017-05 - Ordinance - Amending Chapter 5.96 Temporary Vendors
ORDINANCE NO. 017-05
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING CHAPTER 5.96 OF THE PORT ORCHARD MUNICIPAL
CODE REGARDING TEMPORARY VENDORS AND ESTABLISHING
REGULATIONS FOR SPECIAL EVENT SALES
WHEREAS, the City Council desires to amend Chapter 5.96 of the Port Orchard
Municipal Code regarding temporary vendors to establish regulations for special events sales,
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. POMC 5.96.010 is hereby amended to read as follows:
5.96.010 Definitions
(1) “Master event” means an event involving 10 or more vendors
engaged in temporary vending in a common location under a common theme.
Events that are scheduled for more then one day in a common location under a
common theme are considered one event.
(2) “Master event license” means a temporary vending license issued to
a master event license sponsor for a master event.
(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 State or the Internal Revenue
Service.
(5) “Temporary vending” means the act of selling goods, edible or not
edible, on a transitory or itinerant basis, on any public or private street, alley,
sidewalk, parking lot or other public or private property where the general public
has unrestricted access, for the purpose of gain, benefit or advantage, direct or
indirect, to the vendor.
(6) “Special event sale” means temporary vending by a business also
legally operating at a permanent or fixed location elsewhere within or outside of
the City, such as a tent sale or parking lot sale.
(7) “Vending device” means a stand, booth, cart, basket, tray, table or
other device from which the selling of goods, edible or not edible, occurs.
(8) “Vending site” means any person, business or organization engaged
in temporary vending.
(9) “Vendor” means any person, business or organization engaged in
temporary vending.
SECTION 2. POMC 5.96.020 is hereby amended to read as follows:
5.96.020 Vendor License
(1) No vendor shall engage in temporary vending unless such vendor has
complied with all applicable provisions of this chapter.
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(2) All vendors engaged in temporary vending must display a valid
temporary vending license in a prominent and visible place on the vendor’s
vending device.
(3)(a) Sponsors of events classified as a master event shall obtain a
master event license. Individual master event vendors shall be exempt from the
temporary vendor license fees. The sponsor of a master event shall provide a
list of participating vendors, their business names, their addresses and State Tax
Revenue Identification Numbers to the city clerk within three working days after
the first day of the 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
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 chapter other than individual license fees unless specifically
stated within this chapter.
(b) Nonprofit status shall be granted to a master event permit application
only upon proof that all participating vendors have obtained nonprofit status.
SECTION 3. POMC 5.96.030 is hereby amended to read as follows:
5.96.030 Exemptions
This chapter shall not apply to:
(1) Businesses possessing a valid business license conducting a sidewalk
or parking lot sale abutting their place of business;
(2) Charitable or nonprofit organizations, provided that their vending
activities are limited to:
(a) Prepackaged food items or nonedible merchandise; and
(b) Vending activities conducted not more than twice per calendar
year and for a period not exceeding a cumulative total of 30 days;
(3) Persons selling products exempted by RCW 36.71.090; farmers,
gardeners or other persons selling or delivering fruits, vegetables, berries, eggs
or farm produce or edibles raised, gathered, produced or manufactured by such
person;
(4) Vendors of books, periodicals, newspapers or others exempted by
state or federal law;
(5) Garage, yard or rummage sales;
(6) Minors engaging in a de minimus entrepreneurial venture with
permission from the property owner, including but not limited to such trade and
activities as running a lemonade stand.
SECTION 4. POMC 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 temporary vending license is conditioned in part
upon the submission and approval of the following to the office of the city clerk:
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(a) A temporary vending license application and appropriate fee
as established by this section;
(b) A copy of a current city business license or a copy of a
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 if required by POMC 5.96.060.
(2) The following requirements apply to all vendors engaged in
temporary vending and a temporary 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 10:00p.m. and 6:00a.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 temporary vending only on the
location specified in the temporary license. The location shall be deemed the
vending site;
(d) Utility service connections are not permitted, except electrical
when provided with written permission from the adjoining 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 or use shall be permitted which violates any other
city ordinance or section of the Port Orchard Municipal Code;
(i) Any vendor engaged in temporary vending shall, upon
demand being made by a police officer, produce a valid temporary vending
license for inspection;
(j) No temporary vending license will be issued for a vending site
within 25 feet of any municipal building, monument or fountain;
(k) The vending site must be compatible with the public interest
in the use of the street, sidewalk or public place as 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;
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(l) A vendor shall not engage in temporary vending nor shall a
vending site be granted for a location within 10 feet of intersecting sidewalks.
(3) (a) the fee for a temporary 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 temporary vendor
license shall exceed 90 calendar days. A vendor may apply for a renewal of a
current temporary vendor license by submitting a renewal application and
applicable fees to the city clerk prior to the expiration of the existing temporary
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.
(c) The fee for a Special Event Sale shall be $15.00 per each day
of the Special Event Sale.
SECTION 5. Chapter 5.96 of the Port Orchard Municipal Code is hereby amended by
the addition of a new section 5.96.045 to read as follows:
5.96.045 Special Event Sales--Limitations
(1) Special Event Sales by a vendor whose business is also legally
operating at a permanent or fixed location elsewhere within the City shall be
limited to a maximum of four Special Event Sales per calendar year, and each
such sale shall not exceed three days.
(2) Special Event Sales by a vendor whose business is not also legally
operating at a permanent or fixed location elsewhere within the City shall be
limited to a maximum of one Special Event Sales per calendar year, not to
exceed three days.
SECTION 6. POMC 5.96.050 is hereby amended to read as follows:
5.96.050 License—Revocation.
A temporary vendor license and/or 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:
(a) The use or occupation of the vending site location becomes
dangerous or unsafe;
(b) The local county health department withdraws approval or cancels
necessary permits;
(c) the vendor, vendor representative or master event sponsor violates
any provisions of the Port Orchard Municipal Code;
(d) The temporary vendor/master event license applicant knowingly
misrepresents facts in the license application;
(e) The vendor’s master event insurance in the amounts required by
POMC 5.96.060 is not current or in full force;
(f) The master event sponsor fails to submit vendor participants list as
required by POMC 5.96.020(3).
SECTION 7. POMC 5.96.060 is hereby amended to read as follows:
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5.96.060 Insurance.
(1) Prior to issuance of any license for temporary vending on public right-
of-way, public parks, or any other public property, 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 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 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.
(2) A master event applicant shall provide insurance for the master event
as required by this section.
SECTION 8. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this ordinance.
SECTION 9. This ordinance shall be in full force and effect five (5) days after
publication as required by law. A summary of this ordinance may be published in lieu of the
entire ordinance, in its entirety.
PASSED by the City Council of the City of Port Orchard, signed by the Mayor and
attested by the City Clerk in authentication of such passage this 25th day of July, 2005.
Kim Abel, MAYOR
ATTEST:
Carol Etgen, City Clerk
APPROVED AS TO FORM: Sponsored by:
City Attorney John Clauson, Councilmember