[HISTORY: Adopted by the City Council of
the City of Lebanon 8-22-1990 by Ord. No. 62. Amendments noted where
applicable.]
The purpose of this chapter is to provide for
the regulation of sales by vendors within the general area of Colburn
Park and the Mall in the City of Lebanon. This is necessary to ensure
the free flow of motor vehicle and pedestrian traffic and to promote
the public health, safety and welfare in that area.
As used in this chapter, the following terms
shall have the meanings indicated:
Any legitimate business located within, whether by lease,
rental or ownership, a property in the central business district abutting
North or West Park Streets or the Mall area.
Include all areas legally open to public use as public streets,
sidewalks, roadways, highways, parkways, alleys and any other public
way.
Any newsstand, table, bench, booth, rack, handcart, pushcart
or any other fixture or device which is not required to be licensed
and registered by the Department of Motor Vehicles, used for the display,
storage or transportation of articles offered for sale by a vendor.
Any person, including an employee or agent of another, who
sells or offers to sell food, beverages, goods or merchandise on any
public street or sidewalk from a stand, motor vehicle or from his
or her person.
[Amended 8-4-2010 by Ord. No. 2010-02; 8-19-2015 by Ord. No. 2015-01]
Vending activity is limited to the areas described below. It
shall be unlawful for any vendor or abutting business to sell, display
or offer for sale any food, beverage, goods or merchandise without
first obtaining a permit from the City Manager. Vending activity on
private property is regulated by the Zoning Ordinance.[1]
A.
South Park Street: up to five parking spaces on the north side of
the street between the crosswalk entrance and the easterly corner
of Colburn Park.
B.
Colburn Park, which is described as the entire area bordered by North
Park Street on the north, West Park Street on the west, South Park
Street on the South and East Park Street on the east, excluding the
sidewalks along those streets: A maximum of four "stand" vendors will
be permitted to utilize Colburn Park at any given time. Permits will
be issued for daily/weekly vending only.
C.
Lebanon Mall, extending from the westerly sideline of West Park Street
west and south to Hanover Street, meaning and intending to include
the entire area of the Mall.
D.
Vending activity shall be unlawful on all streets, sidewalks and
other public property in Lebanon, other than those listed above. However,
this prohibition shall not apply to mobile vendors whose vehicle,
stand or cart does not remain in any single site longer than 30 minutes,
including but not limited to mobile ice cream trucks.
E.
Vending which occurs as an inherent part of an event properly licensed
or permitted by the Licensing Board or the City Manager, including
but not limited to a farmers' market, street fair, or alumni day,
shall be exempt from the provisions of this chapter.
[1]
Editor's Note: The Zoning Ordinance is on file in the office
of the City Clerk.
[Amended 2-20-1991; 10-2-1991; 8-4-2010 by Ord. No. 2010-02; 8-19-2015 by Ord. No. 2015-01]
A.
Daily permits: The fee for a daily vendor permit is $10. Applicants
wishing to obtain daily permits shall apply to the City Manager prior
to the desired event at a time designated by the City Manager. All
applications shall include the following conditions:
[Amended 4-5-2023 by Ord. No. 2023-02]
(1)
Applicants must meet the requirements of the City Manager for size
of vehicle/operation, noise, state permit(s), hours of operation and
other conditions as may be set by the City Manager.
(2)
When more applications are received for spaces than are available,
the City Manager shall determine the allocation by lottery.
(3)
Permits and assigned locations are nontransferable, and the fee is
nonrefundable.
(4)
The
daily fee for use of electricity from a City-owned power supply is
$3.
B.
Weekly permits: The fee for a weekly vendor permit is $50. Weekly
permits shall be issued for the week beginning Monday and ending Sunday,
and may run consecutively. All applications shall include the following
conditions:
[Amended 4-5-2023 by Ord. No. 2023-02]
(1)
Applicants must apply to the City Manager for a space at least two
weeks prior to the date that is needed and must meet the requirements
of the City Manager for size of vehicle/operation, noise, state permit,
hours of operation and other conditions as may be set by the City
Manager.
