Chapter 5.32
SALES AND PERFORMANCES ON STREETS AND SIDEWALKS

Sections:

5.32.010    Summary of chapter.

5.32.020    Purpose.

5.32.030    Definitions.

5.32.040    License required.

5.32.050    Permit application procedure.

5.32.060    License regulations.

5.32.070    Business and performance regulations.

5.32.080    Permit reregistration.

5.32.090    Permit revocation.

5.32.100    Exemptions.

5.32.110    City not liable.

5.32.120    Appeals.

5.32.130    Decisions final.

5.32.140    Enforcement – Violations.

5.32.010 Summary of chapter.

This chapter establishes regulations for street vendors and merchandise displayers and others who offer performances, artistic events, or other similar commercial or noncommercial activity on public streets and sidewalks and for vending operations on private property which impact the use of sidewalks and public ways such as take-out windows and the use of vending carts, trailers or other vending stands which are located adjacent to sidewalks or the public way. Licenses are required for street vendors, who are subject to certain restrictions such as size and placement of vending carts, goods permitted to be sold, etc. Permission must also be obtained from the abutting property owner. Merchandise displayers (i.e., those displaying merchandise in front of their shops without carts) are subject to certain restrictions, but need not obtain a license. This chapter does not apply to persons who engage in protected speech activity, including busking, consistent with the regulations in Chapter 9.46 PTMC. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 1, 1992).

5.32.020 Purpose.

It is the purpose of this chapter to provide for safe, efficient and convenient pedestrian and vehicle travel upon the streets and sidewalks of the city; to protect the beauty and aesthetic appeal of the city by controlling visual and physical clutter; to do so through the provisions of this chapter by licensing, regulation and control of streets and sidewalk vendors and other business purposes; to carry out the purposes as also hereafter expressed in this chapter; and to further public health, welfare and safety within the city. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 2, 1992).

5.32.030 Definitions.

Throughout this chapter, unless the context otherwise requires, the following definitions shall apply:

“Abutting property owner” means the owner and business owner of the building or lot immediately fronting the proposed location of a vending cart or temporary stand.

“Director” means the planning and building director of the city, or his or her designee.

“Hawking” means a loud, repeated oral solicitation of business by the vendor or displayer or their agents, employees or contractors.

“Merchandise displayer” means any person owning or operating a business of any kind which displays goods, wares or merchandise on a public sidewalk, street or alley or on private property adjacent to a public way or sidewalk where direct access from a public right-of-way or sidewalk could occur.

“Person” includes any person, partnership, corporation, association or other entity.

“Street performer” means any person, and their principals and agents, who engages or conducts in the city, either in one locality or in traveling from place to place, a temporary or transient performance activity, exhibition, or business, and who, for the purposes of carrying on such activity, uses or occupies any temporary stand on any public street, alley or sidewalk, or any part thereof, or on private property adjacent to a public way or sidewalk where direct access to the business from a public right-of-way or sidewalk could occur, for the purpose of performance, exhibition, or activity, offered or provided to the public, with or without charge; provided, this definition does not include or apply to persons who engage in protected speech activity, including busking, consistent with the regulations in Chapter 9.46 PTMC.

“Street vendor” means any person, and their principals and agents, who engages or conducts in the city, either in one locality or in traveling from place to place, a temporary or transient business for the purpose of selling, renting or soliciting offers for the sale of beverages, remedies, food, wares, merchandise or products of any kind whatsoever, and who, for the purposes of carrying on such business, uses or occupies any temporary stand, vending cart or take-out window on any public street, alley or sidewalk, or any part thereof, or on private property adjacent to a public way or sidewalk where direct access to the business from a public right-of-way or sidewalk could occur, for the purpose of exhibition and sale or rental of such food, beverages, services, goods, wares, merchandise or products or in connection with a performance, artistic event, or other similar commercial or noncommercial activity offered or provided to the public, with or without charge.

“Street vendor/performer license” means the license provided by this chapter.

“Take-out window” means any window or opening into a structure through which products of any kind are offered for sale directly to persons passing by on the sidewalk or public way.

“Temporary stand” means any tables, chairs, or combination thereof, or any booth, tent, trailer, storeroom, street or sidewalk stand, temporary and/or open lunch counter, sandwich counter or soft drink and/or portable food containers, or other temporary place for the sale of goods, beverages or consumption or the sale of any wares or merchandise of any kind or operated in connection with a performance, exhibit or other similar commercial or noncommercial activity and located upon or operated from alleyways, street or sidewalk easements, public streets or sidewalks or any other public space, or located directly adjacent to a public way or sidewalk in such a fashion that direct access to the stand from a public right-of-way or sidewalk could occur.

“Vending cart” means a movable cart or vehicle that is operated from a fixed location from which food, flowers and/or nonalcoholic beverages are offered or provided, or offered for sale or sold, to the public with or without charge. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 3, 1992).

