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Home My WebLink AboutA006 - proof of publication, June 10, 1983 LEGAL NOTICE LEGAL NOTICE ORDINANCE NO. 2649 - AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY ADDING NEW SECTIONS NUMBERED 22.11 THROUGH 22.23 FOR THE PURPOSE OF Proof of Publication in The REGULATING VENDING ON STREETS AND SIDEWALKS: PROVIDING A PENALTY; AND, ESTABLISHING AN EF- FECTIVE DATE AMES DAILY TRIBUNE 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 hew sections 22.11 through 22.23 as follows: "Sec. 22.11. FINDINGS AND PURPOSE, It is found and declared that: STATE OF IOWA, STORY COUNTY, ss. (1) The primary purpose of the public streets and sidewalks is for use by vehicular and.pedestrian traffic; .wt,..�,t ,+ (2) Vending on. the public streets and sidewalks promotes l,-+kMm)dx Awwaa'VkK)V wdK*k3ftK asom Robert J. the public interest by contributing to an active and attractive pedestrian environment; Jacobsen, on oath depose and say that I am (3) Reasonable regulation of street and sidewalk vending is vo`pW*sber production foreman Of the AMES necessary to protect the public health, safety and wel- fare. DAILY TRIBUNE, a daily newspaper, printed at (4) The following regulations for street and sidewalk vending Ames, Story County, Iowa;that the annexed printed are not intended to restrain speech but merely to regu- late conduct which is commercial in nature. City of Ames — Grdinance #2849 Sec. 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, was published In said newspaper for on the public streets, alleys, parking lots, sidewalks, thoroughfares, and ways. Sec. 22.13. LICENSE REQUIRED. • consecutive weeks,the first It shall be unlawful to sell, or offer for sale, any`.Good, and the last of said publication was on the beverage or merchandise on any street, sidewalk, alley, city , parking lot or other thoroughfare withoutfirst obtaining an annual 10th day of June license therefore. Sec. 22.14. APPLICATIONS. 19 8P 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 Sworn to before me an subscribed i i my presence the applicant, of the vending business, stand or motor vehicle to tm used in the operation of the vending busi- ness. by Iod� eiC��)tic�io>�ga�ebe Robert J. (2) A description of the t Jacobsen. P type of food, beverage or mer- chandise to be sold. (3) A description of the proposed location or routes of the this 102 day of ji ine vending business. 19 83 (4) A certificate of inspection by the city sanitarian. (5) Proof of an insurance c oliL - +—.No Public policy, issued by an insurance tary company licensed to do business in the State �of Iowa, In and for Story County. 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 Fees,$ 99 15 "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 ' (2) Eat�h loud and-beverage vending business shall be in- spected at least twice a year. 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 or the decision on the issuance or denial of the license. The Sec. 22..18. DISPLAY OF.LICENSE. decision shall be made by the city manager or the manager's designee. All licenses shag be displayed at all times during the opera- tion of the vending business. The city manager shall consider the standards se[ forth in _ - State restaurant regulations, and state itinerant merchants regu- Sec. 22.19. RENEWAL. lations. No license shall be issued by the city unless there is proof that all required state licenses and permits have been ap- All lia.n e ses are valid for the entire licensing Period eriod unless plied for or obtained. In the event that two or more applications revoked or suspended prior to expiration. An application to renew for the same location are received;, the earliest application, if a license shall be made not later than 60 days before the expo - approved, shall be awarded the location if otherwise qualified and Lion,of the current license. acceptable. If a license is-denied, the applicaAt shall be provided with a Sec. 22.20. DAIAL, SUSPENSION AND REVOCATION. statement of the reasons therefore which reason shall be entered in writing on the application. The applicant shall be entitled to a Any Ise—c may be denied, suspended or revoked after notice hearing. ' A license issued is valid fora period of one year from and an opportunity for hearing for any of'the following causes: the date of issuance. - (1) Fraud or misrepresentation contained in the application Sec. 22.16. VENDING PROHIBITED IN CERTAIN PARTS OF THE for the license. CITY. 11 (2) Fraud or misrepresentation niadc in the course of carry- The license provided for in Section 22.13 may be issued in ing on the business of Fending. .the various- commercial and industrial zoning districts of tAe city, (3) Conduct of the licensed business in such manner as [o but, except for vendors of nothing more than ice-cream and similar create a public nuisance, or constitute a danger to the frozen desserts, not in the Hospital-Medical zoning district nor in public health, safety, welfare or morals. any other zoning district, as shown on the official zoning map of the city. (4) Conduct which is contrary to the provisions of this Sec. 22,17. HEALTH AND SANITATION REQUIREMENTS FOR FOOD ordinance. AND BEVERAGE VENDING. Vendors of food and beverages shall comply with the jtspec- 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 pertificate of inspection .upon compliance with this sec- tion, Sec. 22.21. 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. Sec. 22.22. STANDARDS FOR VENDING. The following standards shall be observed by all vendors: (1) The vending stand shall be of such a size and so placed that it does not obstruct the orderly flow of pedestrian and/or vehicular movement(s). (2) The vending stand shall be placed so as not to obstruct visibility at street intersections or to obstruct driveway entrances. (3) All vending stands shall provide a litter receptacle which is available for the vendor's patron's use. (4) All vending stands shall be attended at all times and removed during hours of nonoperation. (5) Upon removal of the stand, all litter and trash shall be picked up. (6) Vending items shall be only those stated in the applica- tion. (7) The vending stand shall be placed so as not to obstruct the view of merchandising displays of other businesses abutting the sidewalk. (8) All vending from motor vehicles shalt be conducted in such a way as not to restrict or interfere with the ingress or egress of the abutting property, create a public nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life, or property, or be an obstruction to adequate access to fire, police, or sanitation vehicles. Sec. 22.23. EXCEPTIONS. This ordinance shall not be applied to the following: (1) Organized business districts'promotionals (2) Farmers'Market (3) Civic and service club activities (4) Home deliveries of food and merchandise deliveries in residential zoning districts." Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after tts 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 (E100)or by imprisonment for up to thirty (30) days. Adopted this 77th day of June 1983/r . Nan y Gib ns, city Clerk a &.nd, Mayor Published in The Ames Daily Tribune, June 10,1993.