A. Purpose: In order to regulate the assembly of large numbers of people for a large scale street and sidewalk event, whose presence in the city can reasonably be anticipated to exceed the ordinary capability of the health, sanitary, fire, police, transportation and utility services provided by the city, the city hereby establishes the following regulations.
B. License Required:
1. It shall be unlawful for any itinerant merchant to offer for sale, trade or barter any goods within the city during the large scale street and sidewalk event period without an appropriate license as outlined herein.
2. It shall be unlawful for any person or organization to sponsor or promote sales by unlicensed itinerant merchants within the city during the large scale street and sidewalk event period without an appropriate license as outlined herein.
3. It shall be unlawful for any food/beverage vendor to offer for sale, trade or barter any food or beverages within the city during the large scale street and sidewalk event period without an appropriate license as outlined herein.
4. It shall be unlawful for an unlicensed itinerant merchant to sell goods within the city during the large scale street and sidewalk event period.
C. Sponsorship License:
1. Large scale street and sidewalk events shall be organized and sponsored by nonprofit organizations under one or more licenses issued by the city council. Application for a large scale street and sidewalk event license shall be made at least thirty (30) days prior to the large scale street and sidewalk event period. The city council may grant one or more large scale street and sidewalk event sponsorship licenses annually. In granting a license, the city council shall consider the ability of the applicant to manage the event, and whether the benefit to the public in granting the license outweighs the public inconvenience associated with the event. Any application may be denied if the city council finds that the inconvenience to the public outweighs the public benefit expected to be realized from the event.
2. Included in the application for a sponsorship license shall be such information as the city council may require, including, but not limited to, the expected number of itinerant merchants, the number of individuals expected to attend the large scale street and sidewalk event, plans for sanitary facilities, security officers and emergency services access. The application shall include a plan for allocating itinerant merchants and food/beverage vendor licenses between public and private property. The application shall include information on projected costs and expenses for the large scale street and sidewalk event. The application shall include a map establishing a large scale street and sidewalk event district and showing the boundaries of the district within which the event will be held. The application shall include a plan for allocating itinerant merchant licenses between public and private property, and at least ten percent (10%) of the total itinerant merchant and food/beverage vendors licenses shall be designated for private property. The city council may require diversion of traffic or closing of streets as a condition of granting the license. The application shall state objective criteria for selecting itinerant merchants and food/beverage vendors to participate in the event.
3. The city council shall require, as a condition of covering the sponsor's activities naming the city as an additional insured in such amount as the city council may require.
4. The city council may require, as a condition of granting a sponsorship license, that the sponsoring organization reimburse the city for costs of sanitation, traffic control, security and other costs incurred by the city.
5. The sponsoring organization may charge a reasonable fee as a condition of participating in the large scale street and sidewalk event. The sponsoring organization may designate where the itinerant merchants and food/beverage vendors shall set up their booths within the large scale street and sidewalk event district.
6. In the event that one or more organizations file applications for large scale street and sidewalk events during the same time or for the same area, or an organization files an application for a large scale street and sidewalk event during the time another organization has been granted such a license, the city shall require the applicants to coordinate plans for designating districts, restricting sales by itinerant merchants, sharing costs of the events and such other issues as the city may deem appropriate. In the event that the organizations are unable to coordinate their plans the city council may, in its discretion, rescind or deny one or more of the applications, or impose such additional conditions on the license as are appropriate to provide for the public welfare, safety and convenience.
7. The city may, as part of the license, permit the complete or partial obstruction of city streets, sidewalks, parks and/or parking lots during the large scale street and sidewalk event period.
D. Use Of City Parks, Parking Lots And Property: During the large scale street and sidewalk event period, the city may permit one or more groups to have exclusive control of city parks, parking lots and charge a fee for the use thereof. Facilitation of the large scale street and sidewalk event and local nonprofit groups shall receive first consideration for such use.
E. Itinerant Merchant License: An organization holding a sponsorship license shall make application at least thirty (30) days prior to the large scale street and sidewalk event time for itinerant merchant licenses for all itinerant merchants participating in the large scale street and sidewalk event. The city council shall by resolution set the number of itinerant merchant licenses issued annually under the sponsorship license. The sponsoring organization may make selections from those individuals desiring an itinerant merchant license based upon objective criteria designed to promote the sponsoring organization's goals for the large scale street and sidewalk event. The application for an itinerant merchant license shall contain the name, address, social security or tax identification number and sales tax number of the applicant and shall be accompanied by such fees as may be set by the city council by resolution.
F. Food/Beverage Vendor License: An organization holding a sponsorship license shall make application at least thirty (30) days prior to the large scale street and sidewalk event period for food/beverage vendor licenses for all food/beverage vendors participating in the event. The sponsoring organization may make selections from those individuals desiring a food/beverage vendor license based upon objective criteria designed to promote the sponsoring organization's goals for the large scale street and sidewalk event. The application for a food/beverage vendor license shall be accompanied by such fees as may be set by the city council by resolution.
G. License Must Be Conspicuously Posted: The approved itinerant merchant license or food/beverage vendor license must be posted in plain view at each individual vendor's area, together with any licenses or permits issued by the Minnesota department of public health or Morrison County public health.
H. Violators May Be Expelled: Itinerant merchants and food/beverage vendors violating the provisions of this chapter may be expelled from the event, or from the city for the duration of the large scale street and sidewalk event period.
I. Parking Of Recreational Vehicles: The city council may by resolution set a restricted parking distance for recreational vehicles parked on any public street or public parking lot, except in those areas specifically designated for recreational vehicles during the large scale street and sidewalk event period. (Ord. 69, 5th Series, eff. 6-9-2003)