6.350 Sales on Public Property

(1) Unless authorized by other provisions of this code, no person shall park or leave standing a vehicle, movable device, container, equipment or merchandise on a street, sidewalk, public right-of-way, or public off-street parking lot, for longer than five consecutive minutes in one location for the purposes of offering food or merchandise for sale without prior written approval of the council.

(2) Information required. Applications for a sidewalk vending permit shall be on forms provided by the City. The application shall include the following information:

(a) The name and mailing address of the applicant;

(b) A description of all products to be sold;

(c) A valid copy of all applicable health permits required by federal, state, or local authorities;

(d) A description of the cart to be used in conducting business, including scaled drawings or a photograph and proposed colors, including signage to be used;

(e) The number of carts proposed to be operated;

(f) List of all persons or employees operating the vending unit or preparing food to be sold from the vending unit and proof of a current food handlers permit if required by Jackson County; and

(g) Any other information deemed necessary to enforce this section.

(3) Departments’ review.

(a) All applications for sidewalk vending shall be referred to the Planning Department, Fire Department, Police Department, Building Department, and Public Works Department for review and compliance with applicable codes and ordinances. After review and recommendation, the application shall be referred to the City Manager or Manager’s designee for approval.

(b) Applicants must pay the City business license tax and pay an additional $300.00 permit fee per location. The $300.00 permit fee is good for ninety (90) days and may be renewed. If more than one applicant applies for a permit at a single location, the City will approve one permit only for each location by random selection.

(4) Approved cart. All sidewalk vendors are required to conduct their business from an approved cart.

(5) Location specified:

(a) Each fixed location permit shall specify the location where the cart is approved to be operated. No operation shall occur at locations other than the approved site.

(b) Sidewalk vending shall be limited to locations specified by the City Manager.  Approved locations are shown on the map included in the Sidewalk Vendor Permit Application Form.

(c) Hours of operation will be from seven o’clock (7:00) A.M. to ten o’clock (10:00) P.M., except that operations are permitted until two-thirty (2:30) A.M. on Saturdays and Sundays.  No carts shall remain on the sidewalk except during the above hours of operation.

(6) Separation distances. All carts shall maintain the following separation distances and shall be so located as to not constitute an obstruction to pedestrians or vehicles:

(a) Ten feet (10’) from a building entrance;

(b) Ten feet (10’) from a fire hydrant;

(c) Twenty feet (20’) along a curb from an intersection or driveway;

(d) Five feet (5’) of unobstructed sidewalk width.

(7) Size. A cart shall not be larger than four feet wide, nine feet long, and four feet high (4’ x 9’ x 4’) measured from the sidewalk. Canopies, umbrellas or awnings attached to the cart shall be permitted; provided that there is a minimum of seven feet (7’) vertical clearance to the sidewalk, the shading device does not extend more than two feet (2’) from the edge of the cart in any direction or exceed twice the surface area of the cart, and does not exceed a height of eight and one-half feet (8 ½’) measured from the sidewalk. The space between the four foot (4’) maximum cart height and the seven foot (7’) canopy or awning minimum clearance shall remain open except for transparent material used for siding.

(8) Signage. Only business signs painted directly on the cart or canopy shall be permitted. Signage shall not extend above the opaque sides of the cart or hang below the awnings of the cart.

(9) Product display. All displays, products and accessory items shall be contained within the cart. No product or accessory items shall be attached to the side or awning of the cart. No product or display shall be higher than four feet (4’) above the ground except for transparent devices used to prepare food, e.g., popcorn machines and hot dog warmers, which may not exceed seven feet (7’) in height measured from the sidewalk.

(10) Construction. Carts shall be constructed of wood, washable plastic, fiberglass or noncorrosive metal. All carts shall be painted. All carts shall be designed to be moveable by one person and shall have a minimum of two (2) rubber or rubber-like wheels as part of the cart for ease of movement.

(11) No sidewalk vendor shall:

(a) Leave any cart unattended;

(b) Store, park or leave any cart beyond hours of operation on any street or sidewalk;

(c) Sell from other than the approved location;

(d) Conduct sales at times other than herein permitted;

(e) Leave any location without first picking up, removing and disposing of all trash and refuse remaining within a fifteen foot (15’) radius. Each vendor shall be responsible for maintaining a fifteen foot (15’) radius around the cart clean of any trash or refuse.

(f) Solicit from or conduct business with any persons in motor vehicles located within any traffic lane on a public street;

(g) Use any noise-making or sound-producing device that calls attention to its operation;

(h) Unreasonably interfere with or obstruct the free flow of pedestrian traffic or access to businesses;

(i) Violate any federal, state or local ordinance, statute or regulation;

(j) Sell any items other than flowers, or prepared food in a ready-to-eat condition.

(12) Placement or operation of any street vending cart in violation of the provisions of this section is declared to be a public nuisance and may be summarily abated. The Police Department may cause the removal of any cart found on a public sidewalk in violation of this section and is authorized to store such cart until the owner shall redeem it by paying the reasonable removal and storage charges.

[Amd. Ord. No. 2002-159, Sept. 5, 2002; Amd. Ord. No. 2004-117, June 3, 2004; Amd. Ord. No. 2006-112, May 18, 2006; Amd. Ord. No. 2007-178, Aug. 16, 2007; Amd. Ord. No. 2008-228, Nov. 20, 2008; Amd. Ord. No. 2009-249, Nov. 19, 2009.]