[HISTORY: Adopted by the City Council of the City of Auburn 2-8-1996
by Ord. No. 7-1996. Amendments noted where applicable.]
It is found and declared that:
A.
The preliminary purpose of the public streets, sidewalks
and other public ways is for use by vehicular and pedestrian traffic.
B.
Vending on such public ways promotes the public interest
by contributing to an active and attractive pedestrian environment.
C.
Reasonable regulation of vending on public ways is necessary
to protect the public health, safety and welfare.
D.
The regulations contained in this chapter are not intended
to prohibit or hamper speech which is protected by the First Amendment but
merely to regulate specific activities which are commercial in nature.
As used in this chapter, the following terms shall have the meanings
indicated:
All areas legally open to public use, such as public streets, sidewalks,
roadways, highways, parkways, alleys, and parks, as well as the interior and
areas surrounding public buildings.
A cart or barrow, manually propelled, used to vend food intended
for individual portion service.
Any occasion, including but not limited to fairs, shows, exhibitions,
City-wide celebrations, festivals, etc., within a specifically defined area
of the City of Auburn for a period of time not to exceed 10 days.
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 and is used for the display, storage or
transportation of articles offered for sale by a vendor.
Any individual, including an employee or agent of a group of individuals,
partnership or corporation, who sells or offers to sell food, beverages, goods
or merchandise on any public way from a pushcart, stand, motor vehicle, or
from his or her person.
A.
Required. It shall be unlawful for any vendor to sell,
display or offer for sale any food, beverage, goods or merchandise on a public
way within the City of Auburn without first obtaining a license from the City
Clerk.
B.
Issuance of license.
(1)
The City of Auburn will designate a limited number of
specific locations for which licenses will be granted on an annual basis from
January 1 to December 31. The Clerk of the City of Auburn will begin accepting
applications for licenses on the first day of business following January 1
and continue to accept applications for 10 business days thereafter. The Clerk
of the City of Auburn will begin accepting applications for 1996 on the first
business day following February 12, 1996, and for 10 business days thereafter.
If the number of applications exceeds one by the 10th day of business following
January 1, then the City Clerk shall conduct a lottery to assign locations
to the applicants. If fewer than two applications have been received by the
10th day of business following January 1, locations will be assigned to applicants
on a first-come, first-served basis.
(2)
Insurance or bond. No license shall be issued to an applicant
unless the applicant furnishes proof to the City of a public liability bond
or insurance policy in an amount not less than $100,000 for property damage
and injuries, including injury resulting in death, caused by operation of
the vending business.
C.
Fees. Each vendor granted a license under this chapter
shall pay an annual license fee of $300. Vendors granted temporary vending
licenses for special events shall pay a fee of $100 per day of vending permitted.
[Amended 4-17-2003 by Ord. No. 7-2003]
D.
Licenses.
(1)
The license issued to a vendor shall be carried with
the vendor at all times when he or she is engaged in the business of vending
and clearly displayed for public display. If the vendor sells food or beverages,
the health permit must also be displayed.
(2)
Licenses, permits, and identification badges shall be
used only by the person to whom they were issued and may not be transferred
to any other person.
The following vendors are exempt from the license requirements of § 289-3A but shall otherwise be required to comply with the provisions of this chapter:
A.
All religious, nonprofit and charitable organizations,
including school groups.
B.
The sale of fresh produce by the grower of such produce
or at the farmer's market that is within the Loop Road area.
C.
Vendors, merchants, exhibitors and salesmen who exhibit,
demonstrate or solicit orders for goods in conjunction with, and as part of,
the organized program of conventions, professional meetings, seminars, etc.
D.
Any individual selling newspapers or magazines, or distributing
free samples from his or her person.
The application for a vendor's license shall contain all information
relevant and necessary to determine whether a particular license may be issued,
including but not limited to:
A.
Full name, home address, permanent business address (if
any), telephone number, driver's license number and proof of identity.
