Chapter 667 - PARK VENDING

Sec. 666.111. - Penalty bills less than $10. Chapter 668 - SKY BOXES Chapter 667 - PARK VENDING[1]

Footnotes: --- (1) ---

Editor's note— Section 17 of Ord. 90-216-79 changed the title of Chapter 667 from "Street Vending" to "Park Vending."

Cross reference— Businesses, trades and occupation, tit. VI.

Sec. 667.101. - Legislative policy.

Itinerant street artisans and vendors have been and are a vital chapter of our cultural heritage. It is through these methods that early America learned of good, useful craftsmanship and obtained its food products before there were indoor merchants and permanently established artisans and craftsmen. The vendor and the individual artisan bring vitality to the arts and infuse a freshness and an individualistic flavor into the local scene as they carry new ideas, methods and techniques from one community to another. It is the responsibility of the City to give these artisans and vendors an opportunity to work, and to give the people of the City an opportunity to buy and learn from them. It is the policy of the City that park vendors will be allowed and permitted to demonstrate their abilities and products and to sell their merchandise as provided in this Chapter.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 18)

Note— Former § 268.101.

Sec. 667.102. - Definitions.

As used in this Chapter:

(a)

Applicant means a person who has requested that the Division approve and issue a registration under this Chapter.

(b)

Division means the Recreation and Community Program Division.

(c)

Exhibit means to display a tangible product either for show or for sale or for both show and sale and also includes demonstrations of the processes, methods or techniques involved in making or creating the product so displayed.

(d)

Registrant means a person who has been approved by the Division for registration under this Chapter.

(e)

Park vendor means and includes a distributor (as defined in Section 250.101(f)) and a person who exhibits a tangible product created by hand (as defined in the rules of the Division) or a food product for immediate consumption for sale, or to distribute (as defined in Section 250.101(e)) such food product for immediate consumption at one of the locations designated or authorized by this Chapter under a registration secured under this Chapter.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 84-293-173, § 15; Ord. 90-216-79, § 19; Ord. 2004-536-E, § 5; Ord. 2004-1149-E, § 5; Ord. 2005-1283-E, § 7)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 268.102.

Sec. 667.103. - Administration of Chapter; rules.

Responsibility for the administration of this Chapter is vested in the Recreation and Community Program Division. The Chief of Recreation and Community Program Division may make, amend and repeal rules, regulations and administrative orders to implement and enforce this Chapter.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 84-293-173, § 15; Ord. 2005-1283-E, § 7)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 268.103.

Sec. 667.104. - Park vendor registration required.

No person shall be authorized, allowed or permitted to exhibit as a park vendor unless and until he has applied for and been issued a registration under this Chapter and the rules of the Division made pursuant to this Chapter. A person seeking registration as a park vendor, including Riverwalk vendors, shall register with the Division at the main offices of the Recreation and Parks Department and shall thereafter be under its jurisdiction. Subsequent renewals of registrations may be made by mail. Each park vendor shall obtain a general liability insurance policy in the amount of $200,000 with the City as an additional named insured, and shall present acceptable proof of such insurance to the Division before any vending activity begins. If food is to be sold or distributed, proof of a health permit must be shown to the Director.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 16; Ord. 2004-536-E, § 5; Ord. 2005-1283-E, § 7; Ord. 2011-732-E)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 268.104.

Sec. 667.105. - Application for registration.

A person desiring to be registered as a park vendor shall file with the Division an application for registration as a park vendor on a form prescribed and furnished by the Division. The application shall contain at least the following information and statements:

(a)

If the applicant is:

(1)

An individual, his name, mailing address and residence address in the City.

(2)

A group or organization, the name of the group or organization and the names, mailing addresses and City residence addresses of the individual members of the group or organization who will be involved in the exhibit.

(b)

The type or types of products which the applicant will exhibit, according to a classification developed by the Division and contained in its rules.

(c)

The location or locations at which the applicant will exhibit, which shall be one or more of the locations designated or authorized by this Chapter.

(d)

The period of time for which the registration is being sought, which shall be for one of the periods provided in Section 667.106.

