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Home My WebLink About~Master - Regulating Vending on Streets and Sidewalks { ORDINANCE NO. 2849 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 REGULATING VENDING ON STREETS AND SIDEWALKS: PROVIDING A PENALTY; AND, ESTABLISHING AN EF- FECTIVE DATE I 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 22.23 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. 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, on the public streets, alleys, parking lots, sidewalks, thoroughfares, and ways. Sec. 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 r ! Y 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 certificate of inspection by the city sanitarian. (5) 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. 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, except for vendors of nothing more than ice-cream and similar frozen desserts, not in the Hospital-Medical zoning district nor in any other zoning district, as shown on the official zoning map of the city. Sec. 22. 17. 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. Sec. 22. 18. DISPLAY OF LICENSE. All licenses shall be displayed at all times during the opera- tion of the vending business. Sec. 22. 19. 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. 22.20. 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. 22.21. 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 shall 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. • • ' IMP" 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 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 7th day of June 1983. Nan -GibJ6 ns, City Clerk Pa oodland, Mayor