Chapter 5.48
SALES ON STREETS AND SIDEWALKS

Sections:

5.48.010    Purpose of provisions.

5.48.020    Permit—Required.

5.48.030    Permit—Issuance—Conditions and limitations.

5.48.040    Group permits—Conditions and limitations.

5.48.050    Permit—Hold harmless clause required.

5.48.060    Liability insurance.

5.48.070    Permit—Revocation—Appeal.

5.48.010 Purpose of provisions.

The council finds that the continued unrestricted use of the public sidewalks by merchants for the display of merchandise creates potential health and safety hazards. Council further finds the unrestricted display of merchandise on public sidewalks may have an adverse impact on the aesthetics of the city. It is the intent of the council to regulate sales on streets and sidewalks in order to insure the safe and unobstructed passage of all pedestrians and motorists using the public right-of-way. (Ord. 929 (part). 1982: prior code § 6800)

5.48.020 Permit—Required.

Except as otherwise provided in this chapter, it is unlawful in the city for any person to leave, or cause to be placed, any personal property upon any sidewalk, gutter, alley or street of the city, whether or not such property upon any sidewalk, gutter, alley or street of the city constitutes merchandise of any store, without first obtaining a city permit. The “personal property referred to in this section includes, but is not limited to, produce, merchandise, store boxes, store substances, or materials, signs or any other object or implement of any class, kind or character. This section shall not be construed to prohibit parking of automobiles where other wise allowed. (Ord. 929 (part), 1982: prior code § 6801)

5.48.030 Permit—Issuance—Conditions and limitations.

The community development director may issue use permits for sidewalk sales subject to the following conditions and limitations:

A. Applicants must be retail merchants possessing a valid city business license and having a fixed place of business within the city.

B. Each permit shall expressly provide that sidewalk sales shall be limited to Saturday during the hours of nine a.m. and five p.m.

C. Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant’s place of business.

D. Each permit shall expressly state that no obstruction shall be placed upon the public sidewalk extending in excess of four feet into the sidewalk from the front of any structure, provided that in all cases a minimum sidewalk depth of five feet from the curbing shall be kept clear of any obstruction.

E. Each permit shall be in effect for a period of twelve months from the time of issuance.

F. Each permit shall specify all signage to be used in the conduct of the sidewalk sale; provided, that in no circumstance shall any sign be allowed in excess of eight and one-half inches by eleven inches in size. Signage shall be allowed only for the purpose of stating the price of items or articles for sale.

G. The community development director may approve a permit subject to additional conditions as he or she finds reasonable and appropriate. (Ord. 929 (part), 1982: prior code § 6802)

5.48.040 Group permits—Conditions and limitations.

The community development director may issue group permits for area wide promotional sidewalk sales subject to the following conditions and limitations:

A. All permits shall be issued to a bona fide merchant association comprised of retail merchants having fixed places of business within the city and desiring to sponsor a special program, event or sale.

B. No permit shall be in effect for more than three consecutive business days.

C. Each permit shall describe the geographic area entitled to the group permit and expressly provide day or days and hours that such sale shall be allowed.

D. The use permit shall expressly state that no obstruction shall be placed upon the public sidewalk extending in excess of four feet into the sidewalk from the front of any structure; provided, that in all cases a minimum sidewalk depth of five feet from the curbing shall be kept clear of any obstruction.

E. The community development director may approve a permit subject to additional conditions as he or she finds reasonable and appropriate.

F. Each permit shall specify all signage to be used in the conduct of the sidewalk sale; provided, that in no circumstances shall any sign be allowed in excess of eight and one-half inches by eleven inches in size. Signage shall be allowed only for the purpose of stating the price of items or articles for sale. (Ord. 929 (part), 1982: prior code § 6803)

5.48.050 Permit—Hold harmless clause required.

A. Each permit issued for sidewalk sales shall include an agreement wherein the recipient of the permit agrees to hold the city harmless from liability arising from the conduct of such outdoor sales.

B. The permit shall state that:

The recipient of this permit thereby agrees to hold the City harmless from, to defend the City against, and to indemnify the City from all claims, demands, and suits made against the City, its officers, or its employees, including attorney’s fees and court costs incurred by the City arising from any act or omission on the part of the recipient, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the recipient, in the prosecution of sales upon the sidewalks or any portion thereof.

(Ord. 929 (part), 1982: prior code § 6804)

5.48.060 Liability insurance.

Each permit issued for sidewalk sales shall include an agreement wherein the recipient of the permit agrees to indemnify the city from any liability arising from the conduct of such outdoor sales, and shall name the city as an additional insured on an insurance policy, to the approval of the city attorney. (Ord. 929 (part), 1982: prior code § 6805)

5.48.070 Permit—Revocation—Appeal.

A. Any permit issued may be revoked by the community development director and the privileges granted thereunder terminated (1) in the event the community development director finds and determines, in his or her sole discretion, any permittee has failed to abide strictly with the conditions of the permit, or (2) in the event the community development director determines that continued exercise of the privileges granted under this chapter may be detrimental to the public health, safety and welfare.

B. Revocation by the community director of any permit is appealable to the council, upon written notice of appeal to be filed with the city clerk. The appeal shall be filed with the city clerk within ten calendar days of receipt of notice by the holder of the permit that the permit has been revoked. (Ord. 929 (part), 1982: prior code § 6806)