Chapter 5.32
SALES ON STREETS AND SIDEWALKS

Sections:

5.32.010    Summary of chapter.

5.32.020    Purpose.

5.32.030    Definitions.

5.32.040    License required.

5.32.050    Permit application procedure.

5.32.060    License regulations.

5.32.070    Business regulations.

5.32.080    Permit reregistration.

5.32.090    Permit revocation.

5.32.100    Exemptions.

5.32.110    City not liable.

5.32.120    Appeals.

5.32.130    Decisions final.

5.32.140    Violations – Penalties.

5.32.010 Summary of chapter.

This chapter establishes regulations for street vendors and merchandise displayers on public streets and sidewalks and for vending operations on private property which impact the use of sidewalks and public ways such as take-out windows and the use of vending carts, trailers or other vending stands which are located adjacent to sidewalks or the public way. Licenses are required for street vendors, who are subject to certain restrictions such as size and placement of vending carts, goods permitted to be sold, etc. Permission must also be obtained from the abutting property owner. Merchandise displayers (i.e., those displaying merchandise in front of their shops without carts) are subject to certain restrictions, but need not obtain a license. (Ord. 2296 § 1, 1992).

5.32.020 Purpose.

It is the purpose of this chapter to provide for safe, efficient and convenient pedestrian and vehicle travel upon the streets and sidewalks of the city; to protect the beauty and aesthetic appeal of the city by controlling visual and physical clutter; to do so through the provisions of this chapter by licensing, regulation and control of streets and sidewalk vendors and other business purposes; to carry out the purposes as also hereafter expressed in this chapter; and to further public health, welfare and safety within the city. (Ord. 2296 § 2, 1992).

5.32.030 Definitions.

Throughout the chapter, unless the context otherwise requires, the following definitions shall apply:

A. “Abutting property owner” means the owner of the building or lot immediately fronting the proposed location of a vending cart or temporary stand.

B. “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.

C. “Vending cart” means a movable cart or vehicle that is operated from a fixed location from which food, flowers and/or nonalcoholic beverages are offered or provided, or offered for sale or sold, to the public with or without charge.

D. “Street vendor” means any person, and their principals and agents, who engage or conduct in the city, 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 cart or take-out window on any public street, alley or sidewalk, or any part thereof, or on private property adjacent to a public way 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.

E. “Person” includes any person, partnership, corporation, association or other entity.

F. “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 or sidewalk could occur.

G. “Street vendor license” means the license provided by this chapter.

H. “Hawking” means a loud, repeated oral solicitation of business by the vendor or displayer or their agents, employees or contractors.

I. “Director” means the planning and building director of the city, or his or her designee.

J. “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. (Ord. 2296 § 3, 1992).

5.32.040 License required.

It shall be unlawful for any person to act as a street vendor or operate a take-out window adjacent to public right-of-way unless that person or his or her employees shall have first received a street vendor license. A street vendor license shall not be required in order to display merchandise on a public sidewalk if the display is by the abutting permanent business and conforms in all respects to the restrictions set forth in PTMC 5.32.070. A street vendor license shall not be required for vending activities located on private property where the vending cart, temporary stand, take-out window or merchandise display is set back from the public way or sidewalk by six feet or more. (Ord. 2296 § 4, 1992).

5.32.050 Permit application procedure.

The following procedure shall be utilized in reviewing permit applications:

A. Application. Any person desiring to obtain a street vendor license shall apply therefor to the city on forms provided by the city and such application shall set forth as to each principal street vendor applicant the following:

1. The name, address and telephone number of the principal applicant and principal operator, if different;

2. The nature or character of the food, beverages or flowers to be offered or displayed by the applicant;

3. The name, address and both home and business telephone numbers of the individual acting as manager or operator for the principal applicant;

4. The address of the abutting building of the proposed street or sidewalk location of the business;

5. The name, address and telephone number of the abutting property owner of the proposed street or sidewalk location;

6. The length of time during which it is proposed that the business or display will be conducted;

7. The proposed hours of operation or display;

8. The maximum number of persons proposed to work at the location at any given time;

9. The Washington State retail sales tax number of the street vendor;

10. The city business license number of the street vendor;

11. A drawing or set of specifications for any vending cart to be used which is of sufficient detail to allow the director to determine that the cart will be structurally sound and safe;

12. Written approval on a form provided by the city, of the proposed vending site from the abutting property owner;

13. The application shall be signed by the applicant and if the applicant is not the actual street vendor, the applicant shall verify his or her authority to act as agent for the street vendor.

B. Application Fee. The completed application shall be filed with the director with a nonrefundable application fee in the amount set forth in Chapter 3.36 PTMC. The director shall not accept any application which appears incomplete or is not accompanied by the required fee.

