Chapter 5.28
STREET VENDORS
Sections:
5.28.010 Definition.
5.28.020 License required – Fees – Issuance.
5.28.030 Insurance.
5.28.040 Inspection and permits.
5.28.050 Pushcart size.
5.28.060 Sanitation.
5.28.070 Areas for street vending.
5.28.080 Method of operation.
5.28.090 Prohibition.
5.28.110 Violation – Penalty – Abatement – Revocation.
5.28.010 Definition.
As used in this chapter, “street vendor” means any person who travels from street to street upon public rights-of-way with food, beverages, flowers, balloons or similar items and offers them for sale from a nonmotorized mobile type device such as a pushcart or like conveyance. (Ord. 82-4 § 1)
5.28.020 License required – Fees – Issuance.
A. No person shall operate as a street vendor without a street vendor license as provided in this chapter.
B. The annual license fee shall be in an amount set by the city council for the cost of administering this licensing program, and such fee shall not be refunded if a license is not issued.
C. The annual license fees of this chapter are in addition to the city occupation tax, and street vendors shall comply with all provisions of the occupation tax ordinance (Chapter 5.04 LCMC).
D. Licenses shall be issued by the planning department after compliance with this chapter by the applicant. (Ord. 2001-11 § 2; Ord. 93-6 § 1; Ord. 82-4 § 2)
5.28.030 Insurance.
An applicant shall obtain and file with the city a certificate showing a public liability, food products liability and property damage insurance policy protecting the licensee and the city from all claims for damage to property or bodily injury, including death, which may arise from operations under the license. The insurance shall provide coverage of not less than $200,000 for bodily injury for each person, $500,000 for each occurrence, and property damage of not less than $500,000 per occurrence. The insurance shall be without prejudice to other coverage and shall name as additional insureds the city of Lincoln City, its officers and employees, and shall further provide that the policy shall not terminate or be canceled without 30 days’ written notice to the city. (Ord. 93-6 § 2; Ord. 82-4 § 3)
5.28.040 Inspection and permits.
A. Prior to issuance of a street vendor license the building official and the State Fire Marshal shall inspect each pushcart. The building official shall certify that the device is structurally and mechanically sound, the design will not create a nuisance or hazard to the public and the size of the cart meets the requirements of LCMC 5.28.050. The State Fire Marshal shall certify that any cooking or heating apparatus is in conformance with the provisions of applicable fire codes.
B. No person shall be issued a street vendor license unless he submits with his application proof that all health and sanitary permits required by the state and county have been obtained. (Ord. 82-4 § 4)
5.28.050 Pushcart size.
The size of a street vendor cart shall not be greater than four feet in width and eight feet in length. (Ord. 93-6 § 3; Ord. 82-4 § 5)
5.28.060 Sanitation.
All utensils and equipment used by a licensed street vendor shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by state law and county ordinance and regulations adopted pursuant thereto. (Ord. 82-4 § 6)
5.28.070 Areas for street vending.
A. Street vendors may operate on:
1. Private property zoned general commercial, recreation-commercial, Oceanlake plan district, Taft village core and Nelscott plan district (NBD and NBMU subcategories).
2. City parks, the community center, the 51st Street turnaround, and public rights-of-way in general commercial, recreation-commercial, Oceanlake plan district, Taft village core, and Nelscott plan district (NBD and NBMU subcategories).
B. Street vendors shall not operate within:
1. Any part of Kirtsis Park and Ballfield which is north of NW 22nd Street;
2. State of Oregon parks or waysides, unless granted a permit by the Parks Division of the Oregon Department of Transportation. (Ord. 2008-21 § 4; Ord. 93-8 § 1; Ord. 82-8; Ord. 82-4 § 7)
5.28.080 Method of operation.
A. No street vendor shall have an exclusive right to any location.
B. No street vendor shall occupy any area within 10 feet of a crosswalk, alleyway or building doorway.
C. Pushcarts shall be located on the sidewalk as close as safely possible to the curb, and no street vendor shall obstruct or impede vehicle or pedestrian traffic.
D. Street vendors shall pick up any paper, cardboard, wood, or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street within 25 feet of a pushcart at any time it is in a stationary position and the street vendor is conducting business, and shall be responsible for the disposal of same.
E. No street vendor shall make any loud noise for the purpose of advertising or attracting attention to his wares.
F. No pushcart shall be left unattended.
G. No street vendor who serves food shall occupy an area within 50 feet of a customer entrance of a restaurant unless the pushcart is operated from private property owned by the licensee. (Ord. 93-8 § 2, 3; Ord. 82-4 § 8)
5.28.090 Prohibition.
No person shall demand any pecuniary benefit from a street vendor in return for allowing a vendor to locate adjacent to a business in a public right-of-way. As used in this section, “pecuniary benefit” includes property and any other commercial interest. (Ord. 82-4 § 9)
5.28.110 Violation – Penalty – Abatement – Revocation.
A. Any street vendor who violates any of the provisions of this chapter commits a civil infraction. Any such infraction shall be punished under the provisions of Chapter 1.16 LCMC as a Class B civil infraction.
B. Each day’s violation of a provision of this chapter constitutes a separate offense.
C. Any violation of this chapter is deemed a nuisance. The abatement of such a nuisance is in addition to any other penalty or remedy. A nuisance may be abated as provided in LCMC 8.12.150 through 8.12.180, or in any other manner authorized by law.
D. In addition to other penalties or remedies, the municipal court judge may revoke a street vendor’s license upon a finding that a street vendor has violated a provision of this chapter. The order of revocation shall be entered at the time of the entry and declaration of forfeiture pursuant to the provisions of Chapter 1.16 LCMC. (Ord. 93-6 § 4; Ord. 82-4 §§ 11, 12)