(A) Beach vending permits may only be granted for beach locations that are part of or immediately behind (e.g., not across the street from) a parcel of property that meets all of the following conditions:
(1) The parcel is zoned General Commercial or Tourist Commercial;
(2) The parcel is the location of a hotel, motel, restaurant, tavern, or bar that currently operates validly under city and state law; if such use discontinues for more than seven consecutive days (such as for going out of business or seasonal closure), the beach vending permit is automatically suspended and will go back into effect when the hotel, motel, restaurant, tavern, or bar reopens for continuous long-term operations; and
(3) The location is not on beach deeded to the city or another public agency.
(B) The goods permitted by this chapter to be placed upon the beach for rental or sale shall be displayed, or stored or placed so as to avoid being an obstacle to emergency and other permitted vehicles.
(Ord. 688, passed 4-11-18)
Editor’s note:
Ord. 740, passed December 10, 2019, provides that, for the remainder of the 2019 calendar year and the entirety of 2020 and 2021, the city waives the above division (A)(2) of this § 114.05 for the locations that were eligible on October 9, 2018 to sponsor a beach vending permit. Those locations are 719 US-98 (the location of Toucans), 903 US-98 (the location of the Beuna Vista Motel), 1701 US-98 (the location of the El Govenor Motel); and 2105 US-98 (the location of the Driftwood Inn). Beach protection and restoration construction projects will be ongoing for many months, so as a condition of permit issuance, all holders of beach vending permits must comply with any temporary closure of a portion of the beach and any directives of the city relating to safety generally or construction on any portion of the beach near the location covered by the beach vending permit. Such directives may include a requirement to temporarily remove all beach vendor property from the beach or to adjust activities to avoid damage to newly constructed projects on the beach.