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012 of 1991 - Sidewalk Vending0 91-1 001-4 SALT LAKE CITY ORDINANCE No. 12 of 1991 (Sidewalk Vending) AN ORDINANCE ENACTING CHAPTER 65 OF TITLE 5, SALT LAKE CITY CODE, RELATING TO SIDEWALK VENDING. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 65 of Title 5, Salt Lake City Code, be, and the same hereby is, enacted to read as follows: Title 5 Chapter 65 Section 5.65.010 Definitions. Section 5.65.020 Sidewalk vending allowed. Section 5.65.030 Regulatory permit and fee required. Section 5.65.040 Application for regulatory permit. Section 5.65.050 Separate applications. Section 5.65.060 Insurance required. Section 5.65.070 License and permit --Issuance conditions. Section 5.65.080 Form and conditions of regulatory permit. Section 5.65.090 Use, site and design review required. Section 5.65.100 Items for sale. Section 5.65.110 Location review. Section 5.65.120 Location requirements. Section 5.65.130 Design review. Section 5.65.140 Design requirements. Section 5.65.150 Fire marshal inspection. Section 5.65.160 Approved kitchen. Section 5.65.170 Operational regulations. Section 5.65.180 Special events. Section 5.65.190 Denial, suspension or revocation of business license and regulatory permit. Section 5.65.200 Penalty for violation. Section 5.65.210 Violation a nuisance --Summary abatement. 5.65.010 Definitions. For the purpose of this chapter, the following words shall have the meanings as defined in this section: A. "Expanded Central Business District" means the following streets within Salt Lake City and all areas bounded within such streets: 1. North Temple street on the north, from Fourth West street to Third West Street; 2. Third West Street on the east, from North Temple street to South Temple street; 3. South Temple street on the north, from Third West Street to Second East street, on the south side of South Temple Street only; 4. Second East street on the east from South Temple street to Sixth South street; 5. Sixth South street on the south from Second East street to State Street; 6. State Street on the east from Sixth South street to Ninth South street; 7. Ninth South street on the south from State Street to Fourth West street; 8. Fourth West street on the west from Ninth South street to North Temple street. B. "Permit operating area" means a portion of a sidewalk which has been designated by the city for the conduct of business. C. "Sidewalk vending cart" means a mobile device or push cart meeting all of the requirements of this chapter for the conducting of business in a specified permit operating area approved by the city. D. "Sidewalk vendor" means a person meeting all of the requirements of this chapter and being issued the appropriate business license and regulatory permit to conduct business in a specified permit operating area by the use of a sidewalk vending cart. E. For purposes of this ordinance a "single product type" means one, but not more than one, of the following: 1. Food for immediate consumption, including beverages; or 2. Inflated balloons and/or fresh cut flowers. F. "Special Event" means the Days of '47 Parade, Christmas Parade, children's parades or other special events which the Mayor shall so designate. G. "Sugar House Business District" means those streets within Salt Lake City as follows: 1. Twenty First South street from Ninth East street to Thirteenth East street; 2. Highland Drive street between Ramona Avenue and the I- 80 Freeway; 3. Wilmington Avenue from Highland Drive to Thirteenth East street. 5.65.020 Sidewalk vending allowed. Vendors of products specified in this chapter may conduct business by use of sidewalk vending carts within the Expanded Central Business District, the Sugar House Business District, Pioneer Park, Dinwoody Park and Washington Square, in accordance with the provisions of this chapter. It shall be unlawful for any person to sell any goods or services, for profit, on any sidewalk within Salt Lake City, except as provided by this chapter or by Section 5.64.010.C. pertaining to sidewalk sales by abutting property owners or possessors. The provisions of this -3- chapter notwithstanding, nothing in this chapter shall pertain to newsracks, telephone or telex booths or stands, post boxes, nor to the sale by nonprofit organizations of merchandise which is inextricably intertwined with a statement carrying a religious, political, philosophical or ideological message. 5.65.030 Regulatory permit, lease or revocable land use permit, and fees required. No person shall conduct business on any city sidewalk, without first obtaining a valid business revenue license and a sidewalk vendor regulatory permit from the office of permits and licensing, entering into a lease or revocable land use permit for the use of city property, and paying the required fees. In addition to the business revenue license fee, the sidewalk vending regulatory fee shall be seventy-five dollars per year and the annual lease or revocable land use permit payment shall be one hundred seventy-five dollars. 