Chapter 5.08
STREET AND SIDEWALK VENDORS
Sections:
5.08.010 Findings and purpose.
5.08.040 Applications and fee.
5.08.070 Health and sanitation requirements.
5.08.110 Denial, suspension and revocation.
5.08.010 Findings and purpose.
A. The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic.
B. Vending on the streets and sidewalks promotes the public interest by contributing to an active and attractive pedestrian environment.
C. Reasonable regulation of street and sidewalk vending is necessary to protect the public health, safety and welfare.
D. The regulations contained herein do not prohibit pure speech by religious organizations, but merely regulate the activities of an organization which are commercial in nature. (Ord. 872 § 1, 1997)
5.08.020 Definitions.
For the purposes of this chapter the following definitions shall apply:
“Central business district” means the area extending one block north of Central Avenue on the north, one block south of Central Avenue on the south, and from Oak Street on the west to Umatilla Street on the east.
“Motor vehicle” means any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor which is of a type required to be licensed and registered by the Oregon Department of Motor Vehicles.
“Stand” means any table, showcase, bench, rack, pushcart, wagon or other wheeled vehicle, or device which may be moved without the assistance of a motor and which is not the type required to be licensed and registered by the Oregon Department of Motor Vehicles, and issued for the displaying, storing or transportation of articles offered for sale by a vendor.
“Vendor” means any person engaged in the selling or offering of food, beverages or merchandise on the public streets or sidewalks, from a stand or motor vehicle or from his person excluding store displays. (Ord. 872 § 2, 1997)
5.08.030 Permit required.
It is unlawful to sell or offer for sale any food, beverage or merchandise within the city limits without first obtaining a permit therefor.
Provided, however, no permit shall be required of not-for-profit organizations which hold occasional sales at a frequency of less than four times a year. This exemption also includes vendors who sell at such occasional sales with the permission of, or under a contract with, such organizations. (Ord. 872 § 3, 1997)
5.08.040 Applications and fee.
To obtain a permit, an applicant shall first submit to the City Recorder an annual fee in the amount as established by resolution, along with the application. The application shall contain at least the following information:
A. The name, home and business address of the applicant and the name and address of the owner (if different from the applicant) of the vending business, stand or motor vehicle to be used in the operation of the vending business;
B. A description of the types of food, beverage or merchandise to be sold;
C. A description of the proposed location of the vending business, except vendors from motor vehicles who shall describe the general area in which they propose to vend, if less than the entire city;
D. A description of the stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business, and proof of current insurance thereon.
E. Proof of current insurance policy issued by an insurer licensed to do business in the State of Oregon, protecting the vendor and the city from all claims for damages to property and/or bodily injury, including death, which may arise under or in connection with such vendor’s activities under the permit. Vendor shall name as additional insured the city; the City of Sutherlin, its agents, officers, elected officials and employees as an Additional Insured by separate endorsement. Vendor shall provide the city with certificates of insurance and additional insured policy endorsements signed by the insurance carrier showing the required coverage with Insurance Services Office (ISO) form numbers to identify the specific coverage that has been obtained and the effective dates of the insurance policies. Any insurance required by this section shall be in the amounts established by Council resolution as required and stated in the application. The insurance shall not terminate or be canceled without thirty (30) days’ written notice to the City of Sutherlin. (Ord. 1065 § 5, 2018: Ord. 928 § 3, 2001; Ord. 872 § 4, 1997)
5.08.050 Permit issuance.
Consideration shall be given to the application submitted in accordance with the aforesaid at the next meeting of the common council following the date of submission and payment of all applicable fees. The city recorder shall give notice in writing to the applicant of the decision of the common council not later than ten days following a final decision by the common council.
The common council shall consider the standards set forth in this chapter in determining whether to grant or deny the application. The permit for a sidewalk vendor shall not be issued for a location within one hundred (100) yards of any location for which a permit has already been granted. In the event two or more applications are received for the same location, the successful applicant whose application bears the earliest date shall be awarded the location. If the permit is denied, the applicant shall be provided with a written statement of the reasons for the denial. The applicant shall be entitled to a hearing before the common council, should his application be denied; provided, that the applicant makes written application to the city recorder for such a hearing not later than twenty (20) days following mailing to him of the written notice of denial. Notification shall be deemed duly given when deposited in the United States mail, postage prepaid, addressed to the applicant at the address furnished on his application.
