Chapter 5.25
STREET AND SIDEWALK VENDOR LICENSE
Sections:
5.25.030 License requirement, application, issuance, inspection, and revocation.
5.25.040 Exceptions to license requirements.
5.25.060 Submission requirements.
5.25.070 Performance standards.
Prior legislation: Ord. 906.
5.25.010 Purpose.
The City finds that vending of produce, prepared or prepackaged foods, goods, wares, and other services on public streets and sidewalks may pose unsafe conditions or danger to the public health, safety and welfare of the residents of Harrisburg. The purpose of this chapter is to provide persons who engage in street and sidewalk vending operations with clear and concise regulations to prevent safety, traffic and health risks and to preserve the peace, safety and general welfare of the public. [Ord. 948 § 7, 2016.]
5.25.020 Definitions.
“Mobile food vendor” means an individual who sells food or beverages from a mobile self-contained unit, and does not remain in one location for more than 120 minutes.
“Sidewalk cafe” means a business who offers food and drink for sale on a sidewalk abutting the physical location of the primary business.
“Street and sidewalk vendor” means an individual or operation that sells food, beverages, wares or goods from public property, including mobile food vendors and sidewalk cafes. [Ord. 948 § 7, 2016; Ord. 905 Exh. 1, 2012. Formerly 5.25.010]
5.25.030 License requirement, application, issuance, inspection, and revocation.
In addition to the requirements in Chapter 5.05 HMC, an application for a street and sidewalk vendor license shall comply with all of the criteria in HMC 5.25.050. [Ord. 948 § 7, 2016.]
5.25.040 Exceptions to license requirements.
The actions authorized by this section do not require a street and sidewalk vendor license.
1. In the C-1 zone, businesses may place planters and merchandise displays on sidewalks adjacent to their businesses, provided an ADA compliant pathway is maintained.
2. Businesses located in the C-1 zone, that do not sell food or beverages, may place chairs and tables adjacent to their businesses, provided an ADA compliant pathway is maintained. [Ord. 948 § 7, 2016.]
5.25.050 Review criteria.
A street and sidewalk vendor license shall comply with the following:
1. The applicant shall be subject to a criminal background check.
a. In considering the criminal background check, emphasis shall be given to any arrests or convictions of crimes of violence, sex offenses, narcotics, alcoholic beverage laws, and fraud.
2. The use of the right-of-way or public property does not interfere with existing utilities, pedestrian use, or pose a hazard to vehicular traffic. There is a pedestrian pathway meeting minimum ADA requirements, and the use will comply with applicable vision clearance requirements.
3. The proposed use of the City-owned property is consistent with the use for which the property was dedicated.
4. Except for a mobile food vendor, a self-contained vending unit shall not be more than 25 square feet, and may only operate at the location specified on the license.
5. The application shall comply with the applicable performance standards contained in this chapter. [Ord. 948 § 7, 2016.]
5.25.060 Submission requirements.
In addition to the requirements in HMC 5.05.070, an application for a street and sidewalk vendor license shall include:
1. A drawing or photograph of the proposed unit.
2. A copy of a valid government issued identification.
3. A complete list of all items the vendor proposes to offer for sale.
4. A provision that the applicant holds the City harmless.
5. Evidence of liability insurance at least equal to the City’s tort liability limits.
6. A damage deposit in an amount established by Council resolution. [Ord. 948 § 7, 2016.]
5.25.070 Performance standards.
1. A street and sidewalk vendors shall:
a. Except for sidewalk cafes, not sell merchandise within 300 feet of a permanent retailer that sells the same type of items. A license will not be revoked if a permanent retailer moves into a permanent building after a license has been issued for that calendar year.
b. Not provide patron seating, unless specified elsewhere in this chapter.
c. Not use a cooking system on public property, unless approved by the Harrisburg Fire District.
d. Not operate within the area of any permitted public event without permission of the event organizer.
e. Maintain the area within 25 feet of the vending activity free from litter and debris at all times. All litter and debris shall be disposed of in the licensee’s trash receptacles.
f. Clean all surfaces soiled by licensee’s use of the public property.
g. Not use the City’s storm drainage system to dispose of anything.
h. Not use electrical cords or generators.
i. Not block any public facilities, such as kiosks, ADA access, bike racks, and entrances to buildings or sidewalks.
j. Not place anything, including barricades or signs, on public property or rights-of-way without written City approval.
k. Only operate between the hours of 7:00 a.m. and 11:00 p.m.
2. A sidewalk cafe shall:
a. Only be located adjacent to a lawfully permitted food or beverage establishment.
b. Have written consent from the adjacent property owner.
c. Seating will be limited to 15 persons.
3. A mobile food vendor shall:
a. Move at least a quarter of a mile every 120 minutes.
b. Only operate in a self-contained unit. [Ord. 948 § 7, 2016.]
5.25.080 Transferability.
No transfer or assignment of a street and sidewalk vendor license shall be valid or permitted. [Ord. 948 § 7, 2016.]