HomeMy WebLinkAboutA002 - Model ordinance on sidewalk vendors to Committee on Business Districts loll 50010
CITT it I 515/232-6210
October 6 , 1982
John Doyle , Chairman,
and Members of the Committee
on Business Districts
In Re : Regulation of Street Vendors
Dear Chairman Doyle and Committee Members :
Yesterday I was informed by Ron Wooldridge that the Committee
will consider the matter of regulating street vendors at its
meeting on November 18. In that regard I have enclosed, for
your consideration, the National Institute of Municipal Law
Officer' s so-called "Model Ordinance on Sidewalk Vendors" .
As preparation for the meeting it would perhaps be helpful
if you would each read the model ordinance and note any addi-
tions or deletions you think appropriate for the Ames situa-
tion. You will notice that I have already made some pen-and-
ink modifications to the model ordinance.
Additionally , ordinances from Iowa City, Cedar Falls ,
Minneapolis and Des Moines which pertain to this subject will
be obtained and available before and during the meeting.
Respectfully submitted,
John R. Klaus
City Attorney
cc Mayor and Council
City Manager
R. Wooldridge
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NIMLO MODEL ORDINANCE ON
SIDEWALK VENDORS
AN ORDINANCE TO REGULATE THE. LOCATION AND THE OPERATION OF THE
BUSINESS OF VENDING ON THE STREETS AND SIDEWALKS OF THE. CITY
OF AND TO PROVIDE A PENALTY FOR THE VIOLATION
OF THE TERMS THEREOF.
Be it ordained by the Council of the City of
SECTION 10-1301. Findings and Purpose.
It is found and declared that:
1. The primary purpose of the public streets and sidewalks is r.- ---
for use by vehicular and pedestrian traffic;
2. Vending on the public streets and sidewalks promotes the
public interest by contributing to an active and attractive pedestrian
environment;
3. Reasonable regulation of street and sidewalk vending is
necessary to protect the public, health, safety and welfare.
4. The regulations contained in this ordinance do not prohibit
pure speech by religious organizations, but merely regulate the activities
of an organization which are commercial in nature.
SECTION 10-1302. Definitions. -
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For purposes of this ordinance, the following definitions shall
apply:
1. "Central Bus ess District" means the zone (or) that
/%area bounded by (desi n to reets) .
t
2. "Motor ve • e" m ns any vehicle used for the displaying
�• storing or tra orting of a ticles offered for sale by a vendor
which is re fired to be licen d and registered by the Department of
Motor V icles. i•
3. "Stand" means any table, showcase, bench, rack, pushcart, -• �
wagon or any other wheeled vehicle or device 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, used
for the displaying, storing or transporting of articles offered
for sale by a vendor.
4. "Vendor" means any person engaged in the selling, or
offering for sale, offood, beverages, or merchandise on the public
streets or sidewalks, from a stand or motor vehicle or from his person.
10.1301.11
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NIMLO MODEL ORDINANCE SERVICE
SECTION 10-1303. License Required.
it shall be unlawful to sell, or offer for sale, any food, beverage
or merchandise on any street or sidewalk within the city without first
obtaining a license therefor.
SECTION 10-1304. Applications. L,,,,,._
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with- ice) . The
application for a vendor's license shall include, i _:a<`_- * *he
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1. The name, home and business address of the applicant, and
the name and address of the owner, if other than the applicant, of
the vending business, stand or motor vehicle 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, except that vendors from motor vehicles shall describe
the general area in which they propose to vend, if less than the entire
city.
4. A description and photograph of any stand or motor vehicle to
be used in the operation of the business, including the license and
registration number of any motor vehicle used in the operation of the
business.
5. Three prints of a full-face photograph, taken not more than
30 days prior to the date of the application, of any person who will sell
or offer for sale any food, beverage or merchandise on any street or --
sidewalk within the city. '
6. A certificate of inspection ads ra i �, Gar i0-1�09
,
7. Proof of an insurance policy, issued by an insurance company
licensed to do business in the State of , protecting the
licensee and the city from all claims for damages to property and bodily
injury, including death, which may arise from operations under or in
connection with the license. Such insurance shall name as additional
insureds the city and shall provide that the policy shall not terminate
or be canceled prior to the expiration date without 30 days advance
written notice to the city.
SECTION 10-1305. Issuance.
Not later than 30 days after the filing of a completed application
for a vendor's license, the applicant shall be notified by the license
officer of the decision on the issuance or denial of the license.
10.1301.12wnir„d,a.�
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SIDEWALK VENDORS
The license officer shall consider the standards set forth in (Sec.
4-106)and Secs 10-1307, 10-1308 and 10-1310 in determining whether
to grant a license. No license shall be issued for a location within
feet of any location for which a license has already been granted.
In the event that two or more applications for the same location are
received, the earliest application, if approved, shall be awarded the
location. If the issuance of the license is approved, the license
officer shall issue the license. If the license is denied, the applicant
shall be provided with a statement of the reasons therefor which reasons
shall be entered in writing on the application. The applicant shall
be entitled to a hearing pursuant to Sec. 10-1314. A license issued
pursuant to this section is valid for a period of , from
to A license to vend on the sidewalk shall
specify the location from which vending is permitted and shall only ..astiatii
be valid for vending at that location.
SECTION 10-1306. Vending Prohibited in Certain Locations.
Vending is prohibited with the following exceptions:
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1. Vending on the sidewalks is permitted in the
districtssubject to the restrictions contained in Sec. 10-1307(1)-(16) . .
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2. Vending from motor vehicles is permitted thzo4:� tlx � sub-
ject to the restrictions contained in Sec. 10-1307(1)-(15) and (17) .
SECTION 10-1307. Prohibited Conduct.
