[R.O. 1998 § 610.120; CC 1988 §13-28; Ord. No. 1596 §1, 12-2-1991]
As used in this Article, unless the
context clearly requires otherwise, the following terms shall have
the following meanings:
Any "C-1" or "C-2" Commercial Zoning District of the City.
Any vehicle which is required to be licensed and regulated
by the Department of Motor Vehicles and which is used for the displaying,
storing or transporting of articles offered for sale.
Any person engaged in the selling or offering for sale, of
food, beverages or merchandise on the public streets or sidewalks
or on a public or private parking lot or parking area from a stand
or from his/her person.
[Ord. No.
2913 §2, 8-5-2014]
Any table, showcase, bench, rack, pushcart, wagon or any
other device or wheeled vehicle which may be moved without the assistance
of a motor and which is not required to be licensed and registered
by the Department of Motor Vehicles, and which is used for the displaying,
storing or transporting of articles offered for sale.
[R.O. 1998 § 610.130; CC 1988 §13-29; Ord. No. 1596 §1, 12-2-1991]
Every sidewalk vendor, before operating
as such, shall make application and procure a license pursuant to
the provisions of this Article.
[R.O. 1998 § 610.140; CC 1988 §13-30; Ord. No. 1596 §1, 12-2-1991]
No license issued under this Article
shall be assignable or transferable.
[R.O. 1998 § 610.150; CC 1988 §13-31; Ord. No. 1596 §1, 12-2-1991]
A holder of a valid merchant and
business occupation license shall not be required to obtain a separate
sidewalk vendor license before selling or exposing for sale any merchandise
on the sidewalk in front of the stand, store, or place of business
for which the merchant and business occupation license has been issued.
No merchant or business occupation having a stand, store, or place
of business located in a business district shall sell or expose for
sale any merchandise on the sidewalk in front of the stand, store,
or place of business more than three (3) times in any year and each
such sale shall be limited to not more than five (5) consecutive days.
[R.O. 1998 § 610.160; CC 1988 §13-32; Ord. No. 1596 §1, 12-2-1991; Ord.
No. 2913 §3, 8-5-2014]
A separate license shall be obtained
for each stand to be used by the sidewalk vendor.
[R.O. 1998 § 610.170; CC 1988 §13-33; Ord. No. 1596 §1, 12-2-1991; Ord.
No. 2389 §1, 8-1-2005; Ord. No. 2913 §4, 8-5-2014]
A license tax is hereby levied upon
each sidewalk vendor and each separate stand as set forth in this
Article. The fee for the license required and imposed under this Article
shall be a minimum sum of one hundred dollars ($100.00).
[1]
Editor's Note: The minimum fee for this license
was originally increased at election held on April 8, 2003.
[R.O. 1998 § 610.180; CC 1988 §13-34; Ord. No. 1596 §1, 12-2-1991; Ord.
No. 2913 §5, 8-5-2014]
A.
The license required by this Article shall be issued in accordance with Chapter 605 regarding business licenses, merchants and business occupations. The application for a sidewalk vendor license shall include, in addition to the information prescribed by the City Clerk pursuant to Chapter 605, the following:
1.
The name, home and business address
of the applicant, and the name and address of the owner, if the applicant
is not the owner of the vending business or stand to be used in the
operation of the vending business;
2.
A description of the type of food,
beverage or merchandise to be sold;
3.
A description of the proposed location
of the vending business;
4.
A description and photograph of any
stand to be used in the operation of the business;
5.
Three (3) prints of a full-face photograph,
taken not more than thirty (30) days prior to the date of the application,
of any person who will sell or offer for sale any food, beverage or
merchandise under the sidewalk vendor license applied for;
7.
Proof of an insurance policy, in
the amount of fifty thousand dollars ($50,000.00)/one hundred thousand
dollars ($100,000.00)/ten thousand dollars ($10,000.00) issued by
an insurance company licensed to do business in the State, covering
all claims for damages to property and bodily injury, including death,
which may arise from operation under or in connection with the license.
Such insurance shall name the City as additional insured and shall
provide that the policy shall not terminate or be canceled prior to
the expiration date without thirty (30) days' advance written notice
to the City.
[R.O. 1998 § 610.190; CC 1988 §13-35; Ord. No. 1596 §1, 12-2-1991]
A.
The application required by this Article
shall be filed with the City Clerk at least seven (7) days prior to
a meeting of the Board of Aldermen and the City Clerk shall notify
the applicant of the time and date of the meeting of the Board of
Aldermen at which the application will be reviewed. The City Clerk
shall notify the applicant of the decision on the issuance or denial
of the sidewalk vendor license.
B.
The Board of Aldermen shall consider the
restrictions set forth in this Article in determining whether to grant
a sidewalk vendor license. No sidewalk vendor license shall be issued
for a location within five hundred (500) feet of any location for
which a sidewalk vendor license has previously been granted. If two
(2) or more applications for the same location are received, the earliest
applicant, if approved, shall be issued a sidewalk vendor license
for that location. If the issuance of the sidewalk vendor license
is approved, the City Clerk shall issue the sidewalk vendor license
upon the applicant's payment of the fee provided for in this Article.
