[Adopted 2-28-1984 by Ord. No. 895
as § 187-4E of Ch. 187 of the 1984 Code; amended 4-11-1989
by Ord. No. 991]
[Amended 10-14-2003 by Ord. No. 1182]
A temporary open-air retail sale is the displaying and/or selling by
the licensee, his or her agent, servant or employee of any merchandise or
services of any nature or kind, during a period of less than 90 continuous
days, from the parking area or any other area not within the enclosed building
located on the business premises of the licensee. A temporary open-air retail
sale shall not constitute events performed by local charitable, civic or educational
groups with the purpose of fund-raising for those local charitable, civic
or educational groups.
[Amended 10-14-2003 by Ord. No. 1182]
Any licensee under this article or other ordinances of this City must obtain a permit from the Roseville Department of Buildings and Inspection to conduct any temporary open-air retail sales of merchandise or services at the licensee's business premises by submitting an application and site plan with a nonrefundable application fee as provided in Chapter
133, Fees, to the Department of Buildings and Inspection.
The application and site plan shall be submitted not less than 10 days
prior to the first day of the proposed sale, and the proposed licensee shall
be subject to and comply with the following conditions.
The proposed use shall be compatible with and shall not conflict with
principal activities conducted on the site or upon any adjacent site.
All sanitary service, electrical lines and all other operations shall
comply with all applicable City codes, ordinances and regulations and other
applicable statutes, rules or regulations of any governmental body having
jurisdiction over the activity, and any permits required shall be obtained
by the applicant. The proposed use shall comply with any other applicable
written standards established and promulgated by the city. The Building Director
may forward the application to various City departments to determine compliance
with applicable City codes, regulations and standards.
Any temporary structures shall be erected in a safe manner in accordance
with any applicable City codes, ordinances or standards.
The applicant shall provide proof of liability insurance in an amount
no less than $300,000, with the City as an additional insured, along with
a hold harmless agreement in favor of the City of Roseville in a form satisfactory
to the city.
Signage for the temporary use shall be limited to 32 square feet and
shall be set back not less than 12 feet from the right-of-way.
There shall be no existing violations of any applicable City code on
the proposed site nor any past complaint filed for violation of any codes,
conditions or restrictions placed upon the use if such use was previously
approved by the City for the applicant for the subject site. The issuance
of prior complaints shall be a basis for denial or administrative approval
of a temporary use.
The use shall not be of such a scope, nature or size or shall not have
any unusual or peculiar characteristics that necessitate special safety considerations
or sanitary considerations, require special crowd control measures or involve
hazardous material.
Applications for any variance of these regulations or an appeal by any person aggrieved by the decision of the Department of Buildings and Inspection regarding an application for a permit shall be made pursuant to the appeal process provided for in Chapter
187, Licensing, §
187-12B(7) of the Code, and any variance or reversal of a decision of the Department of Buildings and Inspection shall be granted upon a showing that a strict application of the regulations or the decision of the Department of Buildings and Inspection would result in peculiar or exceptional practical difficulties to or exceptional undue hardship upon the applicant, provided that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this article. In granting a variance, the appeal board or the City Council may attach thereto such conditions regarding the location, character and other features of the proposed temporary use as it may deem reasonable in furtherance of the purpose of this article.
The Roseville Chief of Police, or representative, in addition to and
not in lieu of any other penalties provided for violation of any City ordinances,
may revoke any permit already issued for the operation of temporary open-air
retail sales upon proof submitted of the violation of any provisions of this
article regulating temporary open-air retail sales.
The Roseville Chief of Police, or representative, shall close down the
operation of any temporary open-air retail sale upon the revocation of the
permit to operate and may impound, as evidence, any merchandise, vehicles,
signs or other apparatus used in connection with the temporary open-air retail
sales; provided, however, that said evidence may not be impounded unless a
violator is given an opportunity for trial on the violation charges before
the 39th Judicial District Court within 10 business days of the date any evidence
is impounded for any violation.
Any person violating the provisions of this article shall be punished as provided in Chapter
1, General Provisions, Article
I.