5.32.040 License required.

It shall be unlawful for any person to act as a street vendor or street performer or operate a take-out window adjacent to public right-of-way unless that person or his or her employees shall have first received a street vendor/performer license. A street vendor license shall not be required in order to display merchandise on a public sidewalk if the display is by the abutting permanent business and conforms in all respects to the restrictions set forth in PTMC 5.32.070. A street vendor license shall not be required for vending activities located on private property where the vending cart, temporary stand, take-out window or merchandise display is set back from the public way or sidewalk by six feet or more. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 4, 1992).

5.32.050 Permit application procedure.

The following procedure shall be utilized in reviewing permit applications:

A. Application. Any person desiring to obtain a street vendor/performer license shall apply therefor to the city on forms provided by the city and such application shall set forth as to each principal street vendor applicant the following:

1. The name, address and telephone number of the principal applicant and principal operator, if different;

2. The nature or character of the food, beverages or flowers to be offered or displayed by the applicant, or the nature or character of the performance, exhibition or other commercial or noncommercial activity offered or provided to the public, with or without charge;

3. The name, address and both home and business telephone numbers of the individual acting as manager or operator for the principal applicant;

4. The address of the abutting building of the proposed street or sidewalk location of the business;

5. The name, address and telephone number of the abutting property owner of the proposed street or sidewalk location;

6. The length of time during which it is proposed that the business or display will be conducted;

7. The proposed hours of operation or display;

8. The maximum number of persons proposed to work at the location at any given time;

9. The Washington State retail sales tax number of the street vendor;

10. The city business license number of the street vendor;

11. A drawing or set of specifications for any vending cart to be used which is of sufficient detail to allow the director to determine that the cart will be structurally sound and safe;

12. Written approval on a form provided by the city, of the proposed vending site from the abutting property owner;

13. The application shall be signed by the applicant and if the applicant is not the actual street vendor, the applicant shall verify his or her authority to act as agent for the street vendor.

B. Application Fee. The completed application shall be filed with the director with a nonrefundable application fee in the amount set forth in Chapter 3.36 PTMC. The director shall not accept any application which appears incomplete or is not accompanied by the required fee.

C. Application Review. The application, together with any additional information deemed relevant by the director, shall be reviewed by the director to determine whether the proposed business or display, performance or other activity shall be permitted at the proposed location. This determination shall be made within 14 days of the receipt of a complete application. In making his or her determination, the director shall apply the following standards:

1. That the application and proposed business are in complete conformity with this chapter;

2. That the applicant and principals have conformed to this chapter and other applicable regulations when previously operating vending carts;

3. That the abutting property owners have given their approval;

4. That any proposed vending cart will be structurally sound and safe for its proposed use;

5. That the colors proposed for the vending facilities are consistent with the color guidelines adopted by the historical preservation commission unless the colors proposed have been separately approved pursuant to the historic preservation code;

6. That the proposed business or performance will be compatible with surrounding activities including nearby businesses; and

7. That the proposed business or performance and location will not unreasonably interfere with use of the street or sidewalk right-of-way by pedestrians or vehicles.

D. Application Approval.

1. The director shall approve the application if the requirements of this chapter have been met. However, the director may specify reasonable conditions of approval to ensure compatibility of the proposed business including hours of operation.

2. If the requirements of this chapter have not been met, the application shall be denied in writing addressed to the applicant, setting forth the reason for denial.

3. If an existing license is outstanding for the proposed location, a new application shall not be approved unless the previous licensee terminates his or her license.

E. License Issuance. Upon approval of the application, a license will be issued to the applicant after the applicant has submitted to the director the following:

1. A copy of an approved sign permit, if applicable;

2. A copy of any applicable health department permit;

3. A copy of any applicable city business license or temporary business license;

4. Proof of liability insurance naming the city as additional insured in amount and policy provisions as approved by the city attorney;

5. Payment of a nonrefundable license fee in the amount specified in Chapter 3.36 PTMC.

Upon receipt of the above, the license shall be issued, which shall contain such restrictions and conditions as contained in, and necessary to, properly administer the terms of this chapter.

F. License Term. Each license shall be for a term not to exceed three years, commencing on January 1st of the calendar year in which the license is issued, and terminating on December 31st of the third next succeeding calendar year, unless otherwise revoked pursuant to this chapter, except the license term for a street performer license shall be for one 12-month period only, and terminate one year after issuance of the license, unless otherwise revoked pursuant to this chapter. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 5, 1992).

5.32.060 License regulations.

The following regulations shall apply for all licenses issued pursuant to this chapter:

A. Nontransferability. No license issued under this chapter may be transferred or assigned to any other person.

B. Display of License Required. The license shall be prominently displayed at all times on the vending cart or temporary stand. The license shall be exhibited to any police officer or to the director or his or her designee upon his or her request.

