26-XXIII STREET AND STATIONARY VENDORS

ARTICLE XXIII. STREET AND STATIONARY VENDORS

26-1201 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Designated theme area means an area located within the city central business district, described as all of N. Saginaw Street, beginning at Lafayette to the north and extending south to the Phoenix Center Parking Deck, also including part of Warren Street, part of parking lot no. 6 at the southwest corner of Huron and Saginaw; part of Pike Street extending east and west of Saginaw; part of the Phoenix Center auxiliary parking lot no. 9; also part of the vacant parcel of land lying northeast of the Phoenix Center Parking Deck; and more particularly described as:

Beginning at the easterly line of N. Saginaw and Lafayette; thence west 180+ feet along the southerly line of Lafayette; thence south 190+ feet along the westerly line of Oakland Avenue; thence south 250+ feet northerly line of Warren Street;

thence south 60 feet; thence east 150+ feet along the southerly line of Warren Street; thence continuing south 460+ feet along the westerly line of Saginaw Street to the southerly line of W. Huron Street; thence west 150+ feet; thence continuing south 120+ feet; thence east 150+ feet to the westerly line of Saginaw Street; thence continuing south 610+ feet along the westerly line of Saginaw Street to the northerly line of E. Pike Street; thence west 500+ feet along E. Pike Street; thence south 70+ feet; thence east 160+ feet along the southerly line of E. Pike Street; thence south 200+ feet; thence east 160+ feet; thence south 230+ feet; thence east 300+ feet along the northerly line of the Phoenix Center parking deck; thence south 50+ feet; thence east 470+ feet; thence north 530+ feet along the westerly line of Mill Street; thence west 500+ feet along the northerly line of E. Pike Street; thence north 1,645+ feet along the easterly line of Saginaw Street to the point of beginning.

Foot vendor means any peddler, huckster or person who sells or peddles snack foods or other products which he carries on his person, in the Phoenix Center area, or the Pontiac Silverdome area (where a special Pontiac Silverdome area vendor’s license is required), one hour before until one hour after each event. License for such vendors is applicable January 1 through December 31 annually.

Helper means one who aids and assists a licensed street vendor in sales from a vehicle, or a licensed stationary vendor in sales from a cart.

Phoenix Center area means the area bounded by Wide Track Drive, east, Water Street, Saginaw Street on the west, Pike Street on the south and Wide Track Drive, west, not to include the top of the Phoenix Center, one hour before until one hour after each event. License for such area is applicable April 1 through March 31 annually.

Phoenix Center area vendor means any peddler, huckster or person who sells sports related souvenirs or snack foods, whether from a removable stand or cart or carried on his person, and possesses and displays a Phoenix Center area button/license.

Pontiac Silverdome area means the area bounded by Featherstone Road, north, Martin Luther King Boulevard up to East M-59 overpass, west side Opdyke Road and Auburn Avenue on the north side, one hour before until one hour after each event, but not including the fenced-in areas of the Silverdome premises nor its auxiliary parking lots. License for this area is applicable January 1 through December 31 annually.

Pontiac Silverdome area vendor means any peddler, huckster or person who sells sports related souvenirs or snack foods, whether from a removable stand or cart or carried on his person, and possesses and displays a Pontiac Silverdome area button/license.

Potentially hazardous food means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigent microorganisms, including ice cream and other frozen confections.

Sidewalk means that portion of any dedicated public right-of-way throughout the city reserved primarily for pedestrian traffic, including public berms adjoining. The term “sidewalk” does not include walkways located in parks or other publicly-owned properties which are not dedicated public rights-of-way.

Snack foods means prepared, prepackaged edibles, excluding frozen confections as defined in this chapter.

Special events vendor means any peddler, huckster or person who sells or peddles sports related souvenirs, snack foods or other products which he carries on his person, sells from a cart or removable stand, or from a vehicle in a designated area whose boundaries are determined by the city council, from one hour before until one hour after each special event.

Stationary vendor means any peddler, huckster or any person who sells or peddles on the sidewalks of the city snack foods and other products which he sells from a cart or removable stand.

Street means that portion of any dedicated public right-of-way throughout the city reserved for vehicular traffic.

Street vendors means any peddler, huckster or person who sells or peddles from vehicles on the streets of the city snack foods or other products.