(e)

Whether the applicant will offer any of the products for sale or will solicit contributions from the public.

(f)

A statement that, if registration is approved, the applicant will observe and comply with the requirements of this Chapter and the rules, regulations and administrative orders made by the Division pursuant to this Chapter.

(g)

A statement that the application is made under the penalties of F.S. § 837.06 and that the giving of false or misleading information in the application is recognized as grounds for the suspension or revocation of the registration, if it is approved.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 20)

Note— Former § 268.105.

Sec. 667.106. - Periods of registration.

A registration may be applied for in one of five periods, as follows:

(a)

A one-day registration.

(b)

A three-day registration, which shall be effective for a period of three consecutive days from the date it is approved.

(c)

A one-month registration, which shall be effective for a period of 31 consecutive days from the date it is approved.

(d)

A six-month registration, which shall be effective for a period of 180 consecutive days from the date it is approved.

(e)

A one-year registration, which shall be effective for a period of 365 consecutive days from the date it is approved.

A time period may not be altered by the Division or the applicant but it may be terminated in advance of its expiration date by the revocation of the registration. Suspension of a registration shall not toll any period.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 14)

Note— Former § 268.106.

Sec. 667.107. - Investigation of application; approval or denial.

Upon receipt of an application properly filed, the Division shall conduct such investigation of the application and of the applicant as it deems necessary and appropriate to determine whether the applicant should be registered under this Chapter. The investigation may include appearance by the applicant before a duly authorized employee of the Division, submission of representative samples or demonstrations of the applicant's talent, skill or handiwork, visitation by representatives of the Division to the applicant's studio or workplace and, if the applicant is an artist or artisan, examination of the applicant's records to ascertain that items are, in fact, handmade, as defined in the rules adopted by the Division. At the conclusion of the investigation, the Division shall either approve or deny the application. Decisions by the Division shall be final.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1)

Note— Former § 268.107.

Sec. 667.108. - Certificate of registration; conditions of use.

(a)

If the application for registration is approved, the Division shall issue to the registrant, and to each member of the group, organization, act or company if the registrant is not an individual, a certificate of registration upon payment of the fees prescribed by Section 667.109. The certificate shall be serially numbered in a unique series and state the name of the individual to whom it is issued and, if applicable, the name of the group, organization, act or company of which he is a member, the places where he is authorized to exhibit and the type or types of products which he is authorized to exhibit and sell. If required by the Division in its rules, the certificate shall also bear a photograph of the individual to whom it is issued or the individual may be required to supply a photograph of himself for the permanent files maintained by the Division.

(b)

The certificate shall be used subject to the following conditions:

(1)

It shall not be transferable to any other individual than the individual to whom it is issued.

(2)

It shall be issued to one individual only. The use of group certificates is prohibited but this shall not be construed to prohibit placing the name of the group, organization, act or company on the certificate as required by subsection (a) of this Section.

(3)

It shall be carried on or near the person of the individual to whom it is issued at all times when the individual is exhibiting, and shall be displayed to a law enforcement officer or authorized representative of the Division upon demand.

(4)

It shall be subject to suspension or revocation at any time for violation of this Chapter or of any rule of the Division made pursuant to this Chapter.

(5)

If it is lost, destroyed or stolen, a replacement certificate, having the same number as the original, shall be issued by the Division upon request of the individual to whom it was issued and payment of the fee prescribed by Section 667.109. The Division in its rules may limit the number of replacement certificates that it will issue under one certificate number.

(6)

The issuance of the certificate does not constitute an endorsement by the Division or by the City of the product exhibited or sold by the individual to whom it is issued and no such endorsement shall be asserted or implied by the registrant.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 87-535-256, § 1; Ord. 87-1065-541, § 1)

Note— Former § 268.108.

Sec. 667.109. - Fees and charges.

The fees listed below can be found electronically on the following City of Jacksonville webpage: www.coj.net/fees.

