Ordinance 2010-10

ORDINANCE 2010-10 & ROADSIDE SALES PERMIT APPLICATION  

AN ORDINANCE PROVIDING REGULATIONS FOR PEDDLERS AND ROADSIDE SALES WITHIN THE CORPORATE LIMITs OF THE CITY OF GASSVILLE, ARKANSAS.

It has been determined that there is a need to regulate peddlers and roadside sales within the City of Gassville, Arkansas.

NOW, THEREFORE, BE IT ORDAINED BY THE City Council of the City of Gassville, Arkansas:

Section 1. Definitions
A. Peddler. A peddler shall be defined as any person, firm or corporation that goes from
doorto doorfor the purpose ofselling or offering for sale any goods or services.

B. Roadside sales. Roadside sales shall be defined as any person, firm or corporation that conducts a temporary business from property bordering a state or federal highway or a City Gassville street.

Section 2. No person, firm or corporation shall engage in either the act of peddling or roadside sales
within the City of Gassville, Arkansas without first obtaining a permit from Gassville City Hall.

Section 3. Requirements for a permit.
A. The requestor of the permit must present a valid photo form of identification such as a driver's license or identification card.

B. If the requestor does not have any form of photo identification, then for a fee of five dollars ($5) the City will make a photo identification card for the renuestor.

C. A description of the goods or services to be offered for sale.

D. If the permit requestor is using property other than their own, then written permission from the property owner must be presented to the City at the time of the request for the permit.

E. The use of mobile structures or vehicles for the purpose of either roadsidesales or when used by peddlers is permitted under the terms of this ordinance; however such temporary or mobile structures or vehicles cannot be used to conduct business in the City of Gassville on a permanent or non-temporary basis. Such mobile structures or vehicles include but are not limited to; tents, lean-tos, wagons, buggies, carts, trailers and/or structures erected without the issuance of a building permit from the City of Gassville.

F. The type and nature of the roadside or peddler business may be considered by the mayor or his representative as a prerequisite to the issuance of a permit. Such consideration should assure that the applicant for the permit will not violate community standards of decency, cleanliness, safety or violate other city ordinances, or cause harm to the general well being of the community. Further, a permit may be revoked on an immediate basis, and the business or peddler may be told to cease and desist if the mayor or his representative determines that any of these matters for consideration come to pass after the issuance of the permit. Ifa permit applicant or permit holder is denied permission to conduct business, the applicant or permit holder may appeal the decision to the Gassville City Council for a vote at its next regularly scheduled meeting.

G. Permit Fee. A fee often dollars ($10) payable at the time the permit is issued is required.

Section 4. Length of permit.
The permit shall be valid for a maximum of thirty (30) days and may be extended by the City Council one time for thirty (30) additional days.

Section 5. Exclusion Clause.
Non-profit organizations such as Girl Scout cookie sales, fire or police departments' fund raising or other non-profit organizations are exempt from the requirements of this ordinance.

Section 6. Repealer clause.
Any ordinance or parts thereof in conflict of this ordinance are hereby repealed.

Section 7. Penalty clause.
Any person, firm or corporation that violates this ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500).

Section 8. Emergency clause.
An emergency is hereby declared to exist, and this ordinance being necessary for the health, safety and welfare of the citizens of Gassville, Arkansas shall be in full force and effect from and after its passage.

This ordinance passed and approved on October 19, 2010.

APPROVED:
Danny Smith, Mayor

ATTEST:
Wanda Watson, Recorder/Treasurer