(A) In order to sell any products or service to members of the public on or along the streets or the public rights-of-way, or in parks within boundaries of the town during any festival, each person or entity so transacting business must have a vendor’s permit (“permit”), issued for that purpose by the Clerk- Treasurer. A permit issued hereunder to a person or entity may not be sold, assigned or given by the permit holder to any other person or entity. In the event a person or entity to whom a permit was issued by the Clerk-Treasurer attempts to sell, assign, or give the permit to another person or entity shall render the permit void and invalid and shall be subject to the penalties contained in this chapter.
(B) The Clerk-Treasurer shall be responsible for the design and color of the permits. The color of the permits shall be chosen by the Clerk-Treasurer, but shall in no case be:
(1) The same color as the permits issued for the most recent designated festival; nor
(2) The same color as the permits issued for the last occurrence of the same festival, as, for example, the previous year’s New Earth Festival.
(C) Each permit shall bear the name and address of the permit holder and the name and address of the responsible individual if the permit is issued in the name of a group or entity.
(D) The Town Council, in its resolution designating certain dates as a festival, shall fix the cost of a permit.
(E) The permit issued by the Clerk-Treasurer shall be of a prominent color, and displayed in a prominent place, readily visible to members of the public, including law enforcement officers.
(F) (1) Each booth shall have a permit.
(2) For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
BOOTH. The unbroken length, parallel to the adjoining street, of the space allocated to one person or organizations. Should a break exist in the allocated space, either because of an intervening permit holder or the occurrence of a geographic obstacle, such as a street, alley, or other natural or man- made obstacle, then each part of the space shall constitute a BOOTH and a permit shall be required for each part of the space.
(G) In the resolution designating a date or dates of a festival under this chapter, the Town Council may set aside certain of the public ways of the town for the benefit of public agencies of the town, and nonprofit organizations regularly functioning within the town. These locations shall be known as “special areas.” Within these areas no vehicular traffic will be permitted and booths may be established in the paved or traveled portions of the public ways, of the size and number reasonably satisfactory to the organization benefitting from the special area and controlling its spaces. Each booth shall have a permit, as elsewhere within the town.
(H) Outside designated special areas all booths shall be located so that the part of the booth nearest the street or way to which it lies parallel shall be no nearer than six feet from the nearest outer edge of the pavement or from the curb if a curb exists.
(I) Outside of special areas landowners or tenants in possession (“landowners”) may allow the use of that part of their property adjacent to the street for the erection of booths by permit holders. The size of the booths shall be that established to the mutual satisfaction of the landowner and the permittee, but each booth must have a permit. A landowner who rents space to four or more booths shall provide sanitation facilities for the use of persons operating booths upon his or her property. No landowner shall permit the erection of a booth by any person or organization which does not have a valid permit.
(J) No booth may be erected prior to the issuance of a permit.
(Ord. 1991-F, passed 8-17-1991; Am. Ord. 07-03-03, passed 7-22-2003; Am. Ord. 2021-03-02, passed 3-29-2021)