HomeMy WebLinkAbout~Master - Vending Regulations ORDINANCE NO. 4208
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING CHAPTER 22, SECTION 22.11
THROUGH 22.24 AND ENACTING A NEW SECTION 22.11 THROUGH
22.28 THEREOF, FOR THE PURPOSE OF SETTING FORTH THE
CONDITIONS AND REQUIREMENTS UNDER WHICH A VENDOR,AS
DEFINED,MAY BE PERMITTED TO OPERATE WITHIN THE CITY OF
AMES PUBLIC RIGHT-OF-WAY; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
enacting a new section as follows:
"22.11. FINDINGS AND PURPOSE. It is found and declared that:
1) Vending on the public streets and sidewalks may promote the public interest by contributing to an
active and attractive pedestrian environment. The purpose of accommodating vending carts, sidewalk sales,
newspaper dispensers,vendor persons and sidewalk dining in pedestrian oriented commercial areas is to add activity,
attract pedestrians,extend their visits and enhance overall community quality of life.
2) Reasonable regulation of street and sidewalk vending is necessary to protect the public health,
safety,welfare and meet the primary purpose as described in Division III.22.11.
22.12. DEFINITIONS. The following words,terms, and phrases, when used in this Division, shall have the
meanings ascribed to them in this section,except where the context clearly indicates a different meaning.Where
words and phrases used in this Division are defined by state law, such definitions shall apply to the use of such
words and phrases in this Division and are adopted by reference. Those definitions so adopted that are further
defined or are reiterated in this Division shall have the meanings set out in this Division.
1) Alcoholic beverages-means any beverage containing more than one-half of one percent of alcohol
by volume including alcoholic liquor,wine, and beer.
2) Applicant-a person who applies for a permit as provided in this division.
3) Mobile Vending Vehicle-a motorized structure that is used for vending ice cream or similar frozen
desserts from public streets.
4) Mobile Vending Location-an appropriate area to operate a mobile vending vehicle as approved in
writing by the City Manager or designee in writing. Mobile vending vehicles are allowed to operate on public
streets. Mobile vending vehicles are prohibited from operating on sidewalks,alleys,walkways,bicycle lane right-of-
way or public way,designated for bicycle or pedestrian travel.
5) Mobile Vending Vehicle Permit-means a permit issued by the City for operation of a mobile vehicle
business that meets all of the requirements ofthis Division and all other applicable ordinances of the City and all
State laws.
6) Pedestrian-any person traveling on foot or with an assistive device.
7) Person - any person, business association or other business entity including, but not limited to, a
corporation, a limited liability company,a partnership, a sole proprietorship, a political subdivision,a public or
private agency of any kind,a utility, a successor or assignee of any of the foregoing, or any other legal entity.
8) Public Right-of-Way-means any public street,alley,roadway,sidewalk,walkway,highway,bicycle
lane right-of-way,or public way designed for vehicular,bicycle,or pedestrian travel that is dedicated to public use
and/or publicly owned.
9) Public Sidewalk-means the improved portion of the public right-of-way lying between the traveled
portion of the street and the private property line or building line that is intended primarily for pedestrian use.
10) Sidewalk Cafe-an outdoor area located on a public right-of-way,contiguous to a building wherein
a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at
tables in that area. Permitted sidewalk cafes must abide by the requirements and limitations as determined by the
City.
11) Sidewalk Cafe Elements-means all tables,chairs,fencing,planters and plants,and any other privately
owned property comprising the sidewalk cafe,which is approved for use in a sidewalk cafe by this division or in
a sidewalk cafe permit.
12) Sidewalk Cafe Permit-means a permit issued by the City for operation of a sidewalk cafe which meets
all of the requirements of this division and all other applicable ordinances of the city and all state laws.
13) Vendor - means any person engaged in selling, or offering 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 public rights-of-way.