5.65.040 Application for regulatory permit. Application for a regulatory permit to conduct business at a particular permit operating area shall be made with the permits and licensing office on forms prepared by the business license supervisor. Such application shall require the following information: A. The correct legal name and present residence address and telephone number of the applicant. B. The expiration date of applicant's business revenue license, if any. C. Type of product to be sold. Individual applications shall be accepted for a single product type only. Written notification shall be provided to the permits and licensing office of any proposed change of product type. D. A certified copy of all permits required by State or local health authorities. E. A signed statement that the permittee shall hold Salt Lake City and its officers and employees harmless from any and all liability and shall indemnify Salt Lake City and its officers and employees for any claims for damage to property or injury to persons arising from any activity carried on under the terms of the permit. F. A description of the means to be used in conducting business including but not limited to a description of any mobile container or device, to be used for transport or to display products or services to be offered for sale. Said description of the container or device shall be in the form of detailed scale drawings of the device to be used, material specifications, and in isometric drawing in color of at least two views showing all four sides of the vending device and any logos, printing or signs which will be incorporated and utilized in the color scheme. Said description shall include any additional items (e.g., color and material samples, layouts of signage and graphics, or photographs) which may reasonably be necessary to clearly visualize the proposed design. G. The proposed permit operating area for conducting applicant's business, including a diagram showing the proposed -5- area in proximity to nearby streets, intersections and property owners and adjacent ground level tenants. 5.65.050 Separate applications. A separate application shall be required for each mobile container or device to be used for transportation or display. Individual applications shall be accepted for one permit operating area only. No application shall be accepted for a permit operating area for a term of which a current sidewalk vendor permit has been issued, remains unexpired or otherwise is not terminated or for which an application is pending. The permit operating area may be changed upon written application therefor accompanied by an additional application fee and upon approval of the planning official. 5.65.060 Insurance required. No sidewalk vending permit shall be issued or continued in operation, unless there is on file with the city recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state, approved as to form by the city attorney, that there is in full force and effect public liability, food products liability and property damage insurance covering the operation of applicant's business operations with minimum limits of $250,000/$500,000 for personal injury and $100,000 for property damage or such greater amounts as set forth in Section 63-30-34, Utah Code Annotated, 1953, as amended, or its successor. A current certificate of insurance shall be kept on file with the city's recorder at all times that a sidewalk vending permit is held verifying such -6- continuing coverage and naming the city as an additional insured. The certificate shall contain a statement that the city will be given written notification at least thirty days prior to cancellation or material change in the coverage without reservation of non -liability for failure to so notify the city. Cancellation shall constitute grounds for revocation of the sidewalk vending permit issued hereunder unless another insurance policy complying herewith is provided and is in effect at the time of the cancellation/termination. 5.65.070 License and permit --Issuance conditions. A. The city business license supervisor shall approve the issuance of a business license and a regulatory permit to the applicant, unless the supervisor finds one or more of the following: 1. The applicant has failed to provide the information on the application required by this chapter. 2. The applicant has falsely answered a material question or request for information as authorized by this chapter. 3. The applicant has failed to meet any of the provisions of this chapter. 