If the application is denied, the applicant shall be provided with
a statement of the reason therefor, which reason shall be entered
in writing on the application. A license issued pursuant to this Article
shall be valid for a period of time as determined by the Board of
Aldermen. A sidewalk vendor license shall specify the location for
which the sidewalk vendor license is issued and shall only be valid
for that location.
[R.O. 1998 § 610.200; CC 1988 §13-36; Ord. No. 1596 §1, 12-2-1991]
Each sidewalk vendor license shall
be displayed at the location for which issued all times during operations.
[R.O. 1998 § 610.210; CC 1988 §13-37; Ord. No. 1596 §1, 12-2-1991]
Sidewalk vendor licenses issued under this Article and Chapter 605 shall remain valid for the licensing period approved by the Board of Aldermen unless revoked or suspended.
[R.O. 1998 § 610.220; CC 1988 §13-38; Ord. No. 1596 §1, 12-2-1991]
A.
Any application for a sidewalk vendor license
may be denied, and any sidewalk vendor license issued may be suspended
or revoked for any of the following causes:
1.
Fraud or misrepresentation contained
in the sidewalk vendor license application;
2.
Fraud or misrepresentation made in
the course of carrying on the vending business;
3.
Conduct of the vending business in
such manner as to create a public nuisance, or constitute a danger
to the public health, safety, welfare or morals;
[R.O. 1998 § 610.230; CC 1988 §13-39; Ord. No. 1596 §1, 12-2-1991]
A.
Sidewalk vendors are prohibited with the
following exceptions:
1.
Sidewalk vendors vending from stands or from their persons are permitted in the business district subject to the restrictions contained in Section 610.240.[1]
[1]
Editor's Note: Former Subsection (A)(2), which
immediately followed, and provided for sidewalk vendors vending from
motor vehicles, was repealed 8-5-2014 by §1 of Ord. No. 2913.
[R.O. 1998 § 610.240; CC 1988 §13-40; Ord. No. 1596 §1, 12-2-1991]
A.
No sidewalk vendor shall:
1.
Vend within five hundred (500) feet
of the grounds of any elementary or secondary school between one-half
(1/2) hour prior to the start of the school day or one-half (1/2)
hour after dismissal at the end of the school day;
2.
Vend within five hundred (500) feet
of any hospital;
3.
Vend within five hundred (500) feet
of any church while the church is in session;
4.
Vend on any street or sidewalk where
vending is otherwise prohibited;
5.
Vend between 9:00 P.M. of one (1)
day and 10:00 A.M. of the following day;
6.
Leave any stand unattended;
[Ord. No.
2913 §6, 8-5-2014]
7.
Store, park or leave any stand overnight
on any street or sidewalk;
[Ord. No.
2913 §6, 8-5-2014]
8.
Sell food or beverages for immediate
consumption unless the sidewalk vendor has available a private or
a public litter receptacle which is available for patrons' use;
9.
Leave any location without first
picking up, removing and disposing of all trash or refuse remaining
from sales made by that sidewalk vendor;
10.
Allow any items relating to the operation
of the vending business to be placed anywhere other than in, on or
under the stand for which the license is issued;
[Ord. No.
2913 §6, 8-5-2014]
11.
Set up, maintain or permit the use
of any table, crate, carton, rack or any other device to increase
the selling or display capacity of his/her stand where such items
have not been described in the sidewalk vendor license application;
[Ord. No.
2913 §6, 8-5-2014]
12.
Solicit or conduct business with
persons in motor vehicles;
13.
Sell anything other than that which
the sidewalk vendor is licensed to vend;
14.
Sound or permit the sounding of any
device which produces a loud and raucous noise, or use or operate
any loudspeaker, public address system, radio, sound amplifier or
similar device to attract the attention of the public;
15.
Vend without the insurance coverage
specified in this Article;
16.
While selling from a stand on the
sidewalk:
a.
Vend at any location where the sidewalk
is not over six (6) feet in width;
b.
Vend within fifteen (15) feet of
any entranceway to any building;
c.
Vend within fifteen (15) feet of
any driveway entrance to a police or fire station, or within fifteen
(15) feet of any other driveway;
d.
Vend within one hundred (100) feet
of the crosswalk at any intersection;
e.
Vend within fifty (50) feet of any
bus stop sign;
f.
Allow the stand or any other item
relating to the operation of the vending business to lean against
or hang from any building or other structure lawfully placed on public
property, without the owner's permission.[1]
[1]
Editor's Note: Former Subsection (A)(17),
which immediately followed, and provided regulations for vending from
a motor vehicle, was repealed 8-5-2014 by §6 of Ord. No. 2913.
[R.O. 1998 § 610.250; CC 1988 §13-41; Ord. No. 1596 §1, 12-2-1991]
A.
All sidewalk vendors selling or offering
for sale any food or beverage shall comply with the inspection provisions
and standards for Grade A restaurants and the following:
[1]
Editor's Note: Former Section 610.260, Safety
Requirements, derived from CC 1988 §13-42 and Ord. No. 1596 §1,
12-2-1991, was repealed 8-5-2014 by §1 of Ord. No. 2913.
[R.O. 1998 § 610.270; CC 1988 §13-43; Ord. No. 1596 §1, 12-2-1991]
No sidewalk vendor shall display
any advertising device, except the posting of prices, on or adjacent
to any stand or motor vehicle, except to identify the name of the
product or the name of the sidewalk vendor.
