Section
General Provisions
117.001 Definitions
117.002 Exceptions to chapter
117.003 Refusing to leave
117.004 Entrance to premises restricted
117.005 Misrepresentation
117.006 Hours of operation
117.007 Prohibited conduct
Permit
117.020 Required
117.021 Application
117.022 Investigation, examination of applicant
117.023 Bond required
117.024 Chapter 110 applicable
117.025 False information
117.026 Photographs
117.027 Fee
117.028 Issuance restricted
117.029 Display
117.030 Suspension and revocation
Sidewalk Vendors
117.040 Definitions
117.041 Permit required in central business district
117.042 Vending outside central business district
117.043 Prohibited conduct
117.044 Size requirements for vending stands
117.045 Health and sanitation requirements for food and beverage vending
117.046 Advertising
Right-of-Way Allowances in the Central Business District; Generally
117.060 Purpose
117.061 Definitions
117.062 Furniture zone use allowed
117.063 Permit fees and permit duration
117.064 Furniture zone limited leases for sidewalk cafés and sidewalk pubs
117.065 Lease fees and lease duration
117.066 Objects allowed in the right-of-way
117.067 Application for permit or lease
117.068 Review and evaluation criteria
117.069 Approval conditional
117.070 Liability and insurance
117.071 Designated pedestrian walkway
117.072 Maintenance of permitted or leased area
117.073 Food preparation not authorized
117.074 Noise allowed; excessive noise prohibited
117.075 Occurrence in downtown parks
117.076 Exceptions for city-approved objects
117.077 Priority of assignment for furniture zone use sites
117.078 Natural gas fire pits within furniture zones
117.079 Revocation and suspension
Right-of-Way Allowances in the Central Business District; Additional Rules Specific to Type of Use
117.090 Sidewalk cafés, sidewalk pubs, and parklets as extension of adjacent businesses
117.091 Sidewalk café, sidewalk pub, and parklet delineation
117.092 Sidewalk café and sidewalk pub furniture requirements
117.093 Trash and trash receptacles for vendors, sidewalk cafés, sidewalk pubs, and parklets
117.094 Alcohol in sidewalk cafés, sidewalk pubs, and parklets
117.095 Additional rules governing alcoholic beverages in sidewalk cafés and sidewalk pubs
117.096 Locational rules for performance artists
117.097 Sale of goods by artists and performance artists
117.098 Additional rules related to vending
117.099 Additional rules related to parklet permits
Events in the Central Business District
117.110 Special events
117.111 Reserved
117.112 Special event preemption of furniture zone use
Mobile Food Vendors
117.120 Definitions
117.121 Required
117.122 False information
117.123 Mobile food vending permit issuance and fees
117.124 Issuance restricted
117.125 Nontransferability
117.126 Background check
117.127 Chapter 110 applicable
117.128 Mobile food vendor application
117.129 Display of permit
117.130 Revocation
117.131 Allowed mobile vending locations
117.132 Hours of operation
117.133 Health and sanitation requirements
117.134 Noise
117.135 Parking
117.136 ADA access
117.137 Fire safety
117.138 Litter control
117.139 Prohibited conduct
117.140 Liability and insurance
117.999 Penalty
Cross-reference:
Advertising, see ch. 97
License fee for vendors, see § 110.028
Licenses, see ch. 110
Signs and outdoor advertising, see ch. 155
Streets and sidewalks, see ch. 96
Traffic code, see title VII
Statutory reference:
Authority to license, tax and regulate transient
merchants and transient stores, see SDCL 9-34-7
Authority to license, tax, regulate or prohibit peddlers, see SDCL 9-34-8
GENERAL PROVISIONS
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. As used in this chapter means any person, whether a resident of this city or not, traveling from place to place, from house to house, or from street to street for the purpose of selling or soliciting for sale of goods, wares, merchandise or services, including food and beverages not intended to be immediately consumed, and shall also mean and include any person transacting a temporary business within the city. This definition does not include mobile food vending in compliance with Chapter 117 of this Code.
TEMPORARY BUSINESS. As used in this chapter means the sale of goods, wares, merchandise or services, including food and beverages, sold by a
person, business or other entity for fewer than 90 days within any period of 12 consecutive months, or from a car, truck, other motor vehicle, trailer or any structure other than a permanent building. This definition does not include a mobile food truck in compliance with
Chapter 117
of this Code.
(1957 Rev. Ords., §§ 8.401, 8.1601; 1992 Code, § 29-1) (Ord. 49-06, passed 4-17-2006; Ord. 118-15, passed 12-1-2015; Ord. 101-24, passed 12-3-2024)
Cross-reference:
Definitions and rules of construction generally, see § 10.002
The provisions of this chapter shall not apply to the following:
(a) Solicitations, sales, or distributions made by charitable, educational, or religious organizations which have registered with the city;
(b) Traveling salespersons doing business exclusively with retail merchants, manufacturers, jobbers, or public officials;
(c) Persons selling jams, jellies, vegetables, fruits, or flowers grown or produced by them and not purchased by them for resale; and
(d) Bona fide garage, rummage, yard, or moving sales which do not occur at the same location more than four times per year for more than four days each time.
(1957 Rev. Ords., § 8.402; 1992 Code, § 29-2) (Ord. 78-78, passed 8-7-1978; Ord. 85-94, passed 9-19-1994; Ord. 49-06, passed 4-17-2006; Ord. 131-15, passed 12-15-2015)
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