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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2012 - ITEMS RELATING TO IMPLEMENTATION OF THE OUTDOOR VEDATE: July 17, 2012 STAFF: Pete Wray, Peter Barnes Jessica Ping-Small AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Items Relating to Implementation of the Outdoor Vendor Study. A. Second Reading of Ordinance No. 057, 2012, Making Various Amendments to the Land Use Code Relating to Outdoor Vendors. B. Second Reading of Ordinance No. 058, 2012, Amending Article XIV of Chapter 15 of the City Code Regarding Licensing of Outdoor Vendors. EXECUTIVE SUMMARY Ordinance No. 057, 2012 amends the Land Use Code. A new section is added to Article 3, Supplementary Regulations for Outdoor Vendors. Article 4 has been amended by adding Outdoor Vendors as a permitted use in non- neighborhood zoning districts. Article 5 has been amended to add a new definition for “Outdoor Vendor”. Ordinance No. 058, 2012 amends Chapter 15 of the City Code regarding licensing and regulations for outdoor vendor businesses. The definition for outdoor vendors and exemptions has been revised, new definitions for outdoor vendor types have been added, and licensing requirements have been revised. Both Ordinances were unanimously adopted on First Reading on June 5, 2012. EXECUTIVE SUMMARY Since First Reading, staff has continued to refine Ordinance No. 058, 2012, including minor text edits. The following proposed revisions are described below: 1. A definition of restaurants is added for reference (page 4). 2. Special Vending License (Section 15-382, page 5). Staff added additional clarification for determining if a special vending license will be issued by the Financial Officer. 3. Additional Requirements for Mobile Food Truck and Pushcart Vendors (page 11, 12, and 13). Vendors can not stop to vend within 200 feet of the front entrance of any restaurant, (when such restaurant is open to the public). This clarification will enable vendors to operate on a private lot or on-street parallel parking space with no separation of restaurants if they are closed. An existing restaurant that is open to the public may agree to a food vendor operating within the 200 foot separation. 4. A clause has been added to the definition of "outdoor vendor" in both Ordinance No. 058, 2012 and Ordinance No. 057, 2012, to clarify that an outdoor vendor giving away goods and services to the public is also within the scope of the definition. During First Reading, Mayor Pro-Tem Ohlson requested staff assess implications of food truck idling. A response from staff is provided in Attachment 2. In short, the proposed staff recommendation is to administratively encourage mobile food truck operators, at time of issuance of license, to park and vend after the vehicle motor is turned off. All existing food truck vendors staff contacted confirmed they do not idle vehicles to operate vending. When parked, vendors use a combination of pugged-in electrical power, batteries, gas generators, or propane for alternative power and fuel inside the vehicle to operate. Information to further educate vendors on impacts of excessive vehicle idling will be available at the Finance Office. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. July 17, 2012 -2- ITEM 13 ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - June 5, 2012 (w/o attachments) 2. Staff response to Mayor Pro-Tem Ohlson’s request relating to food truck idling COPY COPY COPY COPY ATTACHMENT 1 DATE: June 5, 2012 STAFF: Pete Wray, Peter Barnes, Jessica Ping-Small AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 28 SUBJECT Items Relating to Implementation of the Outdoor Vendor Study. A. First Reading of Ordinance No. 057, 2012, Making Various Amendments to the Land Use Code Relating to Outdoor Vendors. B. First Reading of Ordinance No. 058, 2012, Amending Article XIV of Chapter 15 of the City Code Regarding Licensing of Outdoor Vendors. EXECUTIVE SUMMARY These Ordinances address actions needed to implement the Outdoor Vendor Study staff recommendations. Ordinance No. 057, 2012 amends the Land Use Code. First, it adds a new section in Article 3, Supplementary Regulations for Outdoor Vendors. Second, it amends Article 4 by adding Outdoor Vendors as a permitted use in non- neighborhood zoning districts. Finally, it amends Article 5 to add a new definition for “Outdoor Vendor”. Ordinance No. 058, 2012 amends Chapter 15 of the City Code regarding licensing and regulations for outdoor vendor businesses. It revises the definition for outdoor vendors and exemptions, adds new definitions for outdoor vendor types, and revises licensing requirements. BACKGROUND / DISCUSSION Over the past several years, the types, products, and distribution of outdoor mobile vendors have evolved to include more options. Vendors have expressed the desire for the City to be more accommodating, with less restrictive license and permit requirements. On the other hand, the City has also received complaints from existing local merchants concerned about potential unfair competition from mobile