[HISTORY: Adopted by the Common Council of the City of Prescott
as Sec. 7-10-2 of the former City Code. Amendments noted where applicable.]
The purpose of this chapter is to safeguard the citizens of
the City while protecting the rights of business people and the vending
machine owners and operators.
As used in this chapter, the following terms shall have the
meanings indicated:
Any single device or any number of devices designed for and
used to dispense food, soft drinks, beer, candy, cigarettes, or any
other item dispensed from a machine. Included in this definition are
such devices which may be freestanding or attached to the sides of
buildings, posts or other outside structures.
No vending machine may be placed or maintained in a public right-of-way
without securing a permit from the City and the payment of an annual
vending machine permit fee for such vending machine. Each vendor shall
be required to secure one permit for all of its vending machines in
the City. To that permit a list of all vending machines covered by
the permit will be attached. The vendor shall notify the City, in
writing, at the time new vending machines are being added or deleted
from the list. Notification to the City shall be accompanied by a
description of the location of the vending machine and a separate
permit fee for new vending machines. A certificate of liability insurance
shall be filed with the City covering claims for damages which might
arise out of the use or placement of such vending machine, naming
the City as an additional insured. The minimum limits of liability
shall be $100,000/$300,000.
Placement of a vending machine shall comply with the following
conditions:
A.
A vending machine may be placed no nearer than four feet to the roadway
curb or the edge of the roadway where no curb exists.
B.
No vending machine may be attached to a public facility, such as
a utility pole, roadway sign or fireplug.
C.
No vending machine may be placed in a public right-of-way adjacent
to a property zoned residential and containing four residential units
or fewer.
Each vending machine permittee who has placed or places a vending
machine under this chapter shall provide the City with a self-addressed
postcard, printed in such a manner that the City may instruct the
vendor to remove the vending machine. A permittee shall remove a vending
machine if its location is a safety hazard, significantly interferes
with pedestrian or vehicular traffic on the right-of-way or to permit
right-of-way maintenance and/or improvements. If the permittee receives
instruction from the City to remove the vending machine, the permittee
shall remove the vending machine within 10 days of the receipt of
the instructions or, failing that, such removal may be accomplished
by the City. All expense incurred in the removal of such vending machine
shall be reimbursed by the permittee.
