Except as allowed in this section, outdoor sales of goods or articles, including solicitation for certain services or activities, are prohibited outdoors on public property in the CBD district, public use zone and public boat harbors. This prohibition includes, but is not limited to, sales on public sidewalks, parking lots and streets, except as allowed below:
A. 
The following sales will be allowed in areas designated on an annual permit issued by the municipality for a fee of $10.00:
1. 
Incidental sales by juveniles of items made by the juveniles, or natural items collected by the juveniles, to tourists in the Crescent Harbor area and under the O’Connell bridge,
2. 
Handicrafts, artwork and jewelry made from fur and leather indigenous to southeast Alaska, sold by the artist, including traditional sales by Alaska Natives, as well as books written and sold by local authors which depict the history, sociology or everyday life of southeast Alaska,
3. 
Sales of personally made arts and crafts items by senior citizens for charitable purposes,
4. 
a. 
Sales of items by juveniles, the proceeds from which will primarily benefit a recognized charitable organization dedicated to providing programs for youth,
b. 
Sales will be limited to unique items that are not available commercially,
c. 
Such permits shall be limited to no more than three groups at any one given time;
B. 
Retail sales of food prepared by vendors in compliance with all applicable state, federal and/or municipal agency requirements, as well as other food items which are prepackaged by the manufacturer and do not require further processing, such as gum, candy, juice, chips and soft drinks, from a mobile, nonmotorized food cart as designated on a two-year permit issued by the municipality for a fee of $50.00, under the conditions set out in SGC § 6.20.015;
C. 
Retail sales of seafood to the ultimate consumer by the actual fisherman from their vessels at public boat harbors;
D. 
By prior arrangement with the administrator, sales may be authorized for special events such as the Salmon Derby, the Fourth of July and Alaska Day;
E. 
Solicitation by musicians, including juveniles, shall be allowed in areas designated on a musician permit issued by the municipality for an annual fee of $10.00, under the following conditions:
1. 
Musician may perform and will be issued a musician permit during hours designated by the harbormaster or Harrigan Centennial Hall manager or the designee of the municipal administrator, and
2. 
No electrical amplification of any instrument will be allowed;
F. 
Solicitation by juveniles entertaining the public, by speaking, acting, dancing, singing, playing a musical instrument, or other performance, shall be allowed in areas designated for an annual fee of $10.00 under the following conditions:
1. 
Juveniles may perform and will be issued a juvenile entertainer permit during hours designated by the Harrigan Centennial Hall manager or designee of the municipal administrator, and
2. 
No electrical amplification of any performance will be allowed;
G. 
On-site supervision by an adult is required for all juveniles under the age of 10 who participate in permitted sales and other activities allowed under this section. The permit may be revoked for misconduct such as fraud or loud, aggressive behavior or slandering other permittees, and is subject to regulations as necessary to protect the health, safety and welfare of visitors and citizens;
H. 
Failure to follow the rules of this chapter may result in the loss of a permit.
(S.G.C. 6.16.010; Ord. 92-1056 § 4, 1992; Ord. 93-1134 § 4, 1993; Ord. 95-1299 § 4, 1995; Ord. 06-12 § 4(A), 2006; Ord. 13-25 § 4, 2013; Ord. 13-47A § 4, 2014; Ord. 23-09S § 4, 2023)
A. 
No person shall operate or permit a mobile, nonmotorized food cart to be operated on municipality streets or sidewalks unless a valid vendor permit has been issued.
B. 
Mobile, nonmotorized food cart vending permits may be issued only for the sale of food prepared by vendor in compliance with all applicable state, federal and/or municipal agency requirements, as well as other food items which are prepackaged by the manufacturer and do not require further processing, such as gum, candy, juice, chips and soft drinks.
C. 
A two-year mobile, nonmotorized food cart permit shall be valid for the period from May 1st through April 30th, unless sooner revoked or terminated. A mobile, nonmotorized food cart permit, or any rights or privileges, may not be assigned or transferred.
D. 
Acceptance of a two-year permit by the permittee shall constitute an agreement and acknowledgment by such permittee that the permittee has no property right in the permit. Acceptance of a permit by the permittee shall constitute an agreement and acknowledgment by such permittee that the permittee shall indemnify and hold the city and borough of Sitka, its elected and appointed officers, its employees, and its agents harmless from and against any and all loss, damage or expense for any injury to or death of any person or persons, or for damage to property, resulting from or arising out of any act or omission of such permittee, or any of the permittee’s employees, agents, representatives, customers, or contractors. The city and borough of Sitka, its elected and appointed officers, its employees, and its agents make no representations concerning and assume no responsibility for or regarding any goods sold or activities by any permittee, or any of permittee’s employees, agents, representatives, contractors, or customers.
E. 
Application. A person seeking a vending permit to operate a mobile, nonmotorized food cart shall file a written application for such permit with the chief of police with such information as the chief of police may deem necessary to make a determination on the application, including but not limited to:
1. 
Name, address and telephone number of applicant;
2. 
Description and license number of the mobile, nonmotorized vehicle proposed to be used in the business;
3. 
An acknowledgement by the applicant that applicant agrees to be bound by all of the terms, conditions and provisions set forth in this section, and such additional terms and conditions as may be set forth in the permit; and
4. 
Submit a detailed listing for approval by chief of police of the routes proposed to be utilized each day for purpose of vending from the mobile, nonmotorized vehicle owned, operated or controlled by permittee and notify chief of police of any changes in route schedule.
F. 
Limitations.
1. 
No permittee, or any employee, agent or representative, shall operate the mobile, nonmotorized vehicle food cart unless there is displayed a current state of Alaska business license, a current state of Alaska food handling permit, if applicable, and the permittee’s operation complies with all other applicable laws, ordinances and regulations;
2. 
Each permittee, and any employee, agent or representative thereof, shall ensure that persons waiting to make purchases at the mobile, nonmotorized food cart line up in single file on the side away from the traveled part of the street and in such fashion as to create the least obstruction to pedestrian traffic;
3. 
Each permittee and any employee, agent or representative shall vend only from the side of the food cart away from moving traffic and as near as possible to the curb or side of the street;
4. 
No permittee, or any employee, agent or representative, shall:
a. 
Vend unless such permittee, employee, agent or representative has a litter receptacle available for use by patrons, nor shall permittee or any employee, agent or representative leave any location without first picking up, removing and disposing of all trash or refuse remaining from sales made by such permittee, employee, agent or representative,
b. 
Vend unless food cart is fully stopped,
c. 
Vend to any person standing on the roadway side of the food cart,
d. 
Vend within less than 50 feet of an intersection,
e. 
Must remain in compliance with sales and property tax laws in order to retain their licenses.
G. 
Insurance. Each permittee shall maintain at all times during the entire term of the permit a current commercial general liability insurance policy in an amount of not less than $1,000,000, combined single limit, which policy shall name the city and borough of Sitka, its officers, its employees, and its agents as additional insured. The policy shall not contain any self-insured retention, and shall include a provision requiring written notification to be given to the city and borough of Sitka by the insurance company not less than 30 days before the policy is canceled, modified, or terminated for any reason. Permittee shall submit a copy of the policy, or at the option of the city and borough of Sitka prior to beginning any setting up of operating, or operations under the permit.
(S.G.C. 6.16.015; Ord. 13-25 § 4, 2013)