Chapter 6.08
PUBLIC VENDING LICENSES

Sections:

6.08.020    Permit required.

6.08.030    Single location vendor permit.

6.08.040    Mobile vendor permit.

6.08.050    Short-term vendor permit.

6.08.060    Application for permit.

6.08.070    Permit conditions.

6.08.080    Operating requirements.

6.08.090    Revocation or suspension of permit.

6.08.100    Appeals from decisions of administration.

6.08.110    Remedies and penalties.

6.08.020 Permit required.

No person may offer for sale or sell goods or services of any type to the public on any city property or in any public right-of-way within the city, except in accordance with a vendor permit issued under this chapter. (Ord. 03-25 § 3, 2003: prior code § 9.12.020)

6.08.030 Single location vendor permit.

A.    A single location vendor permit will permit the holder to sell only food and nonalcoholic beverages at a single location that is specified in the permit.

B.    The public works director shall designate the spaces on city property where a vendor may locate under a single location vendor permit, and establish rules governing vendor operation for each area in which such spaces are designated. Only one single location vendor permit may be issued per designated space.

C.    A single location vendor permit is issued on or after January 1st of a calendar year, and expires on December 31st of the calendar year. A person may submit no more than one application for a single location vendor permit per designated space on or after January 1st for the calendar year. A person who holds a single location vendor permit may obtain up to two renewals of the permit for the same designated space by notifying the public works director of his or her intent to renew before January 1st of the next calendar year. If more than one person applies for a designated space before April 1st, and the prior year permit holder has not given timely notice of his or her intent to renew the permit for that space, lots will be drawn to determine the applicant to whom the space will be issued. After April 1st, single location vendor permits will be issued for available designated spaces on a first-come, first-served basis. No person may hold more than one single location vendor permit during a calendar year. (Ord. 03-25 § 4, 2003: prior code § 9.12.030)

6.08.040 Mobile vendor permit.

A.    A mobile vendor permit will permit the holder to sell only food and nonalcoholic beverages at more than one location, with the time of operation at a single location limited as stated in the permit.

B.    The public works director shall determine the number of mobile vendor permits that will be issued in a calendar year, the locations where mobile vendors may operate, and limitations on the time of operation at a single location.

C.    A mobile vendor permit is issued on or after January 1st of a calendar year, and expires on December 31st of the calendar year. A person may submit an application for a mobile vendor permit on or after January 1st for the calendar year. A person who holds a mobile vendor permit may obtain up to two renewals of the permit by notifying the public works director of his or her intent to renew before January 1st of the next calendar year. If more persons than the number of available permits apply for mobile vendor permits before April 1st, lots will be drawn to determine the applicants to whom permits will be issued. After April 1st, available mobile vendor permits will be issued on a first-come, first-served basis. (Ord. 03-25 § 5, 2003: prior code § 9.12.040)

6.08.050 Short-term vendor permit.

A.    A short-term vendor permit will permit the holder to sell only food and nonalcoholic beverages during a specified period not exceeding seven consecutive days, either at a single location that is specified in the permit or at more than one location, with the time of operation at a single location limited as stated in the permit.

B.    The public works director shall determine the number of short-term vendor permits that will be issued for the same time period. The public works director shall determine the locations where vendors may operate, and establish rules governing vendor operation, under short-term vendor permits. Short-term vendor permits will be issued for available time periods on a first-come, first-served basis. (Ord. 08-30 § 2, 2008)

6.08.060 Application for permit.

A.    A completed application for a vendor permit shall be submitted to the public works director for approval. Each application shall include:

1.    A one hundred dollar ($100.00) permit fee for a single location vendor permit under Section 6.08.030 or mobile vendor permit under Section 6.08.040, and a twenty-five dollar ($25.00) permit fee for a short-term vendor permit under Section 6.08.050;

2.    A certificate of insurance for a general liability insurance policy, in the minimum coverage amount of one hundred thousand dollars ($100,000.00) personal injury per occurrence and fifty thousand dollars ($50,000.00) property damage, naming the city and the Matanuska-Susitna Borough as additional insureds. The certificate shall provide that the city will be notified at least thirty (30) days before the policy is modified or terminated;

