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No vending stand shall exceed 30 inches in width and six feet in length and 38 inches in height to the countertop and seven feet vertical clear space, ground to lowest point of protective covering, which measurements shall include the entire vehicle and any attachments unless otherwise approved in peddler’s license or sidewalk use permit.
(1992 Code, § 29-30) (Ord. 12-87, passed 3-2-1987; Ord. 49-06, passed 4-17-2006; Ord. 2-10, passed 2-8-2010)
(a) Vendors of food and beverages shall comply with the inspection provisions and standards for food service establishments as set forth in the following provisions of the code: this chapter 117 of this Code and the fire code as adopted by the city in § 91.015 of this Code.
(b) Additionally, vendors of food and beverages shall allow:
(1) The equipment used in vending food and beverages be inspected upon application for a license and shall be required to obtain a valid food service license and operating permit; and
(2) Each food or beverage vending business be inspected at least twice a year.
(1992 Code, § 29-31) (Ord. 12-87, passed 3-2-1987; Ord. 49-06, passed 4-17-2006; Ord. 2-10, passed 2-8-2010)
No advertising, except the posting of prices, shall be permitted on any stand or motor vehicle, except to identify the name of the product or the name of the sidewalk vendor.
(1992 Code, § 29-32) (Ord. 12-87, passed 3-2-1987; Ord. 49-06, passed 4-17-2006; Ord. 2-10, passed 2-8-2010)
RIGHT-OF-WAY ALLOWANCES IN THE CENTRAL BUSINESS DISTRICT; GENERALLY
Sidewalk cafés, sidewalk pubs, artistic displays, artistic performances, natural gas fire pits, and other approved or permitted uses of the sidewalk encourage a pedestrian friendly environment and help to create a visually attractive and dynamic atmosphere for downtown Sioux Falls. These uses are a privilege granted by the city and are encouraged so long as they are compatible with the pedestrian use of sidewalk, create positive conditions downtown, and comply with other relevant provisions found in the Code of Ordinances of the city.
(1992 Code, § 29-50) (Ord. 2-10, passed 2-8-2010; Ord. 107-18, passed 11-13-2018)
For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT/ADJOINING BUSINESS. The business or property immediately adjacent to a portion of the sidewalk and furniture zone. A business shall be determined to be ADJACENT to a portion of the furniture zone by extending the property lines perpendicular into the furniture zone.
ARTIST or PERFORMANCE ARTIST. Any person or group who is permitted to use the furniture zone area for the purpose of conducting an artistic display or performance. The term ARTIST or PERFORMANCE ARTIST includes, but is not limited to, musicians, painters and dancers. Any ARTIST or PERFORMANCE ARTIST actively selling works of art or other items shall be defined as a vendor.
CENTRAL BUSINESS DISTRICT and DOWNTOWN. The area contained within the Downtown business improvement district as defined in § 37.106
of this Code.
DESIGNATED PEDESTRIAN WALKWAY. The portion of the sidewalk designated by the city which is at least 84 inches in width unless otherwise designated by a furniture zone use permit or furniture zone limited lease. The DESIGNATED PEDESTRIAN WALKWAY shall be kept clear of intrusions and obstructions in order to provide for pedestrian travel and access.
FIRE PIT INSTALLATION PERMIT. A permit for the installation of a natural gas fire pit in the public right-of-way in the central business district as set forth in this chapter.
FIRE PIT USE PERMIT. An annual permit for the use of a natural gas fire pit in the public right-of-way in the central business district as set forth in this chapter.
FURNITURE ZONE. The portion of the right-of-way which is designated for the express purpose of allowing commercial uses thereon. It may be designated by stamped and/or colored concrete and may extend into areas that are permitted as a parklet. In some areas, the FURNITURE ZONE may include areas of the sidewalk where the sidewalk is greater than 84 inches wide.
FURNITURE ZONE LIMITED LEASE. An annual limited lease granted by the city to a sidewalk café or pub licensed to serve alcoholic beverages, which shall convey the exclusive right to the use of a portion of the city’s right-of-way to the adjoining business only for those business purposes designated in the lease, which shall include the sale and service of alcoholic beverages. A partial-year limited lease may also be granted by the city to a parklet.
FURNITURE ZONE USE PERMIT. A permit for the use of a specific portion of the city’s furniture zone for any of the uses set forth in this chapter except for those uses which include the sale or consumption of alcoholic beverages. Terms in this chapter referring to specific types of FURNITURE ZONE USE PERMITS shall be synonymous to a FURNITURE ZONE USE PERMIT and sidewalk use permit.
MINOR USE BY ADJACENT BUSINESSES. The placement of objects on the furniture zone area adjacent to a business which enhance or support the business, but where the primary purpose is not a permanent or semi-permanent operation of retail activities, and where financial transactions are limited to the confines of the adjacent business. These
activities include placement of a cart, planter, sandwich board sign or other similar item which is allowed unless placement obstructs the designated pedestrian walkway.
NATURAL GAS FIRE PIT. A device specifically designed to burn natural gas for the purpose of providing warmth.
PARKLET. A designated area located within a public right-of-way that would otherwise be used for vehicle parking in the central business district that can host temporary approved activities by limited lease.
RETAILING. The use of the furniture zone by an adjacent business for the primary purpose of operation of retail activities above and beyond minor uses described in this section.
SIDEWALK. The portion of the designated public right-of-way which is hard-surfaced and not used for motor vehicle travel or motor vehicle parking. Generally, it will be that portion of the right-of-way which is located between the street curb and the parallel property line except for any area that is a furniture zone.
SIDEWALK CAFÉ. Licensed food service establishment which is permitted to use the furniture zone adjacent to its place of business for the purpose of serving food from its menu in an outdoor setting.
SIDEWALK PUB. An establishment licensed to serve alcoholic drinks for consumption on its premises which is permitted to use the furniture zone area adjacent to its place of business for the purpose of serving alcoholic beverages in an outdoor setting. A SIDEWALK PUB may provide light dining options.
VENDOR or PEDDLER. Any person who, from a cart or some other form of conveyance located upon the furniture zone use area, offers for sale goods or distribution, wares, merchandise, or services, including food or beverages.
(1992 Code, § 29-51) (Ord. 2-10, passed 2-8-2010; Ord. 107-18, passed 11-13-2018; Ord. 22-23, passed 4-11-2023; Ord. 101-24, passed 12- 3-2024)
(a) Commercial or other nonpublic use of the furniture zone shall be allowed in the central business district only upon permission or by a limited lease granted by the city.
(b) The following uses are allowed under the provisions of this chapter by permit:
(1) Retailing;
(2) Artists and performance acts;
(3) Vending; and
(4) Natural gas fire pit.
(c) The following uses are allowed under the provisions of this chapter by limited lease of the furniture zone:
(1) Sidewalk cafés:
A. Without alcohol sales and consumption; or
B. With alcohol sales and consumption.
(2) Sidewalk pubs.
(3) Parklets.
(d) The following uses are allowed under the provisions of this chapter by notification:
(1) Minor uses by adjacent business; and
(2) Placement of objects consistent with this chapter.
(e) The city shall consider the impact of each proposed use of the furniture zone upon public property, public investments, public rights of access and way, and to businesses owners, property owners and residents in granting permission for allowing the requested use and reserves its right as steward of public right-of-way to limit, prohibit, or place conditions on nonpublic uses of the public right-of-way.
(1992 Code, § 29-52) (Ord. 2-10, passed 2-8-2010; Ord. 107-18, passed 11-13-2018; Ord. 22-23, passed 4-11-2023)
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