[HISTORY: Adopted by the Village Board of the Village of Shorewood as Ch. 10, Art. 3 of the 1986 Code. Amendments noted where applicable.]
It is recognized that the primary purpose of a public street, alley or sidewalk is to permit pedestrian and vehicular travel and to provide access to abutting properties. It is further recognized that the commercial use of the public streets, alleys or public ways for the sale or vending of merchandise or other material is a privilege rather than a right which may be prohibited or closely regulated to encourage the safe, convenient and uninterrupted use of the public streets for travel. It is, therefore, declared to be the purpose of this chapter to regulate commercial street activity as otherwise specifically provided for by this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Food, property and personal property of any kind and includes goods provided incidental to services offered or sold.
- OTHER PUBLIC PREMISES
- Any premises owned or controlled by the Village, or any board or agency thereof, and dedicated for use by the public generally and includes premises appurtenant to public buildings.
- PERMANENT MERCHANT
- A vendor who, for at least one year prior to the consideration of the application, has continuously operated an established place of business in this Village.
- PUBLIC WAY
- Any public thoroughfare dedicated, condemned, acquired or created in accordance with the statutes for street, alley or pedestrianway purposes.
- STREET FESTIVAL
- Any fair or event taking place on any public way or other public premises, including open markets and farmers' markets, but exclusive of parades, processions, bicycle or foot races.
- Any person who sells goods or takes sales orders for the later delivery of goods on any public way or other public premises.
No person may hold a street festival on any public way or other public premises in this Village without having obtained a permit under this chapter.
No person may act as a vendor on any public way or other public premises except as permitted under this chapter.
The requirements of this chapter, including the described permit, shall be in addition to any ordinance, permit or license requirement of the Village Code or state law.
The following shall be exempt from all provisions of this chapter:
Permanent merchants conducting a temporary sidewalk sale.
Any vendor who sells goods or takes orders for the later delivery of goods within the designated area of any Village-permitted street festival, provided that the person is registered and operating with the permission of the applicant for the street festival permit.
Applicants for a street festival permit shall complete and return an application form furnished by the Village Clerk. Such application shall include the name and address of the applicant and shall describe the proposed location of the street festival and delineate the location of the borders of the area intended to be used with particularity. The application shall describe the types of merchandise to be sold, marketing methods to be used, public need or convenience, the appropriateness of the location, the public safety factors affected (for example and without limitation, noise, litter, congestion, impediment to traffic and travel) and the overall effect the festival would have on the general neighborhood. In addition:
Street festival sales. All permit applications for street festivals as defined in § 462-1 shall include a list of all persons and their respective permanent addresses who have obtained permission from the festival applicant to sell goods or take orders for the later delivery of goods within the designated area of the street festival; such list shall be finalized no later than two working days prior to each event for all nonfood vendors and seven working days for food vendors.
Indemnification. The street festival permit application shall contain the following statement: "The applicant agrees to defend, indemnify and save harmless the Village from and against all liabilities, claims, demands, judgments, and losses and all suits at law or in equity, costs and expenses, including reasonable attorney fees, for injury or death of any person or loss or damage to the property of any person, firm, organization or corporation, including both parties hereto and their agents and employees, arising from the holding of such street festival." No permit may be issued unless the applicant has agreed to the terms of this statement on the written application.
Insurance. Each applicant shall furnish a certificate of insurance showing insurance written by a company licensed in the State of Wisconsin, approved by the Village and covering any and all liability or obligations which may result from the operations by the applicant's employees, agents, contractors or subcontractors. The certificate shall provide that the company will furnish the Village with a ten-day written notice of cancellation, nonrenewal or material change. The policy insurance shall provide minimum combined single limits for bodily injury and property damage of $1,000,000 or such other insurance as deemed to be adequate by the Village Attorney.
Cleanup. The applicant shall agree to restore the designated area to as near the present condition as possible as determined by the Village, including but not limited to the removal of all rubbish and debris; in the event that cleanup and restoration are not done to the satisfaction of the Village and after notice seeking compliance, the Village may proceed to do so; any costs incurred by the Village to clean and restore the designated area will be paid by the applicant.
Completed application forms will be transmitted to the Health Department, the Police Department, the Planning and Development Department and the Department of Public Works for review. After approval by each of these departments, all applications for street festivals will be submitted to the Village Board of Trustees for consideration at least 30 days in advance of the event. An application may be for one date or for a series of recurring dates which may not exceed a two-month period.
A street festival permit may also have additional restrictions and limitations placed upon it as deemed appropriate by the Village Board.
Fee. Each application shall be accompanied by a fee as designated within the Village Fee Schedule.
Inspection. The Village Health Officer, the Police Chief or their duly designated agents, after proper identification, shall be permitted to inspect and investigate any vendor and the vendor's wares and records regarding sales, in the designated street festival area, for the purpose of determining compliance with the provisions of this chapter and other applicable Village and state regulations.
Suspension. Whenever the Village Health Officer, the Village Police Chief, or their designees find unsanitary or other conditions in the operation of a vendor's business which are determined to constitute a substantial hazard to the public, they may, without warning, notice or hearing, issue an order to the permittee, operator or employee in charge of said business citing such conditions and specifying the corrective action to be taken and the time period to be allowed for completion of the corrective action. If conditions warrant, such order may also include immediate suspension of the permit, and all further vending shall cease immediately. Failure to allow inspection is grounds for suspension.
Revocation. For serious or repeated violators of any of the requirements of this chapter or other applicable Village and state regulations, or for interference with Village officers or inspectors in the performance of their duties, the permit granted hereunder may be permanently revoked. The permit holder shall be given notice, in writing, with the notice stating that the permit shall be revoked on a date certain five days after the notice is given, unless the permit holder requests a hearing prior to the date certain.
Any permit holder whose permit has been suspended or revoked or any applicant that has been denied a street festival permit may, upon written request to the Village Clerk, appeal the suspension, revocation or denial to the Village Board of Appeals pursuant to § 535-56 of this Code.