(a) Transient Merchant Requirements.
(1) Transient merchants must operate on a temporary basis, not to exceed six (6) months of continual occupancy at a fixed location.
(2) Transient merchants must be licensed in accordance with the rules and regulations of any local, state and federal agency having jurisdiction and all products sold therein must be properly licensed, permitted, and allowed by local, state and federal laws and regulations.
(b) Right-of-Way.
(1) Transient merchants shall not operate, stop, stand or set up in any area of the right-of-way that is intended for use by vehicular travel or that in any way impedes the use of the right-of-way or that present an unsafe condition for patrons, pedestrians or vehicles.
(2) Transient merchants may operate within the right-of-way only at times and locations designated with the locations set forth in the permit and it is the duty of all operators to obtain current knowledge of the right-of-way designations prior to establishing operations in any area.
(3) Unless authorized in writing by the City, all transient merchants are prohibited from operating in public alleys.
(4) Transient merchants may operate on private property only upon written consent of the property owner, with established dates for operations.
(c) Business Access. No transient merchant may operate in a location that impedes the ingress to, egress from, or signage of another business or otherwise cause undue interference with access to other businesses or emergency areas, paths or facilities.
(d) Pedestrians. Transient merchants shall not reduce the clear pedestrian path of travel on the sidewalk to less than six feet (6'). This includes all components of the unit and any patron queue. All awnings or canopies of the unit shall be at least six feet, eight inches (6'8") above the sidewalk.
(e) Noise. Amplified music or other sounds may not at any time unreasonably disturb nearby business, pedestrians, or vehicles.
(f) Utilities. All transient merchants shall comply with the current version of the electrical code adopted by the City and any power, water, or sewage, shall be self-contained and shall not use utilities drawn from other sources, unless identified on the license/permit.
(g) Fire Extinguishers. If there is a power and/or heat source there must be an inspection by the Fire Department and there must be a fire extinguisher that is certified annually by a licensed company.
(h) Alcohol Sales. Transient merchants are prohibited to selling or distributing alcoholic beverages.
(i) Insurance. Transient vendors, when given permission to operate on City owned property, must provide a certificate of liability coverage, no less than three hundred thousand dollars ($300,000). If the transient merchant does not have this coverage, they must agree, in writing, to indemnify, defend, hold harmless the City of Jackson and its officers, official, agents and employees from and against any and all claims, actions, liabilities, damages, losses or expenses, including reasonable court costs, attorneys’ fees, and costs of claim processing, investigation and litigations for bodily injury or personal injury or death, or loss or damage to tangible or intangible property caused or alleged to be caused in whole or part, by any acts or omissions of the vendor or any of its owners, officers, directors, agents, employees, subcontractors, participants or volunteers.
(j) Transient vendors must acknowledge and comply, upon application, with required documentation set forth by the City of Jackson.
(Ord. 53-21. Passed 8-23-21.)