and description of the applicant.
31
32 (b) Brief description of the nature of the business and the merchandise to be sold or ,
33 services to be provided.
34
35 (c) If employed,the name and address of the employer.
36
ORDINANCE NO. (51//9,2
' PAGE 2 '$ I
1 (d) The length of time (not to exceed one year) for which the right to do business as a
2 peddler is desired.
3 .
4 (e) Temporary business location(if applicable).
5
6 (f) Copy of health department permit(if applicable).
7
. 8 (g) Copy of State of Nebraska sales tax permit(if applicable).
9
10 (h) Street closing permit(obtain from public works, if applicable).
11
i12 (4)Investigation and issuance of permit.
13
14 (a) Upon receipt of an application for door-to-door sales,the application shall be referred i
15 to the police department, which shall investigate the statements contained on the
16 application and determine if they are true and correct. If as a result of such •
17 investigation the police department fords that the statements within the application
18 are materially untrue or incorrect, or if it is found that the applicant has been
19 convicted within the past ten years of a felony or violation of any municipal
20 ordinance,'state or federal law involving moral turpitude,the police department shall
r
21 indicate on the application its disapproval and the reasons for the same, and return
•22 the application to the planning department, which shall notify the applicant that
23 his/her application is disapproved and that no permit will be issued.•
24
25 (b) • Upon receipt of all peddler permit applications other than door-to-door permit
26 applications,the application shall be reviewed by the permits and inspection division
27 only, which shall cause an investigation of the statements contained within the
28 application to be made to determine if the same be true and correct.
29
30 (c) The permits and inspection division shall evaluate all peddler permit applications and }
31 require a Nebraska sales use tax permit if such permit is required by the state.
32 -
33 (d) All peddler permits will be issued by the permits and inspection office, and the
34 permit shall show the name and address of the permittee,the kind of goods to be sold
I. 35 or services to be furnished or performed, the date of issuance; the location (if
36 applicable),and the length of time for which the permit is valid.'Peddlers going door
37 to door will also receive a photo identification badge, which they shall carry at all
3 8 times.
39
40 (5) Qualifications of applicant for permit. No permit shall be issued to a person applying for
41 a peddler permit who is under the age of 16 unless the applicant first obtains an employment
42 certificate as required by state law.
. 43
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ORDINANCE NO. c_i /go2
PAGE 3
1 Any person whose perniiFlias been revoked pursuant tb'subsection(18) of this section shall
2 not be eligible for the issuance of a new permit for a period of six months form the date of revocation
3 and upon meeting the other qualifications required hereunder.
4
5 (6)Transfer ofpermit. Permits issued under this section shall be nontransferable,and no such
6 permit shall be used at any time by any person other than the one to whom it was issued.
7
8 (7)Duty of police to enforce. It shall be the duty of any police officer of the city to enforce
9 the provisions of this section against any person found to be violating the same. The chief of police
10 shall report to the planning department all convictions for violations of this section.
11
12 (8)Hours restricted It shall be unlawful to make door-to-door in-person calls as a peddler
13 to prospective customers before 8:00 a.m. or after 6:00 p.m. on any day of the week unless requested
14 to do so by the prospective customer.
15
16 (9)Exhibition ofpermit. Peddlers without vehicles or stands shall exhibit their permits at the
17 request of any police officer or city inspector,or at the request of any prospective customer. Peddlers
18 with vehicles or stands shall exhibit their permits in such a manner that they are readily visible to
19 any police officer,city inspector,or customer without the necessity of a request to see such permits.
20
21 (10)Expiration ofpermit. All permits issued under the provisions of this section shall expire
22 on the date shown on the permit, which is based on the tax paid.
23
24 (11) Public property bond. Any peddler maintaining or displaying upon any sidewalk or
25 other city owned property any stand for the sale of produce or other merchandise, articles or things,
26 or to display any produce or other merchandise, articles, or things, shall file with the application a
• 27 bond in the amount of$10,000.00, or in an amount otherwise required by the mayor's office. The
28 surety of such bond shall be a corporate surety company authorized to do business in this state. The ,
29 bond and surety thereon shall be approved by the city attorney before the permit becomes effective.
30 Such-bond shall be conditioned:
31
32 (a) That the person to whom the permit shall be issued, and his heirs, successors or
33 assigns, shall save and keep the city free and harmless from any and all loss or
34 damages or claim for damages arising from or out of the use of the space or structure
35 therein mentioned;
36
37 (b) To provide for maintenance of the sidewalk or public way so that it is safe for public
38 use after the permitted use is completed;
39
40 (c) For the full and complete protection of the city against any and all litigation growing
41 out of the issuance of the permit or anything done under such permit;
42
43 (d) For the faithful performance and observance of the provisions of this section; ' . __
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ORDINANCE NO. ,5199,2
- PAGE 4 ,-
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1 (e) For the prompt and full payment of any taxes or other moneys which may become
2 due pursuant to the issuance of the permit.