vendors, and the need for a level playing field in licensing and permitting. In September 2011, staff was initially directed to evaluate the issues relating to food truck vendors, and whether potential changes may be warranted to the Outdoor Vendors section of the City Code, and related sections of the Land Use Code. In the course of the study, staff found the need to add other vendor types to the scope of the study. For example, transportation vendors such as pedicabs, conference bikes, horse-drawn carriages, and valet parking services were added for consideration in the study, as were non-food vendors such as holiday tree sellers and various non-profit fundraisers. Staff Assessment of Potential Options for Outdoor Vendors The staff team initially researched the relevant topics in other cities, both in Colorado, and across the nation (see Attachment 5). This assessment helped identify a range of options for staff to explore. Staff also reviewed existing Land Use Code and City Code requirements, resulting in recognition that these regulations significantly limited outdoor vendor operations within the City and appeared overly restrictive in certain ways. A range of alternative outdoor vendor options were developed and included in the on-line survey for feedback. Staff then developed draft recommendations that were presented at a public open house meeting on May 9, 2012. The proposed new requirements identified by staff involve new locations for food truck vendors to operate, distance buffers from existing restaurants and schools, and other operational requirements. Issues Resolved by Code Changes: COPY COPY COPY COPY June 5, 2012 -2- ITEM 28 • Existing City Code requirements currently restrict a license to one location, and do not allow vendors to operate within a public street. Certain food vendors would like to operate in multiple locations and offer their products directly from public streets. • Also, existing vendor licensing is currently only available for one-month periods. Vendors desire more efficient time frames of semi-annual or annual licensing. • The Land Use Code currently has one permitted use category that has been applied to outdoor food vendors – Fast Food Restaurant – but needs better clarification to distinguish between restaurants and outdoor mobile food vendors. In other words, a new definition of the use is needed to better recognize outdoor vendor types. • For private property, current Land Use Code standards treat many vendors as a principal use required to make site improvements under Change of Use requirements, due to the lack of any other provisions to specifically recognize outdoor vendors. This requirement is burdensome or prohibitive for vendors operating on a temporary basis. • Vendors’ desire to operate from public streets raised questions about safety and impacts on other public right- of-way functions. • Vendors’ desire to operate food trucks in parks and neighborhoods raised questions about effects on the functions and livability of these areas. While outdoor food vendors desired to also operate within public parks, long-standing park policy does not support allowing these vendors inside parks on a regular basis, except authorized as part of special events. Vendors have been prohibited from conducting their business in parks in order to avoid commercializing them. Parks are intended to be places of respite from an often hectic and commercialized world and allowing vendors into them on a regular basis would undermine this purpose. Fundamental questions from existing business owners have been raised of potential competition and need for a level playing field, between brick and mortar restaurants, which bear costs and requirements of development, ownership, and maintenance of real property, and mobile food trucks. 1. Will the study ensure a level playing field between brick-and-mortar restaurants and mobile food trucks? Staff response: No, the two types of businesses fundamentally operate on slightly different playing fields. The proposed City requirements for mobile food trucks are an attempt to update and clarify the rules of operation for these uses, but they do not necessarily ensure parity with requirements for development, construction, and ownership of a restaurant building. There is one main similarity for comparison purposes. This is the fact that mobile food trucks are accompanied by a commissary kitchen, which involves development, construction, and property ownership requirements similar to those associated with a restaurant. However, various differences between the two types of businesses make it difficult or impossible to fully weigh overhead costs and requirements for purposes of comparing the playing field for competition. For example, the number of food trucks sharing in the costs of a commissary kitchen varies. Also, a mobile food vendor may operate out of a brick-and-mortar restaurant. 