A permit issued pursuant to this section shall be valid for a period of twelve (12) months commencing on the first day of the month during which the application is approved and permit issued. A permit to vend on the sidewalks shall specify the location from which such vending is permitted, and shall be valid only at that location. (Ord. 872 § 5, 1997)
5.08.060 Prohibited conduct.
A. No vendor shall:
1. Vend on any street or sidewalk where vending is otherwise prohibited;
2. Leave any stand or motor vehicle unattended;
3. Store, park or leave any stand overnight on any street or sidewalk, or park any motor vehicle other than in a lawful parking place, in conformance with city, county and state parking regulations;
4. Sell food or beverages for immediate consumption unless he/she has available his own or a public litter receptacle for patron’s use;
5. Leave any location without first picking up, removing and disposing of any trash or refuse from the immediate area remaining from sales made by vendor;
6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand or motor vehicle;
7. Solicit or conduct business with persons in motor vehicles;
8. Sell anything other than that which he/she has been approved to vend;
9. Sound or permit the sounding of any device which produces a loud or raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public;
10. Vend without the insurance coverage required hereunder.
B. No vendor selling from a stand on the sidewalk shall:
1. Vend at any location where the sidewalk is so narrow that the stand would block pedestrian traffic;
2. Vend within fifteen (15) feet of the entrance to a building, within fifteen (15) feet of a driveway, or within twenty-five (25) feet of a crosswalk;
3. Vend within one hundred (100) feet of the City Hall where city police and/or fire departments are located, or within one hundred (100) feet of any other building from which police and fire vehicles regularly operate;
4. Allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property, without the owner’s permission.
C. No vendor vending from a motor vehicle shall:
1. Conduct his business in such a manner as would restrict or interfere with the egress or ingress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion, delay or constitute a hazard to traffic, life or property or an obstruction to adequate access to police, fire or other emergency vehicles, or sanitation vehicles;
2. Stop, stand or park his/her vehicle on any street, or permit it to remain there except on the roadway at the curb for the purpose of vending therefrom;
3. Stop, stand or park his vehicle on any street for the purpose of selling, or sell on any street under any circumstances during the hours when parking, stopping or standing has been prohibited by the signs, curb markings or by statute or ordinance;
4. Remain in one place longer than is necessary to make sale after having been approached or stopped for that purpose. (Ord. 872 § 6, 1997)
5.08.070 Health and sanitation requirements.
A vendor vending food or beverages shall obtain any county required food handler certificates. (Ord. 872 § 7, 1997)
5.08.080 Safety requirements.
All motor vehicles in or from which food is prepared or sold shall comply with the following requirements:
A. All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
B. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to prevent the loose storage of knives.
C. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters and similar equipment shall be installed so as to be accessible only from the outside of the vehicle. (Ord. 872 § 8, 1997)
5.08.090 Display of permit.
Permits shall be displayed somewhere visible in vehicle or on cart at all times during the operation of the vending business. (Ord. 872 § 9, 1997)
5.08.100 Renewal.
Permits are valid for one year unless revoked or suspended prior to expiration. An application to renew permit shall be made not later than thirty (30) days prior to the expiration of the current permit and shall be in accordance with Section 5.08.040. (Ord. 872 § 10, 1997)
5.08.110 Denial, suspension and revocation.
Any permit may be denied, suspended or revoked for any of the following reasons:
A. Fraud or misrepresentation contained in the application for a permit;
B. Fraud or misrepresentation in the course of carrying on the business of vending, or determination by the State Attorney General or a court of competent jurisdiction that the business is being conducted in violation of the Oregon Unfair Business Practices Act;
C. Conduct of the business in such a manner as to create a public nuisance, or constitute a manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare or morals;
D. Conduct which is contrary to the provisions of this chapter. (Ord. 872 § 11, 1997)
5.08.120 Violation—Penalty.
Any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00) by imprisonment not to exceed six months, or by both fine and imprisonment. (Ord. 872 § 12, 1997)