3 !!�
4 (12) Consent of adjacent_businessmen. The applicant shall file with the application written
5 consent of the property owner of the premises abutting the area in which the stand or display shall
6 be located.
' 7
8 (13) Obstruction of travel. The issuance of a permit shall not authorize or permit the
9 location(s)of any stand or display of produce or other merchandise, articles, or things in a location
10 .which obstructs the sidewalk or interferes with free travel thereon.
11
12 (14)Street shows authorized. Street exhibitions,displays, festivals or shows by or under the
13 auspices of which goods,wares and merchandise or other articles or things or food are held for sale
'14 to the public may be authorized upon the streets and sidewalks of the city when such street II
15 exhibitions,displays,festivals and shows will not be a public nuisance or endanger the public health,
16 . safety, and welfare and will be of public interest and benefit to the city. Before any permit for such
17 an event may be issued, the application must be approved by the public works department,.and a
18 street closing permit must be obtained.
19
20 (15) Certificate of insurance for street shows. Before a permit to conduct a street-sidewalk
21 exhibition, display, festival or show upon the streets and sidewalks shall be issued,the applicant
22 . requesting the permit for the event shall file with the city a-certificate of insurance for property
fi 23 damage and public liability in the amount of$500,000.00, or an amount otherwise required by the
• 24 mayor's office.
i 25
26
27 '
28 licddlcr will not be required to submit a bond.
29 .
30 (4-7 16)Expiration of street show permit. All permits as described in subsection(14) of this
31 section shall be valid for a period not exceeding seven consecutive days.
32
33 -( 17)Revocation of permit.
34 '
35 (a) Permits issued under the provisions of this section may be revoked by the planning
36 director after notice and hearing for any of the following causes:
37
38 1. Fraud,misrepresentation, or false statement contained in the application for
39 the permit;
40 •
41 2. Fraud, misrepresentation, or false statement made in the course of carrying
42 on the permittee's business as a peddler;
43
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ORDINANCE NO. d//Q
PAGE 5
1 3. Any violation of this section;
2
3 4. Conviction of any felony or violation of any municipal ordinance, state or
4 federal law involving moral turpitude.
5
6 (b) Notice of the hearing for revocation of the permit shall be given in writing, setting
7 forth specifically the grounds of complaint and the time and place of the hearing.
8 Such notice shall be mailed to the permittee at his or her last-known address at least
9 five days prior to the date set for the hearing.
10
11 (4} 18)Appeals. Any person aggrieved by the action of the police department or planning
12 department in denial of an application for a permit as provided in subsection(4) of this section or
13 in a decision with reference to the revocation of a permit as provided in subsection (18) of this
14 section shall have the right of appeal to the administrative board of appeals. Such appeal shall be
15 made in writing by filing with the planning department, within ten days after notice of the action
16 complained of has been mailed to such person's last-known address. The appeal shall set forth the
17 grounds for the appeal. The planning department shall set a time and place for a hearing on such
18. appeal,and notice of such hearing shall be given to the appellant in the same manlier as provided
19 in subsection(18)of this section for notice of hearing on revocation. The decision and order of the
20 administrative board of appeals on such appeal shall be final and conclusive.
21
22 (2412)Exceptions. The provisions of this section shall not apply to:
23
24 (a) Officers or employees of the city, county, state, or federal government or any
25 subdivision thereof when on official business;
26
27 (b) Any person selling or offering for sale merchandise or services in conjunction with
28 a charitable solicitation for which a valid solicitation permit has been issued under
29 the provisions of section 20-7 of this Code.
30
31 (2+20) Penalty for violations. Any person who shall violate any of the provisions of this
32 section shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be punished in
33 accordance with section 1-10. Each day that a violation of this section continues shall constitute a
34 separate and distinct offense and shall be punishable as such.
35
36 The penalty provided in this section shall be cumulative with and in addition to the
. 37 revocation of a permit granted under the provisions of this section.
38
39 (2-2 21)Fees. Prior to the issuance of a peddler's permit,the applicant shall pay an occupation
40 tax based on the duration of the permit. That tax shall be:
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ORDINANCE NO. c.35//9,t '
PAGE 6
1 One week $15.00
2
3 - One month 30.00
4
5 Six months 50.00
6
7 One year 75.00
8
it 9 Additional fee for photo identification, if applicable 10.00
4' 10
11 The tax amounts for the first week of the permit and the photo identification are not
12 refundable if the application is denied.
13
14 Section 2. Section 19-89 of the Omaha Municipal Code, as existing, is hereby repealed.
15 Section 3. This ordinance shall be in full force and take effect January 1, 1998.
INTROD ` :Y COUNCILMEMBER
111(
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-r APPROVED BY:
fi
Ret Hr nHg Unsigned 512,707.
