A.
Types of vendors on the Commons:
B.
Definition of "mobile vending": selling food/beverage/merchandise/services
from a wheeled carrier that can move easily without the use of a vehicle
or power source. Carts must be battery operated and completely self-contained
as the City does not provide water or electric to the vendors. The
use of generators is prohibited without first obtaining a special
permit from the Superintendent's office.
C.
Cart construction requirements: Vending carts are required and must
be constructed in a professional manner and using methods and techniques
associated with good craftsmanship.
(1)
Awnings, canopies, or umbrellas: lowest edge of any awning, canopy,
or umbrella must be at least 6 1/2 feet from the ground; flame-resistant
or fire-retardant canvas or simulated canvas with a peaked roof that
may extend 18 inches beyond the side of the cart. Canopies and awnings
must be fastened to all corners. Umbrellas must be windproof, using
a standard metal umbrella holder with a locking device permanently
attached to the cart.
(2)
Box carts: Carts that are shaped like a square or rectangular box,
having a permanent roof, four permanent sides and limited see-through
ability, are not permitted.
(3)
Coolers (for food/beverage vendors only): maximum of two coolers
per cart vendor. Both coolers are required to be stored on the same
dolly. Each food vendor is required to have one dolly. Coolers must
be pressed up against cart or no more than six inches away from cart.
All coolers must be kept in a clean and sanitary condition, free of
dirt, grime, grease.
(4)
Display cases: must be sturdy, in good repair, and attached to the
cart (preferred). If not attached, they must be heavy enough to withstand
considerable winds or other natural elements.
(5)
Fixtures: Good quality hinges, clasps, and other hardware must be
secured firmly to the cart.
(6)
Height: maximum of eight feet (from pavement to highest point of
the cart).
(7)
Lighting: Lighting can be used for preparing and serving food and
illuminating a menu. Decorative lighting is not permitted unless approved
by the Superintendent. Lighting not approved by the Superintendent
must be removed immediately.
(8)
Making carts stationary: Mobile carts must be stationary in their
locations. Locking wheels are preferred. Wheel chocks may be used.
(9)
Mats: required for food/beverage vendors only. Clean, solid, fire-retardant tarp, minimum 12 square feet, in front of each food cart to capture spilled food/beverage and waste. No exception. Staff may require additional mats as needed (under grill area, for example). Mats should be rolled up, removed from the Commons, and cleaned before reuse. Vendor is responsible for removal of any drippings or stains that occur at his/her location. Vendors must use the guidelines for stain removal established by the Department of Public Works. See also § 157-21, Cleaning and repairing.
(10)
Maximum cart size: no larger than 32 square feet and of reasonable
proportions.
(11)
One structure only: cannot use more than one structure per vendor
location.
(12)
See-through ability: must be able to see through at least two
sides of the cart at all times.
(13)
Signage: Product brand names, related to products being sold, are permitted on umbrellas. All signs are subject to rules as outlined in City of Ithaca Municipal Code Chapter 272, entitled "Signs."
(14)
Tables: no freestanding tables. Built-in, folding-down tables
attached to the actual vendor cart are acceptable, provided they have
been approved by the Superintendent.
(15)
Trash/recycling receptacles: Each vendor must have a trash container
with a lid, and trash bags must always be used. Vendor must also have
a recycling container. The vendor must follow the strict "carry in/carry
out" policy of the City of Ithaca. Vendors may not use Commons trash
receptacles. Vendor may use the secure trash facility used by Commons
businesses through the purchase of an access key and authorized trash
bags.
(16)
Wheels: minimum six-inch diameter. Two large wheels and one
small wheel are acceptable.
(17)
Shopping carts are not allowed as part of the mobile vending
space.
The Board of Public Works is authorized to determine appropriate
locations where vending shall take place. The Superintendent's office
shall maintain and make available to the public a map of approved
vending locations.
Operating hours for mobile vending carts are between 10:00 a.m.
and 10:00 p.m. Carts must be removed from the Primary Commons between
the hours of 10:00 p.m. and 8:00 a.m. Vendors who wish to operate
outside regular hours must obtain permission from the Superintendent.