4. There are grounds for denial as set forth in Section 5.02.250, or its successor section, or in any other Salt Lake City ordinance or state or federal law or regulation. B. Applications for permits for a particular permit operating area for the remainder of calendar year 1991 following May 1, 1991 shall be accepted beginning March 15, 1991. Applications received between March 15, 1991 and April 1, 1991 -7- shall be awarded by chance drawing to be held at a date and time to be determined by the Zoning Administrator, but no later than April 5, 1991. Any permit operating areas remaining after said drawing shall be awarded on a first -come first -served basis beginning the day following the drawing. Incomplete applications shall be rejected. C. Applications for permits or renewal of permits for a particular operating area for a calendar year beginning the following January 1 shall be accepted beginning December 1. Applications received between December 1 and December 21 shall be awarded by chance drawing, at a date and time to be determined by the Zoning Administrator, but no later than January 10. Any permit operating areas remaining after said drawing shall be awarded on a first -come first -served basis beginning the day following the drawing. Incomplete applications shall be rejected. 5.65.080 Form and conditions of regulatory permit. The regulatory permit issued shall be on a form deemed suitable by the business license supervisor. In addition to naming the permittee the permit shall contain the following conditions: A. Each permit issued shall expire at midnight on December 31st of the year so issued. B. The permit issued shall be personal only and not transferable in any manner. C. The permit shall be valid only when used at the permit operating area designated on the permit. -8- D. The permit shall be openly displayed on the permitted vending cart during all times of operation. E. The permit is valid for one cart only. F. The permit operating area may be changed, either temporarily or permanently, by written notice from the traffic engineer to permittee, in the event of construction or remodeling of any nearby structure or of a force majeure which, in the opinion of the traffic engineer, renders permittee's continued operation at the original permit operating area unsafe for any person. The term "force majeure," as used in this section, means acts of God, acts of public enemy, blockades, wars, insurrections or riots, epidemics, landslides, earthquakes, fires, storms, floods or washouts, civil disturbances, or explosions. G. The permit is subject to the further restrictions of this chapter. H. The permit as it applies to a given permit operating area may be suspended by the Mayor for periods of not to exceed ten days for Special Events, as defined by Section 5.65.010. 5.65.090 Use, site and design review required. Prior to issuance of a sidewalk vending regulatory permit, all applications therefor shall be reviewed and approved by the planning official to assure the proposed vendor meets the use and design criteria and by the transportation engineer to assure com- pliance with the location criteria as set forth in this chapter. 5.65.100 Items for sale. A. Items approved for sale from sidewalk vending carts shall be limited to the following: -9- 1. Food for immediate consumption, including beverages; 2. Inflated balloons; and 3. Fresh cut flowers. B. The performance of personal services for sale shall not be provided from a sidewalk vending cart except as such may be necessary in connection with the sale of items allowed for sale under this section. 5.65.110 Location review. A. The permit operating area must be within the Expanded Central Business District, the Sugar House Business District, Pioneer Park, Dinwoody Park, or Washington Square. B. The use of the permit operating area for sidewalk vending must be compatible with the free flow of pedestrian and other traffic and with public safety. In making such determination, the traffic engineer shall consider the width of sidewalk, the presence of bus stops, truck loading zones, taxi stands or hotel zones, the proximity of entrances to nearby business establishments, and the proximity and location of existing street furniture, including but not limited to: signposts, lamp posts, fire hydrants, parking meters, bus shelters, benches, phone booths, street trees and newsstands. C. In the event the applicant is dissatisfied with the traffic engineer's decision regarding a certain application, he/she may appeal the decision by filing a written request with the business license supervisor for a hearing before a hearing examiner appointed by the mayor in accordance with the procedures set forth in chapter 5.02, or its successor chapter. -10- 5.65.120 Location requirements. A. No more than one vending permit operating area shall be allowed for each three hundred thirty feet of block frontage. On blocks smaller than six hundred sixty feet, only one vending permit operating area shall be allowed. On blocks longer than six hundred sixty feet, an additional permit operating area shall be allowed for every three hundred thirty feet of block frontage. No more than one vending permit operating area shall be allowed per every 40,000 square feet of public open space in each of the following: Pioneer Park, Dinwoody Park, or Washington Square, except that at least one vending permit area may be awarded in each of said locations regardless of the available square footage. B. No vendor may occupy the same permit operating area two (2) years in a row, unless there are no other applicants which request such area. C. No person may conduct business from a sidewalk vending cart in any of the following places: 1. Within ten feet of the intersection of the sidewalk with any other sidewalk or mid -block crosswalk, except that the traffic engineer may waive this restriction in writing for any location upon finding that construction of extra -width sidewalks makes such use consistent with the standards established by Sections 5.65.110. 