-/ MAYOR OF THE CITY OF OMAHA 'DX E
PASSED MAT 2.0... 07 ,s a/46404,4 r
ATTEST:
CITY ERK OFT 1 TY OF OMAHA tifr
-w7g-# APPROVED AS TO FORM:
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• ASSISTANT TTO ATE
P:\LAW\6208.SKZ
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OR1GNAL "
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REQUEST TO LAW
LAW DEPARTMENT USE ONLY:
LOG BOOK#
TO: HERBERT M. FITLE, City Attorney DATE ASSIGNED cx, rti
ASSIGNED TO ni
DATE: February 28. 1997
ANSWERED/SENT OUT :Z
WITHDRAWN x. ;7;
REQUEST BEING MADE BY: on behalf of Councilmember Lormong Lo }
Sharon J. Arnold t ,l✓ City Council 5519
(NAME) \; (DEPARTMENT) (PHONE)
TIME LINE: (Due Date) March 18, 1997 City Council Agenda
(12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT)
REQUEST FOR: Ordinance to Amend Chapter 19-89. Peddlers (see Log Book#335-96-Council)
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached").
Councilmember Lormong Lo requests an ordinance to amend Chapter 19-89, Peddlers, be prepared
for the March 18, 1997 City Council Agenda. Details concerning the requested amendment can be
found on the attached previous requests on this subject
Please contact Sharon Arnold at ext. 5519 if you have questions regarding this request.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
c: Councilmembers, Steve Jensen, Mary Galligan Cornett, Brinker Harding, Mike
Howard, Council Staff
sja C� - REVISED: 10/96
• r
REQUEST TO LAW
LAW DEPARTMENT USE ONLY:
LOG BOOK #
TO: HERBERT M. FITLE, City Attorney DATE ASSIGNED
ASSIGNED TO
DATE: October 31. 1996
ANSWERED/SENT OUT
WITHDRAWN
REQUEST BEING MADE BY: on behalf of Councilmembers Lee Terry and
Lormong Lo
�
Sharon J. Arnoldr\ . . City Council 5519
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: (Due Date)
(12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT)
REQUESTFOR: Follow-up and Additions to Previous Request for Draft
Ordinance to Amend Section 19-89 - Peddlers
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached").
Council Staff has no record of receipt of the attached requested draft
ordinance which was assigned over two months ago.
-Mr. Terry and Mr. Lo would appreciate receiving the draft as soon as possible.
INFORMATION ATTACHED: YES _X NO NONE AVAILABLE
c: Councilmembers, Jeff Johnson, Council Staff
s j a REVISED: 10/96
1 J.
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REQUEST T O LAW, 12 LAW DEPARTMENT USE ONLY:
LOG BOOK # 335-96 = COUNCIL
i
TO: HERBERT M. FITLE, City Attorney DATE ASSIGNED 21 Aug. '96
ASSIGNED TO trT EJ�tGEti
DATE: August 21. 1996
DATE ANSWERED
REQUEST BEING MADE BY: on behalf of Council President Lee Terry -1- ,LO
Sharon J. Arnold 4-1 City Council 5519
(NAME) \-" '' (DEPARTMENT) (PHONE)
TIME LINE: 12 WORKLNG DAYS FROM DATE RECEIVED BY LAW DEPARTMENT
DATE:
REQUEST FOR: Draft Ordinance to Amend Section 19-89 - Peddlers
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached").
Council President Lee Terry requests a draft ordinance be repared for his
review which would amend Section 19-89, Peddlers. phe ordinance should
ovide for an exemption from the peddler's permit requirement for officially .
recognized Neighborhood Business Districts (NBD). The NBD exemption would
be available one time each calendar year for a one-time organized event and
must be requested by the Board of Directors of the NBD. The amendment
should state that it does not apply to the Central Business District.
Please contact Lou Andersen (ext. 5518) or Sharon Arnold (ext. 5519) if you
have questions concerning this request.
ATTACHED: YES NO _X NONE AVAILABLE
s j a c: Councilme:nbers, Jeff Johnson, Council Staff
Ct
RECEIVED
97 r4 P R -7 MO' IO BY COUNCILMEMBER
CITY C .IiK
I hereb"y'ririove:to iarhefict Council Document No. , Current Series, by adding the
following language at the end of the paragraph in line 11 on page 1,to wit:
"Such waivers shall be limited to peddlers doing business in connection with a street show which
has obtained a permit from the Planning Department and to one such street show per calendar year
in each business improvement area."
APPROVED AS TO FORM:
-9
Assistant ' Atto y
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ORIGINAL?EQUEST TO LAW
LAW DEPARTMENT USt�1L
LOG BOOK# ry t'3
rrr c3 oa to
TO: HERBERT M. FITLE, City Attorney DATE ASSIGNED rrf "
r
ASSIGNED TO3
DATE: March 26. 1997
ANSWERED/SENT OUT
WITHDRAWN
REQUEST BEING MADE BY: on behalf of Councilmember Lormong Lo
Sharon J. Arnol City Council 5519
(NAME) i (DEPARTMENT) (PHONE)
TIME LINE: (Due Date) April 8. 1997 City Council Agenda
(12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT)
REQUEST FOR: Amendment to Ordinance to Amend Chapter 19-89, Peddlers
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached").
