[Amended 4-4-2005 by Ord. No. 05-17]
Notwithstanding any contrary provisions of this Code, the City Clerk is authorized to issue no more than six annual permits for the operation of stationary pushcarts in the City of Binghamton.
[Adopted 5-18-1982 by Ord. No. 58-82 (Ch. 12, §§ 12-200 through 12-207, of the 1970 Code)]
Pushcart operators are deemed to be peddlers for the purposes of Article II of this chapter.
A.
Except as specifically set forth in this article, all regulations applicable to peddlers as set forth in Article II of this chapter shall be applicable to persons issued pushcart permits hereunder.
B.
A valid peddler's license for the current year issued by the City Clerk shall be in force prior to the issuance of any permit hereunder.
[Amended 5-1-2000 by Ord. No. 00-42; 4-4-2005 by Ord. No. 05-17]
A.
In addition to the fee set forth at § 307-5 to obtain a peddler's license, the annual fee for a permit issued under this article shall be in an amount as set from time to time by resolution of the City Council.
B.
All permitted pushcart vendors will be allowed to utilize one table, with a maximum of four chairs at this table, at each pushcart location, and shall pay a fee as set from time to time per table to the office of the City Clerk prior to said utilization.
Any person desiring to obtain a permit as herein provided shall file with the City Clerk a verified application upon a form provided by the City. Such application shall provide the following information:
A.
A copy of the verified application form for a peddler's license required by § 307-7 of this Code.
B.
A copy of a current City of Binghamton peddler's license issued under Article II of this chapter.
C.
Verified certification of compliance by the appropriate officer of the Broome County Health Department that the applicant is in compliance with all applicable food vending regulations. This subsection does not apply if the applicant verifies that food products will not be sold from the cart.
D.
Insurance.
(1)
The applicant shall agree to give a public liability policy or protective liability policy to indemnify the City of Binghamton from any and all claims or causes of action arising out of the activity permitted. Said liability policy must be in force prior to the final issuance of any permit. Said policy shall name the City as a party insured, and the policy shall be in a uniform amount to be determined by the City on an annual basis upon consultation with the City's insurance broker of record.
(2)
No permit shall be issued without the production of proof of insurance by the applicant in a form acceptable to the Corporation Counsel. Accordingly, all permit approvals are contingent upon the applicant's actual compliance with this subsection.
[Amended 4-1-1991 by Ord. No. 32-91; 5-4-1992 by Ord. No. 32-92; 4-4-2005 by Ord No. 05-17; 8-1-2024 by Ord. No. 24-59]
A.
All persons wishing to obtain a permit as a stationary pushcart vendor shall make an application pursuant to the procedures set forth in Subsection B below. The City Clerk may issue up to six permits to individuals with corresponding peddler's licenses, with each permit corresponding to one physical location. No applicant shall receive more than one permit.
B.
Permits shall be granted as follows:
(1)
First to applicants that:
(a)
Submit a full and complete application to the City Clerk, including providing all required and requested documentation to support the application, prior to 4:30 p.m. on January 14, or the last business day prior;
(b)
Held a permit in the preceding year; and
(c)
Such permit held in the preceding year was not subject to any enforcement action or revoked by the City; thereafter
(2)
Second to applicants that do not meet the requirements of § 307-33B(1) on a first-come, first-served basis as determined by the date upon which the applicant provides a full and complete application to the City Clerk, including providing all required and requested documentation to support the application.
(3)
However, upon consultation with the office of Corporation Counsel, a potential vendor may be denied a permit for valid reasons as set forth in Article II of this chapter. All six permits will be assigned to an eligible peddler's license holder according to the earliest date of receipt of application (a first-come, first-served basis).
C.
Applications shall be accepted as follows:
(1)
Under § 307-33B(1), applications shall be accepted between 9:00 a.m. on January 1, or the first business day thereafter, and 4:30 p.m. on January 14, or the last business day prior;
(2)
Under § 307-33B(2), applications shall be accepted upon a rolling basis beginning at 9:00 a.m. on January 15, or the first business day thereafter, of each year and until all six locations are assigned.
