017-09 - Ordinance - Updating Chapter 5.96 Temporary VensorsIntroduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
July 14, 2009
Public Hearing:
September 8, 2009
Adopted:
September 8, 2009
ORDINANCE NO. 017-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING
PORT ORCHARD MUNICIPAL CODE CHAPTER 5.96 TEMPORARY VENDORS
SECTIONS 5.96.olo DEFINITIONS; 5.96.040 VENDOR LICENSE
REQUIREMENTS, DURATION, FEES, AND RENEWAL; AND 5.96.05o LICENSE
REVOCATION.
WHEREAS, Port Orchard Municipal Code (POMC) Section5.96.olo provides clarity of
certain words or phrases pertaining to Temporary Vendors; and
WHEREAS, Port Orchard Municipal Code Section 5.96.040(2) provides the requirements
that both the vendor and City staff must abide by in determining whether or not the vendor is
required to hold a temporary vendors permit; and
WHEREAS, Port Orchard Municipal Code Section 5.96.050 provides the procedures for
revocation of the license should the vendor not meet the minimum requirements; and
WHEREAS, in applying Sections 5.96.010, 5.96.04o, and 5.96.050, City staff has attempted
to put into effect the purposes and policies of the City Council, but has determined that the language
of these sections has resulted in confusion; and
WHEREAS, the above sections require clarification; and
WHEREAS, the City Council finds that the following changes will allow the public and staff
a clearer understanding of the Council intent and purpose and will allow greater ease in the
administration of the City's temporary vendor license requirements; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION t. Port Orchard Municipal Code Section 5.96.olo is hereby amended to read
as follows:
5.96.olo Definitions.
(1) "Master event" means an event involving 10 or more vendors engaged in
public property vending in a common location under a common theme. Events that are scheduled for
more than one day in a common location under common theme are considered one event.
(2) "Master event license" means a public property vending license issued to a
master event license sponsor for a master event.
Ordinance No. 017-09
Pa.Qe 2 of a
(3) "Master event license sponsor" means the person, business, or organization
requesting a master event license.
(4) "Nonprofit organization" means an organization which has been granted
nonprofit status by the Secretary of the State for the Internal Revenue Service.
(5) "Public property" means any any sidewalk that immediately abuts a street,
alley, or roadway where the general public has unrestricted access.
(6) "Public property vending" means 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.
(7) "Vending device" means a stand, booth, cart, basket, tray, table or other device
from which the selling of merchandise, edible or not edible, occurs.
(8) "Vending site" means the physical location where the vendor's vending device
will be located while engaged in public property vending.
(9) "Vendor" means any person, business or organization engaged in public
property vending.
SECTION 2. Port Orchard Municipal Code Section 5.96.040 is hereby amended to read
as follows:
5.96.040 Vendor license — Requirements, duration, fees and renewal.
(1) 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) A public property vendor license application and appropriate fee as
established by this section;
(b) A copy of a current city business license or a copy of the business license
application;
(c) 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;
(d) 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;
(e) A certificate of insurance as provided for in POMC 5.96.o6o.
(2) 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:
(a) Vending devices must be removed from vending sites daily between the
hours of io:oo p.m. and 6:oo a.m.;
(b) 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;
(c) Vendors may engage in public property vending only in the location
specified in the public property license. The location shall be deemed the vending
site;
Ordinance No. 017-09
Page S of a
(d) 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;
(e) No mechanical audio or noisemaking devices are allowed and no hawking
is allowed;
(f) A vinyl or canvas umbrella may be added to the 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;
(g) 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;
(h) No conduct shall be permitted which violates any other section of the Port
Orchard Municipal Code;
(i) 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;
(j) 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 feet clearance for pedestrian access at all times;
(k) A vendor shall not engage in public property vending nor shall a vending
site be granted for a location within 10 feet of intersecting sidewalks.
(3) (a) The fee for a public property vendor license shall be either $15.00 per day
for each vending device or $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 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 shall be
treated as a new application.
(b) The fee for a master event license shall be $15.00 per event day.
SECTION R. Port Orchard Municipal Code Section 5.96.050 is hereby amended to read
as follows:
5.96.o5o License - Revocation.
(1) A public propertyvendor 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 by the City Clerk
without notice, renewal denied, or application for license denied for any of the following reasons:
(a) The use or occupation of the vending site location becomes dangerous or
unsafe;
(b) The local county health department withdraws approval or cancels the
necessary permits;
(c) The vendor, vendor representative or master event sponsor violates any
provision of the Port Orchard Municipal Code;
(d) The public property vendor/master event license applicant knowingly
misrepresents facts in the license application;
Ordinance No. 017-09
Page 4 of 4
(e) The vendor's/master event insurance in the amounts required by POMC
5.96.o6o is not current or in full force;
(f) The master event sponsor fails to submit vendor participant list as
required by POMC 5.96.020(3).
(2) In the event that the City Clerk determines that a license should be
revoked in accordance with this section, the notice and appeal procedures set forth in POMC
5.12.120(2) through (6) shall apply.
SECTION 4. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passapP th;.c Rth day of gpntemher 9nno
ATT T:
Patricia J. Kirk trick, 6MC, City Clerk
APPROVED AS TO FORM: Sponsored
Gregory A. JacoNAity ttrney ncilmem er, John Clauson
NOTICE 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 September 8, 2009.
ORDINANCE NO. 017-09
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 5.96
TEMPORARY VENDORS SECTIONS 5.96.oio DEFINITIONS; 5.96.040
VENDOR LICENSE REQUIREMENTS, DURATION, FEES, AND RENEWAL;
AND 5.96.05o LICENSE REVOCATION.
Copies of Ordinance No. 017-09 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. 017-09 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
September 18, 2009