C. Compliance with Other Laws and Permits – Nonvesting. The licensee shall at all times comply with all laws, regulations and permits applicable to the licensee’s business, performance or activity; provided, however, that no off-street parking requirements shall exist or be imposed for any operation or that part thereof being conducted solely under a license issued under this chapter. A licensee is not vested to existing laws, regulations and permit requirements, and is subject to subsequent changes in laws, regulations and permit requirements applicable to licensee’s business or activity. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 6, 1992).

5.32.070 Business and performance regulations.

The following regulations shall apply to all street vendor and/or performance license holders and merchandise displayers and their agents, employees and contractors, and to the conduct, operation and location of the business or performance:

A. Area Restrictions. If the location is a sidewalk, a minimum sidewalk clearance of five feet shall be maintained between any vending cart, temporary stand or merchandise display and any other fixed or temporary obstruction or planting. Temporary stands or vending carts shall be placed no further than six feet from the adjoining building face or right-of-way limit. Merchandise displays may not be placed further than four feet from the adjoining building face or right-of-way limit. If located on a street, the business or performance shall be oriented and operated to sidewalk traffic and not to vehicle traffic. No street vending cart, temporary stand or merchandise display shall be permitted, nor shall any permit be issued for any area within the city other than the C-III zone under the city zoning ordinances.

B. Assigned Location. The street vendor or street performer shall at all times locate and operate the business together with the vending cart or temporary stand in the assigned location. Mobile vending or performance using mobile carts or stands is not permitted.

C. Size. The maximum permissible size for any vending cart or temporary stand shall be four feet wide by six feet long by five feet high, except that umbrellas which meet the other provisions of this chapter may be allowed, and except that incidental accessories may be attached or placed within 18 inches of the ends of the cart where approved by the director, and except the vending cart or temporary stand may exceed the permissible size limits if it meets the area restrictions in subsection A of this section. Take-out windows shall not exceed the maximum length for vending carts allowed under these regulations.

D. Goods. Food, nonalcoholic beverages and flowers are the only goods permitted to be offered, displayed or sold from vending carts. Merchandise displayers who are operating without use of a vending cart or temporary stand may display merchandise which is also on display within the permanent, abutting building, and has been on display and has constituted a regular and material part of the merchandise of the permanent, abutting building. No other goods, merchandise or services of any kind are permitted, except as permitted by the license.

E. Removal of Carts, Temporary Stands, and Merchandise. Each vending cart, temporary stand, and all merchandise must be removed from the public right-of-way upon close of business each day.

F. Loud Noises/Sound Devices. Mechanical audio or noise-making devices, sound amplification or reproduction devices or hawking are not permitted.

G. False Statements. If at any time it is found that any false statements were made in the application, any license issued under the provisions of this chapter may be revoked.

H. Obstruction of Right-of-Way. No vending cart, temporary stand, take-out window or merchandise display shall be located or operated in a way which unreasonably obstructs pedestrian or vehicle traffic. No lines of persons or customers shall be permitted which reduce the required sidewalk clearance. The chief of police or director may set conditions to ensure free sidewalk passage and/or public safety.

I. Cleanup/Maintenance. Each vending cart, temporary stand, or merchandise display or performance site must be kept clean and orderly at all times, and each street vendor shall provide a refuse container. Food product vendors shall also provide recycling facilities.

J. Signs. All signs shall conform to provisions set out in Chapter 17.76 PTMC, and any license issued under this chapter. The total sign area displayed on a vending cart or temporary stand shall not exceed six square feet. No advertising shall be permitted of any activity, business or establishment other than the business or activity licensed to operate the vending cart or temporary stand. Signage for any street vendor or street performer licensed under this chapter shall not be included in the allowable sign area of the abutting building calculated pursuant to Chapter 17.76 PTMC.

K. Annual Fee. An annual fee or temporary fee in the amount specified in Chapter 3.36 PTMC shall be paid at the time of issuance of a street vendor license and on or before January 1st of each succeeding calendar year in which the license remains valid.

L. Temporary Closure or Exclusions. Any permit is subject to temporary closure or exclusion from public areas at the discretion of the chief of police or director of development services during other city-approved events or in the event of emergency. (Amended by council motion, 9/2/14; Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 7, 1992).

5.32.080 Permit reregistration.

Whenever a licensed vendor or performer ceases doing business in the city for a period of 30 days or more, prior to resumption of business, the vendor shall register by notifying the director in writing. Any such reregistration shall not be valid beyond the respective one- or three-year term of the original license. These requirements are subject to the permit revocation conditions in PTMC 5.32.090, which provide for permit revocation if the vendor or performer ceases doing business within the city for a period of 180 days, or for any consecutive 14-day period between April 15th and October 15th of any calendar year. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 8, 1992).