No vendor shall:
1. Vend within feet of the grounds of any elementary or
secondary school between 1 2 hour prior to the start of the school day
and 1/2 hour after dismissal at the end of the school day.
2. Vend within feet of any hospital. k
3. Vend within feet of any church while church is in session.
4. Vend on any street or sidewalk where vending is otherwise
prohibited. ~-
5. Vend between _p.m. and —a.m. of the following day.
6. Leave any stand or motor vehicle unattended.
7. Store, park, or leave any stand overnight on any street or
sidewalk, or park any motor vehicle other than in a lawful parking place,
in conformance with city and state parking regulations.
8. Sell food or beverages for immediate consumption unless he has
available for public use his own or a public litter receptacle which is
available for his patrons' use.
t10.1301.13
i
NIMLO MODEL ORDINANCE SERVICE
9. Leave any location without first picking up, removing and
disposing of all trash or refuse remaining from sales made by him.
10. Allow any items relating to the operation of the vending
business to be placed anywhere other than in, on or under the stand
or motor vehicle.
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 stand or motor vehicle where such items have not been
described in his application.
12. Solicit or conduct business with persons in motor vehicles.
13. Sell anything other than that which he 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 loud speaker, public
address system, radio, sound amplifier or similar device to attract the
attention of the public.
15. Vend without the insurance coverage specified in Sec. 10-1304(7) .
16. No vendor selling from a stand on the sidewalk shall:
a. Vend at any location where the sidewalk is not over
feet in width.
b. Vend within feet of an entranceway to any building. ig
C. Vend within feet of any driveway entrance to a
police or fire station, or—within feet of any other driveway.
d. Vend within feet of the crosswalk at any inter-
section.
e. Vend within feet of any bus stop sign. �.,,_. . . ....W _.
f. Allow the stand or any other item relatinq 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.
17. No vendor vending from a motor vehicle shall:
a. Conduct his business in such a way as would restrict or
interfere with the ingress or egress of the abutting property owner
or tenant, or create or become a public nuisance, increase traffic
congestion or delay, or constitute a hazard to traffic, life or property,
or an obstruction to adequate access to fire, police or sanitation
vehicles.
b. Stop, stand, or park his vehicle upon any street, or permit
it to remain there except on the roadway at the curb for the purpose of
vending therefrom.
10.1301.14
SIDEWALK VENDORS
C. Stop, stand or park his vehicle upon any street for the
purpose of selling, or sell on any street under any circumstances
during the hours when parking, stopping or standing has been prohibited
by signs or curb markings or is prohibited by statute or ordinance.
d. Remain in any one place for a period longer than necessary
to make a sale after having been approached or stopped for that purpose.
e. Stop, stand or park his vehicle within feet of any
intersection, except that vehicles vending products likely to attract
children as customers shall park curbside when stopping to make a sale,
as close as possible to a pedestrian crosswalk without entering the
intersection or otherwise interfering with the flow of traffic.
SECTION 10-1308. Size Requirements for Vending Stands.
No stand shall exceed feet in width and feet in length
and in height.
SECTION 10-1309. Health and Sanitation Requirements for Food and
Beverage Vending.
Vendors of food and beverages shall comply with the inspection
provisions and standards for drwdm=%Lrestaurants.csata.nPA
kavra=^.z-
1. The equipment used in vending food and beverages shall be
inspected upon application for a license and receive a certificate of
inspection upon compliance with this section.
2. Each food and beverage vending business shall be inspected
at least a year.
SECTION 10-1310. Safety Requirements.
All motor vehicles in or from which food is prepared or sold shall
comply with the following requirements: F
1. All equipment installed in any part of the vehicle shall be PW� '
secured, in order to prevent movement during transit and to prevent
detachment in the event of a collision or overturn.
2. All utensils shall be stored in order to prevent their
being hurled about in the event of a sudden stop, collision or overturn.
A safety knife holder shall be provided to avoid loose storage of knives.
3. Compressors, auxiliary engines, generators, batteries, battery
chargers, gas fueled water heaters, and similar equipment shall be installed
so as to be accessible only from outside the vehicle.
SECTION 10-1311. Display of License.
10.1301.15 .�.-,..,dam__-
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NIMLO MODEL ORDINANCE SERVICE 1
All licenses shall be displayed at all times during the operation
of the vending business_i aeee3an P rh +r, nrn�;G;nna of (Sew
4-446-f-B'}l.
SECTION 10-1312. Advertising.
No advertising, except the posting of prices, shall be permitted
on any stand or motor vehicle, except to identify the name of the
product or the name of the vendor.
SECTION 10-1313. Renewal. 9-
All licenses are valid for the entire licensing period unless
revoked or suspended prior to expiration. An application to renew a
license shall be made not later than days before the expiration
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of the current license..
SECTION 10-1314. Denial, Suspension and Revocation.
An license may be denied, suspended or revoked i i-th
(•Ja''` `� r �` "` _- ) for any of the following causes:
1. Fraud or misrepresentation contained in the application for the
license.
2. Fraud or misrepresentation made in the course of carrying on the
business of vending.
3. Conduct of the licensed business in such manner as to create
a public nuisance, or constitute a danger to the public health, safety,
welfare or morals.
4. Conduct which is contrary to the provisions of this ordinance.
SECTION 10-1315. Penalty.
Any person violating any provision of this ordinance shall be
guilty of a misdemea_g-g$L- and upon conviction, shall be punished by a
fine not to exceed $� or by imprisonment for a period not to exceed
6-mvnt+m-o
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SECTION 10-1316. Separability, Repealer and Effective Date.
1. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional by
any Court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions.
2. This ordinance shall supercede any other ordinance in conflict
herewith.
3. This ordinance shall be in full force and effect from and
after its passage.
10.1301.16