Street vendors or persons selling consumable food, beverages or merchandise not otherwise prohibited by this chapter upon the streets, sidewalks or other public place shall pay an annual license fee of one hundred dollars ($100.00). Such license shall be subject to the following conditions:
(a) No merchandise, food or beverage shall be displayed or sold in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks, streets or public places.
(b) All merchandise, food, or beverages shall be displayed or sold from a portable or mobile stand or container. Each vendor shall remove all merchandise, packaging, paper, containers, display stands or tables, or other materials brought by him to the location at the termination of sales each day. No permanent stands or displays are permitted.
(c) Each vendor during the period of his selling shall keep the area surrounding the location where he displays merchandise, food or beverages, free from all litter and debris arising from his operations, including the litter which arises from actions of his customers in disposing of wrapping or packaging materials on merchandise sold by the vendor. Each vendor shall also have a suitable refuse receptacle at his place of business.
(d) Vendors shall at all times exercise reasonable care that their merchandise, packaging material, display equipment and other paraphernalia shall not create a safety or health hazard.
(e) No vendor's display stand, cart, container or other appurtenances or paraphernalia shall be more that forty-six inches wide nor more than ninety-three inches long.
(f) No merchandise, food or beverages shall be displayed or sold within forty feet of the location at which another vendor is already displaying or selling merchandise, food or beverage. In the case of a dispute between vendors, the vendor who arrived first on the day involved shall be deemed to have the privilege of operating at that location on that day.
(g) Each vendor shall at all times be subject to any rules and regulations promulgated by the Portsmouth Board of Health and if food or beverages are to be sold, a license must be obtained from the Board of Health prior to opening for business.
(h) Nothing herein shall permit a vendor to sell refreshment concessions within the various parks and Spartan Stadium unless the vendor has entered into a contract with the City as called for in Section 947.10 of the Streets, Utilities and Public Services Code.
The City Manager may, upon request of a trade association, group of at least three business firms or a nonprofit social or civic organization whose programs benefit the community, issue a license to such a group permitting the sale of merchandise, consumable food or beverages upon the streets, sidewalks or other public places. The fee for such a license shall be thirty dollars ($30.00) per sale day, and issuance of such license shall be at the discretion of the City Manager. (Ord. 2016-125. Passed 10-10-16.)