(2)
When more applications are received for spaces than are available,
the City Manager shall determine the allocation by lottery.
(3)
Permits and assigned locations are nontransferable, and the fee is
nonrefundable.
(4)
The
weekly fee for use of electricity from a City-owned power supply is
$15.
C.
Seasonal permits: The fee for a seasonal vendor permit is $100. Seasonal
permits shall be issued for four three-month periods of the calendar
year as follows: January/February/March; April/May/June; July/August/September;
and October/November/December. All applications shall include the
following conditions:
[Amended 4-5-2023 by Ord. No. 2023-02]
(1)
Applicants must apply to the City Manager for a space before the
end of the preceding quarter (December 15 for first quarter; March
15 for second quarter; June 15 for third quarter; and September 15
for fourth quarter) and meet the requirements of the City Manager
for size of vehicle/operation, noise, state permit, hours of operation
and other conditions as may be set by the City Manager.
(2)
When more applications are received for spaces than are available,
the City Manager shall determine the allocation by lottery.
(3)
Permits and assigned locations are nontransferable, and the fee is
nonrefundable.
(4)
Seasonal vendors must utilize their assigned space at least 15 days
of each month.
(5)
A vendor may, upon written permission from the City Manager, utilize
the assigned space on less than 15 days in any month due to vacation,
illness or other extenuating circumstance. However, during the entire
period of time the space is vacated by the vendor due to the approved
absence, the City reserves the right to rent the space on a daily
permit basis.
(6)
Noncompliance will result in the assigned vendor losing the space
and disqualifying the vendor from applying for any space for the period
of one year.
(7)
The
seasonal fee for use of electricity from a City-owned power supply
is $40.
D.
Abutting business permit: The annual fee for an abutting business
permit shall be $125. Abutting businesses shall be entitled to a permit
for the use of an area in the vicinity of their established place
of business. All applications shall include the following conditions:
(1)
Applicants must apply to the City Manager for a space at least two
weeks prior to the date that is needed and must meet the requirements
of the City Manager for size of vehicle/operation, noise, state permit,
hours of operation and other conditions as may be set by the City
Manager.
(2)
Permits shall be for the period of time designated by the applicant
in the application for a permit. Permits must be renewed annually
and are subject to all other applicable state and City regulations.
(3)
Permitted areas shall not exceed 625 square feet in area, unless
specifically approved by the City Manager, and may be prescribed,
mapped and modified from time to time by the City Manager, depending
on the needs of the City.
(5)
Permits and assigned locations are nontransferable, and the fee is
nonrefundable.
E.
As an alternative to the annual abutting business permit under Subsection D above, abutting businesses may also apply for daily or weekly vendor permits under Subsection A or B above. Such permits shall be subject to the same conditions as any other daily or weekly permit, except that the numerical permit limitations of this section shall not apply to abutting businesses.
[Amended 4-5-2023 by Ord. No. 2023-02]
The application for a vendor's permit shall
contain all information relevant and necessary to determine whether
a particular permit may be issued, including but not limited to:
A.
Proof of identity and business address of the applicant.
B.
A brief description of the nature, character and quality
of the food, beverages, goods or merchandise to be sold.
C.
If employed by another, the name and business address
of the person, firm, association, organization, company or corporation.
D.
If a motor vehicle is to be used in the vending business,
a description of the vehicle, together with the motor vehicle registration
number.
E.
A description of the proposed location of the vending
business and the length of time during which it is proposed that the
business shall be conducted.
F.
No permit shall be issued to an applicant unless the
applicant assumes liability for damages, property loss, injury or
death or other related liability resulting from the activities of
the vending operation.
[Amended 9-20-2000 by Ord. No. 70]
[Amended 10-18-1995; 8-4-2010 by Ord. No. 2010-02; 8-19-2015 by Ord. No. 2015-01]
A.
As noted in § 179-4 above, the City Manager may limit the number and location of vending operations. Absent any other limiting factor, the City Manager shall not permit more than five vending locations on South Park Street adjacent to Colburn Park. Two of these locations shall be seasonal, one shall be weekly, and two shall be daily.
B.
