Chapter 5.20
TRANSIENT BUSINESSES
Sections:
5.20.030 Licensing and agreements.
5.20.040 Operator requirements.
5.20.050 Suspension and revocation of license.
5.20.070 Penalty for violation.
5.20.010 Definitions.
A. “Mobile food vending unit (vending unit)” shall be held to mean a business as defined in BMC 5.05.020(B) that operates from various locations in the city and has no fixed permanent location from which the business is conducted. Mobile food vendors shall only operate on public property from sunrise until sunset. Mobile food vendors shall not be open for service at any one location in the city, on public property, for more than four hours on any single day.
B. “Operator” shall mean a proprietor, manager or employee that operates a commercial establishment. [Ord. 17-O-769 § 3.]
5.20.020 Authority.
Businesses conducted under this chapter fall under the authority of BMC 5.05.060, Ability to conduct business – License required – Exemptions. This authority does not extend to city parking lots, parks or other public properties, nor does it extend to public property under the control of other public agencies, such as the Oregon Department of Transportation (ODOT), Brookings Harbor School District, Chetco Community Public Library or other such agencies as may apply. It should be noted that Chetco Avenue, also known as Highway 101, and its adjacent sidewalks fall under ODOT authority. [Ord. 17-O-769 § 3.]
5.20.030 Licensing and agreements.
Mobile food vending unit (vending unit) operators are required to obtain a business license from the city of Brookings administrative services department and pay such fees as applicable upon initial issuance, and annually thereafter.
Vending unit operators must execute a mobile food vending unit wastewater disposal agreement prior to issuance of a business license.
Vending units shall comply with all state regulations such as but not limited to the Oregon Health Authority (Mobile Food Unit Operation Guide) and operators shall provide proof of a valid food handlers certificate from the appropriate county health department. [Ord. 17-O-769 § 3.]
5.20.040 Operator requirements.
A. When operating a vending unit adjacent to a sidewalk, a minimum unobstructed pedestrian passage area of 36 inches must be maintained at all times.
B. No electrical cords, ropes or other devices that may constitute a trip and fall hazard shall extend across any sidewalk or pedestrian way.
C. The city issues permits for the conduct of festivals and parades from time to time. Such permits shall supersede this authorization to conduct business on the public right-of-way within the area subject to the event permit and within 200 feet of the area subject to the event permit unless separate approval has been granted by the event operator.
D. Business shall not be conducted in any area of the city which is predominantly residential.
E. Business shall not be conducted within 150 feet of any restaurant.
F. All areas around the vending unit shall be kept in a neat and orderly condition, free of debris and litter generated by the subject business’s activities or patrons. The vending unit operator must provide a litter receptacle for use by its patrons at the site where business is being conducted and remove all trash upon departing the site.
G. There shall be no sale or consumption of alcoholic beverages at any time on public property.
H. At all times during the conduct of business, the vending unit must be legally parked, shall not be parked on the sidewalk or obstruct a pedestrian way or a driveway.
I. One sandwich board type sign may be placed on the right-of-way adjacent to the vending unit, subject to the 36-inch clearance indicated above. [Ord. 17-O-769 § 3.]
5.20.050 Suspension and revocation of license.
Any and all permits and licenses for the operation of a vending unit, as granted hereunder, may be revoked and forfeited, without recovery of the license fee or any part thereof, by the city manager for any violation by said permittee of any of the terms or provisions of this chapter. No permit issued under this chapter shall vest any right in the licensee to continued use or operation of a vending unit within the city of Brookings, whether upon renewal or revocation thereof or otherwise. [Ord. 17-O-769 § 3.]
5.20.060 Insurance required.
The operator of the vending unit shall provide the city of Brookings with the following certificates of insurance:
A. Automobile liability.
B. Comprehensive general liability with limits of not less than $500,000 and listing the city of Brookings as an additional insured. [Ord. 17-O-769 § 3.]
5.20.070 Penalty for violation.
Failure to comply with any of the above listed conditions when operating on rights-of-way controlled by the city of Brookings will result in the revocation of the licensee’s business license and/or a fine, as defined under Chapter 1.05 BMC, General Penalty. [Ord. 17-O-769 § 3.]