Chapter 5.28
ROVING VENDORS

Sections:

5.28.010    Definitions.

5.28.020    License required.

5.28.025    License duration.

5.28.030    Repealed.

5.28.040    License applications.

5.28.050    License revocation and appeal procedures.

5.28.060    Repealed.

5.28.070    Equipment.

5.28.080    Types of goods and services that may be offered by a roving vendor.

5.28.090    Repealed.

5.28.100    Required insurance.

5.28.110    Prohibited acts.

5.28.010 Definitions.

As used in this chapter:

A. “Cart” means a nonmotorized wagon, cart, or device, whether stationary or mobile, from or at which goods or services are offered by a vendor.

B. “Roving vendor” means a person who offers food, goods or services to the public, using a motor vehicle, from one or more locations on public property or without a fixed location.

C. “Vehicle” means a motor vehicle or trailer licensed as such by the state of Alaska. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)

5.28.020 License required.

A. It is unlawful for any person to engage in the business of a roving vendor unless that person has first obtained a license from the director of finance as provided in this chapter.

B. It is unlawful for any person to engage in the business of a roving vendor in a manner that is inconsistent with the terms of a license issued pursuant to this chapter. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)

5.28.025 License duration.

A roving vendor permit is issued on or after January 1st of a calendar year, and expires on December 31st of the same calendar year. (Ord. 12-011 § 3, 2012)

5.28.030 Types of licenses.

Repealed by Ord. 12-011. (Ord. 447 § 3, 1992)

5.28.040 License applications.

A. An application for a roving vendor license shall be made to the director of finance on a form approved by the director of finance and shall be accompanied by the following:

1. An application fee as required in the current, adopted fee schedule;

2. Proof of insurance as required by PMC 5.28.100;

3. The business address and telephone number to be used by the applicant for the business to be operated pursuant to the license;

4. A complete description of the equipment to be used for display, storage or other purposes related to the business to be conducted pursuant to the license and including all distinctive markings and signs;

5. Proof that the applicant has obtained the following licenses:

a. Health permits required for the preparation and sale of food or beverages;

b. City business license;

c. State business license; and

d. Any other license required by the state or city;

6. A complete description of the type(s) of goods and services that shall be offered under the license;

7. Proof that the person to whom the license is to be issued shall have an active management or operations role in the business to be conducted pursuant to the license;

8. Description of every vehicle to be used in the business operated pursuant to the license. (Ord. 12-011 § 3, 2012; Ord. 07-029 § 18, 2007; Ord. 447 § 3, 1992)

5.28.050 License revocation and appeal procedures.

The director of finance may revoke a vendor license for any of the reasons stated in PMC 5.28.110. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)

5.28.060 Designation and assignment of vendor sites.

Repealed by Ord. 12-011. (Ord. 447 § 3, 1992)

5.28.070 Equipment.

A. During all hours of operation, a vendor shall post the applicable vendor license in a conspicuous location in the vehicle from which the business is conducted pursuant to that license.

B. A vendor shall maintain the following documents, as applicable, in the vehicle from which the business is conducted pursuant to his or her license and shall display them to any person upon request:

1. Current state business license for the business operated pursuant to the license;

2. All government permits relating to the service of food or beverages offered by the vendor;

3. A certificate of the insurance required by PMC 5.28.100; and

4. All government permits relating to the provision of transportation services offered by the vendor.

C. Only the following equipment may be brought to a vendor site for use in connection with the business operated there:

1. A cart which:

a. Is no longer than three feet wide, six feet long and seven and one-half feet tall, including all appurtenances and merchandise on display, except for a litter receptacle, stool and ice chest to be provided by the vendor;

b. Includes interior space for concealed storage of all inventory, supplies, equipment and other materials brought to the vendor site in connection with the business conducted there;

2. An umbrella used in connection with a cart which does not exceed six feet in diameter, when opened;

3. One table no longer than four feet and no wider than three feet, covered with a clean material which extends to the ground on all sides so as to conceal the table legs; and

4. Easels and other items reasonably necessary to the display or creation of art at the vendor site no longer than three feet wide and four feet high, limited to two each.

D. All persons vending from a vehicle or cart on a street shall ensure that persons waiting to make purchases at the cart or vehicle queue up in single file on the side away from the traveled portion of the street and in such a manner as to create the least obstruction to pedestrian traffic. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)

5.28.080 Types of goods and services that may be offered by a roving vendor.

A roving vendor may only offer, for the exchange of money, the following types of goods and services:

A. Food and/or beverages;

B. Handicrafts, artwork, jewelry, fur and leather goods;

C. Goods bearing an Alaskan theme in some form;

D. Tourist services;

E. Shoe shine services; and

F. Flowers. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)

5.28.090 Standards of operation for sidewalk vendors.

Repealed by Ord. 12-011. (Ord. 447 § 3, 1992)

5.28.100 Required insurance.

A. Before any license is issued for a roving vendor the applicant shall furnish one or more policies or certificates of liability insurance issued by an insurance company authorized to do business in the state and reflecting the applicable coverage:

1. A vendor of food or beverages, goods or services shall have insurance in the amount of $500,000 combined single limit (CSL).

B. No policy of insurance offered pursuant to this section shall be acceptable unless it is issued by an insurance company authorized to do business in Alaska or by an insurance company rated “A” or “B” by A.M. Best and Co. In addition, the policy must be approved by the municipal risk manager or the city’s insurance broker as to matters of form.

C. Every insurance policy shall contain a clause obligating the insurer to give the director of finance written notice no less than 30 days before the cancellation, expiration, nonrenewal, lapse or other termination or alteration of such insurance. A lapse, cancellation, expiration, nonrenewal or other termination or alteration of such insurance shall cause the license to which it pertains to be automatically suspended for so long as the insurance required by this section is not in place. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)

5.28.110 Prohibited acts.

A. It shall be unlawful for any nonfood vendor to engage in the business of a vendor from a motor vehicle:

1. On a public right-of-way;

2. In a publicly owned or operated parking facility, unless expressly permitted; or

3. Within a vehicle parking space designated by a sign or a striped parking site.

B. It shall be unlawful for a vendor to attract customers by hawking or physically accosting persons.

C. It shall be unlawful for any vendor to engage in door-to-door sales.

D. A vendor license is nontransferable. (Ord. 12-011 § 3, 2012; Ord. 447 § 3, 1992)