(A) Definitions. For the purposes of this section, "stand" means any group of tables, showcase, bench, rack, pushcart, wagon, or any other wheeled-vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the State Department of Motor Vehicles, used for the displaying, storing, or transporting of articles offered for sale by a vendor.
(B) Permit required.
(2) Vending will only be permitted in certain public parks and recreation facilities as determined by the Mayor or designee.
(3) If the event or activity involves the sale of food and/or beverages, such sales shall comply with all rules and regulations applicable to such sales according to the local health department or the Montana Department of Health and Human Services.
(4) All vendor stands, carts, tables, or signage, etc., associated with the display or sale of merchandise, etc., shall file with the City a copy of a valid liability insurance policy which covers damage or injury associated with the stand, cart, table, or signage.
(5) The issuance of a permit does not mean the City has assumed any responsibility for any stand, cart, table, display, or signage associated with a vendor within a City park or facility, and the vendor shall hold the City harmless from any claims filed as a result of any activity associated with the permit.
(6) Vendors participating in events such as the Farmer's Market shall comply with vendor license requirements and permits issued through the organization. Such compliance does not exempt a vendor from applicable fees, costs, liabilities, or obligations in the event a vendor is found in non-compliance with or in violation of any applicable requirements under this code.
(C) Prohibited conduct.
(1) No vendor shall:
(a) Leave any stand unattended;
(b) Store, park, or leave any stand overnight in any park, facility, or public land;
(c) Sell food or beverages for immediate consumption unless they have available for public use their own or a public litter receptacle which is available for their patrons' use and follow all applicable state health code regulations;
(d) Leave any location without first picking up, removing, and disposing of all trash or refuse remaining from sales made by the vendor;
(e) Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand.
(2) Any vendor violating these requirements may have their permit revoked and/or may be liable for clean-up or other costs resulting from their violation.
(D) Vendor(s) may set up and maintain the use of any table, crate, cart, rack, or any other device to increase the selling or display capacity within the area of their stand provided their application identifies these uses and it is approved.
(E) Denial, suspension, and revocation.
(1) The Mayor may deny any application for a permit and may suspend or revoke the permit of any vendor for any of the following causes:
(a) Fraud or misrepresentation contained in the application for the permit;
(b) Fraud or misrepresentation made in the course of carrying on the business of vending;
(c) Conduct of the licensed vendor which creates a public nuisance, or constitutes a danger to the public welfare, morals, health, and safety, including, but not limited to, fire hazards, safety hazards and obstructions to vision, traffic, or pedestrian movement;
(d) Failure to comply with the provisions of this Chapter;
(e) Failure to comply with all conditions of the permit.
(2) From the date of denial, suspension or revocation, the vendor shall have ten calendar days in which to submit a written notice appealing such denial, suspension, or revocation to the City Council. The City Council shall hear and rule on the appeal no later than the second regularly scheduled meeting of the council following filing of the notice of appeal. The City Clerk/Treasurer shall schedule the hearing when the notice of appeal is received.
(Ord. 2024-2, passed 7-1-2024)