(3)
All applications for permits shall be made in person by the applicant in the office of the City Clerk. The City Clerk shall establish a procedure for the public distribution of applications under § 307-33B(1) prior to January 1 and under § 307-33B(2) prior to January 15. Nothing herein shall be construed to allow the granting of a permit prior to January 16. Each permit will be valid until midnight of January 15 of the following year.
[Amended 8-15-1988 by Ord. No. 100-88; 4-1-1991 by Ord. No. 32-91; 2-2-1998 by Ord. No. 98-12; 10-21-2002 by Ord. No. 02-121; 4-4-2005 by Ord. No. 05-17; 8-1-2024 by Ord. No. 24-59]
A.
Types of goods. Permit holders hereunder shall be entitled to vend food items and nonalcoholic beverages for human consumption and/or cut flowers.
B.
Areas of operation. Permit holders shall operate their vending carts only in the following areas:
(1)
City parks. Vending within City parks shall be permitted, provided that the free flow of pedestrian and vehicular traffic is not obstructed. Carts shall not be allowed in City parks when fund-raising activities by nonprofit organizations take place (duly licensed under this Code) which involve the selling of food and refreshment items. It shall be the duty of the Commissioner of Parks and Recreation to notify all permit holders when such events are scheduled to take place.
(2)
Downtown Binghamton areas. The following rectangular spaces shall be marked and numbered by painting the number of the space on the sidewalk by the Department of Public Works. The Department of Public Works will work with the Planning Department and make reasonable efforts not to locate these spaces within 100 feet of a business dealing in the same type of goods.
(a)
Space 1: on the south side of Court Street at the Chenango River along the River Promenade behind No. 2 Court Street.
(b)
Space 2: along the north side of Main Street between Front Street and Oak Street.
(c)
Space 3: on the northeast corner of the intersection of Washington Street and Court Street.
(d)
Space 4: on Collier Street between Court Street and Hawley Street.
(e)
Space 5: on the east side of Exchange Street between Court Street and Hawley Street.
(f)
Space 6: on the west side of State Street between Henry Street and Lewis Street.
[Amended 4-4-2005 by Ord. No. 05-17; 5-22-2024 by Ord. No. 24-38; 8-1-2024 by Ord. No. 24-59]
In addition to those regulations generally applicable to peddler's licenses as set forth at Article II of this chapter which are not in conflict with the specific provisions of this article, the following regulations are applicable:
A.
All permits issued hereunder shall be valid until 12:00 midnight on January 15 of the next year.
B.
All inventory shall be kept within the cart and out of the public view.
C.
The area surrounding the carts shall be kept clear of trash, debris, snow and ice and the vendor shall provide a garbage can for the use of his or her customers and shall properly dispose of all trash collected in that receptacle. Proper disposal of all trash so collected shall not include disposal of the trash by placing it in the public trash receptacles provided by the City of Binghamton.
D.
No animals shall be kept by the vendor near the stand.
E.
Parking meters, utility poles, sign poles or property other than the cart operated by the permit holder shall not be used by the permit holder for any purpose, including advertising.
F.
Notwithstanding § 307-24G, vending shall be permitted only between the hours of 6:00 a.m. and 1:00 a.m. the following day on Sunday through Thursday and 6:00 a.m. and 3:00 a.m. the following day on Friday and Saturday.
G.
Carts shall be removed at the end of each business day.
H.
Carts shall not obstruct free public passage on sidewalks or malls.
I.
No carts shall exceed six feet in width by 10 feet in length. The longest dimension shall at all times be parallel to the curbline when said cart is operated on a sidewalk.
J.
The Fire Marshal shall have the authority to inspect each cart for compliance with applicable Public Safety standards.
The City of Binghamton reserves the right to amend this article at any time by adding or eliminating spaces for vending as may be required in the interest of the public health, safety and welfare.