Temporary special event area means an area approved by the Director of Community Development for the location of a temporary special event as defined in section 2.542 of the Pontiac Zoning Ordinance.

Temporary special event sponsor means a person, party, or entity responsible for facilitating, organizing, and executing a temporary special event.

Temporary special event vendor means any peddler, huckster or person who sells or peddles temporary special event related souvenirs, snack foods or other products which he carries on his person, sells from a cart or removable stand, or from a vehicle in a designated temporary special event area whose boundaries are determined by the Director of Community Development or City Council, from one hour before until one hour after each special event.

(Ord. No. 1999, § 1(8-217), 11-16-92; Ord. No. 2014, § 1, 3-24-94; Ord. No. 2266, § 1(a), 8-7-12)

Cross reference—Definitions generally, § 1-2.

26-1202 Interference with traffic; operation in certain districts; helpers generally.

(a) Vendors under this article, while conducting business on any street, sidewalk or public right-of-way in the city, shall operate at all times in such a manner so as not to interfere with pedestrian or vehicular traffic. It shall be unlawful for any vendor to be in or on any public building or to be located in such a manner so as to interfere with display windows.

(b) It shall be unlawful for any vendor under this article to engage in the sale of his products or solicit any patronage within 50 feet of the doorway or any place of business.

(c) Only Pontiac Silverdome and Phoenix Center foot, street and stationary vendors and special events vendors shall be permitted in their designated area unless variations from the provisions of this section are specifically permitted and approved by resolution of the city council.

(d) Street vendors under this article shall keep their vehicles in motion at all times, other than while making sales.

(e) Under this article no more than three persons shall sell or operate on or in connection with any street or stationary vendor’s vehicle, except in the Pontiac Silverdome area and Phoenix Center area, where each person must be properly licensed and buttoned. The owner or person in charge of such vehicle shall have an appropriate street vendor’s license covering such vehicle. Vendors and helpers shall be subject to all the rules of the community development department and applicable sections of this article.

(Ord. No. 1999, § 1(8-218), 11-16-92; Ord. No. 2014, § 1, 3-24-94)

26-1203 Vending in Phoenix Center areas generally.

(a) Only stationary vendor’s licenses shall be issued to vendors in the Phoenix Center area.

(b) Only stationary vendors shall operate in the Phoenix Center area, and they may sell only from approved removable stands or carts which are to be maintained in a stationary position during operation, except during such time and in such places as the director of community development may prohibit vending altogether in the public interest. The number of such licenses issued for the Phoenix Center area shall be limited by public convenience and necessity. In determining public convenience and necessity, the director of community development shall consider the number of vendor licenses issued, the demands of the public for vendors, the vehicular and pedestrian traffic conditions, whether such service would result in a greater hazard to the public and such other related facts as may be deemed advisable or necessary. Stationary vendors shall not locate themselves close to a fire hydrant or to hose hookups on the exterior of buildings so as to obstruct access by the fire department.

(c) No license shall be issued unless the design and specifications of any removable stand or cart within the Phoenix Center area are prepared or approved by the community development department and planning division. Vending displays shall be constructed by the licensee in accordance with specifications which have been prepared or approved in the manner set forth in this article, and the expense of constructing such vending displays shall be the sole responsibility of the licensee and without any expense whatsoever to the city. Vendors in these areas shall be subject to all the rules and regulations contained in every other section of this article.

(d) Vendors in the Phoenix Center area shall be allowed to sell only the following items: T-shirts; balloons; confections; flowers; sweat shirts and pants; hand-drawn portraits or caricatures created on the spot; snack foods; souvenirs and handcrafts.

(Ord. No. 1999, § 1(8-219), 11-16-92)

26-1204 Vending in the Pontiac Silverdome area.

(a) Pontiac Silverdome area vending operations do not adhere to the rules governing stationary vending or street vending in other parts of the city except as stated in this section. Pontiac Silverdome area licenses are valid only for the Pontiac Silverdome area and such vendors may not vend in other areas of the city by virtue of a Pontiac Silverdome area license. The number of such licenses issued for the Pontiac Silverdome area shall be limited by public convenience and necessity. In determining public convenience and necessity, the director of community development shall consider the number of vendor licenses issued, the demands of the public for vendors, the vehicular and pedestrian traffic conditions, whether such service would result in a greater hazard to the public and such other related facts as may be deemed advisable or necessary.

