Chapter 16.70


16.70.010    Intent

16.70.020    Definitions

16.70.030    Licensing, review, and approval of street merchant application required

16.70.040    Design and development standards for retail stands

16.70.045    Approved retail stand merchandise

16.70.050    General location standards

16.70.060    Specific location standards

16.70.065    Location and leasing of city property for retail stand activities

16.70.070    Insurance

16.70.080    Permit limitations

16.70.090    Permit revocation

16.70.110    Appeals

16.70.010 Intent.

It is the intent of this chapter to:

A.    Provide an opportunity for street merchants in zones where the use would enhance the pedestrian experience and be supportive of the intent and vision of the commercial zone in which it is located.

B.    Provide regulations for the appropriate siting and design of street merchant activities to provide for the compatibility of such use with adjacent retail activities.

C.    Provide standards that protect the public’s health, safety and welfare with operation of these activities. (Ord. 1163 §1, 2001).

16.70.020 Definitions.

A.    “Approving authority” means the site plan review committee or the director according to the provisions of LMC 16.70.030(B) (process for approval).

B.    “Director” shall refer to the director of the community and economic development department, or his or her designee, that is responsible for administration of limited administrative review pursuant to Section 1C of the Development Guidelines and Public Works Standards.

C.    “Designated food vehicle zone” is an area within a street designated for location of a food vehicles(s) by the director of public works.

D.    “Food vehicle” means a licensed and operable motor vehicle or trailer used to serve, vend, or provide food or nonalcoholic beverages for human consumption from a fixed location or along a route in a public place.

E.    “Handcrafted goods” means goods produced or created by the vendor from raw or basic materials.

F.    “Original art” means art crafted by the vendor or by artists the vendor acts as agent to on consignment of the art work.

G.    “Outdoor shopping center activities and events” means activities normally taking place in parking lots of shopping centers from time to time on a temporary basis. Activities include, but are not limited to, promotions or special showings and sale of boats and recreation vehicles or miscellaneous activities such as pony rides and carnival activities. Such activities attract consumers to the shopping center, both the traveling public and pedestrians in the area, and add flavor to the shopping experience. Activities do not significantly impede parking or circulation at the site or adversely affect permanent businesses in the area.

H.    “Outdoor food court” means one location (parking lot, plaza, or lot) where more than four street merchants selling food have located offering a choice of foods and vendors.

I.    “Public place” means public right-of-way and the space above or beneath its surface, whether or not opened or improved, including streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, planting strips, squares, triangles, and plazas that are not privately owned.

J.    “Retail stand” means a vending cart, street merchant structure, food vehicle or temporary seasonal structure used for retail sale of approved street merchant merchandise. The retail stand is operated from a fixed location within a parking lot, pedestrian plaza, public property, or right-of-way and designed and sized to be readily moved.

K.    “Street fair, outdoor food court or market” means a location where multiple street merchants and activities are organized as one function, including but not limited to one site, lot or parking lot designed or converted to accommodate multiple street vendors on a permanent or seasonal basis, the Lacey Fun Fair or a seasonal farmers’ market.

L.    “Street merchant” means a merchant selling goods from a fixed location within a parking lot, pedestrian plaza, public property or right-of-way using a vending cart, food vehicle, street merchant structure or temporary seasonal structure.

M.    “Street merchant structure” means a structure typically larger than a vending cart that is not intended to be moved by one vendor. Such structure is intended to be set up and stationary in one location, is less than two hundred square feet and is not permanently affixed to its location by a permanent foundation. Examples include an espresso stand, year-round fruit and vegetable stand, or other similar building intended to be used for street merchant activity as defined in this chapter.

N.    “Temporary/seasonal retail stand” means a stand to sell seasonal retail items on a temporary basis. These include fireworks stands, if allowed, Christmas tree stands and local agricultural fruit stands.

O.    “Vending cart” means a movable cart that is used to serve, vend, or provide food, nonalcoholic beverages, or flowers. (Ord. 1539 §115, 2019: Ord. 1435 §1, 2014: Ord. 1163 §1, 2001).

16.70.030 Licensing, review, and approval of street merchant application required.

A.    All business activities shall meet requirements of Chapter 5.12 LMC for city business licensing.

B.    No “street merchant,” “street fair,” “food court,” “market,” “temporary/seasonal retail stand” or “outdoor shopping center activities and events” shall be permitted to operate within the city of Lacey without first obtaining the appropriate planning approval as follows:

1.    Limited Administrative Review. Limited administrative review shall generally be required for street merchant activities that are minor in scope and involve use of a vending cart or food vehicle located on private property or a designated pedestrian plaza. A street merchant operating from a street merchant structure located in a parking lot may also qualify for this abbreviated review depending on the size of the area to be used and the scope of activity expected. These applications shall be processed pursuant to the requirements of Section 1C.030 of the City of Lacey Development Guidelines and Public Works Standards.