2. How will the study address potential competition between existing brick and mortar restaurants and mobile food trucks? Staff response: To some extent, competition for customers will remain between brick and mortar restaurants and mobile food trucks. Food trucks are currently allowed on private property. The recommendations from the study provide additional opportunities for food vendors to operate within the public right-of-way and on select public lots Downtown with limitations. The proposed requirements include a 200 foot separation between existing restaurants and food truck vendors citywide. This requirement will ensure a food truck operator can not vend within a half-block of the front entrance of COPY COPY COPY COPY June 5, 2012 -3- ITEM 28 an existing restaurant. In developing this recommendation, staff looked at precedents in other cities’ requirements. Most of the cities reviewed have a separation distance in the range of 50 – 300 feet. Staff also conducted an on-line survey that tested different separation distances, and specifically asked restaurant businesses to respond to this issue. Most respondents selected no separation requirement. However, staff determined a moderate separation is still warranted to alleviate potential competition of food trucks vending close to restaurants. While the proposed separation requirement will not eliminate competition between food businesses, it will remove immediate impacts of mobile food trucks operating within close proximity and view from front entrances of existing brick and mortar restaurants. DESCRIPTION OF PROPOSED ORDINANCES • Ordinance No. 057, 2012 Ordinance No. 057, 2012 amends the Land Use Code related to outdoor vendor regulations in Articles 3, 4, and 5. Article 3 - General Development Standards This proposed LUC amendment adds a new subsection to the Supplemental Regulations in Section 3.8 that will include outdoor vendor standards. These proposed standards would regulate location of operation, type of use, signage, operation, and compliance with related Municipal Code regulations. Article 4 - Districts For outdoor vendors on private property, the Outdoor Vendors use would be added to the list of permitted uses in all non-neighborhood zoning districts within Article 4 Districts, as an accessory/miscellaneous use. Article 5 - Terms and Definitions A new definition for Outdoor Vendors will be added to Section 5.1.2, Article 5 of the Land Use Code to describe all types of Outdoor Vendors operating in the City. • Ordinance No. 058, 2012 Ordinance No. 058, 2012 amends Article XIV of Chapter 15 of the City Code regarding licensing of outdoor vendors. The key City Code sections to be amended are as follows: • Section 15-381 incorporates new definitions for five outdoor vendor types, and includes a list of activities that are exempt from the outdoor vendor provisions of this section. • Section 15-382 describes license and operating requirements for outdoor vendors. • Section 15-383 combines two existing Code sections for application and license fee requirements. • Section 15-385 includes revised standards for review and approval of outdoor vendor applications. • Section 15-386 includes bond requirements which may be modified or eliminated. • Section 15-387 includes requirements for issuance of an outdoor vendor license. • Section 15-388 includes general and specific requirements that restrict and govern the operation of outdoor vendors. FINANCIAL / ECONOMIC IMPACTS The revenue received in 2011 from outdoor vendor licenses and downtown concession agreements was $3,080. Based on the fact that the license fees will not increase significantly, the estimated revenue moving forward is $4,300 annually. The small increase is attributable to an assumed increase in vendors and the possibility for additional COPY COPY COPY COPY June 5, 2012 -4- ITEM 28 downtown concession locations. The administrative costs are not expected to increase dramatically as licenses will be issued for six months or annually instead of the current monthly licensing process. ENVIRONMENTAL IMPACTS New regulations for outdoor vendors will provide additional options for locating mobile vending in Fort Collins, allowing customers more choice in purchasing food, goods and services, and other products. With outdoor vendors locating closer to where potential customers are, a reduction in travel distance to and from these vending locations is realized, along with a corresponding reduction in vehicle emissions. Food vendors in fixed locations can utilize propane heating systems as an alternative to vehicle engine and generator gas fuel use. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION At its May 17, 2012 meeting, the Planning and Zoning Board voted 7-0 to recommend that City Council adopt Ordinance No. 057, 2012, making various amendments to the City of Fort Collins Land Use Code relating to outdoor vendors. The Council Finance Committee will consider these recommendations at its June 4, 2012 meeting. The minutes will be provided in the Council “Read-Before” packet on June 5, 2012. The Downtown Business Association Board held its monthly meeting on May 9, 2012. A staff presentation on the Outdoor Vendor Study was provided. A draft (unsigned) recommendation memo is included in Attachment 6. The final signed copy will be provided in the Council “Read-Before” packet on June 5, 2012.. PUBLIC OUTREACH As part of the Study, staff met with existing and potential new outdoor vendors, business owners, and other interests to listen and learn about issues and ideas for new provisions relating to outdoor vendors operating in Fort Collins. An on-line survey was administered between April 2 and May 4, 2012 which included 583 respondents (see Attachment 3). Notice of the public survey was distributed to outdoor vendors, the Downtown Business Association, Downtown Development Authority, Chamber Local Legislative Affairs Committee, and North/South Fort Collins Business Associations. Public notice was generated through press release, webpage postings, and local news media. The results of this survey provided important information for staff to assess potential options for outdoor vendor zoning use provisions, operational and other licensing requirements. Staff presented draft recommendations at a public open house meeting on May 9. ATTACHMENTS 1. Powerpoint presentation 2. Planning and Zoning Board minutes, May 17, 2012 3. On-line survey results and open-ended comments 4. Summary of comments from May 9, 2012 public open house meeting 5. Table 1, comparison of outdoor vendor regulations from other Cities 6. Downtown Business Association Board meeting draft recommendation memo, May 9, 2012 7. Downtown Development Board meeting minutes, May 10, 2012 8. Economic Advisory Commission Memo, May 30, 2012 June 25, 2012 ATTACHMENT 2 Outdoor Vendor Study Staff Response to Outdoor Mobile Food Truck Vendor Vehicle Idling Impacts On June 5, during first readings of Ordinances to regulate outdoor vendors, Mayor Pro Tem Kelly Ohlson asked about the impacts from mobile food truck idling and what the City could do about the issue. Staff agreed to provide a response to this request at Second Reading. Pete Wray coordinated with Environmental Services staff to assess options for addressing impacts of food truck idling in the City relating to air quality. Staff initially contacted ten available existing mobile food truck vendors operating in the City to learn about their power needs. Of the ten vendors contacted, nine of these vendors do not idle vehicles during vending operations. These food truck vendors park their vehicle, turn off the engine, and then use alternative power and fuel sources, such as available adjacent building electrical hook-up, batteries, natural gas, and gasoline generators. The one ice cream truck vendor business contacted, currently operating 55 trucks between Castle Rock and Fort Collins, confirmed that vehicles idle to some extent depending on the situation. If a vehicle is part of a special event, or parked to vend to multiple customers, they will typically turn off vehicle. The ice cream freezers do not need the vehicle to run to keep the freezers operating. The owner stated that most drivers typically turn off the truck engine if parked longer than a few minutes to save gas. Examples of existing vendors heating/cooling operations:  Cupcake Cruiser: has no need for power for heating or cooling food and reports that the vehicle is turned off immediately upon stopping to serve customers. Nighttime lighting is provided by battery-powered lights.  Umami: heating and cooling needs powered by a portable gas generator (6500Watt Honda) while serving customers.  Primal Echo: uses a propane tank to run the stove and battery power for the electric water pump and refrigerator.  Taquria: runs a gasoline generator (10,000 Watt Rigid) exclusively while they are parked on North College for their food prep and lighting needs.  Waffle Lab: Uses available electricity from adjacent business hook up. Based on the contacts made with existing vendors, aside from ice cream trucks, most food truck operators do not idle their vehicles during vending. However, the concern of vehicle idling in general is an important issue in the City. Staff is prepared to educate vendors at time of issuance of license about the benefits of not idling vehicles when parked to vend. This voluntary compliance method is consistent with current practices citywide including the “Breathe Easy Campaign.” AIS Attachment No. 2 Page 2 June 25, 2012 The intent of the Campaign is to encourage motorists to turn off engines when not moving for a period of time for locations such as at intersections and train crossings. Since the City does not have an Idling Ordinance presently, staff are not recommending requiring food truck vendors to not idle. A larger discussion is needed to look at all types of vehicle travel throughout the City beyond just food vendors such as grocery delivery, parcel post companies, garbage truck operators, pizza deliveries etc. to determine whether a citywide idling ordinance is warranted.. Emissions Comparisons There are several variables that would impact the air emissions associated with various sources of power, include the load, the type of engine, etc. Estimates of emissions from portable