1567 - Ordinance - Licensing of Temporary VendorsNOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port
Orchard City Council at their regular Council meeting held
December 28, 1992.
ORDINANCE NO. 1567
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE LICENSING OF
TEMPORARY VENDORS LOCATED ON PUBLIC PROPERTY
WITHIN THE CITY FOR THE PURPOSE OF REGULATION
AND REVENUE AND PROVIDING PENALTIES FOR THE
VIOLATION OF ANY OF THE PROVISIONS THEREOF,
AND REPEALING ORDINANCE NO. 1460.
Copies of Ordinance No. 1567 are available for review at the
office of the City Clerk of the City of Port Orchard. Upon
written request a statement of the full text of the Ordinance
will be mailed to any interested person without charge. Thirty
days after publication, copies of.Ordinance No. 1567 will be
provided at a nominal charge.
City of Port Orchard
Michelle Hager (J
Deputy Clerk
Publish: Port Orchard Independent
January 6, 1993
ORDINANCE NO. 1567 /
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASH INGTON AUTHORIZING THE LICENSING OF TEMPORARY
VENDORS LOCATED ON PUBLIC PROPERTY WITHIN THE
CITY FOR THE PURPOSE OF REGULATION AND REVENUE
AND PROVIDING PENALTIES FOR THE VIOLATION OF ANY
OF THE PROVISIONS THEREOF, AND ALSO REPEALING
ORDINANCE NO 1460
WHEREAS, there is a need to modify present regulations of
temporary businesses located on public property to allow greater control of
such business in order to maintain vehicular and pedestrian safety within the
City's business district(s).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PORT ORCHARD, WASHINGTON, AS FOLLOWS:
SECTION 1: 5.96.010 DEFINITION
PUBLIC PROPERTY VENDING - shall mean the act of selling merchandise,
edible or not edible, from a vending device on public property for the
purpose of gain, benefit, or advantage, direct or indirect, to the
vendor.
VENDING DEVICE - shall mean a stand, booth, cart, basket, tray, table
or other device from which the selling of merchandise, edible or not
edible, occurs.
VENDOR - shall mean any person, business, or organization engaged
in public property vending.
VENDING SITE - shall mean the physical location where the vendor's
vending device will be located while engaged in public property
vending.
PUBLIC PROPERTY - shall mean any street, alley, building, or any
other place where the general public has unrestricted access.
MASTER EVENT LICENSE - shall mean a public property vending license
issued to a master event license sponsor for a master event.
MASTER EVENT - shall mean an event involving ten or more vendors
engaged in public property vending in a comnon location under a
comnon theme.
MASTER EVENT LICENSE SPONSOR - shall mean the person, business, or
organization requesting a master event license.
NON-PROFIT ORGANIZATION - An organization which has been granted non-
profit status by the Secretary of State for the Internal Revenue
Service.
Ordinance No. 1567
Page 2 of 7
SECTION 2: VENDOR LICENSE
A. No vendor shall engage in public property vending unless such
vendor has complied with all applicable provisions of this
section.
B. All vendors engaged in public property vending must display a
valid public property vendor license in a prominent and visible
place on the vendor's vending device.
C. 1. Sponsors of events classified as a master event shall obtain
a master event license. Individual master event vendors
shall be exempt from public property vendor license fees.
The sponsor of the master event shall provide a list of
participating vendors, their business names, their address,
and their State Tax Revenue Identification Number to the
City Clerk within three (3) working days after the first day
of operation of the master event. The sponsor of an ongoing
master event shall submit an updated vendor list as
additional vendors participate in the event. The updated
list shall be submitted within three (3) working days of
each day of operation in which the event has new
participants. No updated list is required if no new vendors
participate. Nothing in this section shall be construed to
exempt participants in a master event from any requirements
of this ordinance other than individual license fees unless
specifically stated within this ordinance.
2. Non-profit status shall be granted to a master event permit
application only upon proof that all participating vendors
have obtained non-profit status.
SECTION 3: EXEMPTIONS
This ordinance shall not apply to:
A. Businesses possessing a valid business license conducting a
sidewalk sale abutting their place of business.
B. Charitable or non-profit organizations provided that their
vending activities are limited to:
1. prepackaged food item or non -edible merchandise; and
2. vending activities are conducted not more than twice per
calendar year and for a period not exceeding a cumulative
total of 30 days.
ordinance No. 1567
Page 3 of 7
C. Persons selling products exempted by RCW 36.71.090; farmers,
gardeners or other person selling or delivering fruits, vegetables
berries, eggs or any farm produce or edibles raised, gathered,
produced or manufactured by such person.
D. Vendors of books, periodicals, newspapers or others exempted by
state or federal law.
SECTION 4: VENDOR LICENSE - REQUIREMENTS DURATION FEES AND RENEWAL
A. The granting of a public property vending license is conditioned
in part upon the submission and approval of the following to the
Office of the City Clerk:
A public property vendor license application and appropriate
fees as established by this section;
2. A copy of a current city business license or a copy of the
business license application;
3. A permit or other written document from the local county
health department granting approval of the vending device
which will be used by the vendor if food or beverage items
will be sold;
4. A copy of a Food Handler's Permit issued by the local county
health department for each person who will be dispensing
food or beverage products from the vending device;
5. A certificate of insurance as provided for in Section 6.
B. The following requirements apply to all vendors engaged in public
property vending and a public property vending license may be
revoked for violation of any of these requirements:
1. Vending devices must be removed from vending sites daily
between the hours of ten p.m. and six a.m.;
2. Vending devices and vending sites must be clean and orderly
at all times. The vendor must furnish a suitable refuse
container and is responsible for the daily disposal of
refuse deposited therein. Refuse containers must be removed
each day along with vending devices;
Ordinance No. 1567
Page 4 of 7
3. Vendors may engage in pubic property vending only in the
location specified in the public property vending license.
