(A) Public property definition. For purposes of this subchapter, PUBLIC PROPERTY includes any real estate owned or leased by the city, including but not limited to streets, alleyways, sidewalks, walking trails, public parking lots, schools, the City Square, City Hall and public parks.
(B) Approval of Building Commissioner. A vendor shall obtain the approval of the Building Commissioner no sooner than 60 days and no later than two business days prior to engaging in remote food sales on or at public property. Such approval may only be granted if the vendor holds a current annual permit with the city. A vendor may seek approval from the Building Commissioner to engage in remote food sales for multiple days and at multiple public property locations within the city. However, no one vendor shall be allowed to monopolize any particular location.
(C) Public property request form. The Building Commissioner is hereby authorized to develop an application form for vendors to request engaging in remote food sales on public property locations.
(D) Maximum number of vendors. The Building Commissioner has the authority to establish, in writing, the number of vendors that may engage in remote food sales at a publicly-owned property venue on any given day, provided that said minimum number must be at least one vendor per venue location. The Building Commissioner may deny public property requests by vendors if said maximum number is exceeded. If the Building Commissioner establishes a maximum number of vendors for a public property venue, the Building Commissioner shall provide those written determinations to the Common Council and to the general public upon request.
(E) Sales on public streets. A vendor that has been approved to engage in remote food sales on a public street shall serve any food and beverages to the public on the side of the remote premises facing the sidewalk or grass. At no time shall a vendor sell their food and beverages to the public on the side of the remote premises facing a thoroughfare for vehicles, unless the thoroughfare is closed.
(F) Sales at public parks. If a vendor is authorized to engage in sales at a public park on a certain day and fails to show up for a good reason other than inclement weather or serious illness, the vendor’s annual permit may be revoked at the Building Commissioner’s discretion. A vendor may only engage in remote food sales at a public park while the park is open to the public.
(G) Hours of operation. No remote food sales on properties owned by the city may occur before 8:00 a.m. or after 9:00 p.m. Remote food sales on commercial or residential properties may occur at other times as well.
(H) Overnight parking. A vendor shall not park or store their vehicle overnight on public property without written approval of the city’s Board of Public Works and Safety (“BPW”). This provision applies even if the vendor is scheduled to engage in remote food sales on that public property venue on the next day.
(Ord. 2020-OR-09, passed 5-4-2020) Penalty, see § 110.99