Councilmember Lormong Lo requests an amendment to the attached ordinance to amend Chapter
19-89, Peddlers, be prepared for the April 8, 1997 City Council Agenda. The language of the
amendment should read generally as follows:
After the words "Nebraska Business Improvement District Act" insert: one time each calendar year
provided that a street show permit has been obtained from the Planning Department.
The Law Department is requested to point out any legal impediments which might be present in this
ordinance change..
Please contact Sharon Arnold at ext. 5519 if you have questions regarding this request.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
c: Councilmembers, Steve Jensen, Mary Galligan Cornett, Brinker Harding, Mike
Howard, Council Staff
sja lr REVISED: 10/96
,
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MOTION BY CODUCILMEMBE.R
I hereby move to amend Council Document Ho . `1 ./.3�/ ,
Current Series , in the whole by deleting it in it's entirety
. and substituting, in lieu thereof, the attached Ordinance .
. APPROVED AS TO FORM :
ssis - ity ttorney
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ORDINANCE NO.
1 AN ORDINANCE to amend Section 19-89, Peddlers, to partially exempt the peddler's permit
2 requirement in Business Improvement Areas and to provide for an effective date.
3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
4 Section 1. Section 19-89 of the Omaha Municipal Code is hereby amended to read as
5 follows:
6 Sec. 19-89. Peddlers.
7 (1) Permit required. It shall be unlawful for any person to engage in business as a peddler
8 as hereinafter defined within the corporate city limits without first having obtained a permit therefor
9 as herein provided.
10
11 (2)Definition. The term "peddler" as used herein shall include any person traveling by foot,
12 motor vehicle, or other type of conveyance from dwelling to dwelling, carrying, conveying, or
13 transporting candies, foods, magazines, or other merchandise, offering and exposing the same for
14 sale, or making sales and delivering such articles to purchasers, or taking orders for sales for future
15 delivery,whether or not such person has,carries, or exposes for sale a sample of the subject of such
16 sale, or whether or not he/she is collecting advance payment on such sales, or offering to furnish or
17 perform services to be furnished now or in the future.
18
19 The term "peddler" shall also include any person selling candies,foods,magazines, or other
20 merchandise from any location within the city, unless the sales are conducted within a permanent
21 business establishment which has on file with the permits and inspection division a current certificate
22 of occupancy permit. A permanent business establishment is not a peddler when it displays
23 merchandise on the site where it is located. The term"peddler" shall also include mobile refreshment
24 trucks.
25
26 (3)Application for permit. Applications for permits under this section shall be filed with the
27 permits and inspection division of the planning department on a form to be furnished by the division.
28 The following information may be required:
29
30 (a) Name,address,date of birth,social security number,and description of the applicant.
31
32 (b) Brief description of the nature of the business and the merchandise to be sold or
33 services to be provided.
34
35 (c) If employed, the name and address of the employer.
36
ORDINANCE NO.
PAGE 2
1 (d) The length of time (not to exceed one year) for which the right to do business as a
2 peddler is desired.
3
4 (e) Temporary business location(if applicable).
5
6 (f) Copy of health department permit(if applicable).
7
8 (g) Copy of State of Nebraska sales tax permit(if applicable).
9
10 (h) Street closing permit(obtain from public works, if applicable).
11
12 (4)Investigation and issuance of permit.
13
14 (a) Upon receipt of an application for door-to-door sales,the application shall be referred
15 to the police department, which shall investigate the statements contained on the
16 application and determine if they are true and correct. If as a result of such
17 investigation the police department finds that the statements within the application
18 are materially untrue or incorrect, or if it is found that the applicant has been
19 convicted within the past ten years of a felony or violation of any municipal
20 ordinance,state or federal law involving moral turpitude,the police department shall
21 indicate on the application its disapproval and the reasons for the same, and return
22 the application to the planning department, which shall notify the applicant that
23 his/her application is disapproved and that no permit will be issued.
24
25 (b) Upon receipt of all peddler permit applications other than door-to-door permit
26 applications,the application shall be reviewed by the permits and inspection division
27 only, which shall cause an investigation of the statements contained within the
28 application to be made to determine if the same be true and correct.
29
30 (c) The permits and inspection division shall evaluate all peddler permit applications and
31 require a Nebraska sales use tax permit if such permit is required by the state.
32
33 (d) All peddler permits will be issued by the permits and inspection office, and the
34 permit shall show the name and address of the permittee,the kind of goods to be sold
35 or services to be furnished or performed, the date of issuance, the location (if
36 applicable),and the length of time for which the permit is valid. Peddlers going door
37 to door will also receive a photo identification badge, which they shall carry at all
38 times.
39
40 (5) Qualifications of applicant for permit. No permit shall be issued to a person applying for
41 a peddler permit who is under the age of 16 unless the applicant first obtains an employment
42 certificate as required by state law.
43
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ORDINANCE NO.
• PAGE 3
1 Any person whose permit has been revoked pursuant to subsection (18) of this section shall
2 not be eligible for the issuance of a new permit for a period of six months form the date of revocation
3 and upon meeting the other qualifications required hereunder.
