Section
111.01 Definitions
111.02 Applicability; special events
111.03 Street vending allowed in limited locations and only with a permit
111.04 Certain merchandise prohibited
111.05 Vendor site locations, rules and assignment
111.06 Permit process
111.07 Permits must be visible
111.08 Prohibited conduct
111.09 Enforcement
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT MERCHANT. A person, other than a merchant with an established retail store in the county, who transports an inventory of goods to a building, vacant lot, or other location in a county and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.
MERCHANDISE. Goods, including fresh cut flowers, balloons, food, and any other wares offered for sale or donations.
PEDDLER. A person who travels from place to place with an inventory of goods, who sells the goods at retail or offers the goods for sale at retail, and who delivers the identical goods.
PERSON. An individual, a firm, an association, a partnership, a limited liability company, a corporation, a unit of government, or another group acting as a unit.
SPECIAL EVENT. A town-sponsored or town-sanctioned market, festival, activity, or similar event.
STREET VENDOR. A person who hawks, peddles, sells or offers food or merchandise, and includes both itinerant merchants and peddlers. Musicians (buskers)/performers are not STREET VENDORS within the meaning of this chapter and are not intended to be regulated under this chapter.
VENDING STAND. A stand, mobile cart, pushcart, wagon, or vehicle used or intended to be used for displaying, transporting or storing articles offered for sale by a vendor. For purposes of this chapter, VENDING STANDS do not include mobile food units (i.e., "food trucks") and this chapter is not intended to apply to or regulate lawfully operating mobile food units.
(Ord. passed 7-12-2023)
(A) This chapter applies only within the area of the downtown Municipal Services District ("MSD"), which is referred to hereinafter as the "downtown area."
(B) This chapter is intended to regulate conduct on town-owned public property and town-maintained public rights-of-way in the downtown area, including all streets and sidewalks maintained by the town (and regardless of whether or not such public rights of way are within the boundaries of private parcels). This chapter is not intended to regulate private property that is not subject to public rights-of-ways, such as private parking lots.
(C) When special events are held in the downtown area, the Town Manager (or designee) may, in the town manager's discretion, determine that street vending shall not be allowed under this chapter but instead will be prohibited or will be allowed only as permitted by the sponsor(s) of the special event. SPECIAL EVENTS for purposes of this provision shall include all town-sponsored parades, Boone Boo, Boonerang, and any other event determined by the Town Manager to constitute a special event for purposes of this section.
(Ord. passed 7-12-2023)
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