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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: February 23, 2022
Re: Public Space Vendor Permitting Policy V.2
Following direction and feedback from the Mayor and Council at the February 2022 study session,
outreach to individuals involved with food trucks and farmers markets, and based on an ensuing review of
the document, I present the attached document for Council consideration and discussion. If you are aware
of members of the community who may be interested in the program, I encourage you to reach out to
those individuals prior to the meeting to obtain their feedback on the proposed code modifications and to
bring that input to the study session.
As I understand it, a food truck group is interested in using the city -owned public spaces
surrounding City Hall beginning the first week of April and so there is some urgency in passing a policy,
should Council so choose to do so. If this version, with or without modifications, is acceptable to the Council,
I'll coordinate with our City Attorney to present an ordinance for your consideration and approval at the
Council meeting on March 16tH
Attached:
1. Updated proposed ordinance
2. Compare Report contrasting changes made between the updated proposed ordinance and the
version presented at the February Study Session.
H:\Memos\3.2.22 Council Study Session_Public Space Vendor 2.0.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)
F. Any mobile food/beverage vendor with an active Public Space Vendor Permit in accordance
with Chapter 5.48.
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:
A. The applicant's full name, current address, telephone number and proof of identity,
together with two (2) full face photographs of the applicant.
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:
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, non-alcoholic beverages, or art and crafts, and other similar items commonly
found at farmers markets in public spaces in the City while ensuring that public property and
characteristics of neighborhoods are protected.
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, non-alcoholic beverages, or art and crafts, and other similar items
commonly found at farmers markets may be permitted.
D. Hours of operations may not be before 8 AM nor after %2 hour after sunset, unless located in a
commercially zoned area.
E. Vehicles, trailers, carts and any other support components of the operation must be removed
from the approved site daily unless located at a site deemed by the Review Committee
appropriate for a longer-term operation.
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 within fifty feet (50') of residential zones or primary residential
structures.
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. Unless cooking in a fully enclosed vehicle or structure with a floor, grease mats shall be used. No
dumping of oil, grease, or other foods are permitted.
L. Tents, canopies, and similar types of temporary structures shall not be staked into the ground
but shall instead be required to use weights. Such structures shall not be left overnight without
express permission of the Review Committee.
M. 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.
N. Unsecured menu boards or sidewalk signs are prohibited.
O. Permittees, including their customers, shall not block nor impede traffic. For purposes of this
requirement, "traffic" shall mean vehicle, bicycle, and pedestrian.
P. 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.
Q. 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.
R. Vendor must maintain, and specifically agree that it will maintain, throughout the term of the
permit, Commercial General Liability Insurance, Workers' Compensation Insurance, and
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:
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
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.
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. The Committee may require more strict conditions than are found
in this Chapter or may allow deviations from requirements in this Chapter after considering the
specifics of an application, properties in the vicinity, and the purpose of this Chapter.
D. 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.
E. 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.R, a valid city business license, and any other documentation required by
the Administrator to ensure that requirements of this Chapter are fulfilled.
F. Permit approvals are valid for the calendar year from January 1 through December 31.
5.48.070 REVOCATION OF PERMIT FOR CAUSE; PENALTIES FOR OPERATING WITHOUT A
PERMIT OR FOR OPERATING OUTSIDE THE TERMS OF A PERMIT
A. If, at any time, the Administrator determines that the Vendor is violating the terms of their
permit, the Administrator may revoke the permit until such time that the Vendor is able to
demonstrate their ability to perform.
B. Failure to abide by the terms of this Chapter and/or a permit may be punishable as an infraction
with a penalty of $250 for each day for each violation.
C. Nothing herein contained shall prevent the City from taking civil action as necessary to abate or
prevent any violation of this Chapter.
2/22/2022 2:42:45 PM
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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)
Page: 2
cbk365 Date: 1/24/20221:29:00 PM
n• •��;� cVan o Permit in accordance New exemption
ny mobile looaib ver' ye vcnuui vvun o..
�h4fk Chapter 5.48. QAnnotation Attributes Changed
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:
A. The applicant's full name, current address, telephone number and proof of identity,
together with two (2) full face photographs of the applicant.
