Chapter 5.20
RESTRICTED BUSINESSES AND CERTAIN OTHER ACTIVITIES ON MUNICIPAL PROPERTY
Sections:
5.20.010 Commercial solicitation and off-premises canvassing.
5.20.020 Commercial use of municipal trail prohibited.
5.20.030 Mobile food units and mobile retail units.
5.20.040 Panhandling restricted.
5.20.010 Commercial solicitation and off-premises canvassing.
A. This section is based on the following findings and purposes:
1. Because of the proliferation of the off-premises solicitation locations, particularly within the historic district, 2nd Avenue east of Broadway, Congress Way and Broadway south of 1st Avenue, and the fact that the volume of such activities has resulted in complaints by pedestrians and tourists about the aggressive and persistent actions of such persons attempting to engage them in a conversation in order to consummate a business transaction, it is the intent of this section to preserve and protect the unique charm and small town character of the historic district, which serves as a major attraction to thousands of tourists each year.
The municipality is committed to maintaining its small town historic character, scenic beauty and natural resources, which are the foundation of its economic strength and quality of life. These essential components of the municipality’s attractiveness to residents and visitors have been severely impaired by the practice of aggressive off-premises canvassing, particularly as practiced in the central tourist destination of Skagway’s historic district, 2nd Avenue east of Broadway, Congress Way and Broadway south of 1st Avenue.
This section is therefore directed solely to the regulation of the time, place, and manner of certain limited forms of commercial speech with the general goal of requiring that person-to-person solicitation activities in the historic district, 2nd Avenue east of Broadway, Congress Way and Broadway south of 1st Avenue be confined to enclosed structures or on the actual business premises of the soliciting entity. This section is not intended to regulate any form of speech other than speech designed to do no more than propose a commercial transaction.
Given the unique commingling of both public and privately owned sidewalks throughout the historic district which are equally accessible without restriction by tourists and pedestrians, the purposes of this section can only be made effective if the restrictions contained herein are applied to both public and private sidewalks and open space.
2. Tourism is essential to the municipality’s fiscal strength. Skagway’s friendly, small town, historic environment has played a substantial role in making it an attractive tourist destination. In 2002, it is estimated that approximately seventy million dollars ($70,000,000) in retail sales was attributable to visitor spending, and taxable visitor retail, lodging, and service industry expenditures were approximately eighty-seven million five hundred thousand dollars ($87,500,000) representing over eighty percent (80%) of all taxable expenditures in these categories. In fiscal 2001--2002, the municipality collected approximately one hundred forty-one thousand dollars ($141,000) in bed taxes and three million five hundred thousand dollars ($3,500,000) in city municipal sales tax. Tourism is also the municipality’s leading employer, accounting for five hundred (500) jobs. Because the historic district is a critical component of the municipality’s entire sales tax base, this section is further designed to protect the economic viability of this area by ensuring a pleasurable outdoor shopping experience uninhibited by repeated personal sales solicitations for the thousands of tourists who visit the area each year.
3. This section is further designed to:
a. Protect local residents and visitors against unreasonable interference or disturbance of their peace or obstruction of their free travel on municipal streets and sidewalks within the historic district, 2nd Avenue east of Broadway, Congress Way and Broadway south of 1st Avenue from the conduct of off-premises canvassing solicitors.
b. Ensure that persons engaging in off-premises canvassing do not misrepresent the nature of the products that they are promoting or the identity of the business that is promoting the products and to provide a means for regulating such activities and enforcing the provisions of this section.
B. Definitions.
1. "Business" shall mean any commercial activity in which any goods, services, tours, or edibles are sold or offered for sale or for rent within the corporate limits of the municipality.
2. "Enclosed structure" shall mean a structure having a roof and supported by column or walls. Enclosed structure does not include any sidewalks under a roofed area.
3. "Goods" shall mean any tangible item, including edibles.
4. "Off-premises canvassing" or "OPC" shall mean person-to-person efforts solely intended to interest pedestrians in or solicit the participation of pedestrians in commercial transactions for private profit with a business, except when done entirely within an enclosed structure.
5. "OPC employer" shall mean any business or other person who directly hires or otherwise contracts with an OPC solicitor to conduct OPC activities on its behalf.
6. "OPC solicitor" shall mean any person engaged in off-premises canvassing.
7. "Product" shall mean the products, tours, goods, edibles or services sold or offered for sale or rent.
8. "Historic district" shall mean that area designated on the "Municipality of Skagway Official Zoning Map," generally described as that area along Broadway between 1st Avenue and 7th Avenue including all or portions of Blocks 1, 2, 3, 4, 22, 23, 24, 25, 26, 27, 35, 36, 37 and portions of the Mill Lot, Pullen Tract and the Courthouse Reserve.