2. Any location which would reduce the clear, continuous sidewalk width to less than four feet. 3. Within five feet of an imaginary perpendicular line running from any building entrance or doorway to the curb line; 4. Within five feet of any handicapped parking space, or access ramp; 5. Within ten feet of any bus stop; 6. Within five feet of any display window. D. No food vendor shall operate within one hundred feet on the same linear block face of a door to a restaurant or fruit or vegetable market, with direct access to the sidewalk. No flower or balloon vendor shall operate within one hundred feet on the same linear block face of a door to a flower or balloon shop, with direct access to the sidewalk. The above requirement may be waived if the application is submitted with the written consent of the proprietor of such restaurant or shop. The consent shall be on forms deemed appropriate by the License Supervisor. Payment of any consideration to a proprietor of such restaurant or shop or receipt of such consideration by a proprietor for such written consent is prohibited. Such waiver shall not except the permittee from compliance with the other location and distance restrictions of this chapter. 5.65.130 Design review. The planning official shall examine the sidewalk vending application to determine if the proposed design meets the design requirements of Section 5.65.140 applying current urban planning standards. In addition, the planning official, shall consider whether or not the proposed design, materials, colors, signage -12- and graphics are compatible with the immediate surroundings of the proposed installation. 5.65.140 Design Requirements. A. The area occupied by the mobile device or pushcart, together with the operator and any trash receptacle, shall not exceed twenty-four square feet of sidewalk space. B. The length of the mobile device or push cart shall not exceed six feet excluding hitch; the hitch shall not extend the length of the cart more than one foot. C. The height of the mobile device or push cart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed five feet. D. Umbrellas or canopies shall be a minimum of seven feet above the sidewalk. E. Umbrellas or canopies shall not exceed forty square feet in area. F. The mobile device or push cart shall be on wheels and of sufficiently lightweight construction that it can be moved from place to place by one adult person without any auxiliary power. The device or cart shall not be motorized so as to move on its own power. 5.65.150 Fire marshal inspection. Prior to the issuance of any permit, the fire marshal shall inspect and approve any mobile device or push cart containing cooking or heating equipment to assure the conformance of any such equipment with the provisions of the city fire code. 5.65.160 Approved kitchen. If the vending cart includes an area for food preparation and/or sale, it must be approved by the Salt Lake City -County Department of Health. 5.65.170 Operational regulations. A. All persons operating under a sidewalk vendor regulatory permit issued by the city shall comply with the following regulations: 1. Display in a prominent and visible manner the business license issued by the city under the provisions of this chapter and conspicuously post the price of all items sold; 2. Pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk within twenty five feet of the place of conducting business; and clean up all residue from any liquids spilled upon the sidewalk within said twenty- five foot area. Each person conducting business on a public sidewalk under the provisions of this chapter shall carry a suitable container for the placement of such litter by customers or other persons; 3. Obey any lawful order of a police officer to move temporarily to a different location to avoid congestion or obstruction of the sidewalk or to remove the vending cart entirely from the sidewalk, if necessary, to avoid such congestion or obstruction; 4. Conduct no sidewalk vendor business at a location other than that designated on his/her permit; -14- 5. Make no loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to his/her wares; 6. Leave any permitted cart or device unattended on a sidewalk nor remain on the sidewalk between midnight and 6:00 a.m. of any twenty-four hour period; 7. Conduct no business in violation of the provisions of any ordinance or mayor's executive order providing for a Special Event, as B. as long defined by Section 5.65.010. Seasonal changes in product types