(A) Permission for sidewalk merchandise. The requirements of this section shall apply to all areas within the Town of Sparta zoning jurisdiction. Merchants lawfully conducting and operating a business from permanent physical business facilities which front on and abut a city sidewalk may display and sell goods, wares, and merchandise from the sidewalk so long as the requirements contained herein are met.
(B) Application. Any merchant desiring to display and sell merchandise on the city sidewalk shall prepare and file and application with the Code Enforcement Officer, 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 town and its taxpayers harmless from claims arising out of the sale and display of merchandise.
(7) The business agrees to indemnify and hold harmless the town 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 Code Enforcement Officer to determine compliance with this section.
(9) A non-refundable check or money order made payable to the Town of Sparta in the amount of $25 to cover the cost of review by the Code Enforcement Officer.
(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 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 placement of outdoor display merchandise shall be:
(a) Permitted adjacent to the primary façade (façade with principal customer entrance) on either side and shall not exceed eight feet in height.
(b) At minimum, seven-foot width of clear space free of obstacles shall be maintained on the sidewalk so that pedestrian traffic is not impeded.
(c) The seven-foot width shall begin at the face of the curbline in front of the building.
(d) All merchandise located within an outdoor merchandise area shall be placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped, and shall not be hazardous to the public.
(e) 1. All materials, tables, racks, or other items must be removed from the sidewalk at the close of each business day, with the following exception:
2. Tables and chairs used by a restaurant or coffee shop or other business establishment serving food or non-alcoholic beverages may remain on the sidewalk at all times, subject to the other provisions of this section, unless the business owner is instructed to remove the tables and chairs by the city. Such tables and chairs shall be for the exclusive use of patrons of the business providing the tables and chairs, and in no case shall alcoholic beverages be served to or consumed by any persons using the tables and chairs.
(f) In the event of a declared emergency or in a situation where exigent circumstances arise, the business shall remove all articles from the merchandise area when directed to do so by any law or Code Enforcement Officer, fire official, or emergency medical personnel.
(g) The permit holder for the outdoor merchandise area shall be responsible for maintenance, upkeep, and security of the display structure, and/or fixtures or devices on which the merchandise is displayed.
(h) The permit holder for the outdoor merchandise area shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor merchandise area.
(i) The permit holder for the outdoor merchandise area 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 Town Council at the next scheduled Town Council meeting following receipt of the written denial. The Town Council may take such corrective action as it shall find necessary. The findings and determination of the Town Council shall be final.
(E) Permit revocation. The town 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 merchandise in such a manner as to create 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 Code Enforcement Officer shall notify the permit holder of its intent to revoke the permit and the reasons therefor, and shall afford the permit holder a reasonable opportunity to appear and be heard on the question of such revocation. The Code Enforcement Officer shall notify permit holder in writing of the decision and the reasons therefor. A decision by the Code Enforcement Officer to revoke permit may be appealed to the Town Council in accordance with the provisions 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.
(G) This section shall not prohibit the Town Council from authorizing sidewalk sales in the event of street fairs and festivals which allow vendors and craftspeople to display wares in streets which are blocked off from vehicular traffic.
(Ord. passed 11-17-2020)