9. "Sidewalk" shall mean any outside walkway, public or private, used by pedestrians.
10. "Street" shall mean all that area dedicated to public use for public street purposes and is within the jurisdiction and control of the municipality of Skagway and shall include, but not be limited to, public roadways and alleys.
C. Limitations on Off-Premises Canvassing Activity.
1. No person shall engage in off-premises canvassing within the historic district, 2nd Avenue east of Broadway, Congress Way or Broadway south of 1st Avenue except within a building constructed or maintained within the purposes of the Skagway Municipal Code or in an area approved in writing by the borough manager in accordance with the standard set forth in subsection (C)(3) of this section, for the purpose of selling or offering for sale any goods or services of any kind for private profit.
2. When the mayor declares a designated fair or festival to occur on specified dates, he may select specified segments of designated streets to be closed to other than pedestrian traffic during the festival or fair and may authorize permits allowing booths, carts, stands, or other temporary shelters from which artisans, vendors, and others may show and offer for sale items appropriate to the theme of the festival or fair. Such permits shall be valid only for the duration of the festival or fair, and shall be effective only within the segment of street specified in the permit and for the type of use stated on the face of the permit.
3. The manager shall issue authorization upon proof by the applicant in writing that the area proposed for vending is at least two hundred (200) square feet in size and not so situated as to cause sidewalk obstructions, impede traffic, or interfere with traffic lines of sight. Applicant shall retain a copy of this letter at all times while vending.
D. Specific Prohibitions and Appropriate Conduct.
1. In addition to the provisions of any other applicable term of this chapter, it shall be considered unlawful and a violation of this article for an OPC solicitor to:
a. Throw, place or deposit solid waste, litter, paper, documents or handbills on any street or sidewalk.
b. Intentionally inflict emotional distress by verbal or physical harassment or coercion on any person.
c. Misrepresent in any way the price, quality or nature of the product being promoted.
d. Misrepresent the source or sponsor of any information offered or provided.
e. OPC solicitors shall conduct themselves in accordance with the following standards:
(i.) No OPC solicitor shall touch a person without consent during a solicitation.
(ii.) No OPC solicitor shall solicit using any offensively loud sound, vociferous speech, boisterous conduct or profane or vulgar language.
(iii.) No OPC solicitor shall solicit an occupant of a vehicle in a public street whether the vehicle is moving, stopped, or parked.
2. It shall be considered unlawful and a violation of this article for an OPC solicitor, or anyone engaging in or attempting to engage in a commercial transaction for private profit that is related solely and exclusively to the seller’s economic interest, to interfere with or obstruct the free travel or passage of any pedestrian on any street or sidewalk or obstruct any person’s free movement or access to or from any public street or sidewalk for the primary purpose of selling or offering for sale any goods or services of any kind for private profit.
E. Violations and Penalties.
1. Any responsible OPC employer and each responsible OPC solicitor shall be jointly and severally liable for any violations of this chapter.
2. For violations of this chapter refer to Chapter 1.20, General Penalty. Violations of this chapter are subject to civil fines established by resolution.
(Ord. 17-13, Amended, 09/21/2017; Ord. 14-12, Amended, 06/19/2014; Ord. 11-13, Amended, 07/07/2011; Ord. 03-22, Amended, 07/17/2003; Ord. 03-10, Repealed & Replaced, 05/01/2003; Ord. 2001-01, Amended, 01/18/2001; Ord. 96-2 (part), Added, 01/18/1996)
5.20.020 Commercial use of municipal trail prohibited.
It is the intent of this code to protect the public use and enjoyment of the municipal trail system from the incursion of commercial activity. This trail system is in itself a unique and pristine environment, the enjoyment of which will be diminished by commercial activity.
A. No person, agency or business shall conduct commercial tours on any trail maintained by the municipality of Skagway, nor sell, or offer for sale, anything upon this trail system.
For purposes of this section, commercial tours shall be defined as any group larger than one (1) that is being guided on any municipality of Skagway Trail, for any form of compensation. Tours offered by any employee of any commercial venture, including, but not limited to, cruise line employees, and included in the price of that venture shall be considered commercial tours.
B. For purposes of this section, trails maintained by the municipality of Skagway include the Dewey Lakes Trail System, Yakutania Point Trail System, AB Mountain Skyline Trail, the Lost Lake Trail and the West Creek Trail from the slide to the back valley.
C. Exemptions. Interpretive programs offered by local, state or federal land management agencies, nonprofit youth organizations, training sponsored by or subscribed to by local emergency response agencies, or recreational events with a permit shall be exempted from this section.