That location shall be deemed the vending site;
4. Utility service connections are not permitted except
electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed
overhead or lying in the pedestrian portion of the sidewalk;
5. No mechanical audio or noisemaking devices are allowed and
no hawking is allowed;
6. A vinyl or canvas umbrella may be added to a vending device,
but its open diameter may not exceed eight and one-half
feet. Any part of the umbrella must have a minimum of seven
feet of vertical clearance to the area on which the vending
device stands;
7. Individual vendor advertising signs may be placed only upon
the vending device. Temporary master event advertising signs
may be placed as approved by the City Engineer;
S. No conduct shall be permitted which violates any other
section of the Port Orchard Municipal Code;
9. Any vendor engaged in public property vending shall, upon
demand being made by a police officer, produce a valid
public property vending license for inspection;
10. No public property vendor license will be issued for a
vending site within twenty-five (25) feet of any municipal
building, monument or fountain;
11. The vending site must be compatible with the public interest
in the use of the street, sidewalk or public place as a
public right-of-way or public park. Vendors shall not block
public access through the public right-of-way. There shall
be a minimum of four (4) feet clearance for pedestrian
access at all times;
12. A vendor shall not engage in public property vending nor
shall a vending site be granted for a location within ten
(10) feet of intersecting sidewalks.
Ordinance No. 1567
Page 5 of 7
C. 1. The fee for a public property vendor license shall be either
fifteen dollars ($15.00) per day for each vending device or
two -hundred dollars ($200.00) per month for each vending
device payable at the time application for such license is
made. No public property vendor license shall exceed ninety
(90) calendar days. A vendor may apply for a renewal of a
current public property vendor license by submitting a
renewal application and applicable fees to the City Clerk
prior to the expiration of the existing public property
vendors license. A renewal application received after the
expiration of the existing license shall be treated as a new
application.
2. The fee for a master event license shall be either fifteen
dollars ($15.00) per day or two -hundred dollars ($200.00)
per month payable at the time of application for the
license. No master event license shall exceed ninety(90)
calendar days. A master event sponsor may apply for
a
renewal of a current master event license by submitting a
renewal application and applicable fees to the City Clerk
prior to the expiration of the existing master event
license. A renewal application received after the
expiration of the existing license shall be treated as a new
application.
SECTION 5: LICENSE - REVOCATION
A public property vendor license and/or a master event license is
wholly of a temporary nature and vests no permanent rights. It
may be revoked at any time without notice, renewal denied, or
application for license denied for any of the following reasons:
1. The use or occupation of the vending site location becomes
dangerous or unsafe;
2. The local county health department withdraws approval or cancels
necessary permits;
3. The vendor, vendor representative or master event sponsor violates
any provision of the Port Orchard Municipal Code;
4. The public property vendor/master event license applicant
knowingly misrepresents facts in the license application;
5. The vendor's/master event insurance in the amounts required by
Section 6 is not current or in full force.
6. The master event sponsor fails to submit vendor participants list
as required by Section 2C.
Ordinance No. 1567
Page 6 of 7
SECTION 6: INSURANCE
Prior to issuance of the license, the licensee, shall at its own
expense, obtain such liability insurance as will protect licensee,
adjacent property owners and the city from any and all claims for damage
to property or death or injury to persons which may arise or result from
operations or activities under the license, the issuance of the license,
or otherwise in connection with the license. Such insurance shall
provide coverage of not less than $500,000 per occurrence for property
damage or injury to persons and shall name as additional insured the
City of Port Orchard, its officers and employees and shall further
provide that the policy shall not terminate or be canceled prior to the
expiration of the license and any renewals thereof without at least
thirty (30) days written notice to the City Clerk. Licensee shall
provide a certificate of such insurance to the City Clerk prior to the
issuance of a license.
A master event applicant shall provide insurance for the master event as
required by this section.
SECTION 7: VIOLATION - PENALTY
Violation of any provision of this section shall constitute a class 1
infraction and shall upon conviction be punished by a fine not to exceed
two hundred and fifty dollars ($250.00).
SECTION 8: SEVERABILITY
If any provision of this Ordinance is held invalid, the remainder of the
ordinance, or the application of the provision to other persons or
circumstances shall remain in full force and effect.
SECTION 9: REPEAL
That Ordinance No. 1460 is hereby repealed.
SECTION 10: EFFECTIVE DATE
This ordinance shall be in full force and effect on February 1, 1993.
PASSED by the City Council
by the Mayor and attested by the Clerk
28th day of December 1992.
ATTEST:
Pa ricia Hower, ity Clerk
APPROVED AS TO FORM:
Ordinance No. 1567
Page 7 of 7
of the City of Port Orchard, APPROVED
in authentication of such passage this
lz—
Sponsored by:
City Attorney Councilwoman Powers