C. Application Review. The application, together with any additional information deemed relevant by the director, shall be reviewed by the director to determine whether the proposed business or display shall be permitted at the proposed location. This determination shall be made within 14 days of the receipt of a complete application. In making his or her determination, the director shall apply the following standards:

1. That the application and proposed business are in complete conformity with this chapter;

2. That the applicant and principals have conformed to this chapter and other applicable regulations when previously operating vending carts;

3. That the abutting property owners have given their approval;

4. That any proposed vending cart will be structurally sound and safe for its proposed use;

5. That the colors proposed for the vending facilities are consistent with the color guidelines adopted by the historical preservation commission unless the colors proposed have been separately approved by the historic preservation commission;

6. That the proposed business will be compatible with surrounding activities including nearby businesses; and

7. That the proposed business and location will not intrude into the sidewalk pedestrian zone pursuant to the Port Townsend streetscape design workbook (Ordinance 2143) and will not unreasonably interfere with use of the street or sidewalk right-of-way by pedestrians or vehicles.

E. Application Approval.

1. The director shall approve the application if the requirements of this chapter have been met. However, the director may specify reasonable conditions of approval to insure compatibility of the proposed business including hours of operation.

2. If the requirements of this chapter have not been met, the application shall be denied in writing addressed to the applicant, setting forth the reason for denial.

3. If an existing license is outstanding for the proposed location, a new application shall not be approved unless the previous licensee terminates his or her license.

F. License Issuance. Upon approval of the application, a license will be issued to the applicant after the applicant has submitted to the director the following:

1. A copy of an approved sign permit, if applicable;

2. A copy of any applicable health department permit;

3. A copy of any applicable city business license or temporary business license;

4. Proof of liability insurance naming the city as additional insured in amount and policy provisions as approved by the clerk-treasurer of the city;

5. Payment of a nonrefundable license fee in the amount specified in Chapter 3.36 PTMC.

Upon receipt of the above, the license shall be issued, which shall contain such restrictions and conditions as contained in, and necessary to, properly administer the terms of this chapter.

G. License Term. Each license shall be for a term not to exceed three years, commencing on January 1st of the calendar year in which the license is issued, and terminating on December 31st of the third next succeeding calendar year, unless otherwise revoked pursuant to this chapter. (Ord. 2296 § 5, 1992).

5.32.060 License regulations.

The following regulations shall apply for all licenses issued pursuant to this chapter:

A. Nontransferability. No license issued under this chapter may be transferred or assigned to any other person.

B. Display of License Required. The license shall be prominently displayed at all times on the vending cart. The license shall be exhibited to any police officer or to the director or his or her designee upon his or her request.

C. Compliance with Other Laws and Permits. The licensee shall at all times comply with all laws, regulations and permits applicable to the licensee’s business, provided, however, that no off-street parking requirements shall exist or be imposed for any operation or that part thereof being conducted solely under a license issued under this chapter. (Ord. 2296 § 6, 1992).

5.32.070 Business regulations.

The following regulations shall apply to all street vendor license holders and merchandise displayers and their agents, employees and contractors, and to the conduct, operation and location of the business:

A. Area Restrictions. If the location is a sidewalk, a minimum sidewalk clearance of seven feet shall be maintained between any vending cart or merchandise display and any other fixed or temporary obstruction or planting. Vending carts shall be placed no further than six feet from the adjoining building face or right-of-way limit. Merchandise displays may not be placed further than four feet from the adjoining building face or right-of-way limit, or otherwise in conformance with the Port Townsend streetscape design standards (Ordinance 2143). If located on a street, the business shall be oriented and operated to sidewalk traffic and not to vehicle traffic. No street vending cart or merchandise display shall be permitted, nor shall any permit be issued for any area within the city other than the C-III Zone under the city zoning ordinances.

B. Assigned Location. The street vendor shall at all times locate and operate the business together with the vending cart in the assigned location. Mobile vending is not permitted.

C. Size. The maximum permissible size for any vending cart shall be three feet wide by five feet long by five feet high, except that umbrellas which meet the other provisions of this chapter may be allowed, and except that incidental accessories may be attached or placed within 18 inches of the ends of the cart where approved by the director. Take-out windows shall not exceed the maximum length for vending carts allowed under these regulations.

D. Goods. Food, nonalcoholic beverages and flowers are the only goods permitted to be offered, displayed or sold from vending carts. Merchandise displayers who are operating without use of a vending cart or temporary stand may display merchandise which is also on display within the permanent, abutting building. No other goods, merchandise or services of any kind are permitted.

E. Removal of Carts and Merchandise. Each vending cart and all merchandise must be removed from the public right-of-way upon close of business each day.

