(a) A produce stand on the public way program ("program") is hereby created as provided in this section.
(b) The following definitions shall apply for purposes of this section:
(1) "Area underserved by grocery stores" has the meaning ascribed to that term in Section 4-8-010 of this Code.
(2) "Commissioner" means the commissioner of business affairs and consumer protection.
(3) "Department" means the department of business affairs and consumer protection.
(4) "Produce" has the meaning ascribed to that term in Section 4-8-010 of this Code.
(5) "Produce stand" has the meaning ascribed to that term in Section 4-8-010 of this Code.
(c) It shall be unlawful for any person to erect or operate any produce stand on the public way without first obtaining a public way use permit from the department as provided herein.
(d) (1) The commissioner is authorized to issue a public way use permit for operating a produce stand at locations designated pursuant to subsection (d)(2) of this section.
(2) The commissioner of planning and development, in consultation with the commissioner of business affairs and consumer protection and the commissioner of transportation, is authorized to designate by rule up to 50 locations in the city where public way use permits may be issued for operating produce stands. In designating such locations the commissioner of planning and development shall consider such factors, as determined by rule, that would help to determine appropriate locations for operating produce stands on the public way, including, but not limited to, any one or more of the following:
(i) the proximity of the location to public transit stations;
(ii) the amount of pedestrian traffic in the location; or
(iii) the proximity of the location to an area underserved by grocery stores, or the existence of the location in an area underserved by grocery stores.
(3) If the commissioner determines that there are more qualified applicants for a public way use permit to operate a produce stand on the public way than the maximum number of available public way locations specified in this subsection, the commissioner shall conduct a lottery or other neutral process for allocating permits among qualified applicants as set forth by rules promulgated by the commissioner. No applicant may possess more than 15 permits at one time.
(e) An application for a public way use permit for a produce stand shall be made to the department and shall include the following:
(i) the name and address of the applicant:
(ii) verification that the applicant is licensed as a mobile food vendor to engage in a produce merchant business or has applied for such license;
(iii) the location or proposed location of such produce stand;
(iv) the types of produce that will be sold from the stand;
(v) the days and times the stand will be operating;
(vi) a statement verifying that the applicant will conduct at least 33 percent of his produce merchant business within areas underserved by grocery stores, as defined in Section 4-8-010 of this Code;
(vii) a statement that such permit will be accepted subject to the conditions and provisions thereof and subject to the conditions and provisions of all laws and ordinances affecting the maintenance of such produce stand now or hereafter in effect; and
(viii) any other information or supporting material required by the commissioner that is reasonably necessary to determine compliance with this Code and all applicable rules and regulations, including plans, drawings and photographs of the applicant's proposed produce stand.
(f) The commissioner shall forward a copy of an application for a public way use permit for a produce stand to the commissioner of transportation and the commissioner of planning and development within three business days after receipt of the application. The commissioner shall not issue a public way use permit for a produce stand unless the commissioner of transportation and the commissioner of planning and development approve the application. In addition, the issuance of a public way use permit for the operation of a produce stand shall be dependent on the issuance of a valid mobile food vendor license to engage in a produce merchant business.
(g) The commissioner shall deny or revoke a public way use permit for operating a produce stand if: (i) the granting of the public way use is not in the best interest of the public, would have a deleterious impact on the neighborhood, or would create a nuisance either on the public way or in the surrounding area; (ii) the design of, or materials used in, the public way use does not comport with the quality or character of the existing streetscape; (iii) the use interferes with or impedes the flow of pedestrian or vehicular traffic, or ingress or egress from any surrounding building, the use of any pole, traffic signs or signals, hydrants, mailboxes or other objects located near the location of the proposed use; or (iv) the applicant makes any false statements, submits any false information or misrepresents any information required under this section.
(h) A public way use permit for operating a produce stand shall be issued for a one year period from the time of its issuance. The fee for each public way use permit to operate a produce stand shall be $75.00 per year, and the fee shall not be prorated.
(i) A public way use permit for operating a produce stand shall be subject to all of the following requirements:
(1) The permit shall be valid only to the person to whom it was issued.
(2) As a condition of the permit, the permittee shall keep all information current. Any change in required information shall be reported to the department within 30 days after the change.
(3) As a condition of the permit, the commissioner may enter into a written agreement with the permittee pertaining to the use of the public way for operating a produce stand.
(4) The issuance of the permit shall be subject to the requirements of Section 10-28-015(e) of this Code.
(j) In addition to all the requirements applicable to a produce merchant, the following requirements shall apply to operating a produce stand on the public way:
(1) All produce stands located on the public way must leave six feet of public way unobstructed for pedestrian passage.
(2) Any produce stand operating on the public way shall not be greater than 6.5 feet long, 3.5 feet wide, and 8 feet high.
(k) The commissioner shall have power to adopt rules as may be necessary or useful for the proper administration and enforcement of this program, including rules pertaining to the maintenance and appearance of produce stands on the public way.
(l) Advertisements may be displayed on produce stands operating on the public way as provided by rules and regulations adopted by the commissioner.
(Added Coun. J. 6-6-12, p. 28654, § 3; Amend Coun. J. 7-25-12, p. 31326, § 3; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 21, and Art. II, § 4; Amend Coun. J. 11-19-14, p. 98037, § 19; Amend Coun. J. 12-9-15, p. 15481, § 6; Amend Coun. J. 7-20-16, p. 28718, § 5)
Editor's note – Coun. J. 1-13-10, p. 83228, § 1, repealed a former § 10-28-060, which pertained to barber poles and temporary signs.