(Ord. 17-13, Amended, 09/21/2017; Ord. 11-13, Amended, 07/07/2011; Ord. 2002-17, New, 08/15/2002)
5.20.030 Mobile food units and mobile retail units.
A. Pushcart Food Service Units and Pushcart Retail Service Units Prohibited. Pushcart food service units and pushcart retail service units are prohibited within the borough, except when authorized under Section 5.20.010(C)(2).
B. Mobile Units Prohibited within Off-Premises Canvassing Areas. Mobile food units and mobile retail units are prohibited within the areas described in Section 5.20.010(C)(1), except when authorized under Section 5.20.010(C)(2).
C. Mobile Food Units and Mobile Retail Units Prohibited on Municipal Property. Mobile food units and mobile retail units are prohibited on municipally owned property, except when authorized under Section 5.20.010(C)(2). Where a vendor is located on private property, the mobile food unit or mobile retail unit shall be set back from any public sidewalk so as not to interfere with pedestrian traffic.
D. Adjacent Structures. Structures shall not be attached or affixed to a mobile food unit or mobile retail unit. Mobile food units and mobile retail units shall be set back by five feet (5') from any adjacent buildings and any adjacent mobile food unit or mobile retail unit.
E. Utilities/Services. Garbage service is required. The site that the unit is operating upon must be maintained in accordance with Title 8 (Health and Safety), Title 9 (Public Peace, Safety and Welfare), and Title 13 (Public Utilities).
F. Restrooms Required. Whenever seating is provided, the number and location of restrooms required for a mobile food unit or mobile retail unit shall match the requirements for restaurant- or mercantile-type occupancies in accordance with the adopted building codes (see Chapter 15.02 for adopted building codes).
G. Licenses and Permits Required. Any and all licenses and permits required by federal, state and local laws must be obtained and displayed prior to and during operation. This includes a municipality of Skagway business license and all permits required by the state of Alaska’s Department of Environmental Conservation Division of Environmental Health for food safety and sanitation.
H. Qualification. A mobile food unit or mobile retail unit shall be considered as such only if the unit is capable of moving easily on a daily basis and is mounted on a chassis and wheels and is registered with the state of Alaska’s Division of Motor Vehicles. Structures placed on a foundation, temporary or permanent, are required to apply for a development permit and comply with the applicable building codes per Chapter 15.02 as well as all applicable federal and state permits. All permits that are required to be posted on the premises and visible to the public shall be posted on the unit, adjacent to the sales counter and/or cash register.
I. Appearance. It is unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any mobile food unit or mobile retail unit that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any mobile food unit or mobile retail unit shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the unit exterior becomes otherwise dilapidated.
J. Penalty. For violations of this section, refer to Chapter 1.20, General Penalty. Violations of this section are subject to civil fines established by resolution.
(Ord. 17-13, Amended, 09/21/2017; Ord. 15-16, Added, 07/06/2015)
5.20.040 Panhandling restricted.
A. As used in this section, "panhandling" means any solicitation made in person upon any street, sidewalk, public place, or park within the borough, in which a person requests an immediate donation of money or other gratuity from another person, and includes but is not limited to seeking donations:
1. Where the person being solicited receives an item of little or no monetary value in exchange for a donation, under circumstances where a reasonable person would understand that the transaction is in substance a donation.
B. It shall be unlawful to engage in an act of panhandling when either the panhandler or the person being solicited is located in any of the following locations:
1. The municipality of Skagway.
C. It shall be unlawful to engage in an act of panhandling in an aggressive manner, including any of the following actions:
1. Touching the solicited person without the solicited person’s consent;
2. Blocking the path of a person being solicited, or the entrance to any building or vehicle;
3. Following behind, ahead, or alongside a person who walks away from the panhandler after being solicited;
4. Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled; or
5. Panhandle in a manner that obstructs pedestrian or vehicular traffic. As used in this section, "obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. Acts authorized as an exercise of one’s constitutional right to picket or to legally protest, and acts authorized by a municipal permit, shall not constitute obstruction of pedestrian or vehicular traffic.
D. Penalty. For violations of this section, refer to Chapter 1.20, General Penalty. Violations of this section are subject to civil fines established by resolution.
(Ord. 17-13, Added, 09/21/2017)
5.20.050 Busker permits.
A. Purpose. The purpose of allowing buskers is to provide a public amenity that may enhance the vibrancy, vitality, and ambience of the municipality. The municipality seeks to allow such performances to the extent that they do not interfere with the reasonable expectations of residents to the enjoyment of peace and quiet of their homes and access to their homes; business owners and their customers access to their businesses; and public safety, including congestion.
B. Definitions.
1. "Busker" is a street performer who may do balloon twisting, card tricks, clowning, comedy, contortions, dancing, singing, juggling, magic, mime, a mime variation where the performer is a living statue, musical performance, visual arts, and puppeteering.
