Loading...
HomeMy WebLinkAboutItem #3 Public Space Vendorlao"�t\ CHUBBUCK 1 0 A H 0 Memo To: Honorable Mayor & City Council Office of Community Services & Economic Development 290 E Linden Ave., Chubbuck, ID 83202 208.237.2430 www.CityofChubbuck.us From: Devin Hillam, Community Services & Economic Development Director Date: January24, 2022 Re: Public Space Vendor Permitting Policy- Draft Following direction and feedback from the Mayor and Council at prior Council meetings, I present the attached policy draft for Council consideration and feedback. Upon review, I found that a Public Space Vendor program would be best accomplished through the creation of an exemption to our Temporary Vendor program and so in the following attachment, I include both a) necessary amendments to existing code, and b) a draft new chapter for city code. The new chapter is based upon a review of the policies in jurisdictions around the state of Idaho, considerations for what Council and Mayor have discussed, and on discussions with city staff. H:\Memos\01.24.22 Memo to Council_Public Space Vendor Permitting draft.docx 1 Amendments to Existing Code to Accommodate New Policy: 1. Exempting Public Space Vendors from the temporary vendor license requirements. 2. Removing certain requirements for temporary vendor applications due to current shift to online permitting program. 5.44.010: PURPOSE AND INTENT: A. It is the intent of the council in enacting this chapter: 1. To serve and protect the health, safety and welfare of the general public; 2. To establish a uniform set of rules and regulations that are fair and equitable; 3. To develop standards for street vendors and those vending from temporary locations; 4. To provide economic development opportunities to small entrepreneurs in the city; and 5. To promote stable vendors who will enrich the city's ambiance and be assets to public security. B. The regulations contained in this chapter are not intended to prohibit or hamper speech that is protected by the first amendment of the United States or Idaho constitution, but merely to regulate specific activities that are commercial in nature. (Ord. 637, 2007) 5.44.020: LICENSE REQUIRED: No person or entity required to have a temporary vendor's license under this chapter shall engage in any trade or business within the Chubbuck city limits without a license issued pursuant to this chapter. The license issued hereunder shall be independent of any other licenses issued or required by the city or any other governing body but a license issued hereunder will be in lieu of the occupational license issued under chapter 5.04 of this title. (Ord. 637, 2007) 5.44.030: USES REQUIRING LICENSE: The following uses or events shall require a temporary vendor's license under this chapter: A. Any vendor operating from a street, car, or motor vehicle; B. Any vendor operating from a temporary location; C. Christmas tree lots; D. Pumpkin patches; E. Outdoor special events and sales, including sidewalk and parking lot sales; F. Mobile food vendors; G. Grand opening celebrations; H. Tent sales or events; I. Outdoor festivals or fairs. (Ord. 637, 2007) 5.44.040: EXCEPTIONS: The following events shall not be subject to regulation under this chapter but may require licenses under other chapters of this code: A. Operating at a city sponsored community event, parade or street event such as Chubbuck Day; B. Residential garage sales; C. Catering businesses not selling at retail; D. Fireworks stands; E. Any vendor operating with the permission of, and upon the land of another retailer pursuant to a written lease for not less than twelve (12) months and for which the retailer assures compliance with generally acceptable business practices consistent with the retailer's operation. (Ord. 637, 2007) IF. Any mobile food/beverage vendor with an active Public Space Vendor Permit in accordance with Chapter 5.48. L 5.44.050: LIMITATION ON OPERATIONS: The following limitations shall apply to the described event or use (provided such is not an exception under section 5.44.040 of this chapter): A. Christmas tree lots: Only allowed between November 15 and December 31 of any given year; B. Outdoor special events and sales, including sidewalk and parking lot sales: Allowed only four (4) times per year, with a maximum event time of fourteen (14) days, followed by an equal number of "dark" days with no vending and no displaying of merchandise; C. Mobile food vendor if operating at a stationary location: Allowed only four (4) times per year, with a maximum event time of fourteen (14) days, followed by an equal number of "dark" days; D. Mobile food vendor if operating from a motor vehicle that moves from location to location: The foregoing limitation for mobile food vendors operating at a stationary location shall not apply but the vehicle must be removed from the site each evening no later than nine o'clock (9:00) P.M.; E. Grand opening celebrations: Only one per business or regrand opening involving corporate change of ownership, change of location, or substantial remodeling of an existing location and not more than once in a calendar year; F. Tent sales or events: Allowed only four (4) times per year, with a maximum event time of fourteen (14) days, followed by an equal number of "dark" days with no sales or displays taking place. (Ord. 637, 2007) 5.44.060: PERFORMANCE STANDARDS: Each licensee under this chapter shall comply with the following: A. The use must be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise, odor, dust, aesthetics, or other nuisances. B. Any increase in traffic resulting from the use will not have a significant adverse effect upon the surrounding area or the city at large. C. The proposed use will conform with all applicable policies and ordinances of the city. D. Adequate parking must be provided in areas not located within the public right of way and cannot interfere