(b) Vendors in the Pontiac Silverdome area shall be allowed to sell sports related souvenirs, prepackaged food items, peanuts or snack foods, as approved by the county health department and community development director. Each Pontiac Silverdome area vendor may sell by foot or from a fixed location. Vending on any bridge, overpass or expressway pedestrian foot bridge approach is prohibited. Vending on any sidewalk immediately adjacent to the Pontiac Silverdome also is prohibited. Pontiac Silverdome area vendors shall not locate themselves close to fire hydrants or to hose hookups on the exterior of buildings so as to obstruct access by the fire department. Display of souvenirs or clothing strung above vending operations is prohibited. Each Pontiac Silverdome area vendor must display a Pontiac Silverdome area button visible at all times. No one shall be allowed to engage in the vending operation without possessing his individual identification card issued by the department of community development.

(Ord. No. 1999, § 1(8-220), 11-16-92)

26-1205 Vending in the designated theme area.

(a) Only special events vendors licenses shall be issued to vendors in the designated theme area.

(b) Only special events vendors shall operate in this area, and they may sell only from one hour before until one hour after each special event.

(c) The license is applicable only for the duration of the special event. The director of community development shall have power to designate an event as a “special event.”

(Ord. No. 2014, § 1(8-220.1), 3-24-94)

26-1206 Designation of areas where vending prohibited.

The director of community development shall have the power to designate such streets, sidewalks, parts of streets or sidewalks, districts or areas wherein it shall be unlawful for any vendor to operate or conduct his business, such designation to be made where, by reason of congested traffic conditions or the character of the neighborhood, the conduct of such business constitutes a public nuisance.

(Ord. No. 1999, § 1(8-221), 11-16-92)

26-1207 Sales near schools.

It shall be unlawful for any vendor to park, stand or stop for the purpose of making any sale within 200 feet of any school property.

(Ord. No. 1999, § 1(8-222), 11-16-92)

26-1208 Sales to persons in roadway; sales from median strips.

(a) It shall be unlawful for any vendor to make any sale or delivery to any person while such person is standing in the roadway.

(b) It shall be unlawful for any vendor to make any sale, offer for sale or delivery to any driver or passenger of a motor vehicle stopped at a red light or while the vehicle is in a moving traffic lane. A “moving traffic lane” is defined as a traffic lane in which stopping, standing or parking is prohibited at the time of the sale.

(c) It shall be unlawful for any vendor to stand, solicit or display his wares on any freeway service road or center median strip of any boulevarded street.

(Ord. No. 1999, § 1(8-223), 11-16-92)

26-1209 Disposal of litter.

Each vendor or his vehicle, cart or removable stand must be equipped with a receptacle for disposing of the wrappers, papers, envelopes or other waste connected with the vending operation. It is hereby made the duty of the vendor to pick up such wrappers, papers, envelopes or other waste after the sale or delivery of his products; in addition, in the case of a stationary vendor, it is hereby made the duty of the stationary vendor to pick up all litter within 15 feet of his cart or removable stand.

(Ord. No. 1999, § 1(8-224), 11-16-92)

26-1210 Spraying of flowers on sidewalk.

In the case of flower vending, no spraying of flowers with paint or vegetable dyes shall be permitted on the sidewalk unless facilities are provided to ensure that the paint or vegetable dye will not be applied to the sidewalks or sides of buildings, or sprayed into the ambient air where it might come into contact with pedestrians.

(Ord. No. 1999, § 1(8-225), 11-16-92)

26-1211 Use of noisemaking devices.

It shall be unlawful for any street vendor to use any noisemaking or noise amplifying device to attract the attention of prospective patrons when such device is audible more than 300 feet from its source. No such device shall be operated when the vehicle to which it is attached is standing, nor shall such device be operated at any time between the hours of 10:00 p.m. and 10:00 a.m. except as provided in section 58-205 of the Code.

(Ord. No. 1999, § 1(8-226), 11-16-92)

26-1212 Prohibition of ticket sales.

No person or licensed vendor shall sell or offer for sale any ticket for an athletic event, movie, theater, Silverdome event, Phoenix Center event, or any other event where such ticket is sold by the promoter or designee of the event, regardless of the amount of money exchanged or offered for sale.