(a)

The Division is authorized to impose and the Tax Collector is authorized to collect the following fees and charges under this Chapter:

(1)

For the one-day certificate of registration

(2)

For the three-day certificate of registration

(3)

For the one-month certificate of registration

(4)

Replacement of lost, damaged or destroyed certificate of registration

(5)

Issuance of certificate of registration to additional individual member of the group, organization, act or company

(6)

For a six-month certificate of registration

(7)

For a one-year certificate of registration

Any person receiving a registration for a period of six-months or longer shall be required to actually occupy and utilize the registration site for at least 60 percent of the workable days of the registration or the site may be considered abandoned and reassigned to another vendor.

(b)

The funds collected by the Division under this Chapter shall be retained by the Division to defray the costs and expenses of administering this Chapter, including a reasonable allocation of personnel salaries and benefits, and for this purpose the funds so collected are appropriated to the Division. At the end of each fiscal year, if there is a surplus of funds, the surplus shall be taken into the General Fund—General Services District as miscellaneous receipts.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 88-498-464, § 10; Ord. 89-872-405, § 9; Ord. 90-216-79, § 15; Ord. 2017-665-E, § 31)

Note— Former § 268.109.

Sec. 667.110. - Designated and authorized locations.

(a)

The following locations are designated for use by park vendors, subject to the rules of the Division governing hours of use, placement within the designated location, number of individual or collective park vendors and other reasonable time, place and manner-of-use regulations:

(1)

Hemming Park.

(2)

St. Johns Park, in the vicinity of Friendship Fountain.

(3)

The sidewalk on Coastline Drive, as designated by the Division, from the Seaboard System Railroad Building to the easternmost sideline of the Courthouse Parking Lot (West lot).

(4)

Riverside Park.

(5)

Memorial Park.

(6)

Willow Branch Park, West of Park Street.

(7)

Springfield Park.

(8)

Metropolitan Park (in those areas controlled by the City).

(9)

The Riverwalk on the South bank of the St. Johns River.

(b)

In addition to the designated locations listed in subsection (a) of this Section, the Division may designate other locations, either publicly or privately owned, and for a limited, indefinite or permanent period of time as authorized locations for street artists or park vendors, or both, to perform or exhibit. In the case of a proposed location on public property which is not under the control of the Division, the concurrence of the agency head in charge of the property shall be obtained before the location is designated as an authorized location; and, in the case of a proposed location on private property, it shall not be designated unless and until the Division has first secured in writing the concurrence of the owner or tenant of the location and his agreement to observe and comply with the reasonable time, place and manner-of-use regulations applicable to the location. The Division may, at any time and without notice to the park vendors who may be present, terminate the designation of a location as an authorized location under this subsection, notwithstanding that the period of time for which the location was designated as an authorized location has not ended.

(c)

The use by park vendors of designated and authorized locations which are in parks or other recreational areas under the jurisdiction of the Division shall always be subject to the control of the Division. If the Division grants specific permission for another person to use the location, this permission shall take precedence over the general rules and regulations made pursuant to this Chapter governing use of the location by park vendors and, at the request of the Chief of Recreation and Community Program Division, park vendors shall vacate the location during the continuation of the specifically granted permission. Failure or refusal to comply with a vacation request shall be grounds for suspension or revocation of the registration.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 84-293-173, § 17; Ord. 84-512-258, § 1; Ord. 87-69-2, § 4; Ord. 88-498-464, § 1; Ord. 90-216-79, § 21; Ord. 2005-1283-E, § 7; Ord. 2014-652-E, § 3)

Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.

Note— Former § 268.110.

Sec. 667.111. - Suspension and revocation of registration.

(a)

The Division may suspend or revoke the registration of a registrant under this Chapter upon any of the following grounds:

(1)

The giving of false or misleading information on the application or in connection with the investigation of the application.

(2)

The violation of a provision of this Chapter or of a rule made pursuant to this Chapter and applicable to the registrant or, if the registrant is a group, organization, act or company, to an individual member thereof.

(3)

Conviction of the registrant or, if the registrant is a group, organization, act or company, of an individual member thereof, of a crime or ordinance violation involving disturbing the peace, obstructing public passages, public intoxication, assault or battery, unlawful assemblies, fraudulent practices or theft and arising out of the exhibition or sale for which the registration was approved.