generators vs. vehicle idling indicate that an idling vehicle is likely to emit more pollution than a generator. We anticipate most vendors will not run their equipment off of vehicle engine power for two reasons: running the vehicle engine is less fuel-efficient than using a generator and vehicle manufacturers indicate that extended idling can cause premature engine wear and increase maintenance costs. Vehicle Idling Regulations A review of state and local idling ordinances indicates that the vast majority have exemptions for running auxiliary equipment, which would make them not applicable to the issue of mobile food truck vendor use. Only Salt Lake County, UT, has an ordinance that appears to be applicable to this issue. They limit idling to 15 minutes except when it powers a refrigeration unit that is greater than 500 feet from a residence. This would therefore prohibit idling when in close proximity of residences. This could be applicable to the proposed Neighborhood Food Vendor License. The City of Minneapolis has an anti-idling vehicle Ordinance. The Ordinance restricts idling vehicles to no more than three minutes in a one hour period, with exceptions. This Ordinance may be a good template for the City of Fort Collins to use. Enforcement of such an Ordinance can be a challenge. Vehicle Idling in Fort Collins Fort Collins currently does not have any ordinance that restricts vehicle idling. The City promotes anti-idling to motorists via the “Breathe Easy ” campaign (See http://www.fcgov.com/breatheeasy/ ), that includes signage at railroad tracks, collaborative signage and messaging through Poudre School District, and print, radio, and billboard advertising, and Web and social media information. If directed by Council for air quality staff to pursue a citywide vehicle idling ordinance, a project of this magnitude will need to be included in future Service Area budget and work programs. Air Pollution Nuisance Ordinance Staff assessed how to respond to complaints of excessive air pollution if the situation arises with food truck vendors operating in the City. If needed, the general air pollution nuisance ordinance could potentially be invoked to address complaints. Section 20-1 of the Ordinance is highlighted below: AIS Attachment No. 2 Page 3 June 25, 2012 Sec. 20-1. Air pollution nuisances prohibited. (a) The emission or escape into the open air from any source or sources of smoke, ashes, dust, dirt, grime, acids, fumes, gases, vapors, odors or any other substances or combination of substances in such manner or in such amounts as to endanger or tend to endanger the health, comfort, safety or welfare of the public or to cause unreasonable injury or damage to property or to interfere with the comfortable enjoyment of property or normal conduct of business is hereby found and declared to be a public nuisance. It is unlawful for any person to cause, permit or maintain any such public nuisance within the City. (b) No person shall cause or allow the emission of smoke exceeding twenty-percent opacity from any flue or chimney, except for a single fifteen-minute period for cold start-up. Any emission in excess hereof is hereby declared to be a nuisance and is prohibited. (c) After October 1, 1988, no person shall cause or allow, for the purpose of residential or commercial space heating, the burning of coal in a solid fuel-burning appliance, unless that appliance is designed to burn coal, and unless it is the sole source of heat for the building. No solid fuel-burning appliance shall be considered to be the sole source of heat if the building is equipped with a permanently installed furnace or heating system that is designed to use natural gas, fuel oil, electricity or propane, whether connected or disconnected from its energy source. (d) Except as is provided in Subsection (c) hereof, no person shall cause or allow the burning of any solid fuel in a solid fuel-burning appliance other than clean, dry, untreated wood or wood products, or other solid fuel products specifically manufactured for the purpose of space heating. Staff Recommendation:  Provide information at time of licensing, to encourage mobile food truck vendors to limit idling when serving customers (consistent with the current “Breathe Easy” campaign) in order to reduce impacts of emissions on air quality.  Educate vendors about the fuel-cost and engine-wear penalties of idling a vehicle engine to power vending operations, and to use alternative power and fuel sources (such as electricity, batteries, natural gas, and gasoline generators).  Use the Nuisance hotline to register complaints about mobile food truck vendors to track the volume and nature of complaints.  If needed, the general air pollution nuisance ordinance could potentially be invoked to address complaints (See Section 20-1 above for code language). 