shall be acceptable as not more than one single product type is sold at the same time. C. Food and non-food items shall not be vended from the same cart. 5.65.180 Special events. The restrictions of this chapter notwithstanding, nothing herein shall prohibit the City from authorizing vendors, other than those licensed under this chapter, to conduct concurrent sidewalk vending operations within the Expanded Central Business District, or such other areas as the City may deem appropriate, during Special Events (Special Event Vendors). Said Special Event Vendors shall not be governed by this chapter, but shall be governed by such other ordinance, City Policy, or Executive Order as may be applicable. However, such authorization of Special Event vendors shall not require removal of a permittee under this chapter from operating within his/her designated permit operating area during such Special Event, unless otherwise provided under the City's ordinances. 5.65.190 Denial, suspension or revocation of business license and regulatory permit. A. The business license supervisor may revoke or suspend the business license and sidewalk vendor regulatory permit, or deny renewal thereof, of any person to conduct business on the sidewalks of Salt Lake City if he/she finds: 1. That such person has violated or failed to meet any of the provisions of this chapter; 2. That there are grounds for denial, suspension or revocation as set forth in Section 5.02.250, or its successor section, or in any other Salt Lake City ordinance or state or Federal law or regulation. 3. Any required license or permit has been suspended, revoked or cancelled; or 4. The permittee does not have a currently effective insurance policy in the minimum amount provided in this chapter; or 5. That the permittee has abandoned the use of the permit operating area for the conducting of business. The failure of a permittee to vend from a vending cart within the permittee's permit operating area for thirty continuous calendar days or more, except during the period December, January, and February, shall constitute abandonment. B. Upon denial, suspension or revocation, the business license supervisor shall give notice of such action to the permit -16- holder or applicant, as the case may be, in writing stating the action he/she has taken and the reasons therefor. Such notice shall contain the further provision that it shall become final and effective within ten days, unless such action is the result of a failure of the permittee to maintain liability insurance as required by this chapter, or is the result of a threat to the public health, safety or welfare in which case the action shall be effective immediately upon issuance of such notice. Any person receiving such notice, other than a notice effective upon issuance, shall have ten days from the date of receipt thereof to file a written request with the license supervisor for a hearing thereon before a hearing examiner appointed by the mayor. Upon receipt of such request the license supervisor shall schedule a hearing in accordance with the procedures set forth in Chapter 5.02, or its successor chapter. If the notice of denial, suspension or revocation is effective upon issuance thereof, as provided in this section, a hearing shall be held within five business days of the date of issuance without any requirement of a request for such hearing from the permit holder. 5.65.200 Penalty for violation. Any person convicted of violating any of the provisions of this chapter shall be guilty of a class B misdemeanor, and shall be punished as provided by section 1.12.050, Salt Lake City Code, or its successor section. 5.65.210 Violation a nuisance --Summary abatement. The placement of any cart or device on any sidewalk in violation of the provisions of this chapter is declared to be a -17- public nuisance. The planning official may, as provided by law, cause the removal of any cart or device found on a sidewalk in violation of this chapter and is authorized to store such cart or device until the owner thereof shall redeem it by paying the removal and storage charges. SECTION 2. That Section 21.64.010, Salt Lake City Code, relating to permitted uses and prohibited uses in C-4 commercial districts be, and the same hereby is, amended to read as follows: 21.64.010 Permitted uses and prohibited uses. All buildings and premises in the C-4 district may be used for any purpose permitted in a C-3 commercial district except the following, which are hereby prohibited or made conditional: A. Prohibited: 1. Billboards 2. Open storage of merchandise or equipment, except as otherwise provided in Chapter 65 of Title 5 or its successor chapter relating to sidewalk vending, B. SECTION 3. EFFECTIVE DATE. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 5th day of March , 1991. CUA, ?elm v ME, CHAIRPERSON 1 ATTEST: Transmitted to the Mayor on Mayor's action: ATTES rr►� Cl Y REVL "DER (SEAL) March 6, 1991 X Approved Bill No. 12 OF 1991. Published: March *, 1991 . LVS:rc 3/6 Vetoed. B'P y MAYOR