A. It is unlawful for any vendor to engage in business or employ another in such business in public space without first receiving a permit in accordance with this Chapter.
B. Individuals requesting a public space vendor permit must also obtain a business license prior to commencing operations.
C. Only permittees selling food, non-alcoholic beverages, or art and crafts, and other similar items commonly found at farmers markets may be permitted.
D. Hours of operations may not be before 8 AM nor after % hour after sunset, unless located in a commercially zoned area.
E. Vehicles, trailers, carts and any other support components of the operation must be removed from the approved site daily unless located at a site deemed by the Review Committee appropriate for a longer-term operation.
F. Vendors must supply their own power, water, and gray water collections systems applicable to their operation. If a generator is proposed, the applicant shall submit the make, model, loudness in decibels, and expected frequency of use as part of the application materials. Gasoline generators are prohibited within fifty feet (50') of residential zones or primary residential structures.
G. Permittees must always keep the site clean.
H. The permittee is responsible for providing trash collection containers to their customers and for removing trash associated with the business at the end of daily operations.
L. Permittees must demonstrate compliance with food safety and handling regulations of Southeastern Idaho Public Health prior to commencing operations.
J. If a cooking or heating appliance is used, a handheld fire extinguisher approved by the City Fire Department is required.
K. Unless cooking in a fully enclosed vehicle or structure with a floor, grease mats shall be used. No dumping of oil, grease, or other foods are permitted at city facilities.
L. Tents, canopies, and similar types of temporary structures shall not be staked into the ground but shall instead be required to use weights. Such structures shall not be left overnight without express permission of the Review Committee.
M. Permittees shall be responsible for any cleaning and/or repair of any public space, soiled, damaged, or stained by the placement and operation of the permittee.
N. Unsecured menu boards or sidewalk signs are prohibited.
O. Permittees, including their customers, shall not block nor impede traffic. For purposes of this requirement, “traffic” shall mean vehicle, bicycle, and pedestrian.
P. Vendor vehicles in the right-of-way must be parked at all times in a legal manner. Vending operations shall be conducted only to pedestrians and no service shall be made from the street side of the vehicles.
Q. To differentiate between vending trailers or vehicles that are merely legally parked on the street from those that are actively engaged in vending operations, any street vending cart, trailer or vehicle must place an “open for business” sign on the cart, trailer or vehicle in a conspicuous manner when the vending operations are open for business. This sign must be taken down when vending operations have ceased.
R. Vendor must maintain, and specifically agree that it will maintain, throughout the term of the permit. Commercial General Liability Insurance, Workers’ Compensation Insurance, and Employers’ Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Chubbuck, naming the City as an additional insured on the liability policies. Vendor will agree to hold the City of Chubbuck harmless for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by the vendor, its servants, agents, employees, guests, and business invitees, or by the failure of equipment provided by the vendor. The vendor will agree that the limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless the City; and if the City becomes liable for an amount in excess of insurance limits, the vendor will covenant and agree to indemnify and save and hold harmless the City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. The following are required to be held during the term of the permit:
1. Commercial General Liability Insurance in the following amounts:
a. General Aggregate: $ 1,000,000;
b. Product/Completed Operations Aggregate: $1,000,000;
c. Personal & Advertising Injury Liability: $500,000;
d. Per Occurrence: $500,000;
e. Fire Liability: $50,000.
2. Workers’ Compensation Insurance shall be provided regardless of the number of employees or lack thereof in the statutory limits as required by the State of Idaho.
3. Employers’ Liability Insurance in the following amounts:
a. Bodily Injury by Accident: $100,000 each accident;
b. Bodily Injury by Disease: $500,000 policy limit;
c. Bodily Injury by Disease: $100,000 each employee. (Ord. 841, 2022)