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HomeMy WebLinkAboutA003 - Council Action Form, April 5, 1983 COUNCIL ACTION FORM NO: April 5, 1983 SUBJECT: Recommended Street Vendor's Ordinance BACKGROUND: At its meeting on September 21, 1982, Citv Council directed the Mayor's Advisory Committee on Business Districts to consider and recommend regulations concerning vending of products on public ways. The Committee has been reviewing such an ordinance with the City Attorney over the past several months. The recommended ordinance is attached. A part of the Committee's recommendation is the setting of a $40.00 fee to cover annual application and inspections. The fee is the same as is the minimum fee for restaurant inspections. ALTERNATIVES: 1. To accept the Committee's recommendation. 2. To return the recommendation to the Committee for further consideration in those areas specified by Council. 3. To not accept the Committee's recommendation. CITY MANAGER'S RECOMMENDATION: It is recommended that the Committee's recommendation be accepted . CITY COUNCIL ACTION: kn'IN C- r e� e r 5 4<\k e o r-(cl�:v.\c.v�c e Y�CIA C- e4e . Cc��nv�c .\ ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY ADDING NEW SECTIONS NUMBERED 22. 11 THROUGH 22.25 FOR THE PURPOSE OF REGULATING VENDING ON STREETS AND SIDEWALKS: PROVIDING A PENALTY; AND, ESTABLISHING AN EF- FECTIVE DATE BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa shall be and is hereby amended by enacting new sections 22.11 through 22.24 as follows: "Sec. 22.11. FINDINGS AND PURPOSE. It is found and declared that: (1) The primary purpose of the public streets and sidewalks is 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 wel- fare. (4) The following regulations for street and sidewalk vending are not intended to restrain speech but merely to regu- late conduct which is commercial in nature. See. 22.12. DEFINITIONS. (1) "Stand" means any table, showcase, bench, rack, push- cart, wagon vehicle or device used for displaying, keeping and offering of articles for sale by a vendor. (2) "Vendor" means any person engaged in selling, or offer- ing for sale, of food, beverages, or other merchandise from a stand, motor vehicle or from the vendors person, on the public streets, alleys, parking lots, sidewalks, thoroughfares, and ways. See. 22. 13. LICENSE REQUIRED. It shall be unlawful to sell, or offer for sale, any food, beverage or merchandise on any street, sidewalk, alley, city • , • 2 • parking lot or other thoroughfare without first obtaining an annual license therefore. Sec. 22.14. APPLICATIONS. The application for a vendor's license shall include: (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 busi- ness. (2) A description of the type of food, beverage or mer- chandise to be sold. (3) A description of the proposed location or routes of the vending business. (4) A description and photograph of any stand or motor vehicle to be used in the operation of the business, in- cluding the license and registration number of any motor vehicle used in the operations of the business. (5) Three prints of a full-face photograph, taken not more than thirty (30) days prior to the date of the applica- tion, of any person who will sell or offer for sale any food, beverage or merchandise from any street, side- walk, alley, city parking lot or thoroughfare within the city. (6) A certificate of inspection by the city sanitarian. (7) Proof of an insurance policy, issued by an insurance company licensed to do business in the State of Iowa, protecting the licensee and the city from all claims for damages which may arise from operations under or in connection with the license. Such insurance shall be an "occurrence" policy and name as additional insureds the city, its officers and employees, and shall not terminate or be cancelled prior to the expiration date of the policy or of the vendor's license without 30 day advance writ- ten notice to the city. Sec. 22. 15. ISSUANCE Not later than 30 days after the filing of a completed applica- tion for a vendor's license, the applicant shall be notified by the city of the decision on the issuance or denial of the license. The decision shall be made by the city manager or the manager's designee. • 3 The city manager shall consider the standards set forth in State restaurant regulations, and state itinerant merchants regu- lations. No license shall be issued by the city unless there is proof that all required state licenses and permits have been ap- plied for or obtained. 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 otherwise qualified and acceptable. If a license is denied, the applicant shall be provided with a statement of the reasons therefore which reason shall be entered in writing on the application. The applicant shall be entitled to a hearing. A license issued is valid for a period of one year from the date of issuance. Sec. 22.16. VENDING PROHIBITED IN CERTAIN PARTS OF THE CITY. The license provided for in Section 22. 