(A) Sidewalk vendors shall comply with all operating conditions, including those conditions set forth in Section 5.70.050.
(B) Sidewalk vendors shall not engage in any of the following activities:
(1) Renting merchandise to customers;
(2) Displaying merchandise or food that is not available for immediate sale;
(3) Selling of adult-oriented materials, marijuana, alcohol, or alcoholic beverages;
(4) Using an open flame on or within any sidewalk vending receptacle;
(5) In nonresidential areas, all sidewalk vendors, regardless of whether a roaming sidewalk vendor or stationary sidewalk vendor, operating after sunset shall provide adequate lighting in the immediate vicinity of the sidewalk vending receptacle to ensure safe transactions with the public.
(6) In residential areas, all stationary sidewalk vending is prohibited. In residential areas, roaming sidewalk vending activity is prohibited from one-half hour after sunset to one-half hour before sunrise.
(7) Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the vendor to leave or after the person has declined the offer to purchase food or merchandise;
(8) Sidewalk vendors shall not approach persons to sell food or merchandise and shall not interfere in any way with anyone engaged in an activity to sell food or merchandise;
(9) Sidewalk vendors shall not vend or sell food or merchandise to any persons in a moving vehicle or in an illegally parked or stopped vehicle;
(10) Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;
(11) Blocking or impeding the path of the person(s) being offered food or merchandise to purchase;
(12) Making any statements, gesture, or other communication which a reasonable person in the situation of the person(s) being offered food or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out; and
(13) Touching the person(s) being offered to purchase food or merchandise without that person(s)' consent.
(C) Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
(1) Any public property that does not meet the definition of a sidewalk or pathway including any alley, park, street, or parking lot;
(2) Within 200 feet of an area designated for a temporary special event permitted by the city, including parks, during the limited duration of the temporary special event permit, unless the sidewalk vendor is specifically associated with the temporary special event permittee. If the city provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the city's temporary special permit, such notice will also be provided to any sidewalk vendors specifically licensed to operate in the area, if applicable;
(3) On any private property without the express written consent of the owner or lessee of the property;
(4) Sidewalk vendors shall not engage in sidewalk vending activities within 25 feet of another sidewalk vendor;
(5) Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of a place of worship;
(6) Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of a police or fire station;
(7) Sidewalk vendors shall not engage in sidewalk vending activities within 100 feet of any public picnic area, playground area, or playground equipment;
(8) Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet a permitted farmers' market or swap meet during the limited operating hours of that farmers' market or swap meet;
(9) Stationary sidewalk vending activities shall only occur on sidewalks or pathways with a minimum width of seven feet or larger;
(10) Sidewalk vendors shall not engage in sidewalk vending activities within 50 feet of an Automated teller machine (ATM);
(11) Sidewalk vendors shall not engage in sidewalk vending activities within 25 feet of a:
(a) Fire hydrant;
(b) Curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone;
(c) Driveway, alley, intersection, or street corner;
(d) Entrance or exit to a building, structure or facility; or
(e) Trash receptacles, bike racks, benches, bus stop or similar public use items.
(12) Sidewalk vendors shall not engage in sidewalk vending activities within 200 feet of a school nor vend within one hour of school or child daycare facility start time or within one hour of school or child daycare facility end time;
(13) Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities at any park where the city has signed an agreement for concessions that exclusively allows the sale of food or merchandise by a concessionaire.
(D) Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trash cans, or traffic barriers.
(Ord. 2018-263, passed 12-19-2018)