A violation under this section shall be considered a criminal misdemeanor, subject to a fine not to exceed $500.00 (plus costs of prosecution); or imprisonment not exceeding 90 days, or both.

(Ord. No. 1999, § 1(8-227), 11-16-92; Ord. No. 2089, 1-14-99)

26-1213 License required.

No person shall conduct the business or occupation of foot vendor, stationary vendor, street vendor, temporary special event vendor, or temporary special event sponsor under this article within the City without first having obtained a license therefor from the City.

(Ord. No. 1999, § 1(8-228), 11-16-92; Ord. No. 2266, § 1(b), 8-7-12)

26-1214 License fees; insurance; expiration date.

(a) Licenses issued to vendors under this article shall be charged and paid for pursuant to this article and/or fees to be determined by the Community Development Department and changes thereto as approved by resolution of the City Council from time to time.

(b) A license under this article will not be issued until the applicant has provided the City with an acceptable liability insurance policy if determined by the City’s Risk Manager or insurance company to be required, in an amount to be determined by the City’s Risk Manager or insurance company, and the insurance is to be kept in full force and effect during the life of the license, a cash bond to cover public safety and clean-up expenses in an amount determined by the Community Development Director, and payment of all required fees, taxes, and assessments due to the City.

(Ord. No. 1999, § 1(8-229), 11-16-92; Ord. No. 2266, § 1(c), 8-7-12)

26-1215 Registration of children of licensees acting as helpers.

The licensee of any vehicle licensed under the terms of this article is hereby permitted to have his children, not exceeding two in number at any one time, act as helpers on such vehicle, under the terms of this section; provided, that such children shall not be less than 12 years of age and not more than 17 years of age; and provided further, that such children may act as such helper or assistant during school vacation periods and on Saturdays and on such other days as schools of the city are not in regular session; and provided further, that such children shall be exempt from the usual fee for helper or assistant and shall be registered with the community development department, which department shall furnish such children with identification cards.

(Ord. No. 1999, § 1(8-230), 11-16-92)

26-1216 Vendors of foodstuffs—Permits generally.

No license under this article shall be issued to a person who sells or expects to sell foodstuffs unless he shall have a permit from the county public health director. Before issuing or countersigning such permits, the above official may require, under oath if desired, such information regarding the moral and physical fitness and identification of the applicant; the kind, condition, ownership and place or storage of the vehicle, cart or removable stand he uses in peddling; the nature and scope of his business; the route which he follows, and such other similar information as he may deem necessary to protect the health and general welfare of the public. If in securing such information, the knowledge of certain facts is obtained which makes it appear that the applicant for a license under this article should not be granted such license, then a full report on the case shall be made to the director of community development for his consideration and decision before a license is issued.

(Ord. No. 1999, § 1(8-231), 11-16-92)

26-1217 Same—Applications; condition and storage of foods.

Applications for licenses to sell foodstuffs shall specify the type of food products to be sold, and approval of the county public health director shall be required prior to issuance of such license. Potentially hazardous foods shall not be approved for vending. All nonpotentially hazardous foods shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, protected from contamination and safe for human consumption. All vehicles and displays used by vendors in the sale of foodstuffs shall be maintained in a clean, sanitary condition and protected from contamination. Food storage, including vehicles containing loads or parts of loads of food products, shall be kept in places which, in the opinion of the county public health director, are sanitary. The county department of health director may make such rules and regulations as are necessary to carry into effect the provisions of this section.

(Ord. No. 1999, § 1(8-232), 11-16-92)

26-1218 License form; case; possession; defacing.

The license issued under this article shall be in such form as to contain a true photograph of the licensee, his name, address, physical description and the name of the class of his license. Such license shall be enclosed and delivered to the licensee in a suitable protecting case. All licensees shall carry with them in such case at all times while peddling, the license described in this section. No licensee shall change, remove or obliterate any entry made on such license.

(Ord. No. 1999, § 1(8-233), 11-16-92)

26-1219 Tags and badges.