4
5 (6) Transfer ofpermit. Permits issued under this section shall be nontransferable,and no such
6 permit shall be used at any time by any person other than the one to whom it was issued.
7
8 (7)Duty of police to enforce. It shall be the duty of any police officer of the city to enforce
9 the provisions of this section against any person found to be violating the same. The chief of police
10 shall report to the planning department all convictions for violations of this section.
11
12 (8)Hours restricted. It shall be unlawful to make door-to-door in-person calls as a peddler
13 to prospective customers before 8:00 a.m. or after 6:00 p.m. on any day of the week unless requested
14 to do so by the prospective customer.
15
16 (9)Exhibition ofpermit. Peddlers without vehicles or stands shall exhibit their permits at the
17 request of any police officer or city inspector,or at the request of any prospective customer. Peddlers
18 with vehicles or stands shall exhibit their permits in such a manner that they are readily visible to
19 any police officer,city inspector,or customer without the necessity of a request to see such permits.
20
21 (10)Expiration ofpermit. All permits issued under the provisions of this section shall expire
22 on the date shown on the permit, which is based on the tax paid.
23
24 (11) Public property bond. Any peddler maintaining or displaying upon any sidewalk or
25 other city owned property any stand for the sale of produce or other merchandise, articles or things,
26 or to display any produce or other merchandise, articles, or things, shall file with the application a
27 bond in the amount of$10,000.00, or in an amount otherwise required by the mayor's office. The
28 surety of such bond shall be a corporate surety company authorized to do business in this state. The
29 bond and surety thereon shall be approved by the city attorney before the permit becomes effective.
30 Such bond shall be conditioned:
31
32 (a) That the person to whom the permit shall be issued, and his heirs, successors or
33 assigns, shall save and keep the city free and harmless from any and all loss or
34 damages or claim for damages arising from or out of the use of the space or structure
35 therein mentioned;
36
37 (b) To provide for maintenance of the sidewalk or public way so that it is safe for public
38 use after the permitted use is completed;
39
40 (c) For the full and complete protection of the city against any and all litigation growing
41 out of the issuance of the permit or anything done under such permit;
42
43 (d) For the faithful performance and observance of the provisions of this section;
• •
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ORDINANCE NO.
PAGE 4
1 (e) For the prompt and full payment of any taxes or other moneys which may become
2 due pursuant to the issuance of the permit.
3
4 (12) Consent of adjacent businessmen. The applicant shall file with the application written
5 consent of the property owner of the premises abutting the area in which the stand or display shall
6 be located.
7
8 (13) Obstruction of travel. The issuance of a permit shall not authorize or permit the
9 location(s) of any stand or display of produce or other merchandise, articles, or things in a location
10 which obstructs the sidewalk or interferes with free travel thereon.
11
12 (14)Street shows authorized. Street exhibitions, displays, festivals or shows by or under the
13 auspices of which goods, wares and merchandise or other articles or things or food are held for sale
'14 to the public may be authorized upon the streets and sidewalks of the city when such street
15 exhibitions,displays,festivals and shows will not be a public nuisance or endanger the public health,
16 safety, and welfare and will be of public interest and benefit to the city. Before any permit for such
17 an event may be issued, the application must be approved by the public works department, and a
18 street closing permit must be obtained.
19
20 (15) Certificate of insurance for street shows. Before a permit to conduct a street-sidewalk
21 exhibition, display, festival or show upon the streets and sidewalks shall be issued, the applicant
22 requesting the permit for the event shall file with the city a certificate of insurance for property
23 damage and public liability in the amount of$500,000.00, or an amount otherwise required by the
24 mayor's office.
25
26 (16) Requirements for street show part' '
27 application for a peddler permit, in addition to the permit rcquircd for the event, however, each
28 peddler will not be required to submit a bond.
29
30 (4-- 16)Expiration of street show permit. All permits as described in subsection(14) of this
31 section shall be valid for a period not exceeding seven consecutive days.
32
33 (+& 17) Revocation ofpermit.
34
35 (a) Permits issued under the provisions of this section may be revoked by the planning
36 director after notice and hearing for any of the following causes:
37
38 1. Fraud,misrepresentation,or false statement contained in the application for
39 the permit;
40 •
41 2. Fraud, misrepresentation, or false statement made in the course of carrying
42 on the permittee's business as a peddler;
43
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ORDINANCE NO.
PAGE 5
1 3. Any violation of this section;
2
3 4. Conviction of any felony or violation of any municipal ordinance, state or
4 federal law involving moral turpitude.
5
6 (b) Notice of the hearing for revocation of the permit shall be given in writing, setting
7 forth specifically the grounds of complaint and the time and place of the hearing.
8 Such notice shall be mailed to the permittee at his or her last-known address at least
9 five days prior to the date set for the hearing.
