The purpose of this chapter is to provide for regulation of long-term sidewalk vending activities in commercially zoned districts, in order to more fully promote the public interest by contributing to an active and attractive pedestrian environment. In recognition thereof, reasonable regulation of sidewalk vending is necessary in public ways to protect the public health, safety, and welfare and the interests of the City.
(Ord. 27297 § 1, 2004-11-23; Ord. 28539 Ex. O, 2018-11-06)
It shall be unlawful for any person to engage in or carry on the business of sidewalk vending upon the public ways of the City without first having obtained a license or licenses pursuant to this chapter.
(Ord. 27297 § 1, 2004-11-23)
“Arts and crafts”
means items for sale that are of original creation, designed and produced by the original creator. No copies are permitted except for prints of original art work produced by the original creator. Items made from kits, imported items, factory-made items, unfinished work, arts and crafts supplies, and manufactured or kit jewelry are not allowed. Arts and crafts items may only be sold by the original creator or authorized agent.
“Authorized agent”
means a designated person or persons selling original creations on behalf of the person that created the art or craft. The art and craft must remain the property of the original creator. No person can sell arts and crafts which have been purchased from the original creator.
“Public ways”
means and includes all portions of streets and alleys within the corporate limits of the City and, in addition, such other property under the control of the City which the City Council may from time to time designate as public ways for the express purpose of allowing vending thereon, with any vending in such areas so designated by City Council resolution to be subject to such additional or different requirements as may be provided by the resolution (or amendment thereto) designating such area as a public way. No provision of this chapter shall be construed to allow vending (by license or otherwise) in any portion of (1) a public way primarily used by motorized vehicles; (2) in areas, trails, or paths set aside or designated by the City as bike paths or nature trails, or (3) any public way or part thereof which the City Council, by resolution, shall designate as being inappropriate for vending activities.
“Sidewalk vending unit”
means a mobile unit that can be removed from the sidewalk each night and is operated from a fixed location on a public way from which food, flowers and plants, and “arts and crafts,” as defined in this chapter, and/or non-alcoholic beverages are provided for the public with or without charge; except, however, that the provisions of this chapter shall not apply to mobile caterers, generally defined as follows: a person engaged in the business of transporting, in motor vehicles, food and beverages to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing from the vehicles the items, at retail, for convenience of the personnel of such establishments.
“Vending”
means the sale of food, flowers and plants, and “arts and crafts,” as defined in this chapter, and/or non-alcoholic beverages only from a sidewalk vending unit upon public ways of the City.
“Vendor”
means a person who engages in the activity of sidewalk vending.
(Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 28593 Ex. A, 2019-07-02)
Application for a license shall be filed with the Department on forms deemed appropriate by the Director. Such application shall contain all the information requested below, along with the current fee, to apply for the license. A decision to issue a license is based on this information, other applicable ordinances, and other requirements as may be set forth herein. The licensee must satisfy the following requirements before a sidewalk vending license can be issued:
A. 
Submit the name and home and business addresses of the licensee, and the name and address of the owner, if other than the licensee, of the vending business or sidewalk vending unit to be used in the operation of the sidewalk vending business.
B. 
Submit a copy of the adjacent property owner and business owner’s written approval for the sidewalk vending site(s). Written approval from a legal representative of the above party may be substituted.
C. 
If selling only nonfood items and no approval is required from the Tacoma-Pierce County Health Department, as outlined in subsection G below, submit an accurate diagram of the mobile unit. Include dimensions (length, width, and height). Show location of overhead coverage, if provided.
D. 
If selling arts and crafts, submit a signed arts and crafts certification, as provided by the City.
E. 
Submit the address of the location or locations the sidewalk vending unit will operate along with an accurate drawing which shows the public area to be used. Each licensee may request up to two locations. If two locations are requested and the sidewalk vending unit will be traveling from one location to another location throughout the day, then a route path between the two locations must be submitted along with the application.
F. 
