[Amended 1-26-2009 by Ord. No. 6-2009; 11-9-2009 by Ord. No. 62-2009; 5-10-2010 by Ord. No. 24-2010; 8-26-2013 by Ord. No. 35-2013; 10-26-2015 by Ord. No. 61-2015]
A. Vending on public property is prohibited in all areas outside the Downtown Improvement District Authority (DID) area.
B. Vending is prohibited on private property as per the Zoning Ordinance, City of Reading Codified Ordinances; § 600-902, Limit of one principal use, states "No more than one principal use shall be permitted on a lot, unless specifically permitted by this chapter. A principal use shall not be located in an accessory building or structure."
C. It shall be unlawful for any person to engage in the business of vending within the City of Reading without first obtaining a permit pursuant to this section. Vending activities are only permitted within the DID area and between the southern right-of-way line of Franklin Street, the northern right-of-way line of Washington Street, the western right-of-way line of Front Street and the eastern right-of-way line of 11th Street, as shown by the DID Area Map contained in the latest final plan for the Downtown Improvement District.
D. Preexisting vendors operating inside the Downtown Improvement District (DID) area are required to comply with all regulations contained herein and are subject to all licensing and health/safety requirements contained in this Part.
(1) Location, type and number. A sidewalk vendor permit shall only be issued for and restricted to vendor sales from an approved vending cart at specific and fixed locations within the DID area. All sidewalk vending shall be conducted within the public right-of-way, as defined herein. Up to a maximum of 20 sidewalk vending permits shall be issued for food, beverage, goods, printed materials or merchandise related sales annually for the DID area as determined by City ordinances.
(2) The Property Maintenance Division shall issue a temporary permit to the potential sidewalk vendor indicating a location and notify the DID Board of the assignment. The DID Board shall determine the final approved location of each vendor in the DID area. The Property Maintenance Division will then issue the permanent permit to the owner of the vending cart once approved by the DID Board. The location selection criteria shall be as follows:
(a) The goods being sold or offered by the vendor;
(b) The goods sold, offered and/or services provided by adjacent businesses and those within 200 feet;
(c) Expected impacts from the vendor which could have a detrimental effect on existing adjacent and nearby establishments; and
(d) The goods being sold by sidewalk vendors in the same block, in order to avoid oversaturation of the block with too many of the same type of vendor (e.g., more than one ice cream vendor in the same block).
(3) City Officials may, if necessary, temporarily or permanently relocate any or all vendor(s) by giving the vendor(s) 24 hours' notice due to the DID Board's request, special events, or because of natural or man-made phenomena which would cause vending activities to be unsafe, impractical or incompatible with new or existing businesses within 200 feet of the vendors' location.
E. The DID Board shall approve, deny and/or revoke permits for vending machines in the DID area including vending machines for printed materials.
F. More than two permits prohibited. A person who holds or has an interest in two sidewalk vendor permits as an owner, partner or shareholder shall not have any additional interest, either directly or indirectly, as an owner, partner or shareholder in any other sidewalk vendor permit. Each vending cart must have an individual permit. One permit cannot apply to more than one vending cart.
G. Permit nontransferable. A sidewalk vendor permit shall not be transferable to another holder, and any prohibited transfer of the permit shall work as an automatic forfeiture thereof. If the permit holder is not a natural person, the transfer of any ownership interest in the holder of the permit shall be deemed a prohibited transfer.
H. This section shall not apply to itinerant food operations associated with the organized festival, carnival, fair, parade, picnic or other affair that may be approved or sponsored by the City or its associated bureaus, authorities or agencies, in such areas which may be designated and approved for itinerant food operations on a temporary basis.