3.    Proof that the applicant has obtained or applied for all applicable permits, including but not limited to state, city and borough business licenses;

4.    A background check of the criminal history of the applicant, if the applicant is an individual, the person who is to manage the vendor operation, and each employee of the applicant who will be in contact with the public in the vendor operation, including felony charges, drug offenses, and sex offenses. If the applicant will operate a motor vehicle under a mobile vendor permit or a short-term vendor permit, the applicant must include a background check of motor vehicle violations; and

5.    Any additional information requested by the city. (Ord. 08-30 § 3, 2008: Ord. 03-25 § 7, 2003: prior code § 9.12.060)

6.08.070 Permit conditions.

A.    The public works director may issue a permit under this chapter subject to conditions, including, but not limited to:

1.    Designation of location, activity and scope of operation;

2.    Size of vehicle or sale apparatus;

3.    Holding valid state, city and borough business licenses; and

4.    Any additional requirements of the city.

B.    No permit will be issued to an applicant or to a business owned or controlled by any person who has been convicted of a felony, or a crime involving fraud, dishonesty, or deception, or child molestation or related crime.

C.    A permit issued under this chapter is not transferable.

D.    A person may sell goods or services to the public during an event sponsored by the city without a permit under this chapter, except as required by the public works director. A person who holds a permit under this chapter may not operate under the permit during an event sponsored by the city, except as permitted by the public works director. (Ord. 03-25 § 8, 2003: prior code § 9.12.070)

6.08.080 Operating requirements.

A.    The holder of a permit under this chapter shall comply with the following operating requirements:

1.    All permits and required licenses shall be displayed prominently while conducting permitted activities.

2.    Permit holders shall be responsible to the city for their actions, and those of their agents and employees while engaged in permitted activities.

3.    Permit holders and their agents and employees shall not obstruct traffic.

4.    Alterations or permanent improvements to the permitted areas are not allowed. Permanent signs shall not be displayed in connection with the permitted activity.

5.    No pets shall accompany any person engaged in permitted activities.

6.    Permit holders and their agents and employees shall comply with all local, state and federal laws applicable to their activities including but not limited to Section 12.24.025.

7.    Permit holders shall keep their permitted areas clean and neat. Litter shall be properly disposed of at least once a day.

8.    Permit holders shall promptly notify the city of any accident, injury or claim related to the permitted activity.

9.    Permit holders shall promptly notify the city in writing of any maintenance or repair needed in the permitted area or of any other condition which may constitute a health or safety hazard.

10.    Permit holders shall reimburse the city for any damage to city property caused by the permit holder, including the cost of litter abatement. (Ord. 08-30 § 4, 2008; Ord. 03-25 § 9, 2003: prior code § 9.12.080)

6.08.090 Revocation or suspension of permit.

A.    A permit may be revoked or suspended by the city if:

1.    False or misleading statements are made by the permit holder, agents or employees in conjunction with the application for the permit;

2.    The permitted activity has been operated in violation of any provision of applicable law, or the terms or conditions of the permit;

3.    The permit has been conveyed by the permit holder to another person; or

4.    The permit holder, agents or employees violate any provision of Chapter 12.24 or this chapter.

B.    A permit will be revoked if any owner or operator of a permitted business, or any agent or employee in contact with the public on behalf of the permittee, is or has been convicted of a felony or a crime involving fraud, dishonesty or deception, or child molestation, or related crime. (Prior code § 9.12.090)

6.08.100 Appeals from decisions of administration.

An appeal from a decision to refuse to issue, place conditions on, suspend or revoke a permit shall be made to the city council by filing a notice of appeal with the clerk within thirty (30) days of the issuance of a written decision. (Prior code § 9.12.100)

6.08.110 Remedies and penalties.

Remedies and penalties for violations of this chapter are as provided in Chapter 1.20. A total of three citations in one calendar year against a person holding a permit under this chapter shall result in the revocation of the permit. (Ord. 01-47 § 4, 2001: prior code § 9.12.110)