with more than ten percent (10%) of the on site parking, disabled accessible parking, or with vehicular or pedestrian circulation. Surfacing of nonpaved areas may be required for dust abatement. If the temporary use is on a vacant lot, vehicles must be parked on an improved parking surface. E. Provisions must be made for collection, recycling, and disposal of solid, hazardous, and toxic wastes. F. The site must be returned to its original condition within five (5) days after the temporary use has ended. G. If the applicant does not own the property where the event will be held, a letter from the property owner giving their permission to hold the event will be required. H. Where deemed appropriate by the city, screening of outdoor sales areas, setbacks from adjoining land uses and streets, performance bonds or other surety measures to ensure site restoration or limited hours of operations may be required. (Ord. 637, 2007) 5.44.070: APPLICATION FOR LICENSE: The application for a temporary vendor's license shall be on a form supplied by the city clerk and shall contain all information relevant and necessary to determine whether a particular license may be issued, including, but not limited to: Commented [c1]: New exemption A. The applicant's full name, current address, telephone number and proof of identity, together with two (2) full face photographs of the applican ., not less than two inGhes (2"` o thanthroo in.ehes (X) e;i B. A brief description of the nature, character and quality of goods, wares or merchandise to be offered for sale; C. The specific location, if any, in which the vendor intends to conduct business; D. If the applicant is employed by another, the name and address of the person, firm, association, organization, company or corporation; E. If a motor vehicle is to be used, a description of the vehicle together with the motor vehicle registration number and license number; F. A complete listing of any other licenses or permits issued to the applicant by the city of Chubbuck, city of Pocatello, or Bannock County; G. Health inspection certificate issued by the Southeastern district health department, if required; H. Idaho state sales tax number unless the clerk determines sales tax filings are not required of applicant; I. A site plan of the proposed use, drawn in a legible manner and to a reasonably accurate scale including adjacent streets, relevant buildings or structures with applicable setbacks shown for comparison with the setbacks required for that site under title 18, chapter 18.08 of this code and any other pertinent provisions of this code, parking and other details, which may be necessary to evaluate the proposed request. The size of the proposed use and/or location of various equipment, materials, vehicles, or structures as applicable shall be indicated. (Ord. 637, 2007) 5.44.080: HEALTH INSPECTION CERTIFICATE: Any application for a temporary vendor's license to engage in the sale of food or beverages shall also be referred to the Southeastern district health department for approval and issuance of a certificate of health inspection (or health permit) in addition to the temporary vendor's license. The applicant's equipment shall be subject to inspections by the health department at the time of application and at periodic intervals thereafter. (Ord. 637, 2007) 5.44.090: PROCESSING OF APPLICATION: A. Applications must be submitted not less than thirty (30) days prior to the operation and/or the special event; B. Upon receipt of the application, the city clerk shall forward the same to the police, fire, building and planning departments for their review, comment and such inspection as each deems appropriate; C. Submission of an application is deemed to be authorization to the police department to conduct background checks upon the applicant and applicant's employees or business as well as permission for the fire department and building department to conduct such inspection and a review of the premises of the proposed locations as may be deemed advisable to assure compliance with this code and other codes adopted by the city or any other governing body; D. Each department shall forward their recommendation on the license to the city clerk or the clerk's designee who shall review the application and the recommendations from the department heads to determine whether or not the license should be issued. If approved, the city clerk or the clerk's designee shall issue the license. If the application is rejected and the license denied by the city clerk or the clerk's designee, the applicant may, within twenty five (25) days of the denial, request a hearing before the city council to offer evidence why the application should be considered. A majority vote of the governing body is sufficient to issue or deny said applicant a license after said hearing. (Ord. 691, 2010) 5.44.100: ISSUANCE OF LICENSE: Commented [c2]: Deleted since moving towards online permitting system A. The applicant shall be notified in writing on the city's decision to issue or deny the temporary vendor's license not later than thirty (30) days after the applicant has filed a completed application with the city; B. Each license shall show the name and address of the licensee, the kind of goods to be sold, fee, the date of issuance, the license number, an identifying description of any vehicle or conveyance used by the licensee plus, where applicable, the motor vehicle registration number and a photograph of the licensee not less than two inches (2") square nor more than three inches (3") square. Each license shall also show the expiration date of the license; C. All new licenses issued under this chapter in the year 2011 and thereafter shall be valid for one year from the date of issuance. All licenses issued prior to January 1, 2011, and renewals thereon shall expire on December 31 of the year of issuance, unless earlier