[HISTORY: Adopted by the Common Council of the City of Prescott as Sec. 7-10-2 of the former City Code. Amendments noted where applicable.]
The purpose of this chapter is to safeguard the citizens of the City while protecting the rights of business people and the vending machine owners and operators.
As used in this chapter, the following terms shall have the meanings indicated:
- VENDING MACHINE
- Any single device or any number of devices designed for and used to dispense food, soft drinks, beer, candy, cigarettes, or any other item dispensed from a machine. Included in this definition are such devices which may be freestanding or attached to the sides of buildings, posts or other outside structures.
No vending machine may be placed or maintained in a public right-of-way without securing a permit from the City and the payment of an annual vending machine permit fee for such vending machine. Each vendor shall be required to secure one permit for all of its vending machines in the City. To that permit a list of all vending machines covered by the permit will be attached. The vendor shall notify the City, in writing, at the time new vending machines are being added or deleted from the list. Notification to the City shall be accompanied by a description of the location of the vending machine and a separate permit fee for new vending machines. A certificate of liability insurance shall be filed with the City covering claims for damages which might arise out of the use or placement of such vending machine, naming the City as an additional insured. The minimum limits of liability shall be $100,000/$300,000.
Placement of a vending machine shall comply with the following conditions:
A vending machine may be placed no nearer than four feet to the roadway curb or the edge of the roadway where no curb exists.
No vending machine may be attached to a public facility, such as a utility pole, roadway sign or fireplug.
No vending machine may be placed in a public right-of-way adjacent to a property zoned residential and containing four residential units or fewer.
Each vending machine permittee who has placed or places a vending machine under this chapter shall provide the City with a self-addressed postcard, printed in such a manner that the City may instruct the vendor to remove the vending machine. A permittee shall remove a vending machine if its location is a safety hazard, significantly interferes with pedestrian or vehicular traffic on the right-of-way or to permit right-of-way maintenance and/or improvements. If the permittee receives instruction from the City to remove the vending machine, the permittee shall remove the vending machine within 10 days of the receipt of the instructions or, failing that, such removal may be accomplished by the City. All expense incurred in the removal of such vending machine shall be reimbursed by the permittee.