CHAPTER 759
Permits for Vending Devices in the Central Business District

759.01   Definitions.

759.02   Temporary sidewalk occupancy permits.

759.03   Application for permits.

759.04   Permit fee and duration.

759.05   Permitted locations.

759.06   Form; contents.

759.07   Permitted vending devices.

759.08   Requirements and conditions of permit.

759.09   Vendors Advisory Committee.

759.10   Permit suspension and revocation.

759.11   Regulations.

759.99   Penalty.

CROSS REFERENCES

Sidewalk obstructions - see GEN. OFF. 521.04

759.01 DEFINITIONS.

   When used in this chapter, the following words shall have the following meanings:

   (a)   "Bureau" means the Bureau of Buildings, Inspections, Licenses and Permits.

   (b)   "Central Business District" means the area defined in Section 1165.01 of the Planning and Zoning Code.

   (c)   "Commissary" means a catering establishment, restaurant or any other place in which food, containers or supplies are kept, handled, prepared, packaged or stored.

   (d)   "Community event" means an event specifically approved granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding ten days to a community based organization.

   (e)   "Permit" means a temporary sidewalk occupancy permit authorized by Section 759.02.

   (f)   "Permittee" means the person who owns the vending device permitted to occupy a stationary location on a sidewalk.

   (g)   "Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive micro-organisms.

   (h)   "Sidewalk" means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property.

   (i)   "Vending device" means a container for the sale, display or transport of merchandise by a peddler, which has wheels and is capable of being moved by one person by muscular power.

      (Ord. 93-081. Passed 5-4-93.)

759.02 TEMPORARY SIDEWALK OCCUPANCY PERMITS.

   The Bureau of Buildings, Inspections, Licenses and Permits is hereby authorized to issue temporary sidewalk occupancy permits revocable at the will of Council authorizing the placement of vending devices at permitted locations on sidewalks in the Central Business District, subject to the provisions of this chapter.

(Ord. 93-081. Passed 5-4-93.)

759.03 APPLICATION FOR PERMITS.

   (a)   Application for a permit shall be made to the Bureau in the form provided by the Bureau. Such application shall include, but not be limited to, the following information:

      (1)   Name, address and telephone number of the applicant;

      (2)   A description of the vending device to be located on the sidewalk;

      (3)   A signed statement that the applicant is the owner of the vending device;

      (4)   The type of merchandise to be sold;

      (5)   Evidence that all required health licenses have been obtained;

      (6)   The location or alternative locations for which application for a permit is made;

      (7)   A signed affidavit that the owner has an insurance policy currently in effect, and will maintain same during the entire permit period, covering the owner or any other person using the permitted vending device with the owner's consent for any claims or damages to property or injury to persons resulting from any activity carried on under the permit. Such insurance shall provide coverage of not less than twenty-five thousand dollars ($25.000) for any one incident and shall be combined single limit coverage from an insurance company duly licensed to transact such business in the State, and no deductible shall be allowed from this policy in an amount greater than two hundred fifty dollars ($250.00).

   (b)   A separate application and permit shall be required for each vending device.

(Ord. 93-081. Passed 5-4-93.)

759.04 PERMIT FEE AND DURATION.

   Each application for a permit shall be accompanied by an administrative fee of fifteen dollars ($15.00). If the applicant is not issued a permit, the fee shall be refunded.

   Permits shall be valid for a period of one year from the date of issuance. Permits may be renewed prior to expiration upon the payment of the permit fee, provided all the requirements of this chapter are met.

(Ord. 93-081. Passed 5-4-93.)

759.05 PERMITTED LOCATIONS.

   The Bureau shall compile a list of permitted locations where the presence of a vending device on the sidewalk would be compatible with the public interest in use of street and sidewalk areas as a public right of way. No vending device shall be permitted in a location where its sales would be of merchandise similar to that of a permanent retail establishment in the immediate vicinity. The Bureau may consider the width of the sidewalk; the proximity and location of existing street furniture, including but not limited to signposts, lamp posts, parking meters, bus shelters, benches, phone booths and newspaper vending devices; the presence of bus stops, truck loading zones and taxi stands; pedestrian and vehicular traffic patterns. The Bureau may modify the list from time to time as deemed necessary.

(Ord. 93-081. Passed 5-4-93.)

759.06 FORM; CONTENTS.

   (a)   Permit shall be issued in a form so that they may be affixed to the vending device.

   (b)   Each permit shall contain the following information:

      (1)   The name and address of the permittee;

      (2)   A description of the vending device;

      (3)   A description of the permitted location;

      (4)   The expiration date of the permit; and

      (5)   If applicable, the location of the commissary which supplies the vending device; and any other information the Director deems desirable.

   (c)   Applicants who meet all of the above criteria and file an application shall be issued a permit on a first-come first-served basis.

   (d)   No individual or business may hold more than two permits.

(Ord. 93-081. Passed 5-4-93.)