10
11 (+-9 18)Appeals. Any person aggrieved by the action of the police department or planning
12 department in denial of an application for a permit as provided in subsection(4) of this section or
13 in a decision with reference to the revocation of a permit as provided in subsection (18) of this
14 section shall have the right of appeal to the administrative board of appeals. Such appeal shall be
15 made in writing by filing with the planning department, within ten days after notice of the action
16 complained of has been mailed to such person's last-known address. The appeal shall set forth the
17 grounds for the appeal. The planning department shall set a time and place for a hearing on such
18 appeal, and notice of such hearing shall be given to the appellant in the same manner as provided
19 in subsection(18) of this section for notice of hearing on revocation. The decision and order of the
20 administrative board of appeals on such appeal shall be final and conclusive.
21
22 (2.9 12) Exceptions. The provisions of this section shall not apply to:
23
24 (a) Officers or employees of the city, county, state, or federal government or any
25 subdivision thereof when on official business;
26
27 (b) Any person selling or offering for sale merchandise or services in conjunction with
28 a charitable solicitation for which a valid solicitation permit has been issued under
29 the provisions of section 20-7 of this Code.
30
31 (2-1- 20) Penalty for violations. Any person who shall violate any of the provisions of this
32 section shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be punished in
33 accordance with section 1-10. Each day that a violation of this section continues shall constitute a
34 separate and distinct offense and shall be punishable as such.
35
36 The penalty provided in this section shall be cumulative with and in addition to the
37 revocation of a permit granted under the provisions of this section.
38
39 (22 21)Fees. Prior to the issuance of a peddler's permit,the applicant shall pay an occupation
40 tax based on the duration of the permit. That tax shall be:
ORDINANCE NO.
PAGE 6
1 One week . . . . $15.00
2
3 One month . . . . 30.00
4
5 Six months 50.00,
6
7 One year . . . . . . . . . . . . . . 75.00
8
9 Additional fee for photo identification, if applicable 10.00
10
1 The tax amounts for the first week of the permit and the photo identification are not
12 refundable if the application is denied. •
13
14 Section 2. Section 19-89 of the Omaha Municipal Code,as existing,is hereby repealed.
15 Section 3. This ordinance shall be in full force and take effect January 1, 1998.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED
A 1-1 hST:
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY DATE
P:\LAW\6208.SKZ
r
REQUEST TO LAW
LAW DEPARTMENT USE ONLY:
LOG BOOK#
TO: HERBERT M. FITLE, City Attorney DATE ASSIGNED 0"-W—c9 9
ASSIGNED TO
DATE: May 12, 1997
ANSWERED/SENT OUT
WITHDRAWN
REQUEST BEING MADE BY: on behalf of Councilmember Lormong Lo
Sharon J. Arnold ��. VVV City Council 5519
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: (Due Date) May 20, 1997 City Council Agenda
(12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT)
REQUEST FOR: Amendment of the Whole - Ordinance to Amend Chapter 19-89, Peddlers
(State Specifically What You Are Requesting)
DETAILS: " (Do Not State "See Attached").
Councilmember Lormong Lo requests an amendment of the whole to the attached ordinance to
amend Chapter 19-89, Peddlers, be prepared for the May 20, 1997 City Council Agenda. Please note
the marked sections on the attachment.
The amendment of the whole should delete Section 19-89(16). This would have the effect of not
requiring a peddlers permit for peddlers participating in an event covered by a street show permit.
The Law Department is free to make other changes in this chapter which may be necessitated by the
deletion of Section 19-89(16).
Please contact Sharon Arnold at ext. 5519 if you have questions regarding this request.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
c: Councilmembers, Steve Jensen, Mary Galligan Cornett, Brinker Harding, Mike
Howard, Council Staff
sja �- REVISED: 10/96
r
•
7 1 1 1
ORDINANCE NO.
1 AN ORDINANCE to amend Section 19-89, Peddlers, to partially exempt the peddler's permit
2 requirement in Business Improvement Areas and to provide for an effective date.
3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
4 Section 1. Section 19-89 of the Omaha Municipal Code is hereby amended to read as
5 follows:
6 Sec. 19-89. Peddlers.
7 (1) Permit required. It shall be:unlawful for any person to engage in business as a peddler
8 as hereinafter defined within the corporate city limits without first having obtained a permit therefor
9 as herein provided:$rnvidcd.that-the Ci3• Ceicilmay.kr Fcs
10 r in i ,
11 as r3af rimed . al.,. �j„L.- 1 1Business T
pTf1VPTT1PT1f�iS-Gr�rc =A=�, ..
12
13 - (2) Definition. The term "peddler" as used herein shall include any person traveling by foot,
14 motor vehicle, or other type of conveyance from dwelling to dwelling, carrying, conveying, or
15 transporting candies, foods, magazines, or other merchandise, offering and exposing the same for
16 sale, or making sales and delivering such articles to purchasers, or taking orders for sales for future
17 delivery, whether or not such person has, carries, or exposes for sale a sample of the subject of such
18 sale, or whether or not he/she is*collecting advance payment on such sales, or offering to furnish or
19 perform services to be furnished now or in the future.