revoked. All licenses issued under this chapter shall be both nonassignable and nontransferable. (Ord. 691, 2010) 5.44.110: FEES: The fee for a license issued pursuant to this chapter shall be one hundred fifty dollars ($150.00) or such fee as adopted from time to time by resolution of the city council. In addition to the basic license fee, applicant shall reimburse the city for any costs incurred by the city in processing the application. These costs shall include fees charged the city by any agency for criminal history or background checks that result from applicant's application. (Ord. 637, 2007) 5.44.120: DISPLAY: Any license issued by the city pursuant to this chapter shall be displayed by the vendor at the vendor's place of business. (Ord. 637, 2007) 5.44.130: NOTIFICATION OF NAME OR ADDRESS CHANGE: All vendors shall assure that a current and correct name, residence address and mailing address are on file with the city. Whenever either the name or address provided by a licensed vendor on the application for a temporary vendor's license changes, the licensee shall notify the city in writing within ten (10) days of such change and provide the city with the name change or address change. (Ord. 637, 2007) 5.44.140: SUSPENSION AND REVOCATION OF LICENSE: A. In addition to the penalties contained in section 5.44.170 of this chapter, any license issued under this chapter may be suspended or revoked for any of the following reasons: 1. Fraud, misrepresentation or knowingly false statement contained in the application for the license; 2. Fraud, misrepresentation or knowingly false statement in the course of carrying on the business of vending; 3. Conducting the business of vending in any manner contrary to the conditions of the license; 4. Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or morals, or interfere with the rights of abutting property owners; or 5. Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations. B. The city clerk or the chief of police or their respective designees shall provide written notice of the suspension or revocation on a brief statement setting forth the complaint, the grounds for suspension or revocation, and notifying the licensee of the right to appeal. Such notice shall be mailed to the address shown on the license holder's application by certified mail, return receipt requested. C. If the city revokes a temporary vendor's license, the fee already paid for the license shall be forfeited. A person whose license has been revoked under this chapter may not apply for a new license for a period of one year from the date that the revocation took effect. (Ord. 637, 2007) 5.44.150: APPEALS: A. If the clerk or the chief of police suspends or revokes a license, or orders the cessation of any part of the business operation conducted under the license, the aggrieved party may appeal the decision to the city council. B. The filing of an appeal stays the action of suspending or revoking a license or any part of the business operation being conducted under such license until the city council makes a final decision, unless the vending business constitutes an imminent and serious threat to the public health or safety, in which case the clerk or chief of police shall take or cause to be taken such action as is necessary to immediately enforce the suspension, revocation or order. (Ord. 637, 2007) 5.44.160: RENEWALS: A temporary vendor's license may be renewed by the city clerk provided an application for renewal and license fees are received by the city no later than the expiration date of the current license. Any application received after that date shall be processed as a new application. (Ord. 637, 2007) 5.44.170: PENALTIES: Any person or entity violating any provision of this chapter or found to be vending without a required license issued in accordance with this chapter shall be guilty of a misdemeanor. Each day of violation shall be deemed a separate offense. (Ord. 637, 2007) New Chapter 5.48 PUBLIC SPACE VENDOR PERMITTING The below is an entirely new section of code to accommodate the Council's desires for public space vendors in accordance with prior directions. 5.48.010: DEFINITIONS: Administrator: The City Clerk, or their designee Public Space: Property owned or controlled by the City of Chubbuck including but not limited to City parks, streets, rights-of-way, and real estate. Review Committee: City staff consisting of the following, or their designees: City Clerk, Police Chief, Fire Chief, Parks Superintendent, Streets Superintendent, and the City Attorney. 5.48.020: PURPOSE: It is the purpose of this section to create a review and permitting process through which qualified vendors may operate food and/or beverage in public spaces in the City. 5.48.030: APPLICABILITY: The regulations set forth in this Chapter shall apply within the entirety of the City's jurisdictional bounds and shall apply to all vendors in publicly owned space unless specifically covered by other sections of city code. 5.48.040: AREAS PERMITTED: Permittees under this Chapter may only operate in approved areas specific to their permit. Applicants may propose any public space within the City of Chubbuck, irrespective of zoning district. Applicants may propose sites for their operation and in their review, the Review Committee shall consider whether the operation would negatively impact the surrounding property owners, transportation systems, and the public health and welfare. 