§ 26-54. Itinerant merchant host license.

(a)

Requirement. No itinerant merchant may operate on any site or parcel of property unless the owner of said property has obtained an itinerant merchant host license. Each application shall require the disclosure of the address and parcel number for each and every site or parcel which will be subject to the itinerant merchant host license. No more than one itinerant merchant host license may be issued for any site or parcel for the same license term. No application may be processed if the property owner or site or parcel is subject to a notice of revocation in accordance with section 26-57.

(b)

Compliance. The owner of the site or parcel of property at which an itinerant merchant conducts activities shall be responsible for ensuring that all itinerant merchants operating thereon comply with all requirements of the code, including obtaining an itinerant merchant license for each itinerant merchant operating on said owner's property. In the event an itinerant merchant is operating on publicly-owned property, the person or entity sponsoring or promoting the event shall be responsible for said compliance, including obtainment of an itinerant merchant host license.

(c)

Fees. All itinerant merchant host license applications shall be accompanied by a fee to be established by resolution of the county council and shall not be prorated if a license is purchased during a term as described below. All fees are nonrefundable and nontransferable and shall be made in cash, certified check, cashier's check, money order or business or personal check. Any check which is returned for insufficient funds shall be considered a violation of this article by the itinerant merchant host license holder.

(d)

Term. All itinerant merchant host licenses shall be issued for a one-year term. The initial term will be from July 1, 2007, to September 30, 2008, and from October 1 to September 30 for every year thereafter.

(e)

Permitted locations. Notwithstanding anything to the contrary in the Code, provided there is compliance with this article and with all other applicable laws and ordinances, an itinerant merchant host license may be issued to an owner of a site or parcel of property which enjoys a county commercial or industrial zoning classification as defined by the Code upon obtaining a county local business tax receipt or where temporary campgrounds may, under the Code, operate pursuant to an approved special exception. No itinerant merchant may operate on any right-of-way. An itinerant merchant host license may be issued to an owner of a vacant site or parcel of property which enjoys a county commercial or industrial zoning classification, pursuant to the Code and is adjacent to and owned by a business which has obtained a county local business tax receipt. Said vacant lot may be utilized for parking during the periods authorized under this article, provided that vehicular access complies with the requirements of the Code.

(f)

Posting of license. Each itinerant merchant host license shall be posted in a conspicuous location on the site or parcel of property which is utilized by an itinerant merchant.

(g)

Site preparation and removal. No property owner or itinerant merchant may prepare, store, erect or complete a sales, display or activity area more than five days before the official opening date of a recognized event. A sales, display or activity area shall be entirely removed within three days after the official closing date of a recognized event, unless the official opening date of a subsequent recognized event begins within five days after the official closing date of said recognized event. Notwithstanding provisions of chapter 72, an itinerant merchant licensed in accordance with section 26-55 may be a guest at a temporary campsite five days before the official opening date of a recognized event if said merchant will operate from that site or parcel.

(h)

Tattoo services. Tattoo services must operate in compliance with the provisions set forth in F.S. § 877.04, as amended, and any other applicable state laws.

(i)

Food vendors. Food vendors must operate in compliance with all the requirements of the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation, and any other applicable state laws. Food vendors must show proof that they meet all applicable health department regulations and hold all valid food service licenses required for their operations.

(j)

Health and safety review.

(1)

Itinerant merchant activities which negatively affect public health or safety are prohibited. No itinerant merchant may engage in any of the following activities unless application is made by the holder of an itinerant merchant host license and approved by the county:

a.

Activities involving the operation of aircraft;

b.

Activities involving the discharge of explosive devices or weapons;

c.

Activities in which farm animals or wild animals interact with the public;

d.

Activities involving the exhibition of moving, driver-occupied motorized vehicles; or

e.

Activities involving the discharge of any toxic or harmful substance.

(2)

In determining whether to approve an activity described above, the sheriff's office shall consider, but shall not be limited to, policies and regulations promulgated by the State of Florida and by the United States Government, and may condition its approval for the above activities upon any conditions it deems necessary to protect public health and safety; violation or nonoccurrence of any conditions imposed by the sheriff's office shall be deemed a violation of this article and subject the host license holder to a revocation of said license in accordance with this article. Nothing contained in this article shall limit the sheriff's office from exercising its existing police powers to prohibit activities negatively affecting public health and safety.

(k)

Prior noncompliance. No itinerant merchant host license shall be issued to any person, firm, corporation, organization or other applicant if the owner of the site or parcel of property on which the activity will take place or a previous owner of a site or parcel subject to an itinerant merchant host license has:

(1)

Been found in noncompliance with this article or chapter 10, article II of the Code by the code enforcement board within 12 months prior to the date of application under this article; or

(2)

Had a previous license or permit revoked under this article or chapter 10, article II of the Code within 12 months, or in the event of a subsequent revocation within 24 months, prior to the date of application under this article.

(Ord. No. 2005-05, § I, 5-19-05; Ord. No. 2007-07, § II, 6-7-07; Ord. No. 2009-04, § I, 2-19-09; Ord. No. 2014-13, § II, 8-21-14)