1 ORDINANCE NO. 057, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE RELATING TO OUTDOOR VENDORS WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the Council is considering on this same date Ordinance No. 058, 2012, enacting amendments to City Code Chapter 15 to establish new and updated licensing requirements for outdoor vendors in Fort Collins; and WHEREAS, in connection with those amendments, City staff has identified and recommended certain modifications to the Land Use Code in order to establish outdoor vendors as a permitted use in certain zone districts and to set basic development requirements associated with such uses; and WHEREAS, the Planning and Zoning Board has reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and has made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That Section 3.8 of the Land Use Code is hereby amended by the addition of a new subsection 3.8.29 which reads in its entirety as follows: 3.8.29 Outdoor Vendor Regulations (A) Outdoor vendors shall be prohibited on undeveloped lots. (B) Outdoor vendors shall be considered as accessory uses in the zone districts in which they are permitted, provided they are on lots that contain a principal building wherein active operations are being conducted. Outdoor vendors that qualify as accessory uses shall not be subject to change-of-use 2 regulations which would otherwise require the properties on which they are located to be brought into compliance with the standards of this code. (C) Outdoor vendors located on lots wherein active operations in the principal building have ceased shall be considered principal uses and shall be subject to change-of-use regulations requiring that the properties upon which they are located be brought into compliance with the applicable standards of this code. (D) Signage for outdoor vendors shall be limited to signs placed directly onto the vehicle or cart used in connection with the business. (E) Outdoor vendors shall comply with all outdoor vendor regulations and standards contained in Chapter 15 of the Municipal Code of the City of Fort Collins. (F) An outdoor vendor shall be situated on a lot in such a manner that no aspect of its operation shall impede vehicular, pedestrian, or bicycle circulation. Section 2. That the table contained in Section 4.16(B)(2)(E) of the Land Use Code is hereby amended to read as follows: E. ACCESSORY C MISC. Old City Center Canyon Avenue Civic Center Accessory buildings BDR BDR BDR Accessory uses BDR BDR BDR Outdoor Vendor BDR BDR BDR . . . Section 3. That Section 4.17(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. 3 Section 4. That Section 4.18(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 5. That Section 4.19(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 6. That Section 4.20(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 7. That the table contained in Section 4.21(B)(2)(E) of the Land Use Code is hereby amended to read as follows: E. ACCESSORY B MISC. I-25/SH 392 (CAC) General Commercial District (C-G) Wireless telecommunication equipment (not freestanding monopoles) Type 2 Type 1 Wireless telecommunication facilities Not permitted Type 1 Satellite dish antennas greater than 39" in diameter Not permitted Type 1 Accessory buildings BDR BDR Accessory uses BDR BDR Outdoor vendor BDR BDR Section 8. That Section 4.22(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. 4 Section 9. That Section 4.23(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 10. That the table contained in Section 4.24(B)(2)(E) of the Land Use Code is hereby amended to read as follows: E. ACCESSORY B MISC. Riverside Area All Other Areas Wireless telecommunication equipment Type 1 Type 1 Wireless telecommunication facilities Type 1 Type 1 Satellite dish antennas greater than thirty-nine (30) inches in diameter BDR BDR Outdoor vendor BDR BDR Section 11. That Section 4.26(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 12. That Section 4.27(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 13. That Section 4.28(B)(1)(a) of the Land Use Code is hereby amended by the addition of a new subparagraph 3 which reads in its entirety as follows: 3. Outdoor vendor. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition AOutdoor vendor@ which reads in its entirety as follows: 5 Outdoor vendor shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise including, but not limited to, food or beverage, from any outdoor location, except for those activities excluded from the definition of Outdoor vendor in §15-381 of the City Code. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 058, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE XIV OF CHAPTER 15 OF THE CITY CODE REGARDING LICENSING OF OUTDOOR VENDORS WHEREAS, the City currently licenses outdoor vendors, pursuant to the provisions of Article XIV of Chapter 15 of the City Code, but limits their operation to private property only; and WHEREAS, interest in the community in allowing outdoor vendors as a mode of delivery of foods and other goods and services has grown, in keeping with a similar national trend; and WHEREAS, City staff has conducted a general review of the treatment of outdoor vendors in the City’s codes and regulations, and as a result City staff has identified and recommended certain modifications to Article XIV of Chapter 15 of the City Code to update and expand the licensing of outdoor vendors in Fort Collins and to establish related requirements; and WHEREAS, the City Council is considering on this same date Ordinance No. 057, 2012, enacting amendments to the Land Use Code in order to establish outdoor vendors as a permitted use in certain zone districts and to set basic development requirements associated with such uses; and WHEREAS, in view of the foregoing, the Council desires to amend Article XIV of Chapter 15 of the City Code as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 15-381 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-381. