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Any person claiming to be legally exempt from the regulations set forth in this subchapter, or from the payment of a permit fee, shall cite to the City Manager the statute or other legal authority under which exemption is claimed and shall present to the City Manager proof of qualification for such exemption.
(1984 Code, § 111.077) (Ord. O-21-04, passed 3-30-2004)
ITINERANT MERCHANTS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT VENDORS. All persons who engage in or conduct a temporary or transient business in the city for selling goods, wares and merchandise, with the intention of continuing in that business in the city for a period of not more than 120 days within a 12-month period.
TELEPHONE SOLICITORS. All persons whose primary occupation is to engage in the practice or business of soliciting customers or contributions by telephone within the city, with the intention of continuing in that business in the city for a period of not more than 120 days within a 12-month period.
(1984 Code, § 111.140) (Ord. O-75-81, passed 9-22-1981; Ord. O-44-82, passed 7-20-1982)
(A) (1) No person shall engage in the business or trade of itinerant vendor or telephone solicitor without having first obtained a license from the Finance Department pursuant to the city’s occupational license tax ordinance, and further posting a surety bond of $250 per employee or depositing cash with the Finance Department in the amount of $250 per employee.
(2) The bond or deposit shall be held to assure the annual filing of tax returns with the city.
(B) If the tax return is not filed, or if the occupational taxes are not paid, then the Finance Department is authorized to apply the amount of cash or deposit toward the estimated tax due or to proceed against the surety for the amount of estimated tax due.
(C) After all taxes have been paid, the Finance Department is authorized to refund all amounts held or to release the surety on the bond.
(1984 Code, § 111.141) (Ord. O-75-81, passed 9-22-1981; Ord. O-44-82, passed 7-20-1982) Penalty, see § 114.99
VENDING CART SALES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
GOODS. Previously prepared food or non- alcoholic beverages including hot dogs, pretzels and similar food items, but not including fruits and vegetables or raw or unprocessed food products such as fish or poultry.
PASSAGEWAY. An unobstructed pedestrian walkway measured from the closest portion of the vending cart to any building, property line, public amenity or fixture or curb line of the street.
VENDING CART.
(1) A two or four wheeled vehicle designed to carry goods permitted under this subchapter. Such vehicles shall not be propelled through the use of a motor or motor vehicle; and
(2) The dimensions of such vehicles shall not exceed the following: six feet in length; four feet wide; and seven feet high. Umbrellas shall be six feet in diameter.
VENDOR. Any person engaged in selling goods for immediate delivery upon purchase and operating exclusively from public space.
(1984 Code, § 111.500) (Ord. O-76-88, passed 9-13-1988)
(A) Licensed vendors shall be permitted to operate within the GC, CBD or PO Zoning Districts within the following area: beginning at the intersection of Second and Washington Streets, then proceeding east on Second Street to Court Street, then south on Court Street to Third Street, then east on Third Street to Greenup Street, then south on Greenup Street to a point 200 feet south of Fourth Street, then west 200 feet to an alley, then south along the alley to Fifth Street, then west along Fifth Street to Scott Boulevard, then south on Scott Boulevard 120 feet to a point, then west 200 feet to an alley, then south along the alley to Sixth Street, then east along Sixth Street 260 feet to an alley, then south along the alley to Seventh Street, then east along Seventh Street 80 feet to an alley, then south along the alley to Eighth Street, then west along Eighth Street to the east right-of-way of the CSX Railroad overpass, then northwest along the overpass 780 feet to a point, then east to Russell Street, then north on Russell Street 40 feet to an alley, then east along the alley 300 feet to a point, then north 120 feet to Sixth Street, then east along Sixth Street 40 feet to a point, then north 140 feet to a point, then east 100 feet to an alley, then north along the alley to Fifth Street, then east along Fifth Street 200 feet to an alley, then north along the alley to Fourth Street, then east on Fourth Street to Madison Avenue, then north along Madison Avenue 680 feet to an alley, then west along the alley to Washington Street, then north on Washington Street to Second Street and the point of beginning. Where streets form the boundaries of the area, both sides of the street shall be included in the area.
(B) Within the area described, vendors shall be permitted to operate, subject to the following restrictions:
(1) Only on sidewalks not less than ten feet in width;
(2) A minimum six-foot wide pedestrian passageway shall be maintained;
(3) Shall not be located within the length of any bus stop;
(4) Shall not be located closer than five feet from any building entrance, display window, driveway or fire hydrant;
(5) Shall not be located within any marked loading zone;
(6) Shall not be located within ten feet of the approach side of a crosswalk at any intersection;
(7) Shall not be located within 200 feet (as measured along block faces) of any other vending cart;
(8) Shall not be located within any residential zoning district; and
(9) Shall not be located within 100 feet of any existing restaurant; except that, existing restaurants are permitted to operate within 100 feet of their restaurant; provided, they are in compliance with all other provisions of this subchapter.
(1984 Code, § 111.501) (Ord. O-76-88, passed 9-13-1988)
(A) No more than nine permits for vending cart operation shall be issued in any calendar year. Each permit shall apply only to one vending location. All applications shall designate a specific address and/or a distance measurement from the intersection of two streets including which side of the street (north, south, east, west) the vending cart is to be located. Permits shall be issued on a first come, first served basis and shall be renewed annually.
(B) Locations shall be selected from the following list of available sites or from other sites which are certified by the Zoning Administrator to meet all requirements of this subchapter. The addresses listed indicate approximate positions and all vending carts must be placed in compliance with the location restrictions.
21 West Seventh Street (near the street) |
622 Madison Avenue |
518 Madison Avenue |
372 Madison Avenue |
318 Madison Avenue |
301-311 Scott Boulevard |
330 Court Street |
425 Scott Boulevard |
434 Scott Boulevard (this is an alternate site; 425 Scott Boulevard or 434 Scott Boulevard can be used, but not both) |
505 Scott Boulevard |
(C) (1) If necessary, the City Manager may establish a lottery for designating locations in each succeeding year following the adoption of this subchapter. Each currently licensed vendor must submit one application for the drawing. A maximum of three applications may be submitted by any person, firm or corporation desiring multiple locations. All applications for the drawing must be submitted at least 30 days prior to the annual renewal date of the license.
(2) All applicants must be present on the assigned date for the drawing to choose their location. The vendor whose application is drawn first shall select a specified location and the drawing shall continue until the number of permits available or applications are exhausted. Each applicant shall have a maximum of two minutes to select a location.
(1984 Code, § 111.502) (Ord. O-76-88, passed 9-13-1988; Ord. O-87-88, passed 11-15-1988)
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