(a) Application. The application for the permit required by division (a) of Section 675.04 shall be made to the Commissioner. The application shall contain the following:
(1) The vendor’s name, address and vendor’s license number;
(2) The name and address of the owner of the private property upon which the vendor intends to vend;
(3) If the vendor is the owner of the private property, documentation of the vendor’s ownership, and if the vendor is not the owner of the private property, documentation, signed by the property owner, of the vendor’s right to vend on the property;
(4) The address of the private property on which the vendor intends to vend;
(5) A statement of the duration of the proposed vending activity and whether the applicant is seeking an annual permit or a short-term permit;
(6) A description of the vending device, if any, from which the vendor intends to vend, including its size and the distance from the vending device to public sidewalks, parking lots, driveways and other areas used or usable for vehicular travel or parking;
(7) A description of proposed trash storage and waste disposal methods, and a description of any electrical and water connections and any fuels or electrical generators to be used on the premises;
(8) Unless the application is for a short-term vendor permit, a certification that the location of the vending device will meet all building setback requirements of the Zoning Code and will not interfere with the safe movement of vehicles or pedestrians on the subject property; and
(9) Unless the application is for a short-term vending permit, if the applicant proposes to vend on a property located in a Design Review District or a Landmark District, the applicant shall also submit color photographs showing all sides of the vending device, if any, and a scaled drawing showing all proposed signs and decorative elements, including their placement, material, and color.
(b) Council Notification. On receipt of a permit application, the Commissioner shall notify the Council member in whose ward the proposed permit location lies that the application has been received.
(c) Location of Vending Devices. No person shall locate a vending device on private property so as to violate building setback requirements of the Zoning code or so as to interfere with the safe movement of vehicles or pedestrians on the subject property.
(d) Building and Housing Referral. The Commissioner shall refer all permit applications to the Director of Building and Housing for review and approval. As part of the review, the Director of Building and Housing shall determine whether or not the property on which the proposed vending is to be conducted is in a Design Review District, or a Landmark District, and shall report that determination to the Commissioner of Assessments and Licenses. The Director of Building and Housing shall not approve the application unless he or she finds that no provisions of the City’s Building Code or Zoning Code will be violated by issuance of the permit, including without limitation, the following:
(1) Set back requirements;
(2) Use restrictions;
(3) If the vendor intends to operate from a “structure” within the meaning of the Building Code, those provisions of the Building Code applicable to “structures”; and
(4) If the vendor intends to operate from private property that is a parking lot, those portions of the Zoning Code that require that a specified number of parking spaces be available for the use of particular business.
(e) Design Review. If the vendor proposes to operate on a property which is located in a Design Review District, the Commissioner of Assessments and Licenses shall refer the permit application to the City Planning Commission for design review and approval. In the case of a property located in a Landmark District, the referral shall be made to the Landmarks Commission. Design review shall not be required if the vendor is proposing to vend under a short-term vending permit.
(1) In reviewing the application, the City Planning Commission or Landmarks Commission, as applicable, shall determine the appropriateness of any vending devices proposed to be used with respect to the following factors:
A. Physical condition and state of repair;
B. Compatibility with nearby structures in terms of color, placement, heights, and general design;
C. Obstructions to or conflicts with vehicular or pedestrian traffic;
D. Availability of electrical connections, and procedures for garbage and waste disposal; and
E. Impacts on scenic views.
(2) The Director of the City Planning Commission or Secretary of the Landmarks Commission shall transmit the Commission’s determination to the Commissioner of Assessments and Licenses within thirty (30) days of the referral of the application unless the Commission conducting the review has granted the applicant an extension in order to allow for submission of additional materials or revisions. The Commissions may seek advice from any designated local design review advisory committee.
(f) Short-Term Permits. If the vending activity is proposed to be conducted for a period of seven (7) days or less, the Commissioner may issue a short-term vending permit, except that if any person or persons have obtained a short-term vending permit for a particular location on four (4) prior occasions in a given permit year, which shall commence August 1 and end July 31 of the following year, then no person shall be issued a fifth or subsequent short-term vending permit for the same location in that permit year. As used in this division, a “particular location” shall mean a property or group of contiguous or noncontiguous properties, whether or not under common ownership, which are under a common street address, both as to house or building number and street name.
(g) Permit Issuance and Fee. On receipt of a completed application approved by the Director of Building and Housing and approved, if required, by the City Planning Commission or the Landmarks Commission, and on receipt of the applicable permit fee established by this division, the Commissioner of Assessments and Licenses shall issue a permit which shall cover either a period of seven (7) days or a period of one (1) year, commencing August 1 and ending July 31 of the following year. The fee shall be seventy five dollars ($75.00) for a seven (7) day permit and three hundred seventy five dollars ($375.00) for a one (1) year permit.
(h) Display of Permit. The permit shall be kept on the vending device, truck, or structure at all times during which the vendor is engaged in vending, and shall contain the following information:
(1) The vendor’s name and address;
(2) The address of the private property on which the vendor is authorized to vend;
(3) The name and address of the owner of the private property;
(4) A description of the vending device, truck, or temporary structure, if any, from which vending is authorized including its size; and
(5) The permit number and permit expiration date.
(i) “Vending Device” Defined. As used in this section, “vending device” has the same meaning as in Section 675.01, and shall also include temporary structures, trailers, and other vehicles, carts, stands, and other devices from which vending can be conducted, or which can be used to display goods.
(Ord. No. 210-11. Passed 4-25-11, eff. 4-25-11)