ARTICLE XLIII. STREET MERCHANDISING

30.43.10 Statement of intent.

It is the intent of this article to provide specific standards for street merchandising. This chapter recognizes that:

(a) Street merchandising is an integral part of doing business in the core downtown commercial districts (DHD and DED);

(b) All downtown merchants should be able to enjoy this privilege;

(c) Appearance of the core downtown commercial districts is protected by providing measurable standards for street merchandising compliance;

(d) Street merchandising by one (1) merchant will not detract from the business operations of other merchants; and

(e) These standards are intended only to regulate merchandise for sale, placed on daily display, and are not intended to be interpreted for the sidewalk sale of food or other types of permanent street furnishings for public use. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)

30.43.20 Permitted where.

Street merchandising is allowed under the following regulations:

(a) Street merchandising is allowed only in the core downtown commercial districts (DHD and DED). Only ground-floor merchants with businesses within the DHD and DED zones shall be allowed street merchandising, and that merchandising shall be displayed only directly in front of the businesses where the items are sold.

(b) Merchandise shall not be allowed within five (5) feet of the curb.

(c) All businesses shall have a clear four (4) foot path-of-travel past the store frontage on the sidewalk and into the front entry of the business.

(d) Merchandise placed in front of a business shall be immediately adjacent to and not further than three (3) feet from the building facade.

(e) Merchandise shall not rise more than five (5) feet above the sidewalk.

(f) The maximum merchandise display area shall be limited to twenty-five percent (25%) of the linear frontage of the store facade. Facades of less than twenty (20) linear feet shall be allowed a maximum display area of five (5) feet.

(g) Businesses located on a corner shall use their address frontage to calculate the amount of display area allowed, with merchandise allowed only along that frontage.

(h) Merchandise shall not be covered, even to protect it from the environment.

(i) Street merchandising is permitted only during the store’s business hours.

(j) Prior to placing merchandise on a public sidewalk, the business owner shall procure insurance and submit to the city a certificate of insurance in an amount and form acceptable to the city’s risk manager, adding the City of Gilroy as an additional insured to the owner’s comprehensive general liability policy. (Ord. No. 2013-08, § 2 (Exh. A), 8-5-13)