A. Mobile Vendors: The requirements for mobile vendors in City Plaza are identical to those for mobile vendors as provided in section 10-3-5 of this title.
B. Ambulatory Vendors:
1. Application For Permit:
a. Filing Application:
(1) An application for an ambulatory vendor permit shall be filed with the City Manager or designee by any person or group of persons desiring to use the public right-of-way as provided in this chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the ambulatory vending operation.
(2) All applications must be received at least five (5) working days before the proposed start of operations.
(3) Applications shall be made on forms prepared by the City Manager or designee.
b. Application Form: The application form shall contain the following information:
(1) Name, address, and telephone number of the applicant.
(2) An acknowledgment to be signed by a natural person that he or she has the authority to act on behalf of the ambulatory vending operation.
(3) List of past permits issued.
(4) Product to be sold.
(5) Hours of operation.
(6) Months of operation.
(7) An agreement in which the applicant shall agree to pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from use of public property and the public right-of-way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right-of-way.
(8) Acknowledgment that the applicant has contacted the Johnson County Health Department and has reviewed Health Code requirements.
(9) Fee.
(10) Insurance is required in a reasonable amount necessary to minimize risk of harm to persons or property based on the nature and size of the event, as determined by the city's risk manager. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance.
(11) Any other information that the city manager or designee finds necessary.
2. Issuance Or Denial Of Permit:
a. Standards: The city manager or designee shall grant or deny the application for the ambulatory vendor permit within a reasonable time, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefor no later than sixty (60) working days of the application being filed. The length of time which is reasonable shall be determined by the type of use requested, the information supplied, the time the application is filed, and the extent of advance preparation and planning demonstrated and reasonably required. The city manager or designee shall issue an ambulatory vendor permit if the following conditions have been or will be met:
(1) The application is received at least five (5) working days before the proposed start of operations.
(2) The applicant will operate without the use of a mobile vending cart and with a minimum of equipment.
(3) The applicant's proposed mode of operation will not impede the free flow of pedestrian traffic along the City Plaza right of way, nor shall it interfere with such pedestrian movement into or out of retail establishments fronting on the plaza 1 .
(4) The applicant will conduct the vending completely within the boundaries of City Plaza.
(5) The applicant has obtained all necessary permits required by the county department of health.
(6) All applicable fees have been paid in full.
(7) The application is fully completed and executed.
(8) The indemnification agreement has been signed.
(9) A certificate of insurance showing compliance with this section has been provided.
(10) The application contains no material falsehood or misrepresentation.
(11) The applicant is legally competent to contract and to sue and be sued.
(12) The applicant has not damaged city property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the city.
(13) The applicant has complied with applicable laws concerning the sale or offering for sale of any goods or services.
(14) Such other information that the city manager or designee finds necessary for the enforcement of this chapter.
b. Contents And Conditions Of Permit: The permit shall contain the following information:
(1) Name, telephone number, and address of permittee.
(2) Time, date and place of the permitted activity.
(3) Such other information that the city manager or designee finds necessary for the enforcement of this chapter.
3. Appeals:
a. Any party aggrieved by the city manager's or designee's decision to issue or deny a permit under this chapter may appeal the determination to the city council if, within ten (10) working days after the decision, the party files a written notice of appeal with the city clerk. In such event, a hearing shall be held by the city council no later than at its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with chapter 21 of the Iowa Code.
b. Upon such hearing, the city council may, based upon the standards enumerated herein, reverse, affirm or modify in any regard the city manager's or designee's decision. The city council's decision is the final decision.
4. Prohibited: The sale, transfer, or assignment of an ambulatory vendor permit for City Plaza is expressly prohibited.
5. Revocation Of Permit:
a. The city manager or designee, or city council if issued following an appeal, is authorized to revoke an ambulatory vendor permit issued under this chapter whenever:
(1) The permit has failed to comply with any provisions of this chapter;
(2) The permitted activity creates an obstruction to pedestrian use of the City Plaza or a nuisance or violates of any statute, law, rule or regulation involving the permitted event;
(3) It is necessary to protect health or safety as determined by the police chief or designee or fire chief or designee;
(4) The permittee has misstated any material fact in the application;
(5) There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred;
(6) The permittee is operating in violation of the terms and conditions of the permit; or
(7) The permittee's insurance has been canceled.
b. A permittee may appeal the revocation in the same manner as appealing the issuance or denial of a permit.
