Chapter 12.16
STREET DISPLAYS AND SALES
Sections:
12.16.060 Violations-Penalties.
12.16.010 Purpose.
A. Recently, the use of sidewalks and streets for business purposes, including but not limited to display of merchandise, food and beverage sales, other retail activities, and other business uses, has increased. This has increased the general clutter on city streets and sidewalks and created more crowded conditions for businesses, pedestrians and vehicle travelers. It is anticipated that such use will likely increase, particularly during the summer months.
B. The primary purpose of streets and sidewalks are for use and efficient movements of pedestrians and vehicles. Use of streets and sidewalks for business activity is secondary, and should be restricted so that safety and convenience of pedestrians and vehicles are maintained.
C. The council reserves to its own discretion adoption of regulations governing private use of the public right-of-way.
D. This chapter seeks to accomplish these and other public purposes, and is in furtherance of the health, welfare and safety of the community.
(Ord. 296 §1, 1994).
12.16.020 Definitions.
Throughout this chapter, unless the context otherwise requires, the following definitions shall apply:
“Abutting property owner” means the owner of the building or lot immediately fronting the proposed location of a vending cart, sign or temporary stand.
“Director” means the town clerk, or his or her designee.
“Display vendor” means any person owning or operating a business of any kind which displays goods, ware or merchandise on private property adjacent to a public way or sidewalk where direct access from a public right-of-way or sidewalk could occur.
“Hawking” means loud, repeated oral solicitation of business by the vendor or displayer or their agents, employees or contractors.
“Merchandise displayer” means any person owning or operating a business of any kind which displays goods, wares or merchandise on a public sidewalk, street or alley or on private property adjacent to a public way or sidewalk where direct access from a public right-of-way of sidewalk could occur.
“Person” means and includes any person, partnership, corporation, association or other entity.
“Sidewalk sign” means any sandwich board, sign or device for the holding of advertising information which is placed upon a city sidewalk, street or alley for any purpose other than regulation of traffic or pedestrians by or with the permission of the city.
“Street vendor” means any person, and their principals and agents, who engage or conduct in the town either in one locality or in traveling from place to place, a temporary or transient business for the purpose of selling, renting or soliciting offers for the sale of beverages, remedies, food, wares, merchandise or products of any kind whatsoever, and who, for the purposes of carrying on such business, use or occupy any temporary stand, vending vehicle, vending cart or take-out window on any public street, alley or sidewalk where direct access to the business from a public right-of-way or sidewalk could occur, for the purpose of exhibition and sale or rental of such food, beverages, services, goods, wares, merchandise or products.
“Street vendor license” means the license provided by this chapter.
“Take-out window” means any window or opening into a structure through which products of any kind are offered for sale directly to persons passing by on the sidewalk or public way.
“Temporary stand” means any tables, chairs, or combination thereof, or any booth, tent, trailer, storeroom, street or sidewalk stand, temporary and/or open lunch counter, sandwich counter or soft drink and/or portable food containers, or other temporary place for the sale of goods, beverages, or consumption or the sale of any wares or merchandise of any kind and located upon or operated from alleyways, street, or sidewalk easements, public streets or sidewalks, or any other public space, or located directly adjacent to a public way or sidewalk in such a fashion that direct access to the stand from a public right-of-way or sidewalk could occur.
“Vending cart” means a movable cart or vehicle that is operated from a fixed location from which food, flowers, merchandise and/or beverages are offered or provided, or offered for sale or sold, to the public with or without charge.
(Ord. 296 §2, 1994).
12.16.030 Conduct prohibited.
A. It is unlawful for any person to act as a street vendor, vehicle vendor or operate a temporary stand or take-out window adjacent to public right-of-way.
B. It is unlawful for any person to place or use a sidewalk sign upon any public sidewalk or adjacent to public right-of-way. A sidewalk sign may be placed upon a public sidewalk if the sign is placed by the abutting permanent business.
C. It is unlawful for any person to operate a vending cart, vending vehicle, temporary stand, take-out window or merchandise display.
(Ord. 296 §3, 1994).
12.16.040 Exemptions.
The following persons and activities shall be exempt from the licensing requirements under this chapter.
A. Newspaper carriers and newspaper dispensing machines;
B. Nonprofit civic, charitable, fraternal, religious and youth organizations, such as Little League, Babe Ruth, 4H, FFA, high school activity groups, Boy Scouts, Girl Scouts and similarly situated nonprofit organizations operating for short term special events or activities after notification of the director; and
C. Those community activities authorized and permitted by council resolution.
(Ord. 296 §4, 1994).
12.16.050 Severability.
In the event any one or more of the provisions of this chapter shall for any reason be held to be invalid, such invalidity shall not affect or invalidate any other provision of this chapter, but this chapter shall be construed and enforced as if such invalid provision had not been contained therein; provided, that any provision which shall for any reason be held by reason of its extent to be invalid shall be deemed to be in effect to the extent permitted by law.
(Ord. 296 §6, 1994).
12.16.060 Violations-Penalties.
A. Any person who is found to have violated any term or provision of this chapter shall be deemed to have committed a civil infraction and shall be liable for the payment of a civil penalty.
B. For the first such violation the civil penalty shall be in the amount of two hundred dollars. For the second infraction by the same person within a period of two years, the penalty shall be four hundred dollars. Upon the third violation within a period of two years, such violation shall constitute a C-1 penalty.
C. The town may seek injunctive relief to restrain any violations of the provisions of this chapter. Violations of this chapter, as determined by the director, shall constitute grounds for revocation of all business licenses issued to the violator by the town.
(Ord. 296 §5, 1994).