No person shall obstruct entirely or partially any sidewalk or street in the city by selling or offering for sale at auction or otherwise any goods, wares or merchandise thereon, or use any sidewalk or street for the placing thereon of any barrel, box crate, wood or other substance, except where expressly permitted by the provisions of this Code or other ordinance of the city.
(A) Permit generally. The Downtown Development Director on behalf of the Downtown Oxford Economic Development Corporation may issue permits for the display and sale of merchandise on city sidewalks in the area of the city defined as the Central Business District.
(B) Application. Any merchant desiring to display and sell merchandise on the city sidewalk shall prepare and file an application with the Downtown Oxford Economic Development Corporation, which shall contain the following information:
(1) The name, address and telephone number of the business desiring to display or sell merchandise on the sidewalk.
(2) The name, address and telephone number of the business owner.
(3) The type of merchandise to be sold or displayed.
(4) The hours of operation of the business.
(5) A drawing or site plan showing the section of the sidewalk to be used for the sale and display of merchandise.
(6) Evidence of adequate insurance or other forms of security to hold the city and its taxpayers harmless from claims arising out of the sale and display of merchandise.
(7) The business agrees to indemnify and hold the DOEDC and the city harmless, for all actions, claims, proceedings, injuries, damages and expenses.
(8) A copy of all permits and licenses issued by the state or the city. Such additional information as may be requested by the Downtown Oxford Economic Development Corporation to determine compliance with this section.
(C) Issuance of permit. No permit for the sale and display of merchandise on the sidewalk may be issued unless the application is complete and unless the following requirements are met:
(1) The sale and display of merchandise must occur under the same name as the business and may not be opened or operated at anytime when the business is closed.
(2) The sale and display of merchandise on the sidewalk must be clearly incidental to the associated business.
(3) The placement of outdoor display merchandise shall be:
(a) Permitted adjacent to the primary facade (facade with principal customer entrance) on either side and shall extend no more than eight feet.
(b) Outdoor display/merchandise shall not impair the ability of pedestrians to use the sidewalk or parking areas. Provide a 36 inch minimum width route with passing areas of 60 inches x 60 inches every 200 feet or less.
(c) Merchandise must be removed within four hours of notice from the DOEDC or city. If such items are not removed upon four hours’ notice, the DOEDC or city shall have the right to remove and dispose of these items and may assess the property owner for the cost of such removal and disposal. The DOEDC or city shall also have the right to remove such items immediately in emergency situation. The DOEDC or city shall not be responsible for damage to the merchandise under any circumstances.
(d) The owner of the business displaying or selling merchandise on the sidewalk shall be responsible for repairing any incidental damage to public sidewalks resulting from the display of merchandise.
(D) Denial. A permit may be denied if it is found that the granting of the permit would not be in the public interest. Any applicant denied a permit to display or sell merchandise on the sidewalk shall receive a written statement, outlining the grounds on which the denial is based. The applicant may appeal the denial of the permit to the City Commissioners at the next scheduled City Commissioners meeting following receipt of the written denial. The City Commissioners may take such corrective action as it shall find necessary. The findings and determination of the City Commissioners shall be final.
(E) Permit revocation. The Downtown Oxford Economic Development Corporation may revoke a permit issued pursuant to this section, if it finds that the business owner has:
(1) Deliberately misrepresented or provided false information in the permit application.
(2) Displayed or sold the merchandise in such a manner as to create a public nuisance or to constitute a hazard to the public health, safety or welfare; specifically including failure to keep the area clean and free of refuse.
(3) Failed to maintain any health, business or other permit or license required by law for the operation of the business.
(4) Before the revocation of a permit, the DOEDC shall notify the permit holder of its intent to revoke the permit and the reasons therefore and shall afford the permit holder a reasonable opportunity to appear and be heard on the question of such revocation. The DOEDC shall notify permit holder in writing of the decision and the reasons therefore. A decision of the DOEDC to revoke permit may be appealed to the City Commissioners in accordance with the provision of this section.
(F) All permits are automatically renewed each year if there are no changes to the original application. Permits are not transferable or assignable.
(Ord. 06-11-04, passed 6-14-11) Penalty, see § 1-99