6. Fees: Fees for ambulatory vendor permits shall be set by resolution of the city council.
C. Permanent And Temporary Structures: The city manager or designee, upon approval of city council, may enter into an agreement for the sale or lease of public right of way in the City Plaza for the construction of an addition to an existing storefront or for the temporary or seasonal use of zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following conditions have been or will be met:
1. Building Design:
a. Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza.
b. Materials shall be suitable for the style and design of buildings in which they are used.
c. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways.
d. Selection of materials shall be guided by the following:
(1) Harmony with adjoining buildings.
(2) Relationship to the brick and wood theme of City Plaza.
(3) Materials shall be of durable quality.
e. Building components, such as windows, doors, eaves and parapets, shall have good proportions and relationship to one another.
f. Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza.
g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building or shall be located so as not to be visible from any public ways.
h. Exterior lighting shall be part of the architectural concept. Fixtures, standards and all exposed accessories shall be harmonious with building design.
2. Signs:
a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings.
b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza.
c. Every sign shall express, in scale and in proportion, an appropriate visual relationship to buildings and surroundings.
d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoided. Lighting shall be harmonious with the design. If external spotlighting is used, it shall be arranged so that the light source is shielded from view.
3. Additional Criteria:
a. The design review committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this chapter. Such criteria shall become effective when adopted by the city council by resolution.
b. No building permit for the construction of any temporary structure or any building extension to be constructed pursuant to this chapter shall be issued until plans for said construction have been reviewed by the design review committee and approved by the city council. The design review committee shall, within thirty (30) calendar days of receipt of said plans, review the plans and advise approval, approval with conditions or disapproval in a written report forwarded to the city council and the applicant. City council approval of the plans shall require a majority of votes cast at any meeting at which a quorum is present.
4. Illumination: Nighttime interior illumination of all building fronts and basement extensions, display window extensions and basement stairwells is required during hours of operation.
5. Construction Costs: All costs of construction are to be paid by the permittee, including costs of damage or repair to the City Plaza caused by the construction. (Ord. 04-4125, 5-4-2004)
D. Information Tables: The city manager or designee is authorized to grant a permit for the placement of an information table in City Plaza subject to the following conditions: (Ord. 11-4435, 6-21-2011)
1. The location shall be determined by the city manager or designee. (Ord. 13-4515, 1-22-2013)
2. The size of the table shall not exceed three feet by three feet (3' x 3').
3. Soliciting as defined in section 8-5-2 of this code is prohibited.
4. The purpose of the table is limited to providing noncommercial information to the general public. Information containing commercial and noncommercial information is allowed if the commercial information is characteristically intertwined with noncommercial information. "Noncommercial information" is information that is of public concern or that conveys political, social, religious, or philosophical messages. "Commercial information" is information proposing the exchange of goods or services for money or other consideration.
5. Commercial activity is prohibited.
6. Goods or services cannot be provided or demonstrated. Collection of signatures incident to provision of information, including, but not limited to, gathering signatures for a petition or registering persons to vote, shall not be considered a service.
7. The city manager or designee shall grant the permit if the applicant has fully completed the application. If the permit is denied, the city manager or designee shall state the reasons therefor within three (3) working days of the application being filed.
8. The city manager or designee, or the city council if issued following an appeal, may revoke a permit if:
a. It is determined that the permittee has misstated any material fact in the application;
b. There is a substantial and material variance between the information in the application and the actual facts or those facts which appear reasonably to have occurred; or
c. The permittee is operating in violation of the terms and conditions of the permit or local, state, or federal law.
9. The process for appeals of a denial or revocation of the permit shall be the same as for a parade/public assembly permit. (Ord. 11-4435, 6-21-2011)
Notes
| 1 | 1. See also subsection 6-1-2M of this code. |