2.    Site Plan Review. Site plan review shall generally be required for street merchant activities that are larger in scope and activity than a single merchant operating from a vending cart including:

a.    Outdoor food courts, shopping center activities, and street fairs and markets that involve multiple (more than three) street merchants.

b.    Applications that are in public right-of-way that require location in a designated food vehicle zone.

c.    Applications that require special consideration because of location circumstances, size of street merchant structure or area, scope of activity, or potential impacts.

These applications shall be processed pursuant to the requirements of Chapter 16.84 LMC (Site Plan Review).

3.    Determining Process. Based upon the individual characteristics of an application, considering location, size, and scope of use and potential impacts, the director may determine that a street merchant application shall be processed either as a limited administrative review, or as a full site plan review. This determination shall be based upon which process best matches the need for review of a project, considering its individual and unique circumstances, and shall be based upon the sole discretion of the director.

C.    Complete Application and Content. Street merchant applications shall include the following information:

1.    Detailed scale drawings of the location of the stand.

2.    The device to be used, materials specifications with drawings showing all four sides of the vending device, color schemes and any logos, printing or signs which will be incorporated. For existing vending devices, color photographs may be substituted for drawings.

3.    The application shall contain a plan for scheduled hours of operation for the season that includes time of day, days of week, months of the year, and scheduled closings.

4.    Written approval of the landowner shall also be submitted at the time of application.

D.    Permitted Street Merchant Activities. The approving authority may approve street merchant activities meeting the definition of retail stands and temporary/seasonal retail stands. Provided, the approving authority may approve street fairs, outdoor food courts or markets, or outdoor shopping center activities and events based upon findings consistent with the intent of this chapter and the approval process as outlined in subsection B of this section.

E.    Approving Authority Consideration and Decision. The approving authority, as described in subsection B of this section, shall ensure the following items are satisfied when acting upon an application:

1.    The proposal is consistent with the standards and intent of this chapter.

2.    The proposal will enhance the attractiveness of the pedestrian environment in which it is located.

3.    The proposed street merchant activities are designed, oriented and operated to serve pedestrians with the exception of a street merchant structure or temporary/seasonal retail stand located in a parking lot.

F.    Based upon consideration of the application and its consistency with the intent and standards of this chapter, the approving authority may approve or deny an application. In approving an application, the approving authority may require any conditions on operation, location or design it deems necessary to ensure compliance with this chapter.

G.    The approving authority may administratively approve any variances from the standards section of this chapter it deems necessary to fully satisfy the intent of this chapter to provide an exceptional pedestrian experience at strategic locations within the city.

H.    When authorizing variances to retail stand criteria, the applicant should demonstrate to the approving authority’s satisfaction the approved design will be compatible with surrounding architecture, will add to the pedestrian desirability of the area, and will be a benefit to the neighborhood and zone in which it is located. (Ord. 1435 §2, 2014: Ord. 1192 §183, 2002; Ord. 1163 §1, 2001).

16.70.040 Design and development standards for retail stands.

Retail stands shall generally comply with the following requirements:

A.    Vending carts will normally not be more than sixty square feet provided the approving authority may approve any size of vending cart it determines meets the spirit and intent of this chapter.

B.    A street merchant structure shall not be more than two hundred square feet in size.

C.    A canopy or umbrella may be included with a retail stand. The canopy or umbrella shall be of vinyl, canvas, or similar durable material. All parts of such umbrella or canopy must have a minimum of seven feet of vertical clearance to the ground.

D.    Retail stand materials shall be low maintenance and cleanable, preferably painted and of noncorrosive metal.

E.    Temporary/seasonal retail stands may be of the size necessary to carry out their temporary operations as approved by the approving authority.

F.    Each retail stand shall be a self-contained unit; provided, however, that self-contained electrical power generators are not permitted unless the approving authority determines noise impacts can be mitigated. Utility service connections may be permitted at permanent street merchant pads at the discretion of the city. Electrical service connections may be permitted by a property owner leasing space to a street merchant or by the adjacent property owner and when the following requirements are met:

1.    Electrical lines are not allowed overhead or lying on the sidewalk.

2.    The outlet location must be placed outside the walkways which are accessible to public and private use.

3.    Length of electrical hookup must be within fifteen feet of the stand.

4.    No extension cords will be allowed.

5.    Hookup must be permanently wired to the retail stand and meet National Electrical Code requirements as to type, size and grounding, terminating in an approved outside weatherproof-type receptacle.

6.    Each retail stand shall require an electrical permit unless previously approved, and will require inspection prior to operation of the stand.