Page: 3
B. A brief description of the nature, character and quality of goods, wares or merchandise to
61,365 Date: 1/24/2022128:00 PM
be offered for sale;Deleted
since moving towards online permitting system
C. The specific location, if any, in which the vendor inte__ to conduct business;
Annotation Attributes Changed
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:
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;
This page contains no comments
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 cu nt
license. Any application received after that date shall be processed as a new application rd.
637, 2007)
5.44.170: PENALTIES:
Any person or entity violating any provision of this chapter or found to be vendin ithout a
required license issued in accordance with this chapter shall be guilty of a mis meanor. Each
day of violation shall be deemed a separate offense. (Ord. 637, 2007)
New Chapter 5.48 PUBLIC SPACE VENDOR PE <MITTING
The below is an entirely new section of crde to accommodate the
Council's desires for public space vendor in accordance with prior
directions.
5.48.010: DEFINITIONS:
Administrator: The City Clerk, o/te. ee
Public Space: Property owned oy the City of Chubbuck including but not limited to City
parks, streets, rights-of-way, an.Review Committee: City staff ce following, or their designees: City Clerk, Police Chief, Fire
Chief, Parks Superintendent, Sttendent, and the City Attorney.
5.48.020: PURPOSE/
It is the purpose of thi ection to create a review and permitting process through which qualified
vendors may operate food, non-alcoholic beverages, or art and crafts, and other similar items commonly
found at farmers markets in public spaces in the City while ensuring that public property and
characteristics of neighborhoods are protected.
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.
Page: 5
*]Text Replaced
[Old]: "food and/or beverage in public spaces in the City."
[New]: "food, non-alcoholic beverages, or art and crafts, and other similar items commonly found at farmers markets in public spaces in the City
while ensuring that public property and characteristics of neighborhoods are protected."
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 h
the operation would negatively impact the surrounding property owners, transportatio ems, and
the public health and welfare.
5.48.050: GENERAL REGULATIONS
A. It is unlawful for any vendor to engage in busin r employ another in s usiness i lic
space without first receiving a permit in ordance with this Chap
B. Individuals requesting a publics vendor permit must ob ' a busi license prior to
commencing operations.
C. Only permittees selling food, non-alcoholic bev es, and crafts, and other ' ar it
commonly found at farmers markets ma pe ' ed.
D. Hours of operations may not be before nor after''/: hour after s e ess located in a
commercially zoned area.
E. Vehicles, trailers, carts an y other support componen a operation must be rem
from the approved site daily unless located at a si eemed by the Review Comm'
appropriate for a longer-term operation.
F. Vendors must supply their own r, w ter, and gray water collect systems applicable to
their operation. If a gene r is proposed, the applicant shall mit the make, model, loudness
in decibels, and a ted frequency of use as part of th plication materials. Gasoline
generators are prohibited within fifty feet (50') o sidential zones or primary residential
structures.
G. Permittees must always keep the sit ean.
H. The permittee is responsible f roviding trash collection containers to their customers and for
removing trash associa with the business at the end of daily operations.
I. Permittees must onstrate compliance with food safety and handling regulations of
Southeast daho Public Health prior to commencing operations.
J. If a ing or heating appliance is used, a handheld fire extinguisher approved by the City Fire
epartment is required.
K. Unless cooking in a fully enclosed vehicle or structure with a floor, grease mats shall be used. No
dumping of oil, grease, or other foods are permitted.
L. Tents, canopies, and similar types of temporary structures shall not be staked into the ground
but shall instead be required to use weights. Such structures shall not be left overnight without
express permission of the Review Committee.
M. 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.
N. Unsecured menu boards or sidewalk signs are prohibited.
O. Permittees, including their customers, shall not block nor impede traffic. For purposes of this
requirement, "traffic" shall mean vehicle, bicycle, and pedestrian.
P. 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.
Q. 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
Page: 6
Text Replaced
(Old]: "food and/or non-alcoholic beverages"
INew]: "food, non-alcoholic beverages, or art and crafts, and other similar items commonly found at farmers markets'
Text Replaced
[Old]: '9"
INew]: "8"
r Text Replaced
[New]: "daily unless located at a site deemed by the Review Committee appropriate for a longer-term operation."
