Chapter 6.10
STREET AND SIDEWALK VENDING
Sections:
6.10.010 Street and sidewalk vending – Permit required.
6.10.020 Street and sidewalk vending permit.
6.10.010 Street and sidewalk vending – Permit required.
A. No person may engage in the business of vending food on any street or sidewalk, except as authorized by a valid street and sidewalk vending permit, issued pursuant to WMC 6.10.020, or as provided in WMC 6.10.030.
B. Permits are required for each calendar year and are valid for operations from May 1st through September 30th.
C. No more than 10 permits may be issued and valid for vending during any calendar year. [Ord. 474 § 4, 1985.]
6.10.020 Street and sidewalk vending permit.
A. Applications to vend on a street or sidewalk will be accepted by the finance director, or his designee, beginning January 1st of each calendar year, in such form as he may prescribe. Permits shall be issued on a first-come, first-served basis. Applications shall be accompanied by a nonrefundable filing fee of $25.00. Upon issuance of a permit, the permittee shall pay a permit fee of $50.00 per month for each month or fraction thereof of the permit period applied for, payable on the first day of each month of the permit period. The application shall include a description of any vending cart or vending vehicle used in the business.
B. Each permittee must obtain at least $500,000 of public liability insurance naming the borough as an additional insured. Prior to beginning operation, a permittee must provide the borough with a broker’s certificate of insurance including provisions for notification to the borough if the policy is modified, cancelled or terminated.
C. A vehicle from which vending takes place is subject to parking and traffic regulations applicable to all other vehicles.
D. Vending carts may be located on public street parking spaces; provided, that the size, location, and operation of the cart will not create a safety hazard.
E. Vending carts may be located on public sidewalks; provided, that (1) the vending cart does not cause significant disruption of pedestrian traffic; (2) the vending cart does not block the view by pedestrians of advertising on a building or of goods displayed in a window of a business, unless the owner of the vending cart has obtained the permission of the affected business; or (3) the size, location, and operation of the vending cart will not create a safety hazard.
F. A vending cart may not exceed 15 square feet in plan area as measured squaring of all projections such as handles, wheels, and shelves. An umbrella or awning may be added, but its open diameter or length shall not interfere with the safe and convenient use of public sidewalks by pedestrians.
G. A vending cart shall be of such size and nature or so equipped that it may be moved quickly and easily by one person.
H. The permittee or his designee shall personally attend the vending cart while it is on a street or sidewalk.
I. The permit issued under this section shall be prominently displayed on the cart whenever the cart is on a street or sidewalk and shall be prominently displayed on any vehicle during the times the vehicle is used for vending.
J. The permittee shall obtain and display as necessary all permits and licenses required by the state.
K. Permittee must maintain the areas of operation in a neat and sanitary condition at all times.
L. A permittee, agent, employee, or designee may not engage in verbal advertisement, i.e., hawking, while vending on a street or sidewalk.
M. Vending permits may not be assigned or transferred.
N. Vending permits may be denied or revoked by the finance director or, in the absense of the finance director, by the borough clerk for violation of this section or upon the determination that the operation of the permittee is causing a safety hazard or a significant disruption of pedestrian or vehicular traffic. The permittee shall be given an opportunity to be heard by the finance director or in the absence of the finance director, by the borough clerk, before any denial or revocation. A person who permit is denied or revoked by the finance director or in the absence of the finance director, by the borough clerk, may appeal to the borough manager. [Ord. 474 § 4, 1985.]
6.10.030 Exemptions.
A. A permit is not required for occasional sidewalk vending by charitable and/or nonprofit organizations, such as 4th of July queen candidates, softball teams, and school activities. This section does not exempt charitable and/or nonprofit organizations from obtaining permits and licenses required by the state.
B. A charitable and/or nonprofit organization shall be required to vend in such a manner as to not interfere with the safe and convenient use of public sidewalks by pedestrians. [Ord. 474 § 4, 1985.]
6.10.040 Service area only.
The provisions of this chapter are applicable only in the service area defined in WMC 1.06.040. [Ord. 833 § 22, 2009.]