14) Vending Cart-is defined as a non-motorized wheeled carrier that is pushed or pulled into place on
the sidewalk.A vending cart is not designed for human enclosure or occupancy.And is used for outdoor display and
vending of food and non-alcoholic beverages,unless it is for a special event as designated by the City Council, it
may also include merchandise.Vending carts may include light cooking and final preparation of food products. Any
components associated with the vending cart operation must be either integrated into the cart, or able to be stored
on the cart for mobility. Separate counters or appliances that cannot be folded and easily stored on the vending cart
are not allowed. The vending cart and its components cannot be more than one hundred(100)square feet in size.
Vending carts must be removed and stored in a non-public location when not in use. Vending carts are intended to
be used by walk-by patrons and may not include sit-down dining.
15) Vending Cart Location-the area assigned on the Vending Permit as determined by the City Manager,
or designee, in writing for the operation of vending carts.
16) Vending Cart Permit-that a permit issued by the City for operation of a vending cart business which
meets all of the requirements of this Division and all other applicable ordinances of the City and all state laws.Each
vending permit shall carry with it the authorization to operate at one designated location during valid dates of
operation as stated on the permit.
17) Vendor Person-any person operating a vending business that does not require a vending cart or is not
attached to an adjacent business to conduct a sidewalk sale.
18) Vendor Person Permit-means a permit issued by the City for operation of a vendor person business
which meets all of the requirements of this Division and all other applicable ordinances of the City and all State
laws.
22.13. USE OF PUBLIC SIDEWALKS RESTRICTED: Use of public sidewalks for any commercial purpose,
including sidewalk cafes and all forms of vending,shall be unlawful except as specifically provided herein or as
specifically authorized by this Division.
22.14. VENDING PERMIT REQUIRED: It shall be unlawful to sell, or offer for sale, any food,beverage,
merchandise,or service on any street,sidewalk,alley,City parking lot or other thoroughfare or public right-of-way
without first obtaining the applicable vending permit for the following:
1) Vending Cart
2) Vendor Person
3) Sidewalk Sales
4) Mobile Vending Vehicle-Ice Cream Truck
5) Newspaper Dispenser
6) Sidewalk Cafe
7) or other private uses of the public right-of-way
22.15. VENDING ON PUBLIC RIGHT-OF-WAY
1) Where Permissible. The Downtown Service Center,Campustown Service Center and Village-Town
Center Zoning Districts are allowed for the operation of vending on public right-of-way. Mobile Vending Vehicle-
ice cream is allowed on public streets,except the Hospital-Medical zoning district.
2) Vending in City Parks is regulated by the Parks and Recreation Commission and the City of Ames Park
System Vending Policy.
22.16. FILING APPLICATION:
1) Applications for all Permits in Division III, Sec.4 will be available in the Office of the City Clerk.
2) An application for a Permit shall be filed with the City Manager or designee by any person or group
of persons desiring to use the public right-of-wayas provided in this Division.Applications shall be made on forms
prepared by the City Manager or designee.
3) The City will not issue a permit any earlier than three business days from receipt of the application.
22.17. CONSIDERATION OF APPLICATIONS FOR VENDING:
1) All permits are granted on a first come, first served basis.
2) In the event that two or more applications are received for the same location,the earliest application,
if approved, shall be awarded the location if otherwise qualified and acceptable.
22.18. VENDING PERMIT TERM:
1) A vending cart,sidewalk cafe,newspaper dispensers,and mobile vending vehicle-ice cream permits
may be used for up to one year.
2) A vendor person and sidewalk sales permits no more than five business days.
3) A permit for vending during a special event or celebration shall be limited to no longer than the stated
duration of such event or celebration. Sidewalk cafe and newspaper dispenser permits will remain valid during
special events or celebrations.
4) Permits maybe temporally suspended for a special event or celebration that encompasses the permit
location.
5) The sale,transfer,or assignment of a permit is prohibited.