Nonprofit permits. The City Manager may designate additional locations
within the restricted areas for the peddling of wares, provided that
the proceeds from all sales at the location are used exclusively for
the benefit of civic, school, charitable, philanthropic, religious,
or other not-for-profit organizations. These spaces shall be available
on a daily basis for a consecutive period of time and shall be assigned
without charge, at the discretion of the City Manager, and according
to the above procedure for permits.
[Amended 10-19-2005 by Ord. No. 2005-9; 8-4-2010 by Ord. No. 2010-02; 8-19-2015 by Ord. No. 2015-01]
The City Manager may set a limit on the number and location
of permits given under the categories below:
A.
Stands/carts/vehicles stands shall not:
(1)
Exceed nine feet in width and 18 feet in length. Height should not
exceed 10 feet.
(2)
Impede access to the entrance of any adjacent building or driveway.
(3)
Occupy more than half of the available sidewalk width.
(4)
Locate within 25 feet of a fire hydrant, fire escape, bus stop, loading
zone or driveway of a fire station, police station or hospital.
B.
Hours of operation. Vendors shall be allowed to engage in the business of vending only between 7:00 a.m. and 9:00 p.m., except for abutting businesses operating under § 179-4D, which shall be allowed to operate in their permitted area during their normal business hours or as otherwise provided pursuant to § 179-4D. All vending stands must be removed from public property during nonvending hours, except for good reason and by special waiver of the City Manager.
C.
Handicapped areas. No vendor shall block access to any handicapped
parking space or access ramp.
D.
Removal of trash. All trash or debris originating from the operation
of the vending stand shall be collected by the vendor and removed
from public property daily.
E.
The area occupied by a vendor shall be limited to that area so designated
by the City Manager.
F.
No vendor shall utilize an open fire in connection with the sale
or display of the vendor's wares without a permit from the Lebanon
Fire Department.
G.
No vendor shall shout, make an outcry, blow a horn, ring a bell,
or use any other sound device for the purpose of attracting attention
to any goods which the vendor proposes to sell. Vending operations
must be reasonably quiet, i.e., no vending stand or vehicle shall
emit excessive mechanical or compressor noise to the detriment of
the environment around Colburn Park or Mall.
H.
No vending activity shall unreasonably impede the flow of vehicular
or pedestrian traffic. The City Manager may impose restrictions in
addition to those listed in this section, when warranted, in order
to assure at all times the public's use of streets and sidewalks for
purposes of travel.
I.
It is the intent of this chapter that goods or merchandise to be
offered for sale shall consist solely of items which can easily be
carried away from the sales location by pedestrians, and which entail
no special needs or problems pertaining to loading, handling, installation
or delivery, such as might interfere with vehicular traffic or with
other users of the park and mall. Heavy or bulky items such as tires,
large appliances, large furniture items, motorized equipment or the
like are generally not permitted. All goods or merchandise displayed
shall be for immediate sale and delivery. Displays or advertising
whose primary purpose is to promote future or off-site transactions
are not permitted. The City Manager may deny a permit to any vendor
whose stand/vehicle/cart does not meet the intent of this subsection.
A.
Any permit issued under this chapter may be suspended
or revoked for any of the following reasons:
(1)
Fraud or misrepresentation in the application for
the permit.
(2)
Conducting the business of vending contrary to the
conditions of the permit.
(3)
Conducting the business of vending in such a manner
as to create a public nuisance or constitute a danger to the public
health, safety or welfare.
(4)
Failure to pay fee.
B.
Upon suspension or revocation, the city shall deliver
written notice to the permit holder stating the action taken and the
reasons supporting such action. The written notice shall be delivered
to the permit holder's place of business or mailed to the permit holder's
last known address.
Persons who are denied permits or whose permits
have been suspended or revoked may appeal by filing a written notice
of appeal with the Licensing Board. The appeal must be filed within
three working days after receipt of the notice of denial, suspension
or revocation, with the City Clerk. The Licensing Board shall hear
such appeal at its next or regular meeting and shall render its decision
in writing within 15 days thereafter.
Any person who violates any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, by suspension of the permit for a period to be determined by the Licensing Board, or both.