A.
The Superintendent may issue agreements for mobile vending on the
Primary Commons pursuant to the Mobile Vending Map, which is approved
by the Board of Public Works annually. The Superintendent may refuse
to issue an agreement:
B.
Application requirements.
(1)
Completed applications for vending agreements with corresponding fees shall be received and considered by the Superintendent. Fees include, but may not be limited to, application fee, security deposit, and use fee. The fees have been established in accordance with Chapter 170 of the City of Ithaca Municipal Code, entitled "Use of Real City Property." Notwithstanding the foregoing, the Board of Public Works may, in its discretion, offer a reduced permit fee for not-for-profit organizations offering employment opportunities for youth or persons with disabilities.
(2)
A description of the type of merchandise, service, food or beverage
menu to be offered for sale.
(3)
Price list of each item being sold.
(4)
A description and photograph of the cart to be used.
(5)
Proof that the applicant has complied with the established regulations
of the Tompkins County Health Department, Ithaca Fire Department and
other appropriate state, federal and local laws and regulations applicable
to the vending business.
(6)
A certificate of liability insurance in an amount to be determined,
but in no case shall it be less than $1,000,000. It must also name
the City of Ithaca as an additional insured.
(7)
Proof of New York State workers' compensation and disability insurance
or New York State workers' compensation and disability exemption certificate
completed.
(8)
Applicants shall demonstrate that they have a New York State sales
tax certificate at all times while they are vending.
(9)
A written description of waste disposal plans for trash, water, grease,
and other materials.
(10)
Proof of 501(c)(3) designation, state, or federal not-for-profit
status, if applicable.
(11)
The Superintendent may require additional information from the
applicant if deemed necessary.
(12)
Whenever a name or address provided by the vendor on his or
her agreement or application changes, he or she shall notify the Superintendent
within 10 days of the change.
C.
Mobile vending agreements. Upon receipt of a completed application
and appropriate fees, the Superintendent will prepare a mobile vending
agreement between the vendor and the City of Ithaca. The Superintendent's
office will maintain the original agreement on file in its office.
D.
Security deposit. A refundable security deposit is required for all vendors. All sites are subject to periodic review, and the deposit will be refunded upon final site inspection by the Department of Public Works at the end of the agreement period. Vendors must comply with guidelines for stain removal established by the Department of Public Works. See also § 157-21, Cleaning and repairing. If grease or other stains are found at the vending site, the Department of Public Works shall make arrangements with the vendor for cleanup within a specified time period. If the site is not cleaned up within that time period, the Department of Public Works will clean the site and will subtract the fee from the security deposit. If additional costs are incurred, the vendor will be billed accordingly.
E.
All fees are nonrefundable.
F.
Requested site location. Sites are listed on the Commons Amenities
Map obtained from the office of the Superintendent of Public Works.
Site preference consideration will first be given to returning vendors,
and then on a first-come basis. If two returning vendors request the
same site, the site will be awarded on a first-come-first-served basis.
A.
Vendors receiving agreements shall:
(1)
Comply with all laws, ordinances and regulations applicable to their
business.
(2)
Refrain from operating carts after agreements expire and when the
agreements are suspended or revoked.
(3)
Surrender their agreements promptly upon their revocation or suspension.
(4)
Defend, indemnify, save and hold harmless the City of Ithaca from
any and all acts of negligence arising from the vendor's use of the
Commons and shall be so duly insured.
B.
The vendor will not discriminate against any employee, applicant
for employment, subcontractor, supplier of materials or services,
or program participant because of actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity; familial
status; gender; gender identity or expression; height; immigration
or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight.
The following are the mobile vending rules of operation:
A.
Vending sites are 10 feet by 10 feet in size, and vendors are required
to keep all of their equipment within their assigned site.
B.
Vendors shall not block or inhibit pedestrian traffic or allow emergency
vehicular traffic to be impeded because of vending operations.
