Sec. 250.505. - Rules and regulations.

The Tax Collector and Downtown Development Authority are authorized and directed to promulgate rules and regulations for the administration of vending activities in their respective areas of supervision. It is the intent of the Council that these rules and regulations be similar to, but not necessarily the same as, the provisions set forth in Chapter 667 concerning park vendors. The DDA/Downtown Vision shall make periodic site visits to downtown sidewalk vending sites to ascertain whether these rules and regulations are being complied with. (a) Vendor rules and regulations: (1) Each downtown sidewalk vendor shall obtain a general liability insurance policy in the amount of $200,000 with the City as an additional insured, and shall present acceptable proof of such insurance to the appropriate permitting agency prior to issuance of the vending permit. (2) The term vendor applies not only to the business or individual named on the permit, but also to anyone working with or for the vendor at vendor's site. (3) Vending permits must be current and visibly displayed at all times during operation of vending unit. (4) All downtown sidewalk vendors must use and be limited to vending carts which shall be mobile and on wheels and shall be limited to a self-contained unit no greater than four feet wide by six and one-half feet long. Self-contained shall mean that the cart is not connected or attached to an adjoining building, structure, planter or other landscaping, and does not receive power or water from adjoining buildings structure, planter or other sources or by means of wires, hoses, or other connections. (5) Each vending cart may be accompanied by no more than two ice chests, coolers, or other accessory containers, in addition to one trash receptacle, and one chair or stool for use by the vendor only. Coolers must be of hard-finish plastic, no Styrofoam, and not larger than 94 quarts. These accessory containers must be placed on or immediately adjacent to the vending cart, and may not be allowed to impede the free flow or pedestrian or vehicular traffic or to pose a safety hazard. (6) Any cooking, heating or warming unit must be an integral part of the vending unit. (7) A vendor may simultaneously hold a maximum of two downtown sidewalk vending permits within the vending district. A separate permit must be obtained for each unit. (8) Vendor may operate a maximum of one vending unit per site. (9) Vendor may vend only from the site and vending unit for which the vending permit was issued. (10) Vendor must keep clean at all times the area within 15 feet of the vending unit. (11) Vendor shall not operate nor cause to be operated any loudspeaker system, radio, bull horn or other device to attract attention to the vending site. (12) Vendor shall not manipulate price(s) of goods and/or services for the sole purpose of discouraging other vendors from vending. (13) Vendor's permits can be preempted by City-sponsored or co-sponsored events in vendor's area. (14) Vending unit must be removed in its entirety at the close of its vending day. (b) Vending unit and site criteria: (1) Vending unit must be in the site for which the vending permit was issued. (2) The permitted vending site shall be no larger than 12 feet long by five feet wide and no larger than 60 square feet in size. (3) Site location of vending units must provide a minimum of six feet clearance to pedestrians. (4) Vending unit must be at least ten feet from any driveway. (5) Vending unit must be a minimum of 50 feet from other vending units except where separated by a public street. (6) Vending unit must be a minimum of 15 feet from an intersection or crosswalk. (7) Vending unit must be a minimum of 15 feet from any building entrance or exit. (8) Vending unit may not obstruct any view of traffic or signage. (9) Vending unit must be a minimum of 100 feet from the center of any customer entrance of any establishment if vending like goods, except where separated by a public street. (10) Vending unit must be a minimum of ten feet from any bus stop. (11) Vending unit must be a minimum of 100 feet from any principal arterial intersection. The intersection of Bay Street and Main Street is a principal arterial intersection. In addition, vending unit must be a minimum of 50 feet from the following: any at-grade intersection with Main Street, the intersection of Bay Street and Ocean Street, the intersection of Bay Street and Broad Street. (Ord. 93-1761-1390, § 1; Ord. 2004-421-E, § 3; Ord. 2011-732-E)