J. The City Council finds that repealing the Mobile Food Unit Ordinance, while regulating moving
<br /> mobile food units such as ice cream trucks pursuant to chapter 5.36 EMC will promote the
<br /> health, welfare, and safety of the general public and promote the economic development of the
<br /> City through a variety a of quality dining and eating options.
<br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN:
<br /> Section 1. Repealer
<br /> Chapter 21 of Ordinance No. 295-74 (chapter 5.84 EMC), as amended, is hereby repealed, including all
<br /> ordinances in conflict herewith.
<br /> Section 2. Section 1 of chapter 9 of Ordinance 295-74 (codified at EMC 5.36.010), is amended as
<br /> follows, with strikeouts deleted and underlining added:
<br /> A. "Peddler" as used herein includes any person, whether a resident of Everett or not, traveling
<br /> by foot, wagon, automotive vehicle or any other type of conveyance, from place to place,
<br /> from house to house, or from street to street, carrying, conveying or transporting goods,
<br /> wares, merchandise, foods, including without limitation, meats, fish,vegetables, and fruits,
<br /> garden truck, farm products or provisions, offering and exposing the same for sale, or
<br /> making sales and delivering articles to purchasers, or who, without traveling from place to
<br /> place, sells or offers the same for sale, from a wagon, automotive vehicle, railroad car, or
<br /> other vehicle or conveyance, and further provided that one who solicits orders and as a
<br /> separate transaction makes deliveries to purchasers as a part of the scheme or design to
<br /> evade the provisions of this chapter shall be deemed a peddler subject to the provisions of
<br /> this chapter.The word "peddler" includes the word "hawker" and "huckster." The term
<br /> "peddler" shall not include any person selling farm products produced and/or manufactured
<br /> by him as provided by RCW 36.71.090, or a person operating a food truck as defined by this
<br /> Ordinance, and no license shall be required of such person.
<br /> B. A"canvasser" or"solicitor" is defined as any individual, whether a resident of Everett or not,
<br /> traveling either by foot, wagon, automobile, motor truck, or any other type of conveyance,
<br /> from place to place, from house to house, or from street to street, taking or attempting to
<br /> take orders for sale of goods, wares and merchandise, personal property of any nature
<br /> whatsoever for future delivery, or for services to be furnished or performed in the future,
<br /> whether for compensation or without compensation, whether or not such individual has,
<br /> carries or exposes for sale a sample of the subject of such sale or whether he is collecting
<br /> advance payments on such sales or not; provided that such definition shall include any
<br /> person who,for himself or for another person, firm or corporation, hires, leases, uses or
<br /> occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house,
<br /> In 2019 ORDINANCE: Mobile Food Units Page 2 of 4
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