B.
A brief description of the nature, character and quality
of the food, beverages, goods or merchandise to be sold.
C.
The specific location, if any, in which the vendor requests
to conduct business.
D.
If the vendor is employed by or is an agent of another,
the name and business address of the principal/hiring person, firm, association,
organization, company or corporation.
E.
If a motor vehicle is to be used in the vending business,
a description of the vehicle together with the motor vehicle registration
number and the license number.
F.
A complete listing of any other licenses or permits issued
to the applicant by the City of Auburn within the past five years.
The application of any vendor engaged in the sale of food or beverages
shall also be referred to the Cayuga County Health Department for approval
of a health permit in addition to the regular vending license. Such vendor's
equipment shall be subject to inspections by the Health Department at the
time of application and at periodic intervals thereafter.
Vendors wishing to conduct business at any special event shall apply to the City for a temporary vending license. Application for such a license must be made at least 14 days prior to the beginning of the event. The license is valid only for the duration of the special event. Fees for such licenses shall be as specified in § 289-3C. Vendors granted a temporary license are subject to the same operating regulations as other vendors, except where otherwise specified.
A.
Stands. Vendor stands shall not:
(1)
Exceed six feet in length, four feet in width or 10 feet
in height.
(2)
Impede access to the entrance or driveway of any adjacent
building.
(3)
Be used to vend food or beverages unless such stand is
a pushcart as defined in this chapter.
(4)
Store or place items relating to the operation of a vending
stand on the sidewalk, excepting trash receptacles, unless such items are
secured on, in or under the stand or pushcart.
B.
Additional regulation for pushcarts. All pushcarts with
cooking equipment must be equipped with holding pans to keep grease from dripping
onto the sidewalk or ground.
C.
Hours of operation. Vendors shall be allowed to engage in the business of vending only between 9:00 a.m. and 5:30 p.m. All vending stands must be removed from public property during nonvending hours. When temporary vending permits are sought for special events, etc. (see § 289-7), the applicant may request from the City an exception to the usual hours of operation. All stands used for vending must be removed from public property during nonoperating hours.
D.
Handicapped areas. No vendor shall conduct business within
20 feet of any handicapped parking space or access ramp.
E.
Removal of trash. All trash or debris accumulating within
50 feet of any vending stand shall be collected by the vendor and deposited
in trash containers. All vendors selling food or beverages must provide trash
receptacles adjacent to or as a part of their stands.
F.
Prohibited areas. A vending license issued pursuant to
this chapter is valid only on the public ways of the City of Auburn. The City
shall prohibit vendors from selling on specified public ways if it determines
that such prohibitions are necessary for the protection of public health and
safety. Vendor stands and motor vehicles are prohibited within 50 feet of
a fire hydrant, fire escape, bus stop, loading zone or driveway of a fire
station, police station, or hospital.
G.
Noise. No vendor may sound any device which produces
a loud and raucous noise or use or operate any loudspeaker, public address
system, radio, sound amplifier or similar device to attract public attention.
A.
Any license issued under this chapter may be suspended
or revoked for any of the following reasons:
(1)
Fraud or misrepresentation in the application for the
license.
(2)
Fraud or misrepresentation in the course of conducting
the business of vending.
(3)
Conducting the business of vending contrary to the conditions
of the license.
(4)
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.
(5)
Conviction of any crime involving moral turpitude while
holding a vending license from the City of Auburn.
(6)
Cancellation of Health Department authorization for a
food or beverage vending unit due to uncorrected health or sanitation violations.
B.
Upon suspension or revocation, the City shall deliver
written notice to the license holder stating the action taken and the reasons
supporting such action. The written notice shall be delivered to the license
holder's place of business or mailed to the license holder's last
known address.
Any person who violates any provision of this chapter shall be punished
by a fine not to exceed $500 or by imprisonment not to exceed 15 days, or
by both such fine and imprisonment.