Obtain comprehensive general liability, including products/completed operations liability insurance, naming the City of Tacoma and the adjacent property owner as additional insureds for both ongoing and completed operations. Minimum liability to be maintained is $1,000,000 public liability and property damage. If the licensee hires employees, the licensee shall maintain Statutory Work Compensation and also Employers Liability with limits not less than $1,000,000. The licensee shall submit a certificate of insurance and copies of the additional insured endorsement(s) to the Department.
G. 
Comply with the inspection provisions and standards for mobile food units, as set forth in WAC 246-215 and any amendments thereto. To demonstrate compliance with these requirements, the licensee shall obtain plan check approval from the Tacoma-Pierce County Health Department and submit a copy of the Mobile Unit Permit to the City.
H. 
All sidewalk vending units in which food or beverage preparation occurs are subject to inspection by the Tacoma Fire Department to assure compliance with TMC Chapter 3.02, Fire Prevention Code, including, but not limited to, compliance of cooking or heating apparatus and fire extinguisher requirements.
(Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 29045 Ex. A, 2025-07-01)
The license fees for Sidewalk Vending are hereby fixed as follows:
Description
Fee
Initial application
$100
Annual license
$50
Sidewalk vending change application
$25
If at any time during the annual license term a vendor changes the size of the sidewalk vending area or mobile unit, location, or adds a new heating or cooking apparatus, a new application for approval must be submitted with an application fee of $25.
(Ord. 27297 § 1, 2004-11-23; Ord. 27406 § 23, 2005-08-30; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 29045 Ex. A, 2025-07-01)
After the filing of a completed application for a sidewalk vending license, the licensee shall be notified by the Department of the decision on the issuance or denial of the license. In the event that two or more applications for the same location are received, the earliest application received by the Department, if approved, shall be awarded the location. Upon denial of the application, the licensee shall be so notified pursuant to Section 6B.180.120.
(Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 28910 Ex. A, 2023-10-31; Ord. 29045 Ex. A, 2025-07-01)
(Term of license. Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; repealed by Ord. 28539 Ex. O, 2018-11-06)
A. 
Any sidewalk vendor licensed under this chapter may, in addition to the vendor’s approved location(s), operate their sidewalk vending business on Tollefson Plaza located on South 17th Street and Pacific Avenue.
B. 
Vendors must be at least five feet from all adjacent vendors.
C. 
Vendors are not required to get the approval of adjacent property owners, business owners, or vendors when operating on Tollefson Plaza.
D. 
Per Section 6B.180.100E, during special events permitted by the City located on Tollefson Plaza, a vendor may not operate their sidewalk vending business without the permission of the person issued a special event permit or special event sponsoring unit, as designated on the special event permit approved by the City.
E. 
A sidewalk vendor who, in the City’s sole discretion, is operating or locating in Tollefson Plaza in a manner which impedes public access, ingress, egress, or otherwise interferes with the City’s or its licensees use of Tollefson Plaza, shall be required to relocate or remove their vending business as directed by the City.
(Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 28593 Ex. A, 2019-07-02; Ord. 29045 Ex. A, 2025-07-01)
(Change in vending. Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; repealed by Ord. 28539 Ex. O, 2018-11-06)
Upon receipt of a completed application for a sidewalk vending license, the City shall review the location to determine if it is suitable for sidewalk vending. In making this determination, the City shall consider the following criteria:
A. 
No license shall be issued for a location within 25 feet of a location for which a license has already been granted, unless agreed to by the adjacent property owner(s), adjacent business owner(s) and adjacent vendor(s) with a similar type of merchandise operating under this section.
B. 
The license operating location must be within an approved commercial zone as approved by the City.
C. 
The use of sidewalk vending units must be compatible with the public interest in use of the public ways as public rights-of-way.
D. 
The location of the sidewalk vending unit shall not reduce the width of any pedestrian walkway below six feet, shall not force any pedestrian walking or using a wheelchair to leave the sidewalk, and shall not restrict the sidewalk to a degree that such pedestrians are required to pass single file.
E. 
A sidewalk vendor shall not use a given location when the City approves a special event permit pursuant to TMC Chapter 11.15 that uses the same public ways unless the sidewalk vendor is a participant of the special event and has received permission from the special event licensee.
F. 
No person or corporation shall either pay or accept payment for the written consent required for issuance or continued operation of a sidewalk vending license.