22.19. RENEWAL. All permits are valid for the entire period as stated in the application,as approved,unless
revoked or suspended prior to expiration. Permittees may renew their permit tomaintain a location based on the
following stipulations:
1) An application for vending cart permit maybe renewed no earlier than 60 days before the expiration
date.
2) Vending cart applicants must file for renewal more than 30 days before the expiration date in order
to maintain seniority.
22.20. REVOCATION OR DENIAL OF A PERMIT
1) The City Manager or designee may revoke or deny a Vending Permit if:
a. It is determined by the Chief of Police or Fire Chief and/or their designees that public
safety requires such revocation or denial.
b. The application is incomplete;
C. The application is determined to be fraudulent,to include a misrepresentation,or
to contain a false statement;
d. The applicant has had a permit revoked by the City for any reason within the
preceding two(2)years;
e. The applicant or permittee has an outstanding arrest warrant in this or any other
jurisdiction,or is a fugitive from this or from any other jurisdiction.
f. The permittee is operating a vending operation in violation of the terms of the
Permit.
g. The permittee's insurance has been canceled.
h. The permittee violates any Requirements or Operating Policies of the Vendor Permit
Administrative Policies.
2) A Vending Permit may be revoked by the City Manager,or designee,at any time,without advanced
notice,for any violation of this ordinance,other City of Ames ordinances,or State or federal laws or to evaluate or
ensure the safety of the community.
22.21. TEMPORARY SUSPENSION
1) A permit may be temporarily suspended,if it is determined by the Chief of Police or Fire Chief and/or
their designees that,by reason of disaster,public calamity,riot,or other emergency,the public safety requires such
suspension. A temporary suspension may also be issued due to any of the items noted in Division III,22.20
2) As stated elsewhere,a temporary suspension may be issued due to a special event or celebration on
public right-of-way.
22.22. CONSTRUCTION RELATED TO THE PUBLIC RIGHT-OF-WAY
1) Permittees may be required to accommodate construction on or adjacent to the public right-of-way,
including construction on private property that requires use of the public right-of-way.Construction on public right-
of-way might also require suspension or revocation of the permit.
22.23. APPEAL PROCESS: Any party aggrieved by the City Manager's or designee's decision to deny,revoke,
or issue a permit may appeal the determination to the City Council if,within twenty(20)working days after the
decision,the party files a written notice of appeal with the City Clerk.In such event,a hearing shall be held by the
City Council no later than its next regularly scheduled meeting,assuming the appeal is filed in time to allow notice
of said appeal in accordance with Chapter 21 of the Iowa Code.Upon such hearing,the City Council may,based
upon the standards enumerated herein,reverse, affirm or modify in any regard the City Manager's or designee's
decision. The City Council's decision is the final decision.
22.24. ADMINISTRATIVE RULES AND REGULATIONS: Separate administrative rules and regulations not
inconsistent with any ordinance will be established by the City Council.A copy of said rules and regulations shall
be on file with the City Clerk.
22.25. DISPLAY OF PERMIT. All permits shall be displayed at all times during the operation of the vending
business.
22.26. FEE. A fee for the permit 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.
22.27. BLANKET VENDING PERMITS AND OTHER EXCEPTIONS TO VENDING ON PUBLIC
RIGHTS OF WAY.
1) Organized business districts'are allowed to apply for a vending permit for the entire district. Blanket
Vending Permits can only be issued in the Downtown Service Center,Campustown Service Center,Village Town
Center Zoning Districts, and any farmers market located in these three organized business districts.
22.28. HEALTH AND SANITATION REQUIREMENTS FOR FOOD AND BEVERAGE VENDING.
Vendors of food and beverages shall comply with the inspection provisions and standards as stated by the Iowa
Department of Inspections and Appeals and all other applicable State of Iowa requirements for health and
sanitation."
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.
Passed this 10`h day of February,2015.
Diane R. Voss,City Clerk Ann H. Campbell,Mayor