G.    Advertising signs may only be placed on the cart. Provided, street merchants selling food or nonalcoholic beverages within pedestrian plazas may have one sandwich board sign which would be limited to two feet wide and four feet high. Such sandwich board sign must be located within the pedestrian plaza and oriented to pedestrians at the site.

H.    All required licenses and permits issued by the city of Lacey must be displayed in a prominent, visible manner.

I.    It is the responsibility of the applicant to obtain necessary health department licenses and to adhere to best practices for food handling when undertaking street merchant activities involving the preparation and serving of food.

J.    All persons conducting a retail stand business within the city must keep the site clean and orderly at all times and pick up any refuse or debris and clean up liquid spillage deposited by any person using the business location. Additionally, all such persons shall provide a refuse container for litter. This container shall be of a design approved by the city and must be emptied on a regular basis.

K.    Support equipment and accessories shall generally be self-contained within the retail stand. Support equipment and accessories must not be placed so as to impede pedestrian or vehicular traffic or distract from the pedestrian experience.

L.    Retail stands selling food within a pedestrian plaza may have accessory seating and tables. Retail stands selling art and crafts may have merchandise displays set up adjacent to the retail stand for pedestrian view only. The location of art and craft displays shall be approved by the approving authority only when it determines such accessories will enhance the pedestrian experience at the site and be compatible with the intent of the zone and neighborhood in which it is located.

M.    All persons conducting a retail stand business shall obey any order of a police officer to temporarily move such retail stand to avoid congestion or obstruction of the surrounding area for pedestrian and/or vehicular traffic.

N.    All retail stands shall have fire extinguisher(s) available according to currently adopted fire code requirements.

O.    Sustainable and creative designs are encouraged.

P.    Street merchant designs that are fun and add interest to the street are encouraged. (Ord. 1539 §116, 2019: Ord. 1435 §3, 2014: Ord. 1208 §70, 2003; Ord. 1163 §1, 2001).

16.70.045 Approved retail stand merchandise.

The following merchandise may be sold from retail stands:

A.    Food.

B.    Nonalcoholic beverages.

C.    Newspapers and magazines.

D.    Original art and handcrafted goods.

E.    Other items the approving authority determines are appropriate to pedestrian areas that will enhance the pedestrian experience. (Ord. 1435 §4, 2014: Ord. 1163 §1, 2001).

16.70.050 General location standards.

A.    Retail stands may only be located in the following zones:

1.    All commercial zones.

2.    All light industrial zones.

3.    Community office zone.

4.    Mixed high density corridor and mixed moderate density corridor.

5.    Along arterials and collectors at key multimodal intersections in pocket parks or pedestrian plazas as approved by the approving authority based upon findings that it will enhance the local pedestrian experience.

6.    Open space institutional zones.

B.    Retail stand locations shall be compatible with the pedestrian and the vehicular nature of the zone, the use of the right-of-way as a public thoroughfare, the use of parking lots as public parking areas, and/or the use of an open air plaza. The site shall be located to enhance the pedestrian nature of the zone and shall not be located so as to attract or serve vehicular traffic.

C.    Temporary/seasonal retail stands may be located to attract and serve vehicle traffic.

D.    In determining whether or not the proposed location would be permitted, the following criteria shall be considered:

1.    The type and intensity of the proposed use and the type and intensity of existing uses;

2.    The width of the sidewalk, pedestrian plaza or parking lot in which it is to be located;

3.    The proximity and location of existing street furniture, including but not limited to signposts, lampposts, bus shelters, benches, phone booths, trees, newsstands, as well as the presence of bus stops and truck loading areas;

4.    Established or proposed pedestrian and vehicular traffic patterns;

5.    The number of available retail stand sites in a given area or zone of the city and the number of existing retail stands in such area;

6.    Other factors deemed relevant by the approving authority, consistent with the purpose of this chapter and intent of the zone proposed for the use.

E.    The retail stand and location shall promote the diversity of retail stand activity.

F.    The site and retail stand together shall not create a pedestrian or vehicular traffic hazard.

G.    The retail stand shall be compatible with uses in the general vicinity and adjacent properties.

H.    The retail stand location shall promote the pedestrian nature of the general area in which it is located.

I.    The retail stand location shall be compatible with the public interest in the use of the sidewalk as a public right-of-way and the use of a public or private parking lot for the primary intended use of vehicular parking and, as such, shall not endanger the public health, safety and welfare. (Ord. 1500 §2, 2016: Ord. 1435 §5, 2014: Ord. 1163 §1, 2001).

16.70.060 Specific location standards.

A.    No retail stand shall be placed within one hundred feet or fronting a property of a business which specializes in an item that the retail stand offers for sale unless the applicant owns the establishment or has written consent from the proprietor of the establishment, e.g., a retail stand selling ice cream may not be located within one hundred feet of an established ice cream parlor. This one-hundred-foot distance restriction shall be measured using the distance of the route of access between the two uses (the route someone would walk or drive).