G. 
No person or corporation shall either pay or accept payment from the sidewalk vendor for the use of public property to obtain a sidewalk vending license.
(Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 29045 Ex. A, 2025-07-01)
Any person with a valid sidewalk vending license issued pursuant to this chapter shall be subject to the following restrictions:
A. 
All sidewalk vendors must display, in a prominent and visible manner, the license issued by the Department under the provisions of this chapter.
B. 
The height of a sidewalk vending unit, excluding canopies, umbrellas, or transparent enclosures, shall not exceed five feet. The length of the sidewalk vending unit shall not exceed (96) ninety-six inches.
C. 
Umbrellas or canopies shall have a minimum clearance of (7) seven feet and a maximum height of (9.5) nine feet six inches above the sidewalk. Umbrellas or canopies shall not exceed (40) forty square feet in area.
D. 
The sidewalk vending site must be clean and orderly at all times, and the vendor must provide a refuse container for use by patrons.
E. 
Soliciting business from persons in motor vehicles is prohibited.
F. 
No merchandise shall be displayed using street furniture (planters, street lights, trees, trash containers, etc.) or placed upon the sidewalk. No use of any automatic coin-operated vending dispenser shall be allowed. Persons conducting a sidewalk business must use an approved sidewalk vending unit.
G. 
Vendors shall not hinder the use of any phone booth, mailbox, parking meter, fire alarm, fire hydrant (including automatic sprinklers or standpipe connections), newspaper vending machine, waste receptacle, bench, transit stop, street parking space, or traffic signal controllers.
H. 
Vendors shall obey any lawful order from a Police or Fire Department official or any other City official during an emergency or to avoid congestion or obstruction of the sidewalk.
I. 
No vendor shall make any noise that exceeds the standards in TMC § 8.122.020 or use mechanical audio or noise-making devices to advertise the vendor’s product.
J. 
No sidewalk vending unit shall be left unattended on a sidewalk, nor remain on the sidewalk between 2:00 a.m. and 6:00 a.m.
K. 
Vendors shall not be within 10 feet of a driveway or bus stop sign, or within 20 feet from a crosswalk, pursuant to RCW 46.61.570, unless approved by the City.
L. 
Utility service connections are not permitted, except electrical, when provided by the owner of the adjacent property. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk or in an area where a vehicle can drive over them, however, electrical cords or cables may cross the sidewalk if they are covered with an ADA compliant ramp or cover.
M. 
No products may be sold while a sidewalk vendor is in transit.
(Ord. 27297 § 1, 2004-11-23; Ord. 27673 Ex. C, 2008-02-19; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06; Ord. 28593 Ex. A, 2019-07-02)
A. 
In addition to the reasons for suspension or revocation set out in Section 6B.10.140, the Director may suspend or revoke any license issued under this chapter if the Mobile Unit Permit issued by Tacoma-Pierce County Health Department is cancelled or revoked, or for any violations of this chapter.
B. 
The grant of a license for sidewalk vending on a public way is a grant of a temporary privilege to use a portion of the public way to serve and benefit the general public, and any rights of use permitted under the provisions of this chapter shall be of a temporary and revocable nature.
C. 
Any approved location granted under the provisions of this chapter may be revoked by the Director or other authorized representative of the City, if the Director or authorized representative finds that the location no longer serves or benefits the public and is inconsistent with Chapter 6B.180. The Director may rely, in part, on correspondence regarding the sidewalk vendor’s operations and compliance with the requirements of the TMC filed with the Director by property owners and businesses located within reasonable proximity to the sidewalk vending location.
D. 
An adjacent property owner, adjacent business owner or legal representative may withdraw consent in writing for the sidewalk vending unit. Vendors shall be given 30 days’ notice of consent withdrawal before the Director will revoke the license.
E. 
Where a sidewalk vendor does not use the licensed location as approved under this section for a continuous 30-day period during the period of June 1 through August 31 of each year and where another vendor applies for the location, such license will be revoked.
(Ord. 27297 § 1, 2004-11-23; Ord. 27897 Ex. A, 2010-06-22; Ord. 28539 Ex. O, 2018-11-06)