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HomeMy WebLinkAboutItem #12 Public Space Vendor PermitCITY OF CHUBBUCK, IDAHO ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING CHAPTER 5.44 TEMPORARY VENDORS TO EXEMPT PERMITTED PUBLIC SPACE VENDORS FROM TEMPORARY VENDOR REGULATIONS AS FOUND IN THE CHAPTER AND TO REMOVE THE DIMENSIONAL REQUIREMENT FOR APPLICANT'S PHOTOGRAPHS; ADOPTING A NEW CHAPTER, CHAPTER 5.48 PUBLIC SPACE VENDOR PERMITTING WHICH ESTABLISHES CERTAIN DEFINITIONS, PURPOSE, APPLICABILITY, JURISDICTIONAL BOUNDS, REGULATIONS, APPROVAL PROCESS, AND PENALTIES FOR NON-COMPLIANCE FOR THOSE USES OPERATING ON CITY OF CHUBBUCK- OWNED SPACES SUCH AS PARKS, STREETS, RIGHTS-OF-WAY, AND PROPERTIES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS CHAPTER 5.44 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Adoption of amended Chapter 5.44. The following amended Chapter 5.44, amending sections 5.44.030, 5.44.040, and 5.44.070 is hereby adopted: 5.44.030: USES REQUIRING LICENSE: The following uses or events shall require a temporary vendor's license under this chapter—unless operating as a permitted Public Space Vendor as defined in Chapter 5.48. 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. 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. 5.44.070: 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, not less than two inEhhes(22) square, nor- more 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. Section 2. Adoption of new Chapter 5.48 PUBLIC SPACE VENDOR PERMITTING. The following new Chapter 5.48 is hereby adopted: Chapter 5.48 PUBLIC SPACE VENDOR PERMITTING 5.48.010: DEFINITIONS: Administrator: The City Clerk, or their designee Public Space: Property owned or controlled by the City of Chubbuck (sometimes referred to as "City" in this Chapter) 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 sell or otherwise distribute 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 Cit jurisdictional bounds and shall apply to all vendors in publicly owned space unless specifically covered b,, other sections of cites 5.48.040: AREAS PERMITTED: Permittees under this Chapter may only perate 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 also obtain a business license prior to commencing operations. C. Onlypermittees 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 1/2 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 oplicable 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 dumpingof f oil, grease, or other foods are permitted at city facilities. 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 liability_ policies. Vendor will agree to hold the City of Chubbuck harmless for any and all losses, claims, actions, judgments 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 followingare to be held during the term of the permit: 1. Commercial General Liabilitv 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 a public space vendor permit 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. B. Application materials shall include at minimum a proposed site plan/la. 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. Followingreceipt eceipt 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 consideringthe he specifics of an application, properties in the vicinity, 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 pplicant 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 one calendar year from the date of issuance. 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. ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the city and any provision of the Municipal Code which are in conflict with the provisions of the Ordinance are repealed to the extent of such conflict. All other sections of Chapter 5.44 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval, and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this day of March, 2022. Kevin B. England, Mayor ATTEST: Joey Bowers, Clerk