3-15 Huckstering

A.    

It shall be unlawful to sell or offer any goods, services or things for sale within City parks, parkways or recreational facilities, regardless of whether or not within City limits, or on the streets, alleys and sidewalks of the City unless a permit is issued by Staff or Council as provided below.

B.    

An applicant for a permit for huckstering under this section shall:

1.    File a written application on forms furnished by the City, which will include information necessary or convenient for the administration and enforcement of this Section.

2.    All fees prescribed by this section shall be paid in full upon application.

3.    For events with multiple businesses or individuals, each business or individual must complete an application and pay any fees associated with a permit.

4.    Any huckstering activities on public property adjacent to an established business must have the written permission of that adjacent business to operate.

5.    Fee-Related Definitions:

a.    Event for purposes of this Section shall mean any multiple day festival, gathering, or public activity that is designated by City Council as an Event for purposes of this Section.

b.    Local for purposes of this Section shall mean any business or individual whose principal place of business is designated on its sales tax license as the City of Ouray.

C.    

All permittees under this Section must comply with the following criteria:

1.    No safety hazard or nuisance may be created.

2.    A business must have a State sales tax license with a registered City of Ouray location, and collect and remit sales tax.

3.    Safe parking and maneuvering areas must be available for customer use either on the premises or on adjacent streets.

4.    The operations must be conducted, and all vehicles, inventory and structures must be located, in accordance with building setback requirements in the applicable zoning district, and removed from the premises when not open for business.

5.    The permittee may utilize either one sign on a vehicle or structure involved in the storage and display of inventory and one portable sign located within 10 feet of the storage and display of inventory, neither of which may be more than 6 square feet in size, notwithstanding the restrictions of Chapter 8. A permit shall not be required for these signs.

6.    Any structure used in conjunction with this permit shall comply with Section 6-14 of this Code.

7.    For any huckstering activity conducted on City property utilized by pedestrians, the permittee must allow for six (6) consecutive feet of convenient unobstructed passage area for pedestrians.

8.    No alcohol may be sold, served or consumed on the City streets, alleys or sidewalks.

D.    Provisions Specific to Fruit, Vegetable, Cider and Honey Sales

1.    Fruits, vegetable, cider, and honey may only be sold in the C-2 Zone District.

2.    Permits shall be limited to 90 days. No permit shall be reissued to any retail operation until a period of 90 days has elapsed without retail activity.

E.    Revocation of Permit

1.    Any permit may be revoked or suspended by the City to the permittee for:

a.    A violation of any condition of the permit or of any provision of this Section.

b.    The existence of any condition or performance of any act which the City determines does constitute or cause a condition endangering life or damage to property.

2.    Notice of revocation of a huckstering permit shall be sent by the City to the permittee at the address provided in the application. Revocation of the permit shall be effective 10 days after the date of the notice. A permit may be suspended by the City without notice to the applicant. A permit may not be suspended for more than 14 days.