B.    The distance requirement of subsection A of this section may be reduced or waived if the street merchant is locating adjacent to a key pedestrian intersection and in a designated pedestrian plaza designed to accommodate a street merchant, or other circumstance related to the context of the application that make a lesser buffer appropriate to meet the intent of this chapter.

C.    Each retail stand shall be placed so it does not obstruct or impede pedestrian or vehicular traffic.

D.    Each retail stand shall be limited to its approved locations.

E.    Only one retail stand site shall be approved for each pedestrian plaza or pocket park or parking lot unless the approving authority finds that additional stand(s) would be consistent with the intent of this chapter to promote the pedestrian experience and will not adversely impact pedestrian or vehicular circulation or be detrimental to the intent and vision for the surrounding zone.

F.    Any retail stand located in a parking lot shall comply with the following minimum standards:

1.    The retail stand shall not block entrances and exits to the parking lot or fire exit doors of any buildings;

2.    Retail stands should normally not occur in parking spaces directly in front of entrances or windows of the building;

3.    The retail stand shall comply with all other applicable city ordinances.

G.    No retail stand shall be located within eight feet of an abutting property. (Ord. 1539 §117, 2019: Ord. 1435 §6, 2014: Ord. 1163 §1, 2001).

16.70.065 Location and leasing of city property for retail stand activities.

The approving authority may designate approved retail stand sites in any zone approved for such use on publicly owned parks, pedestrian plazas or city right-of-way on a sidewalk or street side in a designated food vehicle zone. In doing so, the number of approved sites shall be limited to what the approving authority determines is appropriate to the pedestrian experience of the site and consistent with the intent and vision of the zone in which it is located. The approving authority must also find that the location of such retail stand space will not adversely affect pedestrian or vehicular traffic flow or create any undue hazard and will generally meet location criteria of LMC 16.70.050 and 16.70.060. In such cases, the city may competitively lease such spaces to street vendors consistent with policy for leasing of vending spaces to private entrepreneurs in city parks. (Ord. 1435 §7, 2014: Ord. 1163 §1, 2001).

16.70.070 Insurance.

If an area to be approved for a retail stand is City-owned, such as a sidewalk or street right-of-way, the applicant must obtain and retain public liability and property damage insurance coverage, naming the City as a co-insured, and must sign an agreement to indemnify and hold the City harmless. The amount of coverage shall be determined by the City. (Ord. 1163 §1, 2001).

16.70.080 Permit limitations.

A.    A retail stand review approval may not be transferred to another person or to a location other than that stated on the permit.

B.    Retail stands issued for public right-of-way or public property shall normally be reviewed once every year and may be extended each year for additional one-year increments if the approving authority finds that the retail stand has been operated in a way to enhance the pedestrian experience and is still a benefit to the zone in which it is located. When granting extensions, the approving authority may attach additional conditions to an approval it deems necessary to comply with this chapter or new city regulations. This shall not prohibit the city from entering into multiple-year contracts if such are considered appropriate for the site and consistent with city policy.

C.    Any permit or approval issued by the city for a retail stand on private property does not affect the permittee’s responsibility to secure and maintain a contract or written approval from the property owner. (Ord. 1435 §8, 2014: Ord. 1163 §1, 2001).

16.70.090 Permit revocation.

The approving authority may immediately revoke or suspend a permit or deny either the issuance or renewal thereof if the committee finds that:

A.    The applicant or permittee has violated or failed to meet any of the provisions of this chapter or conditions of the permit;

B.    The retail stand or operation is detrimental to the surrounding businesses or to the public due to either appearance or condition of the stand;

C.    Any required licenses have been suspended, revoked or cancelled;

D.    The applicant or permittee does not have a current, effective insurance policy in the minimum amount provided in this chapter;

E.    The scheduled hours of operation are not followed; or

F.    The property owner has withdrawn approval or revoked the contract allowing the use on his/her property.

Upon denial, suspension or revocation, the approving authority shall notify the applicant or permittee in writing of the action the approving authority has taken and the reasons therefor. After giving such notice by mail or in person, if the retail stand has not been removed within fifteen days, the city may cause a removal of any retail stand found in violation of this chapter, and is authorized to store such stand until the owner thereof shall redeem it by paying the removal and storage charges. (Ord. 1435 §9, 2014: Ord. 1163 §1, 2001).

16.70.110 Appeals.

Any decision of the city of Lacey, in the administration of this chapter, may be appealed in accordance with Chapter 1D of the City of Lacey Development Guidelines and Public Works Standards. (Ord. 1192 §184, 2002; Ord. 1163 §1, 2001).