(a) Upon the issuance of a license under this article, there shall be delivered to each licensee using a vehicle, cart or removable stand, one license plate bearing the words, “licensed street vendor” or “licensed stationary vendor,” the period of validity and the number of the license in easily readable figures at least 1 1/2 inches high, and any other data which the director of community development may deem desirable. The color of such plates shall be changed each year. The street vendor shall attach such plates, one on each side and towards the forward end of the vehicle he operates, in as conspicuous a place as possible, and he shall not use any vehicle in peddling or vending on which such plates are not so displayed. The stationary vendor shall attach such plates on opposite sides of the cart or removable stand from which he peddles or vends, in as conspicuous a place as possible, and he shall not use any cart or removable stand from which he peddles or vends on which such plates are not so displayed.

(b) All licensees under this article, whether using vehicles, carts or removable stands or not, shall be given a badge bearing the same data as is required by this section on the license plates, with the license number in easily readable figures at least one-half inch high; and such badge shall be worn constantly by the licensee during the time he peddles in a conspicuous place on the front of his coat or hat.

(c) The failure of a licensee under this article to conspicuously and constantly exhibit the plates and badge required by this section when engaged in his licensed business shall be sufficient cause for the suspension or revocation of his license. A licensee shall not transfer his license badge or plates to another person, nor shall license plates for carts or removable stands and license plates or vehicles be used interchangeably.

(Ord. No. 1999, § 1(8-234), 11-16-92)

26-1220 License records to be kept.

A full and complete record of each license issued under this article, including renewals, suspensions and revocations thereof, and serious complaints against or arrests of the licensee, together with his picture, shall be kept on file by the community development department.

(Ord. No. 1999, § 1(8-235), 11-16-92)

26-1221 Denial, revocation or suspension of license.

(a) The director of community development may deny, revoke or suspend the license under this article at any time for cause, after a hearing and for the reasons stated as provided in section 1-24

(b) The decision of the city council shall be the final municipal action for the purpose of judicial review and an appeal must be taken to the circuit court.

(Ord. No. 1999, § 1(8-236), 11-16-92)

26-1222 Waiver of special exception permit.

Applicants for licenses under this article shall be permitted to sell and conduct business under such license. The licensee will not be required to obtain a special exception permit to conduct an open air business. This license will waive section 14.3 of the city zoning ordinance, and its requirements.

(Ord. No. 1999, § 1(8-237), 11-16-92)

26-1223 Reserved.

Editor’s note—Ord. No. 2089, adopted Jan. 14, 1999, repealed § 26-1223, which pertained to penalty for violation of article and derived from Ord. No. 1999, § 1(8-238), adopted Nov. 16, 1992.

26-1224 Vending for temporary special events.

(a) Only temporary special event vendor licenses shall be issued to vendors for temporary special events.

(b) Only temporary special event vendors shall operate in the approved temporary special events areas, and they may sell only from approved removable stands or carts which are to be maintained in a stationary position during operation, except during such time and in such places as the director of community development may prohibit vending altogether in the public interest. The number of such licenses issued for the temporary special events shall be limited by public convenience and necessity. In determining public convenience and necessity, the Director of Community Development shall consider the number of vendor licenses issued, the demands of the public for vendors, the vehicular and pedestrian traffic conditions, whether such service would result in a greater hazard to the public and such other related facts as may be deemed advisable or necessary. Stationary vendors shall not locate themselves close to a fire hydrant or to hose hookups on the exterior of buildings so as to obstruct access by the Fire Department.

(c) No license shall be issued unless the design and specifications of any removable stand or cart within the temporary special events areas are prepared or approved by the Community Development Department and Planning Division. Vending displays shall be constructed by the licensee in accordance with specifications which have been prepared or approved in the manner set forth in this article, and the expense of constructing such vending displays shall be the sole responsibility of the licensee and without any expense whatsoever to the City. Vendors in these areas shall be subject to all the rules and regulations contained in every other section of this article.

(d) Vendors in the temporary special events areas shall be allowed to sell temporary special event related items only, such as: T-shirts; balloons; sweat shirts; snack foods; souvenirs and handcrafts.

(e) Only temporary special events vendors licenses shall be issued to vendors in the designated theme area.

(f) Only temporary special events vendors shall operate in this area, and they may sell only from one hour before until one hour after each temporary special event.

(g) The license is applicable only for the duration of the temporary special event. The Director of Community Development shall have power to designate an event as a “temporary special event.”

(Ord. No. 2266, § 1(d), 8-7-12)