(4)

Failure or refusal by the registrant or, if the registrant is a group, organization, act or company, by an individual member thereof, to allow the Division or a duly authorized representative thereof to visit and examine the registrant's studio or workplace and records, in cases of reexamination of the registrant as provided in Section 667.112.

(b)

The Division shall and it is directed to promulgate in its rules a general procedure to be followed when the suspension or revocation of a registration is proposed. This procedure shall be fair and reasonable and shall afford the registrant an opportunity to be heard and to present his arguments and defenses before a decision is rendered by the Division.

(c)

A suspension may be ordered for any period within the length of time for which the registration was approved, at the end of which period the suspension shall be automatically terminated and the registration reinstated under the original terms and conditions; provided, that the suspension may be made terminable in advance of the ordered time by the fulfilling of conditions imposed at the same time as the suspension is ordered. A revocation shall have the effect of terminating the registration as soon as it is ordered; provided, that the order of revocation may provide that the revocation will be rescinded (and the registration reinstated) upon the fulfilling of conditions imposed at the same time as the revocation was ordered. The order of revocation may, for good cause found by the Division, provide that the revocation shall be permanent and prohibit the registrant from making an application for registration at any time in the future. Revocation of a registration shall not, except as provided in the preceding sentence, preclude the registrant from filing an application for another registration.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1)

Note— Former § 268.111.

Sec. 667.112. - Renewal; reexamination.

A registration may be renewed in person or by mail for successive like periods of time, without the necessity for a new application, if the registrant files a written request for renewal before the expiration of the current period of the registration. The Division may conduct such reexamination of the registrant as it deems necessary and appropriate to ascertain whether the registrant is still entitled to registration as a park vendor. During the process of reexamination, the registration shall not terminate even if the period of the registration terminates. The Division may approve or deny the renewal of the registration; provided, that a proposed denial shall be treated as if it were a proposed revocation under Section 667.111. If the registration is approved, the registrant shall, before the registration becomes effective, pay the fees prescribed by Section 667.109 for new registrations.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 22)

Note— Former § 268.112.

Sec. 667.113. - Certain ordinances not to apply.

(a)

The provisions of Section 614.103, Ordinance Code, shall not apply to persons assembled to hear or view a park vendor who is exhibiting under a valid and effective registration and at a designated or authorized location.

(b)

The provisions of Part 4 and 5, Chapter 250 shall not be applicable to a park vendor or open air market vendor who is exhibiting under a valid and effective registration and at a designated or authorized location. It shall not be necessary for a person seeking registration under this Chapter to obtain a license from the Sheriff, either before or after registration, as a condition to the use of the registration or for any other purpose under Chapter 250.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 23; Ord. 2004-421-E, § 5)

Note— Former § 268.113.

Sec. 667.114. - Occupational license taxes required to be paid.

License fees collected under this Chapter are fees paid for the purpose of defraying the cost of administration of this Chapter and are declared to be regulatory fees in addition to and not in lieu of the occupational license taxes imposed by Chapters 770 and 772. The payment of a license fee under this Chapter shall not relieve a park vendor or other person of liability for and the responsibility of paying an occupational license tax where it is required by Chapters 770 and 772 and for doing such acts and providing such information as may be required by those Chapters.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1; Ord. 90-216-79, § 24)

Note— Former § 268.114.

Sec. 667.115. - Chapter inapplicable to certain special events.

In the case of a special event sponsored by the City and at other times as directed by the Mayor for special occasions, the provisions and requirements of this Chapter shall not be applicable to the persons who are participating in the special event or occasion, even if they would otherwise be required to register under this Chapter, for as long as and with respect to the place where the special event or occasion is held.

(Ord. 83-61-178, § 1; Ord. 83-591-400, § 1)

Note— Former § 268.115.

Sec. 667.116. - Permit required.

It shall be unlawful and a class C offense against the City to operate or exhibit as a park vendor without a registration issued under this Chapter as provided in Section 667.104.

(Ord. 2004-536-E, § 6)

Sec. 666.111. - Penalty bills less than $10. Chapter 668 - SKY BOXES