Non-Resident Sales Permit (Food Trucks)

ORDINANCE NO. 2024 - 5

 

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF FULLERTON, NEBRASKA, APPROVING THE AMENDMENTS TO MUNICIPAL CODE OF THE CITY OF FULLERTON, NEBRASKA REGARDING NON-RESIDENT SALES PERSONS.

 

            BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FULLERTON, NEBRASKA AS FOLLOWS:

 

That the following sections of the City of Fullerton, Nebraska Municipal Code be amended as follows:

 

Article 2. Peddlers, Hawkers, and Non-Resident Sales Persons

 

  • 10-204 Application for License

Any non-resident sales person intending to sell or attempting to sell any merchandise, magazines, books, services, or other items of value or attempting to take orders or subscriptions within the corporate limits of the City shall prior to making any attempt to sell such items, register with the City of Fullerton. There shall be a charge for any license, to be paid at the time such license is issued. A license may be granted after the following is provided:

  • The applicant’s and all representatives’ full name, current address, telephone number, and proof of identity;
  • A brief description of the nature, wares, services or merchandise to be offered for sale;
  • The area in which the applicant intends to conduct sales; business, residential, or both.
  • If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation;
  • If a motor vehicle(s) is to be used, a description of the vehicle(s) together with the motor vehicle license number;
  • Sales tax permit as required by Neb. R.S. 77-2705; and
  • Proof of a General Liability insurance policy in an amount not less than three hundred thousand dollars ($300,000) for property damage and injuries, including death, caused by the operation of the business, plus statutory work compensation coverage for their employees.

 

 

  • 10-205 Permit Fee Structure and Penalty

The non-resident permit fees shall be as follows:

Daily Permit  - $10.00

Weekly Permit - $25.00

Yearly Permit (valid for 12 months)  - $100.00

Penalty for failure to obtain permit after verbal warning shall be $250.00 per occurrence.

 

  • 10-206 Issuance of License

The applicant shall be notified in writing by the City of Fullerton as to their decision to issue or deny the vending license no later than thirty (30) days after the applicant has filed a completed application with the City of Fullerton. Each license shall show the name and address of the licensee, type of license issued, kinds of goods or services to be sold, amount of license fee, date of issuance, license number, and an identifying description of any vehicle or conveyance used by the licensee plus, where applicable, the motor vehicle license number. Each license shall show an expiration date.

 

  • 10-207 Duty to Carry and Display License
  • The license provided shall at all times be carried on the person of said salesperson and shall be displayed by the salesperson upon the request of any citizen of the City or any law enforcement officer,
  • All licenses, permits, and identification badges issued under this section are valid for the term of fees paid by the vendor unless suspended or revoked and shall be both non assignable and non-transferable.

 

  • 10-208 Hours of Solicitation

It shall be unlawful for any non-resident solicitor or salesperson to solicit any individual between the hours of 8:00 AM and 8:00 PM unless they have a previous appointment with the residents or residents on the premises solicited. Food Vendors may stay set up and operate from 7:00 AM to 12:00 AM.

 

 

  • 10-209 Exceptions

The non-resident sales license shall not apply to officers or employees of the City, County, State, or Federal Government, or any subdivision thereof, when on official business, or to any person working for, or in conjunction with a charitable, church, religious, or non-profit organization.

 

  • 10-210 Revocation

Any license granted hereunder may be revoked by the Mayor or Nance County Sheriff because of any violation by the registrant of this article or of any ordinances of the City, laws of the State or Federal law, or whenever the registrant shall cease to possess the qualifications and character required in this article for the original registration.

 

 

This ordinance shall take effect immediately upon its adoption and publication.

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