AMENDED ORDINANCE # 365

ORDINANCE NO. 295

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON SETTING FORTH DEFINITIONS, DELINEATIONS, LICENSING FEES AND PENALTIES FOR MOBILE VENDORS.

Whereas, the town does not have in existence a licensing procedure for mobile vendors, and

Whereas, the town desires to facilitate the town celebration to be known as "South Prairie Days", and

Whereas, it is in the public interest for health, safety and welfare to annex certain regulations concerning mobile vendors to charge a fee commiserate with processing such information.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1.__ Definitions:

A. Mobile Vendor, means a person, firm or corporation engaged in offering merchandise or food for sale to the general public from a vehicle, conveyance, or non-permanent structure.

B. Public demonstration means South Prairie Day activities or such other public celebration as designated by the Mayor and such events such as sidewalk sales and street fairs which may be organized by a Chamber of Commerce or other civic group.

C. Merchandise shall have its usual and ordinary meaning including, but not limited to, such items as tools, clothing, furniture, toys, appliances, arts, crafts.

D. Food shall have its usual and ordinary meaning and shall include all items designated for human consumption including, but not limited to, food, candy, gum, popcorn, hot dogs, hamburgers, sandwiches, peanuts, soft drinks and dairy products.

Section 2.____ Mobile Vending is Prohibited Except: Mobile
vending is prohibited except during a public celebration.

Section 3._____ Mobile Vendor License Required:_, Any person
engaged in mobile vending is required to obtain a license with the town clerk and to complete such forms including, but not limited to, providing the vendor's name, person to contact, address, telephone number and uniform business identification number.

Section 4. Fee for Mobile Vendor's License: The city clerk
shall charge a $20.00 fee for a mobile vendor's license.

Section 5. Penalty: The person engaged in mobile vending in violation of the terms of this ordinance shall be subject to a fine of not to exceed $1,000.

Section 6._ Mobile Vending Restrictions: A person lawfully
engaged in mobile vending shall not violate the following:

A. Obstruction. Shall not obstruct the passage along any sidewalk, street, alley or parking lot.

B. Regulations. Shall comply with all provisions of health regulations regarding food handling.

C. Sales Taxation., Shall collect and pay the sales taxes required by the State of Washington.

Section 7: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Dale P. Stubbs

Attested: INTRODUCED: 5/3/94

PASSED: 5/3/94