Chapter 12.30


12.30.010    Findings and intent.

12.30.020    Definitions.

12.30.030    When permitted – Location.

12.30.040    Compliance with other laws, ordinances and regulations.

12.30.050    Sales to persons in motor vehicles prohibited.

12.30.060    Control of trash.

12.30.070    Removal of stand in emergencies or to permit maintenance of public facilities.

12.30.010 Findings and intent.

The city council finds and declares that:

(1) The primary purpose of the public streets and sidewalks is for use by vehicular and pedestrian traffic.

(2) Vending on certain public streets and sidewalks, under certain circumstances, may be appropriate where conditions beyond the control of a merchant seriously curtail and impede customer access to the merchant’s business establishment.

(3) Reasonable regulation of street and sidewalk vending, when allowed, is necessary to secure, preserve and promote safety, welfare, comfort, convenience, trade and commerce in the city and among its inhabitants. (Code 1985, § 26-80).

12.30.020 Definitions.

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

“Stand” means any newsstand, table, showcase, bench, booth, rack, cart, pushcart, wagon, stall or any other fixture or device or wheeled vehicle which may be moved without the assistance of a motor and which is not required to be licensed and registered by the state department of motor vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor.

“Vendor” means any person, including an employee or agent of another, engaged in the selling, or offering for sale, of food, beverages or merchandise on any public street, sidewalk, or on a parcel of land abutting a public street or sidewalk, whether from a stand or from his person. (Code 1985, § 26-81).

12.30.030 When permitted – Location.

(1) The owner, or his representative, of any business situated within the downtown service district defined in SCC 3.60.030 may apply to the city manager for a permit to sell or offer for sale, food, beverages or merchandise (excluding alcoholic beverages) on any public street or sidewalk from a “stand” and as a “vendor” as defined in SCC 12.30.020.

(2) If the city manager, in his sole and absolute discretion, determines that due to reasons beyond the control of the applicant, access to said business by the public is seriously curtailed and/or impeded, and that the issuance of a permit to conduct such vending from a stand would not adversely affect the public health, safety or welfare, then the manager may issue such permit subject to the conditions and requirements set forth therein by the manager with which the applicant agrees to conform. Such conditions may, among other things, relate to the design of the stand, location of the stand and hours of operation.

(3) Vending permitted hereunder is limited to the streets and sidewalks of the downtown service district as more particularly set forth in the permit issued. (Code 1985, § 26-82).

12.30.040 Compliance with other laws, ordinances and regulations.

Prior to selling, displaying or offering for sale any food, beverage or merchandise, vendors must obtain any approval which may be required by the health department or any other regulatory agency with authority over the proposed vending operation. (Code 1985, § 26-83).

12.30.050 Sales to persons in motor vehicles prohibited.

No vendor shall solicit or sell to persons in motor vehicles on the street, from a stand or otherwise. (Code 1985, § 26-84).

12.30.060 Control of trash.

Vendors must provide receptacles for trash and clean up all trash and/or debris accumulating within 20 feet of any stand permitted hereunder. (Code 1985, § 26-85).

12.30.070 Removal of stand in emergencies or to permit maintenance of public facilities.

A vendor shall comply immediately with the lawful request of any police officer, firefighter, rescue service person or city or public utility employee to move the vendor’s stand for emergency reasons or to permit maintenance of the pavement, utilities or other public facilities. (Code 1985, § 26-86; Ord. 6-28-01).