13 may be issued in the various commercial and industrial zoning districts of the city, but not in the Hospital-Medical zoning district nor in any other zoning district, as shown on the official zoning map of the city. See. 22. 17. PROHIBITED CONDUCT. No vendor shall: (1) Vend within 100 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 100 feet of any church while church is in session. (3) Vend on any street or sidewalk where vending is other- wise prohibited. (4) Vend between midnight and 6:00 a.m, of the following day. (5) Leave any stand or motor vehicle unattended. (6) 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. (7) Sell food or beverages for immediate consumption without providing for public use the vendor's own or a public litter receptacle which is available for the vendor's patrons' use. i . 4 i (8) Leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by the vendor. (9) 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. (10) 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 a stand or motor vehicle, where such items have not been described in the vendor's application. (11) Solicit or conduct business with persons in motor ve- hicles. (12) Sell anything other than that which the vendor is licensed to vend. (13) Sound or permit the sounding of any device which pro- duces 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. (14) Vend without the insurance coverage required. (15) No vendor selling from a stand on the sidewalk shall: (a) Vend at any location where the sidewalk is not at least five 5 feet in width. (b) Vend within 6 feet of an entranceway to any build- ing. (c) Vend within 20 feet of any driveway entrance to a police or fire station, or within 20 feet of any other driveway. (d) Vend within 20 feet of the crosswalk at any inter- section. (e) Vend within 20 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 private property, without the owner's permission. (g) No apparatus shall be permitted which substantially obstructs the view of merchandising displays of other businesses abutting the sidewalk. (17) No vendor vending from a motor vehicle shall: (a) Conduct business in such a way as would re- strict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic conges- tion 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 a vehicle upon any street, or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom. (c) Stop, stand or park a 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 ap- proached or stopped for that purpose. (e) Stop, stand or park a vehicle within 15 feet of any intersection. Sec. 22. 18. SIZE REQUIREMENTS FOR VENDING STANDS. No stand shall exceed 3 feet in width and 5 feet in length. Sec. 22.19. HEALTH AND SANITATION REQUIREMENTS FOR FOOD AND BEVERAGE VENDING. Vendors of food and beverages shall comply with the inspec- tion provisions and standards for restaurants. (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 sec- tion. (2) Each food and beverage vending business shall be in- spected at least twice a year. b Sec. 22.20. SAFETY REQUIREMENTS. All motor vehicles in or from which food is prepared or sold shall comply with the following requirements: (1) All equipment installed in any part of the vehicle shall be 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. Sec. 22.21. DISPLAY OF LICENSE. All licenses shall be displayed at all times during the opera- tion of the vending business. Sec. 22.22. ADVERTISING. No advertising, except the posting of prices, shall be per- mitted on any stand or motor vehicle, except to identify the name of the product or the name of the vendor. Sec. 22.23. RENEWAL. 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 60 days before the expira- tion of the current license. Sec. 22.24. DENIAL, SUSPENSION AND REVOCATION. Any license may be denied, suspended or revoked after notice and an opportunity for hearing 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 carry- ing 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. Sec. 22.25. FEE A fee for the license and inspection shall be charged based upon the direct and indirect costs of administration, inspection, and enforcement as set by resolution of the City Council. Section Two. All ordinances or parts. of ordinances in conflict herewith are hereby repealed to the extent of such conflict, Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Section Four. Violation of the provisions of this ordinance shall be punishable as a simple misdemeanor by a fine not to exceed one hundred dollars ($100) or by imprisonment for up to thirty (30) days. Adopted this day of 1983. Gina Bicknese, City Clerk F. Paul Goodland, Mayor