Chapter 5.15
SIDEWALK BUSINESS REGULATIONS

Sections:

5.15.010    Sidewalk business defined.

5.15.020    License required.

5.15.030    City not liable.

5.15.040    Indemnity.

5.15.050    Liability insurance required.

5.15.060    Applicable permits required.

5.15.070    Cleanup required.

5.15.080    Unlawful actions.

5.15.010 Sidewalk business defined.

A “sidewalk business” is a business situated on a public sidewalk. [Ord. 913 § 1, 2001; Ord. 740, 1993.]

5.15.020 License required.

No person, firm or corporation shall operate a sidewalk business; provided, however, that a licensed business in the commercial central zone may operate a sidewalk business if the sidewalk business is operated adjacent to the licensed business. A license that is issued to a sidewalk business shall expire concurrent with the regular business license. [Ord. 913 § 1, 2001; Ord. 740, 1993.]

5.15.030 City not liable.

Neither the city of Roslyn nor its employees 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 hereunder, or the conduct or operation of any such business. [Ord. 913 § 1, 2001; Ord. 740, 1993.]

5.15.040 Indemnity.

Prior to the operation of any such business, the owner shall execute and deliver to the city on a form supplied by the city clerk an agreement in writing to defend, indemnify and hold harmless the city and its employees from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such business. [Ord. 913 § 1, 2001; Ord. 740, 1993.]

5.15.050 Liability insurance required.

Prior to the operation of any such business, the owner shall file with the city clerk evidence of comprehensive public liability insurance. The limits of such policy shall be not less than $1,000,000 for each incident or personal injury or death, $2,000,000 aggregate coverage for any single accident or occurrence, and $1,000,000 property damage coverage.

The city of Roslyn shall be an additional insured party on such policy. Such policy shall insure against liability from injury or damage resulting from applicant’s occupancy of or activities on public right-of-way under the license to be issued. Said insurance shall be maintained in effect during the term of the license. At any time upon demand, the licensee shall provide the city clerk with proof that such insurance is in effect. [Ord. 913 § 1, 2001; Ord. 740, 1993.]

5.15.060 Applicable permits required.

All regular business license requirements shall be met before any such business can be conducted. Any such business dispensing food shall not operate except upon proof that the business has all valid licenses or permits required by any authority having jurisdiction over the conduct of the business to be conducted by the applicant, for example, Kittitas County health department food service license and food handlers permits, or any other applicable license or permit required by the city of Roslyn, county of Kittitas or state of Washington. The design of the business apparatus must be approved by the planning commission. [Ord. 913 § 1, 2001; Ord. 746, 1993; Ord. 740, 1993.]

5.15.070 Cleanup required.

Each business must provide a sufficient litter receptacle for customer use, and must keep the area within a 50-foot radius of any such business reasonably clean of all litter and trash that originates from the goods, drink and/or food sold by the business, such as wrappers, sacks, cups, napkins and the like. Such litter or trash shall be deposited in garbage containers. [Ord. 913 § 1, 2001; Ord. 740, 1993.]

5.15.080 Unlawful actions.

A. It is unlawful for the owner of any such business to fail to maintain the sidewalk area of the business free of litter.

B. It is unlawful for the owner of any such business to fail to provide a pedestrian walking space immediately adjacent to the sidewalk business area of at least one-half of the width of the total sidewalk area used for a business, but in no case shall the walking space be less than five feet in width.

C. It is unlawful for the owner of any such business to use utilities except by conventional, permanent connections.

D. It is unlawful for the owner of any such business to sell merchandise, including food, ice cream or confections on the street except when a street is closed for a community event and such vending is specifically authorized.

E. It is unlawful for the owner of any such business to place their business anywhere on the sidewalk except immediately adjacent to the adjoining permanent business building of said business owner. [Ord. 913 § 1, 2001; Ord. 740, 1993.]