[New]: "prohibited within fifty feet (50) of residential zones or primary residential structures.
it Inserted
" K. Unless cooking in a fully enclosed vehicle or structure with a floor, grease mats shall be used. No dumping of oil, grease, or other foods are
permitted. L. Tents, canopies, and similar types of temporary structures shall not be staked into the ground but shall instead be required to use
weights. Such structures shall not be left overnight without express permission of the Review Committee."
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.
Vendor must maintain, and specifically agree that it will maintain, thro a term of the
permit, Commercial General Liability Insurance, Worker ' i ensation Insurance, and
Employers' Liability Insurance in the for Ificate of insurance issued on behalf of the
City of Chubbuck, namin as an additional insured on the lability policies. Vendor will
agree to hol 1. ty harmless for any and all losses, claims, actions, judgements for damages,
fury 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, action , or
judgments for damages or liability to persons or property. The following are required to b eld
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 regardle of the number of
employees or lack thereof in the statutory limits as require by the State of Idaho.
3. Employers' Liability Insurance in the following amounts:
i. Bodily Injury by Accident: $100,000 each acci nt
ii. Bodily Injury by Disease: $500,000 policy of/
t
iii. Bodily Injury by Disease: $100,000 each ployee
5.48.060 APPROVAL
A. Applications for mobile vendor permits shall
shall be charged to cover the City's costs tot
the permit during the calendar year.
B. Application materials shall include at mi ' um a proposed site plan/layout, operations plan
hapter will be met, a list of equipment and vehicles
necessary by the Administrator.
mittal and fee, the Review Committee shall review and
de through the City Clerk's Office and a fee
the application package and to administer
detailing how the requirements of thi
used, and any other materials dee d
C. Following receipt of the complet ub
application and decide whethe to 1) either issue a permit, 2) issue a permit with conditions, 3)
or deny the permit in writing. The Committee may require more strict conditions than are found
in this Chapter or may allow deviations from requirements in this Chapter after considering the
specifics of an application, properties in the vicinity, and the purpose of this Chapter.
D. 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.
Page: 7
s Annotation Deleted
Text Inserted
"The Committee may require more strict conditions than are found in this Chapter or may allow deviations from requirements in this Chapter
after considering the specifics of an application, properties in the vicinity, and the purpose of this Chapter. D."
Page: 8
E. If approved, prior to receiving a permit, the vendor shall demonstrate compliance with
Text Replaced
applicable Southeastern Idaho Pu lic uo !r" .--- .nce coverage as
[Old]: "5A8.050.P,"
required by 5.48.050.R, a valid city business license, and any other documentation required by
[New]: "5.48.050.11,"
the Administrator to ensure that requirements of this Chapter are fulfilled.
*]Text Replaced
F. Permit approvals are valid for the calendar year from January lthrough Dece he _.
[Old]: "CAUSE A. If, at any time, the City"
[New]: "CAUSE; PENALTIES FOR OPERATING WITHOUT A PERMIT OR FOR OPERATING OUTSIDE THE TERMS OF A PERMIT A. If, at anytime, the
Administrator'
5.48.070 REVOCATION OF PERMIT FOR CAUSE; PENALTIES FOR OPERATING WITHOUT A
QText Replaced
PERMIT OR FOR OPERATING OUTSIDE THE TERMS OF A PER IT
[Old]: "City"
A. If, at any time, the Adm'ni<+ , - :.ce Ines that the Vendor is violating the terms of their
[New]: "Administrator"
permit, the Administrator may revoke the permit until <i c ren,_ «�.,«.�... _�- ;�- - it aole �
--- "' "�
QText Replaced
[Old]: "perform to the Administrator."
demonstrate their ability to perform.
[New]: "perform. B. Failure to abide by the terms of this Chapter and/or a permit may be punishable as an infraction with a penalty of $250 for
B. Failure to abide by the terms of this Chapter and/or a permit may be punishable as an infraction
each day for each violation. C. Nothing herein contained shall prevent the City from taking civil action as necessary to abate or prevent any
with a penalty of $250 for each day for each violation.
violation of this Chapter."
C. Nothing herein contained shall prevent the City from taking civil action as necessary to abate or
prevent any violation of this Chapter.