F. Loud Noises/Sound Devices. Mechanical audio or noise-making devices, sound amplification or reproduction devices or hawking are not permitted.

G. False Statements. If at any time it is found that any false statements were made in the application, any license issued under the provisions of this chapter may be revoked.

H. Obstruction of Right-of-Way. No vending cart, temporary stand, take-out window or merchandise display shall be location or operated in a way which unreasonably obstructs pedestrian or vehicle traffic. No lines of persons or customers shall be permitted which reduce the required sidewalk clearance.

I. Cleanup/Maintenance. Each vending cart or merchandise display site must be kept clean and orderly at all times, and each street vendor shall provide a refuse container. Food product vendors shall also provide recycling facilities.

J. Signs. All signs shall conform to provisions set out in Chapter 17.50 PTMC, and any license issued under this chapter. The total sign area displayed on a vending cart shall not exceed six square feet. No advertising shall be permitted of any business or establishment other than the business licensed to operate the vending cart. Signage for any street vendor licensed under this chapter shall not be included in the allowable sign area of the abutting building calculated pursuant to Chapter 17.50 PTMC.

K. Annual Fee. An annual fee in the amount specified in Chapter 3.36 PTMC shall be paid at the time of issuance of a street vendor license and on or before January 1st of each succeeding calendar year in which the license remains valid. (Ord. 2296 § 7, 1992).

5.32.080 Permit reregistration.

Whenever a licensed vendor ceases doing business in the city for a period of 30 days or more, prior to resumption of business, the vendor shall register by notifying the director in writing. Any such reregistration shall not be valid beyond the three-year term of the original license. (Ord. 2296 § 8, 1992).

5.32.090 Permit revocation.

A license may be summarily revoked under the following conditions:

A. Failure to comply with any of the terms of this chapter;

B. Failure to comply with the terms of the license;

C. Misrepresentation of facts in the licensee’s application for the license or any other necessary permit;

D. Creation of any unreasonable hazard to the public health or unreasonably interfering with parking availability, vehicle or pedestrian access or travel;

E. Whenever a licensed vendor ceases doing business within the city for a period of 180 days, or for any consecutive 14-day period between April 15th and October 15th of any calendar year;

F. As otherwise provided for in this chapter. (Ord. 2296 § 9, 1992).

5.32.100 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, Boy Scouts, Girl Scouts, and similarly situated nonprofit organizations operating for short-term special events or activities;

C. Those temporary activities authorized and permitted by Chapter 5.80 PTMC. (Ord. 2296 § 10, 1992).

5.32.110 City not liable.

Neither the city nor its officers, agents, employees or contractors, shall be liable for any claim, loss, injury or damage to persons or property of whatsoever kind or nature, caused in whole or in part by or arising directly or indirectly out of the issuance of any license under this chapter, or the conduct or operation of any such street vending business or merchandise display by any person. As a further condition to issuance of any license under this chapter, the city may require the licensee to execute, in such form and substance as is acceptable to the city, a hold harmless and indemnification agreement by which the licensee agrees to hold harmless and indemnify the city, its officers, agents, employees and contractors from and against any and all liability arising out of the conduct and operation of the licensee’s business. (Ord. 2296 § 11, 1992).

5.32.120 Appeals.

Any decision made by the director under this chapter may be appealed in writing by the aggrieved party to the city council within 25 days following the date of the decision. Any and all such appeals shall be subject to the procedures and fees established in Chapter 1.14 PTMC. (Ord. 2296 § 12, 1992).

5.32.130 Decisions final.

Any decision, finding, ruling, order or determination of the director or the city council made pursuant to this title shall be final at the time a final order or decision is issued in written form, and no action to set aside or modify the same shall be brought in the superior court or other tribunal unless the action shall be filed within 30 days from the effective date of such decision, finding, or ruling, order or determination. (Ord. 2296 § 13, 1992).

5.32.140 Violations – Penalties.

Any person who is found to have violated any term or provision of this chapter or of any permit hereunder shall be guilty of a civil infraction.

For the first such infraction, the civil penalty shall be in the amount of $200.00.

For the second infraction by the same person within a period of two years, the penalty shall be $400.00.

Upon the third violation within a period of two years, such violation shall constitute a misdemeanor, and be punishable upon conviction by a fine in any sum not to exceed $300.00, or by imprisonment for a term not exceeding 90 days, or by both fine and imprisonment.

Any civil penalties under this chapter may be collected in a civil action in any court of competent jurisdiction. The city may also seek injunctive relief in superior court to restrain any violations of the provisions of this chapter.

Prior to any person being charged with a violation, the city shall mail written notice of the alleged violation to the person at the address shown on the license, giving the person five days to cure the violation. Upon failure to cure, a citation or complaint may issue. (Ord. 2296 § 14, 1992).