Chapter 7.20
SIDEWALK VENDORS, CAFES AND FURNISHINGS Revised 5/19

Sections:

7.20.005    Sidewalk License. Revised 5/19

7.20.010    Exceptions to License Requirements. Revised 5/19

7.20.015    Sidewalk Cafes. Revised 5/19

7.20.020    Sidewalk Vendors. Revised 5/19

7.20.025    Standards for Sidewalk Vendors and Cafes. Revised 5/19

7.20.005 Sidewalk License. Revised 5/19

A.    In addition to the requirements of BC Chapter 7.10, an application for a sidewalk vendor or cafe license must:

1.    Contain a provision that the applicant holds the City harmless;

2.    Be accompanied by evidence of liability insurance at least equal to the City’s tort liability limits;

3.    Be accompanied by a damage deposit in an amount established by Council resolution.

B.    City approval is required prior to any changes in operations inconsistent with the license. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.20.010 Exceptions to License Requirements. Revised 5/19

The actions authorized by this section do not require a sidewalk vendor or cafe license.

A.    In the Downtown District, businesses may place planters and merchandise displays on sidewalks adjacent to their businesses; provided, that an accessible sidewalk passageway of six feet is provided.

B.    Businesses in the Downtown District that do not sell food or beverages may place chairs and tables adjacent to their businesses; provided, that an accessible passageway of six feet is provided. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.20.015 Sidewalk Cafes. Revised 5/19

A.    Sidewalks cannot be used for the sale of food or beverages to be consumed at tables on the public property or right-of-way unless the seller has obtained a sidewalk cafe license.

B.    Sidewalk cafe licenses may be issued if:

1.    The applicant lawfully operates a restaurant adjacent to the right-of-way for which the applicant seeks a license;

2.    The owner of the restaurant property consents to issuance of the license; and

3.    Seating will be limited to no more than 20 persons. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.20.020 Sidewalk Vendors. Revised 5/19

A.    A sidewalk vendor license is required to sell food, beverages, wares or goods from a public sidewalk or other public property.

B.    In addition to the generally applicable application requirements, an application for a sidewalk vendor license shall:

1.    Include a drawing or photo of the proposed unit.

2.    Provide a complete list of all items the vendor proposes to offer for sale.

C.    A sidewalk vendor license may be issued if the following criteria are met in addition to the criteria in BC Chapter 7.10:

1.    The use of the right-of-way or public property will not interfere with existing utilities or pedestrian use, or pose a hazard to vehicular traffic. There will be an accessible pedestrian passageway of at least five feet. The use will be in compliance with applicable vision clearance requirements.

2.    The proposed use of City-owned property is not inconsistent with the use for which the property was dedicated.

3.    Sales shall be from a self-contained unit no larger than 25 square feet unless specified on the license. Only the self-contained unit and a single chair for the use of the vendor may be placed in the public property or right-of-way unless specifically authorized by the license. Licensee may only operate at the location specified on the license.

D.    The City will create a list or map of locations where sidewalk vendors may operate. The City may change the locations. Licensees may operate at only one of the locations designated by the City Manager. The City shall annually conduct a lottery to assign locations among applicants. Any licensee who has not applied for a sidewalk vendor license by the time of the lottery shall be allowed to operate at any remaining location on a first-come, first-served basis. Locations assigned to a sidewalk vendor are nontransferable.

E.    A sidewalk vendor may not sell merchandise within one-half block of a permanent retailer that sells the same type of item. A license will not be revoked during a calendar year if a permanent retailer moves into the permanent building after a license has been issued for that calendar year.

F.    A sidewalk vendor may not provide customer seating without written City approval.

G.    No cooking systems may be used unless approved by the Bend Fire Department.

H.    No sidewalk vendor may operate within the area of any permitted special event without permission of the event organizer. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]

7.20.025 Standards for Sidewalk Vendors and Cafes. Revised 5/19

A.    Licensee shall maintain the area within 10 feet of the activity free from litter and debris at all times. All litter and debris shall be disposed of in the licensee’s trash receptacles.

B.    Licensee is required to clean all surfaces soiled by licensee’s use of the public property.

C.    Any portion of a damage deposit not needed for cleanup or repair will be returned by the City after expiration of the license. If it is necessary for the City to use all or part of the damage deposit before the license expires, the City Manager may either revoke the license or require the deposit of additional money as a condition of continued operation. If the deposit is insufficient to cover cost of damage or cleanup, the licensee will be responsible for all additional costs.

D.    Licensees may not use the City’s storm drainage system to dispose of anything.

E.    Licensees may not drive motorized vehicles onto City’s sidewalks.

F.    No electrical cords or electrical generators are allowed.

G.    No licensee may block any public facilities, such as kiosks, disabled access, bike racks, entrances to buildings, or sidewalks.

H.    Licensees may not place anything, including barricade or signs, on public property or rights-of-way without written City approval. [Ord. NS-2323, 2019; Ord. NS-2157, 2011]