C.
Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission
is granted by the Superintendent.
D.
Vending carts must be attended at all times.
E.
All carts and equipment must be removed from the vending site at
the close of business each day.
F.
All vendors must maintain the submitted list of items for sale and
prices throughout the agreement period unless special permission is
granted by the Superintendent.
G.
Smoke and/or odors produced by the cooking of foods on a mobile vending
cart must be vented, filtered or disposed of in a comparable manner
so as to reasonably prevent the release of odor or particulate matter
into the surrounding environment.
H.
Vendors are responsible for trash and waste disposal. Vendors shall
provide a container for trash and litter, and be responsible for the
appropriate removal and disposal thereof. No dumping is allowed in
City trash cans, grates, storm sewers, or other areas.
I.
Vendors shall keep public spaces within a ten-foot radius of their cart clean and free from paper, peelings, oil and grease spills and refuse of any kind generated from the operation of their cart. If spills do occur, the vendor is responsible for using the guidelines for proper removal of stains established by the Department of Public Works. See also § 157-21, Cleaning and repairing.
J.
No music, amplified sound, or repetitive noise that can be heard
outside of the vending site may be played by the vendor.
K.
If a vending site remains vacant for three consecutive weeks without
notification to the Superintendent's office, it will be considered
abandoned and reassigned, with no refunds issued.
L.
The City reserves the right to move vendors for necessary maintenance
and repairs on the Commons.
M.
The City does not provide water or electric service to mobile vendors.
N.
All vendors shall cooperate with staff members of City of Ithaca
and the Downtown Ithaca Alliance.
A.
The City may terminate a mobile vending agreement at any time without
cause, in which case the vendor shall be reimbursed for the period
of time that would be remaining on the agreement if the agreement
were not terminated before expiration.
B.
If the agreement is terminated for cause, the agreement period shall
end immediately, and no refunds will be issued. Notice of proposed
suspension or revocation of an agreement for mobile vending shall
be given in writing, setting forth specifically the grounds of the
complaint. The vendor shall have a right to a hearing on the proposed
revocation or suspension before the Board of Public Works no sooner
than 10 days after requesting such a hearing, in writing. Grounds
for termination include, but are not limited to:
(1)
Violation of the rules of operation.
(2)
Fraud, misrepresentation or false statements on the application.
(3)
Fraud, misrepresentation or false statements made in connection with
the selling of merchandise.
(4)
Violation of any ordinances, regulations or laws applicable to the
holder of such an agreement.
(5)
Conduct of the business permitted in an unlawful manner or in such
a way as to constitute a menace to the health and safety of the public.
C.
The Board of Public Works shall have the right to terminate or reinstate
the agreement. Such decision shall become effective immediately.
D.
Any applicant whose agreement is revoked under this regulation may
not reapply for another agreement until the expiration of one year
from the date of revocation.
Notwithstanding the above, permits to sell on the Commons or
to operate mobile vending carts granted pursuant to this chapter shall
include days on which it is expected that the Ithaca Festival or other
events sponsored by the Downtown Ithaca Alliance will take place on
the Commons. A listing of these events and dates shall be maintained
by the City. The vendor will be required to make application to the
event coordinator and pay any additional fees as required. Vendors
may be relocated from their assigned spot during the event, at the
discretion of the event coordinator. Vendors must follow the rules
of each event. Vendors interested in vending during special events
should contact the Downtown Ithaca Alliance, Ithaca Festival offices,
or other event coordinator for information regarding vending requirements
for those special events.
Persons holding a license issued by the Tompkins County Clerk
to vend under the status of a United States Armed Forces veteran pursuant
to § 32 of the General Business Law, to the extent legally
permitted, are required to abide by all regulations except those concerning
fees.
Any person or group that has been denied an agreement to vend
on the Commons may appeal such decision to the Board of Public Works.
Such appeal shall be submitted, in writing, to the Superintendent's
office within 10 days from the date of denial. The Board of Public
Works may act to sustain the original decision or to revise it, with
or without conditions.