20 The term "peddler" shall also include any person selling candies,foods, magazines, or other
21 merchandise from any location within the city, unless the sales are conducted within a permanent
22
bus
iness establis
hment which has on file with the permits and inspection division a current certificate
23 of occupancy permit. A permanent business establishment is not a peddler when it displays
24 merchandise on the site where it is located.The term"peddler" shall also include mobile refreshment
25 trucks.
26 (3)Application for permit. Applications for permits under this section shall be filed with the
27 permits and inspection division of the planning department on a form to be furnished by the division.
28 The following information may be required:
29 - (a) Name, address,date of birth,social security number,and description of the applicant.
30 (b) Brief description of the nature of the business and the merchandise to be sold or
31 services to be provided.
�. aou. � g;y
• • 'ORDIN`ANCE NO.
PAGE 2
•
1 (c) If employed, the name and address of the employer.
2 (d) The length of time (not to exceed one year) for which the right to do business as a
3 peddler is desired.
4 (e) Temporary business location(if applicable).
5 (f) Copy of health department permit (if applicable).
6 (g) Copy of State of Nebraska sales tax permit(if applicable).
7 (h) Street closing permit(obtain from public works, if applicable).
8 (4) Investigation and issuance ofpermit.
9 (a) Upon receipt of an application for door-to-door sales,the application shall be referred
10 to the police department, which shall investigate the statements contained on the
11 application and determine if they are true and correct. If as a result of such
12 investigation the police department finds that the statements within the application
13. are materially untrue or incorrect, or if it is found that the applicant has been
14 convicted within the past ten years of a felony or violation of any municipal
15 - ordinance, state or federal law involving moral turpitude, the police department shall
16 indicate on the application its disapproval and the reasons for the same, and return
17 the application to the planning department, which shall notify the applicant that
18 ,his/her application is disapproved and that no permit will be issued.
19 (b) Upon receipt of all peddler permit applications other than door-to-door permit
20 applications, the application shall be reviewed by the permits and inspection division
21 only, which shall cause an investigation of the statements contained within the
22 application to be made to determine if the same be true and correct.
23 (c) The permits and inspection division shall evaluate all peddler permit applications and
24 require a Nebraska sales use tax permit if such permit is required by the state.
•
25 (d) All peddler permits will be issued by the permits and inspection office, and the
26 permit shall show the name and address of the permittee,the kind of goods to be sold
27 or services to be furnished or performed, the date of issuance, the location (if
28 applicable), and the length of time for which the permit is valid. Peddlers going door
29 to door will also receive a photo identification badge, which they shall carry at all
30 times.
• O11DINANCE NO.
PAGE 3
1 (5) Qualifications of applicant for permit. No permit shall be issued to a person applying for
2 a peddler permit who is under the age of 16 unless the applicant first obtains an employment
3 certificate as required by state law.
4 Any person whose permit has been revoked pursuant to subsection (18) of this section shall
5 not be eligible for the issuance of a new permit for a period of six months form the date of revocation
6 and upon meeting the other qualifications required hereunder.
7 (6) Transfer ofpermit. Permits issued under this section shall be nontransferable,and no such
8 permit shall be used at any time by any person other than the one to whom it was issued.
9 (7) Duty of police to enforce. It shall be the duty of any police officer of the city to enforce
10 the provisions of this section against any person found to be violating the same. The chief of police
11 shall report to the planning department all convictions for violations of this section.
12 (8) Hours restricted. It shall be unlawful to make door-to-door in-person calls as a peddler
13 to prospective customers before 8:00 a.m. or after 6:00 p.m. on any day of the week unless requested
14 to do so by the prospective customer.
15 (9) Exhibition ofpermit. Peddlers without vehicles or stands shall exhibit their permits at the
16 request of any police officer or city inspector,or at the request of any prospective customer.Peddlers
17 with vehicles or stands shall exhibit their permits in such a manner that they are readily visible to
18 any police officer, city inspector, or customer without the necessity of a request to see such permits.
19 (10) Expiration ofpermit. All permits issued under the provisions of this section shall expire
20 on the date shown on the permit, which is based on the tax paid.
21 . (11) Public property bond Any peddler maintaining or displaying upon any sidewalk or
22 other city owned property any stand for the sale of produce or other merchandise, articles or things,
23 or to display any produce or other merchandise, articles, or things, shall file with the application a •
24 bond in the amount of$10,000.00, or in an amount otherwise required by the mayor's office. The
25 - surety of such bond shall be a corporate surety company authorized to do business in this state. The
26 bond and surety thereon shall be approved by the city attorney before the permit becomes effective.
27 Such bond shall be conditioned:
28 (a) That the person to whom the permit shall be issued, and his heirs, successors or
29 assigns, shall save and keep the city free and harmless from any and all loss or
30 damages or claim for damages arising from or out of the use of the space or structure
31 therein mentioned;
32 (b) To provide for maintenance of the sidewalk or public way so that it is safe for public
33 use after the permitted use is completed;
L
ORDINANCE NO.