2. "Busking" or "street performance" is the practice of performing in designated areas, for gratuities or otherwise for free.
3. "Permittee" means the person who obtains a municipal permit to perform.
C. Permits Required.
1. The busker who desires to use the public ways of the municipality shall first apply to and obtain a permit from the Skagway visitor department. Such permit shall in each instance state the occasion for which it is issued and the date upon which it will expire and shall be in addition to any other tax or license to which the permittee may be liable.
2. This permit may be obtained through the Skagway visitor department and may take up to seventy-two (72) hours for processing.
3. The application shall state the true, lawful, and complete name, contact number, and mailing address of the permittee.
4. All permit applicants must have a current state-issued identification or driver’s license.
D. Issuance of Permit/Identification Badge.
1. All buskers are required to secure a permit/identification badge from the Skagway visitor department.
2. The cost of a permit/identification badge shall be set by resolution.
3. Upon the approval of a permit by the Skagway visitor department, the applicant shall be issued a permit/identification badge in accordance with this chapter. The badge shall be conspicuously displayed on the permittee at all times.
E. Permitted Areas.
1. Permittees are allowed to be in Centennial Park and in Pullen Creek Shoreline Park.
2. Signs mark the areas in which buskers can stand at each permitted area, and the number on the sign corresponds to the number of performers that can perform at each permitted area at one (1) time. The busker may perform a maximum of four (4) consecutive hours per location. Breaks are also included within the four (4) hour limit.
3. Business owners cannot give permission to a busker to use the public right-of-way outside of their business.
4. All areas are first-come, first-served. It should be noted that the municipality may set up prohibitive zones that will be free of permittees at its discretion and may do so at any time.
F. Maintenance of Location. Permittees shall keep the sidewalk, streets, or other public places adjoining and adjacent to their locations clean and free from any refuse caused by them or generated from their performance or operation.
G. Restrictions.
1. No permittee shall use a knife, sword, torch, flame, axe, saw, firearm, or other hazardous or potentially hazardous material, equipment, animal, or object that can cause serious bodily harm to any person.
2. A permittee shall be liable for any and all damages or injury to any person, including death, and for any and all damages to property, caused by or arising out of their activities, and shall defend, indemnify and hold harmless the municipality of Skagway, its public officials, employees, representatives and volunteers against any and all liability, loss, costs, damages, or expenses of any kind and any nature, including death, which may be incurred by or to which the municipality may be subject arising out of any action or omission of any permittee.
3. The municipality of Skagway recommends that permittees obtain their own personal liability and accident insurance. The permittees are not covered by any insurance of any kind of the municipality.
4. Due to the historic nature of the area, amplification of sound is not allowed.
5. At no time shall a permittee make an oral solicitation or harass the public to pay for any performance.
6. Permittees may only receive voluntary donations from the public.
7. Any operation deemed as: interference with vehicular traffic; interference with pedestrian traffic; interference of public amenities; obstructing; disturbing; obscene; dangerous or damaging to public property; shall be removed immediately by such permittee upon the request of any authorized officer, in their sole discretion.
8. Selling or promoting tours or private businesses is strictly prohibited.
9. The selling of merchandise is strictly prohibited. Networking for noncommercial purposes is allowed.
10. Hours of Operation. The hours a permit holder is allowed to perform is Sunday through Saturday, 9:00 a.m. to 7:00 p.m.
H. Violations.
1. If a permittee is in violation of the rules contained in this chapter, their permit may be suspended for a period of thirty (30) days for the first offense.
2. For the second violation, the permit will be suspended for a period of ninety (90) days.
3. Any further violations will result in permanent revocation.
4. Any permit holder found to be under the influence of alcohol, marijuana or any controlled substance, and/or drinking alcohol or using any controlled substance while busking will forfeit their permit immediately. The permit holder may reapply for a permit after thirty (30) days. If the permit holder is found acting in disorderly conduct toward anyone, drinking alcohol, or using any controlled substance a second time, the permit will be permanently revoked.
5. Permits may be taken by any municipal official if the permittee is found in violation of this chapter, in their sole discretion.
6. Revocation of a permit may be exercised by the borough manager or his designee, and/or Skagway police department.
7. Any busker who performs without a permit as required by this chapter shall be subject to a civil fine established by resolution.
I. Appeals. If the permittee wishes to file an appeal to the revocation process, the permittee must file a written request within five (5) calendar days with the tourism director specifying the reasons for the appeal from the date appearing on the violation notice. The hearing shall be held before the tourism director or their designee. The decision of the tourism director or their designee shall be final.
(Ord. 23-10, Amended, 04/20/2023; Ord. 17-13, Added, 09/21/2017)