5.32.090 Permit revocation.

A license may be summarily revoked under the following conditions:

A. Failure to comply with any of the terms of this chapter;

B. Failure to comply with the terms of the license;

C. Misrepresentation of facts in the licensee’s application for the license or any other necessary permit;

D. Creation of any unreasonable hazard to the public health or unreasonably interfering with parking availability, vehicle or pedestrian access or travel;

E. Whenever a licensed vendor or performer ceases doing business within the city for a period of 180 days, or for any consecutive 14-day period between April 15th and October 15th of any calendar year;

F. As otherwise provided for in this chapter. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 9, 1992).

5.32.100 Exemptions.

The following persons and activities shall be exempt from the licensing requirements under this chapter:

A. Newspaper carriers and newspaper dispensing machines;

B. Nonprofit civic, charitable, fraternal, religious and youth organizations, such as Little League, Boy Scouts, Girl Scouts, and similarly situated nonprofit organizations operating for short-term special events or activities;

C. Activities authorized and permitted under Chapter 12.10 PTMC, street use permits, including sidewalk cafes authorized by that chapter;

D. This chapter does not apply to persons who engage in protected speech activity consistent with the regulations in Chapter 9.46 PTMC. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 10, 1992).

5.32.110 City not liable.

Neither the city nor its officers, agents, employees or contractors shall be liable for any claim, loss, injury or damage to persons or property of whatsoever kind or nature, caused in whole or in part by or arising directly or indirectly out of the issuance of any license under this chapter, or the conduct or operation of any such street vending business or merchandise display by any person. As a further condition to issuance of any license under this chapter, the city may require the licensee to execute, in such form and substance as are acceptable to the city, a hold harmless and indemnification agreement by which the licensee agrees to hold harmless and indemnify the city, its officers, agents, employees and contractors from and against any and all liability arising out of the conduct and operation of the licensee’s business. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 11, 1992).

5.32.120 Appeals.

Any decision made by the director under this chapter may be appealed in writing by the aggrieved party to the hearing examiner within 14 days following the date of the decision. Any and all such appeals shall be subject to the procedures and fees established in Chapter 1.14 PTMC. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 12, 1992).

5.32.130 Decisions final.

Any decision, finding, ruling, order or determination of the director or the hearing examiner made pursuant to this chapter shall be final at the time a final order or decision is issued in written form, and no action to set aside or modify the same shall be brought in the superior court or other tribunal unless the action shall be filed within 30 days from the effective date of such decision, finding, or ruling, order or determination. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 13, 1992).

5.32.140 Enforcement – Violations.

A. Before enforcing this chapter, or any license conditions, code enforcement officer(s) shall give a verbal warning informing the violator of the violation and an opportunity to cease the activity. If the violator continues the activity after this warning, the code enforcement officer(s) may proceed with enforcement.

B. Violation of this chapter shall constitute a civil infraction, and the chief of police or city police officer may issue a notice of civil infraction pursuant to Chapter 7.80 RCW. Civil infractions are not crimes. The provisions of Chapter 7.80 RCW, including any amendments thereto, are adopted by reference in this chapter and rules as if set forth in full. “Enforcement officer” as set forth in Chapter 7.80 RCW is the chief of police (or designee) or police officer of the police department.

The civil infraction penalty is $200.00 per violation.

For a second violation by the same person within a period of two years, the penalty shall be $400.00.

C. A person who has been issued a notice of civil infraction for a violation of this chapter, and who willfully and knowingly continues or engages in additional conduct prohibited by this chapter after having been issued a notice of civil infraction for a violation of this chapter, or fails to comply with a directive to cease the activity, is guilty of a misdemeanor, and may be cited and/or arrested in connection with the offense.

D. Unattended structures, materials or obstructions may be picked up and removed without notice by the city. Except in an emergency, the police shall make a reasonable effort to notify the person responsible for the unattended structures and to advise the person that unattended structures are not permitted and are subject to removal.

“Reasonable notice” may be leaving a written notice on the structures, materials or obstructions of the requirements of city code. Attended structures, materials or obstructions may be picked up and removed after notice by the city to the violator of the violation and the violator, after being given an opportunity to cease the activity, fails to do so. Items picked up shall be freely available to return to the owner; provided, that the owner is responsible for and shall pay all costs of city removal before being allowed to retrieve the items. The cost of removal shall include, but it is not limited to, city employee (officer) time, at the employee’s (or officer’s) hourly salary plus benefits, transportation costs, storage fees and costs, interest and attorneys’ fees and costs; provided, for a first offense, the total cost shall not exceed $100.00. The city shall not be liable for any loss or damage to structures, materials or obstructions picked up, removed and stored by the city pursuant to this chapter. (Ord. 3114 § 1 (Exh. A), 2014; Ord. 2296 § 14, 1992).