PAGE 4
•
1 (c) For the full and complete protection of the city against any and all litigation growing
2 out of the issuance of the permit or anything done under such permit;
3 (d) . For the faithful performance and observance of the provisions of this section;
4 (e) For the prompt and full payment of any taxes or other moneys which may become
5 due pursuant to the issuance of the permit.
6 (12) Consent of adjacent businessmen. The applicant shall file with the application written
7 consent of the property owner of the premises abutting the area in which the stand or display shall
8 be located.
9 (13) Obstruction of travel. The issuance of a permit shall not authorize or permit the
10 location(s) of any stand or display of produce or other merchandise, articles, or things in a location
11 which obstructs the sidewalk or interferes with free travel thereon.
12 (14)Street shows authorized. Street exhibitions, displays, festivals or shows by or under the
13 auspices of which goods, wares and merchandise or other articles or things or food are held for sale
14 to the public may be authorized upon the streets and sidewalks of the city when such street
15 exhibitions, displays, festivals and shows will not be a public nuisance or endanger the public health,
16 safety, and welfare and will be of public interest and benefit to the city. Before any permit for such
17 an event may be issued, the application must be approved by the public works department, and a
18 street closing permit must be obtained.
19 (15) Certificate of insurance for street shows. Before a permit to conduct a street-sidewalk
20 exhibition, display:festival or show upon the streets and sidewalks shall be issued, the applicant
21 requesting the permit for the event shall file with the city a certificate of insurance for property
22 damage and public liability in the amount of$500,000.00, or an amount otherwise required by the
23 mayor's office.
24 (16) uirements or street shoarticipants. All ddlers will required m an
25 app ation fora peddler pe it, in addition \the permit requi d for the e nt, howe r, ea
26 peddle ill not be aired to s nit a bond.
27 (17) Expiration of street show permit. All permits as described in subsection (14) of this
28 section shall be valid for a period not exceeding seven consecutive days.
29 (18) Revocation of permit.
30 (a) Permits issued under the provisions of this section may be revoked by the planning
31 director after notice and hearing for any of the following causes:
L
. ' . ORDHIANCE NO.
PAGE 5
•
1 1. Fraud, misrepresentation, or false statement contained in the application for
2 the permit;
3 2. Fraud, misrepresentation, or false statement made in the course of carrying
4 on the permittee's business as a peddler;
5 3. Any violation of this section; •
6 4. Conviction of any felony or violation of any municipal ordinance, state or
7 federal law involving moral turpitude.
8 (b) Notice of the hearing for revocation of the permit shall be given in writing, setting.
9 forth specifically the grounds of complaint and the time and place of the hearing:
10 Such notice shall be mailed to the permittee at his or her last-known address at least
11 five days prior to the date set for the hearing.
12 (19) Appeals. Any person aggrieved by the action of the police department or planning
13 department in denial of an application for a permit as provided in subsection (4) of this section or
14 in a decision with reference to the revocation of a permit as provided in subsection (18) of this
15 section shall have the right of appeal to the administrative board of appeals. Such appeal shall be
16 made in writing by filing with the planning department, within ten days after notice of the action
17 complained of has been mailed to such person's last-known address. The appeal shall set forth the
18 grounds for the appeal. The planning department shall set a time and place for a hearing on such
19 appeal, and notice of such hearing shall be given to the appellant in the same manner as provided
20 in subsection (18) of this section.for notice of hearing on revocation. The decision and order of the
21 administrative board of appeals on such appeal shall be final and conclusive.
22 . (20) Exceptions. The provisions of this section shall not apply to:
23 (a) Officers or employees of the city, county, state, or federal government or any
24 subdivision thereof when on official business;
25 (b) Any person selling or offering for sale merchandise or services in conjunction with
26 a charitable solicitation for which a valid solicitation permit has been issued under
27 the provisions of section 20-7 of this Code.
28 (21)Penalty for violations. Any person who shall violate any of the provisions of this section
29 shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished in
30 accordance with section 1-10. Each day that a violation of this section continues shall constitute a
31 separate and distinct offense and shall be punishable as such.
32 The penalty provided in this section shall be cumulative with and in addition to the
33 revocation of a permit granted under the provisions of this section.
"dRDI ANCE NO.
PAGE 6
1 (22)Fees. Prior to the issuance of a peddler's permit, the applicant shall pay an occupation
2 tax based on the duration of the permit. That tax shall be:
3 One week $15.00
4 One month 30.00
•
5 Six months 50.00
6 One year 75.00
7 Additional fee for photo identification, if applicable 10.00
8 The tax amounts for the first week of the permit and the photo identification are not
9 refundable if the application is denied.•
10 Section 2. Section 19-89 of the Omaha Municipal Code, as existing, is hereby repealed_
11 Section 3. This ordinance shall be in full force and take effect fifteen days from and after the
12 date of its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
PASSED
ATTEST:
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
� 7 (77
SSIST• ATT i "tEY DATE
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