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In addition to the rules applicable to all sidewalk vendors in § 10.180.050, the following rules shall specifically apply to stationary sidewalk vendors and stationary mobile vendors:
(A) All stationary vendor stands and stationary mobile vending units shall have refuse receptacles large enough to contain all refuse generated by the operation. The operator shall pick up all refuse generated by such operation within a 50-foot radius at the close of the day's operation and all refuse shall be disposed of at an approved solid waste facility.
(B) No vehicle or stationary vendor stand used for stationary sidewalk vending or stationary mobile vending shall remain on public property during non-operating hours. Overnight parking of mobile vending vehicles on a public street, alley, or private property that does not meet the definition of a commissary in accordance with the California Retail Food Code (Cal. Code) is prohibited. Hours of operation for all stationary vendor stands or stationary mobile vending shall be limited to the hours of operation of the business located on the property from which they operate.
(C) Vending shall not be allowed on any required parking spaces or private driveways.
(D) Vendors shall not remove, destroy or interfere with any required on-site landscaping.
(E) Vending may only occur on paved surfaces.
(F) For stationary mobile vendors, restroom facilities with running water and which are connected to the city's wastewater system shall be readily available during hours of operation.
(G) Stationary mobile vendors shall maintain 500 feet of separation between businesses possessing an on-sale ABC license.
(H) Stationary mobile vendors shall maintain 300 feet of separation between an adjacent stationary mobile vendor.
(Ord. 19-07, passed 11-19-2019)
(A) Stationary sidewalk vendors. Applicants for a sidewalk vendor permit shall submit a written application to the Community and Economic Development Director on a city form. The application shall be accompanied by a fee, based on the costs of the application and set by the City Council in resolution. All sidewalk vendor applicants must submit the sidewalk vendor permit application, copies of insurance certificates, listing the City of Tulare as additional insured that meet the same insurance requirements for encroachment permits to operate within the City of Tulare public right-of-way. The vendor encroachment permit is part of the vendor permit issued to sidewalk vendors and is not a separate permit, and shall include a proposed site plan showing the planned location and what will be utilized by the stationary vendor in the public right-of-way as the stationary cart/stand. The city may reject stationary vendor site plans that do not allow adequate space for pedestrian access. Stationary sidewalk vendors must acknowledge that they are not permitted to permanently install anything within the public right-of-way and that they do not have permanent rights to utilize public property and are subject to temporary or permanent closure if the city requires the use of the right-of-way for a municipal purpose, which includes but is not limited to usage of the space by persons holding valid rights under franchises, or if another permitted use, other than another sidewalk vendor, requires the space on a temporary basis. Any stationary vendor seeking to utilize park property will also be subject to review by the Parks and Recreation Director, or that person's designee. Vendor permit applications on park property are subject to denial if the proposed location would interfere with the public's use and enjoyment of natural resources or recreational opportunities, such as blocking equipment, sports fields, or walkways. Vendor permit applications on park property may also be denied if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users. The Community and Economic Development Director, or his or her designee and the City Engineer, or his or her designee, shall review the application and the proposed site plan prior to issuance and may require modifications of specific site proposals to meet objective health, safety, or public welfare concerns. A permit shall be granted if it is determined that: the proposed display and sale and proposed location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk.
(B) Stationary mobile vending. Where a person desires to have a stationary mobile vending unit, the applicant shall obtain a conditional use permit pursuant to Tulare Municipal Code Chapter 10.116.
(C) Roaming sidewalk vendor. In addition to the permit process applicable to stationary sidewalk vendors in § 10.180.080(A), applicants intending to be roaming sidewalk vendors shall include the proposed areas of the city that the vendor intends to operate within. Roaming sidewalk vendors are not permitted on private property without the written permission of the property owner. Roaming vendors seeking to utilize park property will also be subject to review by the Parks and Recreation Director or that person's designee, and vending in certain parks or park locations may be denied or restricted, including limiting the total number of roaming vendors allowed in a specific park, if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, including negatively impacting the public welfare of park users.
(Ord. 19-07, passed 11-19-2019)
Sidewalk vendor permits are an interruptible or terminable privilege. The city shall have the right and power, through the City Manager or his or her designee, to prohibit the operation of a stationary vendor stand at any time because of anticipated or actual problems or conflicts in the use of a public area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, or parades or marches, or repairs to the street or sidewalk, or from demonstrations or emergencies occurring in the area.
No sidewalk vendor permits shall be issued for any location: 1) owned by the city other than the pedestrian right-of-way; or 2) the area east of the Union Pacific Railroad, west of O Street, north of (and including) Inyo Avenue and south of (and including) the parcels north of Cross Avenue due to an increased and significant risk of pedestrian and vehicular traffic conflicts in order to preserve public health, safety and welfare.
This shall not apply to any city-approved events in these areas or to businesses which have obtained a permit under Title 10, Chapter 184.
(Ord. 19-07, passed 11-19-2019; Ord. 2022-05, passed 4-27-2022)
No permit shall be issued unless the applicant furnishes proof to the city of a public liability bond or insurance policy in an amount not less than $1,000,000 for property damages and injury, including injury resulting in death, caused by the operation of the vending business. Said insurance bond shall name the City of Tulare, its employees, officers, and agents as additional insureds.
(Ord. 19-07, passed 11-19-2019)
A sidewalk vendor permit may be revoked by the City Council, following written notice to the permittee, if one or more of the conditions of the permit or of this chapter have been violated or if the stationary sidewalk vendor stand is being operated in a manner which constitutes a nuisance, or unduly impedes or restricts the movements of pedestrians. Following revocation, the former permit holder shall not be eligible to file for a new permit application for a period of six months.
(Ord. 19-07, passed 11-19-2019)
An applicant or any other interested party may appeal the granting, denial, or revocation of a permit application. Such an appeal may be made, in writing, within ten days of the decision and shall be filled with the City Council. The Council shall hold a public hearing on any such appeal.
(Ord. 19-07, passed 11-19-2019)
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