759.08 REQUIREMENTS AND CONDITIONS OF PERMIT.

   (a)   Permittees and their agents shall comply with all of the requirements of this section while engaged in activity at permitted locations.

      (1)   Each vending device shall be attended at all times by at least one individual.

      (2)   The vending device shall be placed on the sidewalk only at the location set forth in the permit.

      (3)   No vending device shall remain in its permitted location between the hours of midnight and 6:00 a.m. and no activity shall be conducted from any permitted location between those hours.

      (4)   Permittees and their agents shall obey any lawful order of a police officer to remove their vending devices from the sidewalk if necessary to avoid congestion or obstruction in any emergency.

      (5)   Permittees or their agents selling food from vending devices required by state law to have a food service operation license shall be limited to serving non-potentially hazardous foods or commissary-wrapped food maintained at proper temperatures.

      (6)   Permittees or their agents selling food from vending devices required by state law to have a food service operation license shall operate only from a licensed commissary. Permittees shall cause their vending devices to be taken to the commissary daily for cleaning and servicing operations. Vending devices shall not be serviced or cleaned at residences or any other unapproved premises.

      (7)   Permittees and their agents shall be responsible for keeping the sidewalk and adjacent curb area within twenty-five feet of the permitted location free of litter. Permittees and their agents shall provide a suitable container for the placement of paper, wrappers and other similar items by customers and others.

      (8)   The permit shall be affixed to the vending device at all times that the vending device is located on the sidewalk.

      (9)   Permittees and their agents shall operate in compliance with the following:

         A.   No merchandise shall be displayed or sold to occupants of vehicles stopped in traffic.

         B.   No merchandise shall be displayed or sold at any location where the sidewalk or clear area is less than ten feet in width.

         C.   No merchandise shall be displayed on any utility pole, planter, tree, trash container or other sidewalk/street fixture, nor shall lines or other devices be placed or attached thereon.

         D.   No vending device shall be placed at a location which hinders or restricts access to a telephone booth, mail box, fire alarm call box, fire hydrant, traffic control box or bus stop.

         E.   No merchandise shall be displayed or sold in a manner that blocks or restricts the passage of pedestrians or vehicles in the lawful use of sidewalk or streets.

         F.   No vendor shall make any loud or unreasonable noise of any kind by vocalization or otherwise to advertise or attract attention to his merchandise.

      (10)   No permittee or agent thereof shall conduct business in violation of the provisions of any ordinance or regulations for a community event.

   (b)   Permits issued by the Director shall be subject to the following conditions:

      (1)   Each permit shall be personal only and shall not be transferrable in any manner.

      (2)   Each permit is valid only when used at the location designated in the permit.

      (3)   The permit as it applies to a given location may be suspended by Council or the Director for up to ten days during the holding of a community event.

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