5.48.050: GENERAL REGULATIONS A. It is unlawful for any vendor to engage in business or employ another in such business in public space without first receiving a permit in accordance with this Chapter. B. Individuals requesting a public space vendor permit must obtain a business license prior to commencing operations. C. Only permittees selling food and/or non-alcoholic beverages may be permitted. D. Hours of operations may not be before 9 AM nor after %-hour after sunset, unless located in a commercially zoned area. E. �ehicles, trailers, carts and any other support components of the operation must be removed from the approved site daily. F. Vendors must supply their own power, water, and gray water collections systems applicable to their operation. If a generator is proposed, the applicant shall submit the make, model, loudness in decibels, and expected frequency of use as part of the application materials. Gasoline generators are prohibited. G. Permittees must always keep the site clean. H. The permittee is responsible for providing trash collection containers to their customers and for removing trash associated with the business at the end of daily operations. I. Permittees must demonstrate compliance with food safety and handling regulations of Southeastern Idaho Public Health prior to commencing operations. J. If a cooking or heating appliance is used, a handheld fire extinguisher approved by the City Fire Department is required. K. Permittees shall be responsible for any cleaning and/or repair of any public space, soiled, damaged, or stained by the placement and operation of the permittee. L. Unsecured menu boards or sidewalk signs are prohibited. M. Permittees, including their customers, shall not block nor impede traffic. For purposes of this requirement, "traffic" shall mean vehicle, bicycle, and pedestrian. N. Vendor vehicles in the right-of-way must be parked at all times in a legal manner. Vending operations shall be conducted only to pedestrians and no service shall be made from the street side of the vehicles. O. To differentiate between vending trailers or vehicles that are merely legally parked on the street from those that are actively engaged in vending operations, any street vending cart, trailer or vehicle must place an 'open for business" sign on the cart, trailer or vehicle in a conspicuous manner when the vending operations are open for business. This sign must be taken down when vending operations have ceased. Commented [c3]: Council may desire to discuss if there is anything that would be acceptable to remain, such as snow cone shack. P. (Vendor must maintain, and specifically agree that it will maintain, throughout the term of theCommented [t4]: Council may wish to discuss permit, Commercial General Liability Insurance, Workers' Compensation Insurance, and this section's requirements. J Employers' Liability Insurance in the form of a certificate of insurance issued on behalf of the City of Chubbuck, naming the City as an additional insured on the lability policies. Vendor will agree to hold the city harmless for any and all losses, claims, actions, judgements for damages, or injury to persons or property and losses and expenses caused or incurred by the vendor, its servants, agents, employees, guests, and business invitees, or by the failure of equipment provided by the vendor. The vendor will agree that the limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless the City; and if the City becomes liable for an amount in excess of insurance limits, the vendor will covenant and agree to indemnify and save and hold harmless the City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. The following are required to be held during the term of the permit: 1. Commercial General Liability Insurance in the following amounts: i. General Aggregate: $1,000,000 ii. Product/Completed Operations Aggregate: $1,000,000 iii. Personal & Advertising Injury Liability: $500,000 iv. Per Occurrence: $500,000 v. Fire Liability: $50,000 2. Workers' Compensation Insurance shall be provided regardless of the number of employees or lack thereof in the statutory limits as required by the State of Idaho. 3. Employers' Liability Insurance in the following amounts: i. Bodily Injury by Accident: $100,000 each accident ii. Bodily Injury by Disease: $500,000 policy limit iii. Bodily Injury by Disease: $100,000 each employee 5.48.060 APPROVAL A. Applications for mobile vendor permits shall be made through the City Clerk's Office and a fee shall be charged to cover the City's costs to review the application package and to administer the permit during the calendar year. B. Application materials shall include at minimum a proposed site plan/layout, operations plan detailing how the requirements of this chapter will be met, a list of equipment and vehicles used, and any other materials deemed necessary by the Administrator. C. Following receipt of the complete submittal and fee, the Review Committee shall review and application and decide whether to 1) either issue a permit, 2) issue a permit with conditions, 3) or deny the permit in writing. If denied, the Committee shall state the cause for the denial in writing. An applicant who believes that their application was wrongfully denied or believes that conditions of a permit are unsatisfactory, the applicant may within 15 calendar days of the date of the decision request a reconsideration in writing and within 15 calendar days of receipt, the Review Committee shall issue a written decision. If the applicant is not satisfied with the reconsideration decision, the applicant may file an appeal to the City Council. D. If approved, prior to receiving a permit, the vendor shall demonstrate compliance with applicable Southeastern Idaho Public Health requirements, evidence of insurance coverage as required by 5.48.050.P, a valid city business license, and any other documentation required by the Administrator to ensure that requirements of this Chapter are fulfilled. E. Permit approvals are valid for the calendar year from January 1 through December 31. 5.48.070 REVOCATION OF PERMIT FOR CAUSE A. If, at anytime, the City determines that the Vendor is violating the terms of their permit, the City may revoke the permit until such time that the Vendor is able to demonstrate their ability to perform to the Administrator.