[HISTORY: Adopted by the Mayor and Council of the City of
Seat Pleasant 2-14-1994 by Ord. No. 94-01. Amendments noted where
applicable.]
It is found and declared that:
A.
The primary 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:
Any vehicle used for the displaying, storing or transporting
of articles for sale by a vendor which is required to be licensed
and registered by the State Department of Motor Vehicles. The term
is to include trailers, trucks and automobiles.
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.
Any occasion including but not limited to fairs, shows, exhibitions,
City-wide celebrations, festivals, etc., within a specifically defined
area of the City of Seat Pleasant for a period of time not to exceed
seven days.
Any newsstand, table, bench, booth, rack, handcart or 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 or which sells or
offers to sell food, beverages, goods or merchandise on any public
way from a stand or motor vehicle or from his/her person.
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 Seat Pleasant without first obtaining a license
from the City Administrator.
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.
The full name, home address, permanent business address (if any),
telephone number, driver's license number, three copies of a
current full-face photograph and proof of identity of the applicant.
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 intends 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 Seat Pleasant within the past five years.
A.
The application of any vendor engaged in the sale of food or beverages
shall also be referred to the Local 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.
B.
The applicant shall also state the method by which food is to be
cooked and the method it proposes to use in the disposal of waste.
Each method must have the approval of the Local Health Department.
Not later than 30 days after the filing of a completed application for a vendor's license, the applicant shall be notified, in writing, by the City Administrator of the decision on the issuance or denial of the license. If the vendor applicant complies with all application requirements and is found to have no nonconformities rationally related to sales on public ways in the City of Seat Pleasant, the applicant shall be issued a vendor's license. If a food and beverage applicant meets the prior requirements and receives Health Department approval, then such applicant shall be issued both a vending license and a health permit. Any applicant denied a vending license may seek an appeal pursuant to § 141-14. A vending license is valid for a period of one year from the date of issuance.
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 § 141-9. Vendors granted a temporary license are subject to the same operating regulations as other vendors, except where otherwise specified. Temporary license applicants must meet the same application requirements as other vendors, including health permit specifications.
The following vendors are exempt form the licensing requirements of §§ 141-3 and 141-5 but shall otherwise be required to comply with the provisions of this chapter:
A.
All religious, nonprofit and charitable organizations, including
school groups.
B.
Vendors, merchants, exhibitors and salespeople who exhibit, demonstrate
or solicit orders for goods in conjunction with and as part of the
organized program of conventions, professional meetings, seminars
and the like.
C.
Any individual selling newspapers or magazines or distributing free
samples from his/her person.
[Amended 10-10-2011 by Ord. No. O-12-02]
Each vendor granted an annual license under this chapter shall
pay an annual license fee in the amount of $100. Each vendor granted
a temporary vending license for a special event shall pay a temporary
license fee in the amount of $25.
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 $200,000 for property damage and
injuries, including injury resulting in death, caused by the operation
of the vending business.
A.
The license issued to a vendor shall be carried with the vendor at
all times when he/she is engaged in the business of vending. If the
vendor sells food or beverages, the health permit must also be displayed.
B.
In addition to the license, the City shall issue an identification
badge to every vendor. Vendors shall display their badges in such
a way that the badges may be easily read while doing business. If
a badge becomes damaged or obscured, the vendor shall return it to
the City and receive another badge.
C.
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.
B.
Hours of operation. Vendors shall be allowed to engage in the business of vending only between 9:00 a.m. and 8:00 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 § 141-7), 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.
C.
Handicapped areas. No vendor shall conduct business within 100 feet
of any handicapped parking space or access ramp.
D.
Removal of trash. All trash or debris accumulating within six feet
of any vending stand shall be collected by the vendor and deposited
in a trash container. All vendors selling food or beverages must provide
trash receptacles adjacent to or as a part of their stands.
E.
Prohibited areas. A vending license issued pursuant to this chapter
is valid only on the public ways of the City of Seat Pleasant. The
City shall prohibit vendors from selling on specified public ways
if it determines such prohibitions are necessary for the protection
of public health and safety. Vendor stands and motor vehicles are
prohibited within 20 feet of a fire hydrant, fire escape, bus stop
or loading zone or the driveway of a fire station or police station.
Vending within 300 feet of schools between the hours of 8:00 a.m.
and 4:00 p.m. on school days is prohibited.
F.
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.
G.
Motor vehicles. No vendor vending from a motor vehicle shall:
(1)
Stop, stand or park the vehicle within 300 feet of any intersection,
within any other prohibited area or during prohibited hours.
(2)
Conduct business in such a way as would increase traffic congestion
or delay, constitute a hazard to life or property, interfere with
an abutting property owner, or obstruct access to emergency vehicles.
H.
Pushcarts. Vendors utilizing pushcarts or other mobile, nonmotorized
vending stands may only conduct business in each location for a period
of 30 minutes at a time. At the end of that period, such vendors must
move to a new vending location at least 500 feet from the previous
location. Pushcart vendors who do not adhere to these regulations
will be considered fixed-location stand vendors and will be assigned
to a fixed location.
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 to 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 Seat Pleasant.
(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.
Persons who are denied licenses or whose licenses have been
suspended or revoked may appeal by filing a written notice of appeal
within 10 days of the denial with the City Council.
Licenses may be renewed, provided that an application for renewal
and license fees are received by the City no later than the expiration
date of the current license. Applications received after that date
shall be processed as new applications. The City shall review each
application for renewal to determine that the applicant is in full
compliance with the provisions of this chapter. If the City finds
that the application meets the above requirements, the City shall
issue a new license.
[Amended 10-10-2011 by Ord. No. O-12-02]
A violation of this chapter is a municipal infraction. Any person
who violates any provision of this chapter shall be punished by a
fine in the amount of $200 for each offense. A person commits a separate
offense each day that the person violates a provision of this chapter.
City police officers and City Code enforcement Officers may enforce
the provisions of this chapter and issue citations for violations.
