(a) 
This Article is intended to provide a safe, orderly means for seasonal retail businesses to conduct business within the corporate limits of the city. All regulations of this Article are deemed necessary for the protection of the health, safety and general welfare of the businesses as well as the citizens of the city. Seasonal retail businesses are permitted in GB, HC and PS districts.
(b) 
Seasonal retail businesses shall be defined as those retail businesses that establish a business within the city for at least five (5) days each week for the period in which the business is in operation.
(c) 
A seasonal retail business shall be in operation for a minimum of thirty (30) consecutive days and for maximum of sixty (60) consecutive days per calendar year.
(d) 
The sale of used clothing and/or accessories, used furniture, used household and/or sporting goods is prohibited. Examples of seasonal retail businesses permitted under this Article could include Christmas tree sales, or snow cone sales.
(e) 
The site is adequately served by utilities and sanitary facilities.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)
(a) 
A permit issued by the City’s Development Services Department shall be required for any seasonal retail business. Any individual making application for permit approval to conduct a seasonal business shall submit a written application to the Development Services Director or his/her designee for a permit that shall include:
(1) 
The name and address of the applicant.
(2) 
The application shall show satisfactory written proof of the applicant’s authority to represent the organization or sponsor the applicant represents.
(3) 
The name and address of the sponsor, company or organization for whom the applicant represents.
(4) 
The kinds of goods to be sold or services to be offered.
(5) 
The dates of operation and business hours.
(6) 
A layout drawing to scale depicting the location of the event and the traffic access and circulation planned.
(7) 
Evidence that each of the required conditions in this Article has been addressed.
(8) 
No permit shall be issued until such application has been filed with the city for a period of no less than fourteen (14) calendar days.
(b) 
Any seasonal retail business shall provide evidence to the city that the following regulations have been met:
(1) 
Written, signed permission from the property owner giving his approval for the seasonal retail business to be conducted on the premises is provided. The permission letter must include the dates, times, and activities of the seasonal retail business that is requesting the permit.
(2) 
Documentation from the owner of the seasonal retail businesses that provides evidence of full insurance coverage, including liability.
(3) 
The establishment of a barrier restricting pedestrian or vehicular traffic from imposing onto the property of any adjacent residential uses. If such barrier is temporary with the business, it shall be removed on or before the last day the business is permitted for operation.
(c) 
Seasonal retail businesses shall be permitted only if all of the following site facilities and approved permits are secured for the entire duration of the event:
(1) 
Adequate, available off-street parking, calculated at a ratio of 1 per 100 square feet of vendor space, with a minimum 5 spaces required.
(2) 
A safe access driveway and traffic circulation plan; approved by the Development Services Department.
(3) 
Tent permits, when applicable.
(4) 
Electrical permits, plumbing permits, sign permits, and other permits as applicable that are required by code.
(5) 
Location and placement of dumpsters, carts and/or barrels for trash and recycling shall be established at a capacity level adequate to keep all such materials within their appropriate containers. Businesses that include food items shall have the containers emptied a minimum of twice weekly. All dumpsters shall be located no closer than twenty (20) from the property line of any residence and at a location not visible from any public street. All containers shall be hauled away no later than one (1) day after the close of business.
(6) 
Health permits (food handlers), any other applicable county, state, or federal permits shall be prominently displayed at all times.
(7) 
Bathroom facilities for employees/patrons when applicable.
(8) 
Handicapped accessibility compliance when applicable.
(9) 
Within the GB district, seasonal retail businesses must be located on a site containing a minimum 80,000 sf anchor tenant. An exception to this requirement may be considered by the City Council if determined to be in the best interest of the health, safety and general welfare of the citizens of the City. A person seeking this exception shall submit a letter in writing to the Director of Development Services, stating the reason for the exception request, including the hardship that will result to the applicant, his/her client, or the public if the exception is not granted. In making the determination on whether to grant the exception, the City Council should consider:
(A) 
The character and degree of injury to, or interference with, the health and welfare or the reasonable use of property that is caused or threatened to be caused;
(B) 
The value to the community of the activity for which the exception is sought; and
(C) 
The proximity to residences at which reasonable persons would be disturbed by the proposed business.
Council action on the exception request shall occur within 60 days of receipt of the written request. The City Council shall consider each application on the same basis as that used for other similarly situated applicants and shall make each exception decision free from consideration of race, sex, national origin, religion, the content of speech, or any other factors not provided for in this Article.
(10) 
One seasonal retail business per property shall be permitted.
(11) 
Along with every permit issued under the provisions of this chapter, the permittee shall be issued an acknowledgment of permit certificate that shall be posted in a prominent place at the business. This certificate shall contain the following:
(A) 
Name of the permittee;
(B) 
Name of the business approved by permit;
(C) 
Date of expiration of permit;
(D) 
Permitted hours of operation;
(E) 
Signature of the building official or his designee;
(F) 
Signature of the fire marshal or his designee;
(G) 
It shall be unlawful for the permittee to engage in his business without having such a certificate in his possession and prominently posted at his business;
(H) 
Each permit issued under these provisions shall not be transferable or assignable and shall give to no person other than the permittee, authority to transact any business in the city; and
(I) 
Each permit required by this Article shall be valid for a period of one calendar year and may be removed by the city for good cause. Any such business that opens without a permit under the regulations of this chapter shall be considered in violation. Any such business that operates without compliance to all the regulations of this chapter shall be considered in violation of this chapter.
(Ordinance CO08-21-01-28-E2 adopted 1/28/21)