A. Location: No licensee hereunder shall have any exclusive right to any location in a public street, nor shall he/she be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a public safety officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. Mobile vendors shall not remain within any three hundred (300) square foot area for more than two (2) consecutive hours within any twenty four (24) hour period within a Residentially zoned area and no more than four (4) consecutive hours within a Commercially zoned area on a publicly owned street. Mobile vendors seeking to locate on private/open to the public property shall comply with subsection F of this section. This license does not preclude the issuance of other permits by the Parks Department in public parks, for special events or the granting of permission to sell and/or operate on private property by its owners.
B. Hours Of Operation: Vendors, canvassers, solicitors shall be allowed to engage in their licensed business only between nine o'clock (9:00) A.M. and sunset. All vending stands, carts or vehicles must be removed from public property during nonvending hours. For special events, the City may make an exception to the usual hours of operation.
C. Removal Of Trash: All trash or debris accumulating within twenty feet (20') of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.
D. Prohibited Areas: Any duly authorized public safety officer shall prohibit vendors from selling on specified public ways if he determines such prohibitions are necessary for the protection of public health and safety. Vendor carts, stands, and motor vehicles are prohibited within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire station, police station, school zone or hospital.
E. Nonmobile Food Concession: One nonmobile food concession vendor will be allowed per Municipal park at the discretion of the City Council. Procedures for vendor selection shall be adopted via resolution and kept on file for review at the City Clerk's Office. (Ord. 791, 4-24-2018, eff. 6-1-2018)
F. Planning And Zoning Approval: All vendors and temporary merchants must receive written approval from the Eagle Zoning Administrator for the proposed site, design and signage pursuant to the conditions herein. After being licensed for two (2) consecutive years and having made no modification to their site location and/or design criteria, this requirement may be waived. For the purposes of this section and in conformance with the terms "vendor" and "temporary merchant" as defined in section 3-4-2 of this chapter, a stand, cart, mobile food concession, or nonmobile food concession includes, but is not limited to, vehicles, canopies, display racks, and items placed on the ground. (Ord. 808, 3-12-2019)
1. Zoning Permit Required: Written approval by the Eagle Zoning Administrator shall be required upon finding that a vendor or temporary merchant:
a. Does not operate on any private property that contains a structure (use) that is dilapidated. Operation on a premises that detrimentally impacts the surrounding neighborhood due to dilapidation, deterioration, decay, abandonment or unfinished construction and which renders the enjoyment of the property essentially uncomfortable or inconvenient to the neighborhood shall be prohibited. Parcels and uses in combination that are not dilapidated but which are considered nonconforming may be eligible for siting provided that the stand, mobile food concession, or nonmobile food concession does not expand the land area of the parcel or is situated in a manner that expands the nonconformity of the site.
b. Will not operate in such a manner as to reduce the amount of parking spaces below the minimum required for the principal use upon which the vendor or temporary merchant operation is proposed.
2. Additional Criteria: In addition, the following criteria shall apply to all vendors and temporary merchants:
a. A stand, cart, mobile food concession, or nonmobile food concession must be designed and built meeting normal building industry standards, used in a safe manner, and meet all requirements of the Central District Health Department as may be necessary. (Ord. 791, 4-24-2018, eff. 6-1-2018)
b. A stand, cart, or nonmobile food concession shall not exceed sixty four (64) gross square feet in size and no more than twelve feet (12') in height. (Ord. 808, 3-12-2019)
c. Support equipment and accessories, other than a generator, must not extend more than two feet (2') from the edge of the stand, cart, mobile food concession, or nonmobile food concession in any direction and shall not be placed so as to impede pedestrian or vehicle traffic. Canopies or other covers, whether stand alone or used on a stand, cart, mobile food concession, or nonmobile food concession, must be securely fastened. Such covers shall have a minimum vertical clearance of eight feet (8') and must not extend more than four feet (4') from the edge of the stand, mobile food concession, or nonmobile food concession in any direction.
d. A stand, cart, mobile food concession, or nonmobile food concession shall maintain a clear pedestrian passage on the public sidewalk of no less than five feet (5') wide; shall not block any vehicle travelway; shall not be positioned within a driveway or within ten feet (10') of either side of the driveway; shall not be positioned within a doorway or within five feet (5') of either side of the doorway; nor in a manner that impedes movement or visually obstructs pedestrians and vehicles using the public rights-of-way.
e. Stands, carts, mobile food concessions, and nonmobile food concessions shall not be locked or chained to a tree, streetlight, or other street furnishings.
f. Stands, carts, and nonmobile food concessions shall be designed to be aesthetically pleasing, generally in compliance with the requirements prescribed in title 8, chapter 2, article A of this Code, and maintained to have a neat and clean appearance at all times. Mobile food concessions are exempt from the design requirements in title 8, chapter 2, article A of this Code.
g. Stands, carts, and nonmobile food concessions may be permitted to have one table provided it is contained within a ten foot (10') radius of the main service window. The table and any permitted accessories shall be stored either within the stand, cart, or nonmobile food concession or off site during nonbusiness hours.
h. Overhead utility service connections are not permitted. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk, in a vehicle travelway or parking lot, or within any landscaping. City streetlight facilities shall not be used in any way to supply electrical service to a vendor site.
i. Vendors must provide trash receptacles and waste removal adjacent to or as a part of their operations. All spilled food, beverages, grease, or other trash or debris resulting from the operation of any stand, cart, mobile food concession, or nonmobile food concession shall be cleaned and collected by the vendor and deposited in the vendor's trash receptacle. The vendor is prohibited from depositing waste, ice, and any gray or waste water into sidewalk waste receptacles, privately owned dumpsters, City planters, parking lot drains or the street drainage system.
j. Stands, carts, mobile food concessions, and nonmobile food concessions shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any ground where the cart, trailer, or vehicle is located. The stand, mobile food concession, or nonmobile food concession owner shall be responsible for the cleaning and repair of any ground soiled, stained, or damaged by the placement and operation of their business.
3. Fireworks Stands Exempt: Fireworks stands are exempt from the provisions of this subsection. Vendors remain subject to the conditions of this title and those controls set forth in Idaho Code title 39, chapter 26 regulating fireworks stands.
G. Signage: Each stand, cart, mobile food concession and/or nonmobile food concession is allowed the following signage: 1) one portable feather flag; 2) one portable-sign; and 3) signage affixed to the structure (stand, cart or vehicle) which denotes the business name. Additional signage is not allowed. Should a conflict exist between this subsection and section 8-2A-8 of this Code or other sections of this Code, the regulations in this section shall prevail. (Ord. 791, 4-24-2018, eff. 6-1-2018)