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Block face shall mean the portion of a street between two (2) intersections, including all on-street parking within such boundaries. Commissary shall mean a commissary that is approved as such under the laws and regulations of the State of Colorado and Larimer County that govern retail food establishments. Commissary-prepared shall mean prepared, cooked and assembled in a commissary, without further preparation, cooking or assembly after leaving said commissary. Food shall mean a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. Licensee shall mean a person who has been issued a license under the provisions of this Article. Mobile food truck shall mean a motorized wheeled vehicle, or towed wheeled vehicle designed and equipped to serve food. Mobile food truck shall include both “hot trucks” upon which food is cooked and prepared for vending, and “cold trucks” from which only commissary-prepared, ready-to-eat or packaged foods in individual servings are handled. Mobile food truck vendor shall mean an outdoor vendor who operates from a mobile food truck. Neighborhood zone district shall mean one of the following zone districts, as established in Article 4 of the Land Use Code: Rural Lands (R-U-L); Urban Estate (U-E); Residential Foothills (R-F); Low Density Residential (R-L); Low Density Mixed-Use Neighborhood (L-M-N); Medium Density Mixed-Use Neighborhood (M- M-N); Neighborhood Conservation, Low Density (N-C-L); Neighborhood Conservation, Medium Density (N-C-M); Neighborhood Conservation, Buffer (N-C- B); and High Density Mixed-Use Neighborhood (H-M-N). Neighborhood mobile food vendor shall mean an outdoor vendor operating in locations on streets that are in neighborhood zone districts from a mobile food truck or pushcart licensed for use in the retail sale or service of only commissary-prepared, ready-to-eat or packaged food in individual servings. Neighborhood mobile food vendor shall not include a vendor operating from a mobile food truck or pushcart on which food is cooked. Non-neighborhood zone district shall mean any zone district, as established in Article 4 of the Land Use Code, that is not a neighborhood zone district. Old Town Plaza shall mean the outdoor plaza area owned and managed by the Downtown Development Authority within the area bounded on the south by the northern edge of the Mountain Avenue right-of-way; on the west by the eastern edge of the College Avenue right-of-way; on the north and northeast by the southern and southwestern edge of the Walnut Street right-of-way; and on the east by the most westerly point at which the Walnut Street and Mountain Avenue rights-of-way intersect. Outdoor vendor shall mean any person, whether as owner, agent, consignee or employee, who sells or attempts to sell, or who offers to the public free of charge, any services, goods, wares or merchandise including, but not limited to, food or beverage, from any outdoor location, except that outdoor vendor shall not include a person who: -2- (1) Vends from private premises where the same or similar services or goods are also offered on a regular basis from an indoor location on such premises; (2) Vends from a public sidewalk pursuant to a City encroachment permit if the person vending also vends the same or similar services or goods on a regular basis from an indoor location on premises immediately adjacent to such location; (3) Vends directly and exclusively to manufacturers, wholesalers or retailers for the purpose of resale; (4) Vends by or on behalf of the City , or at an outdoor event sponsored by the City; (5) Vends from property owned by the City, if such vending is pursuant to a concession agreement or other agreement with the City or is pursuant to a facility-specific permit issued for operation at said facility by the City department authorized to issue such permits, such as a permit to operate in a park or recreation area or on a trail pursuant to § 23-203(d); (6) Vends from a public sidewalk within the Downtown Zone District, as defined and established in the Land Use Code, pursuant to a concession agreement with the City; (7) Vends from and within Old Town Plaza under a written license or other agreement with the Downtown Development Authority; (8) Vends at a yard sale ; provided, however, that this exception shall not apply to a person who has vended at five (5) or more previous yard sales within the preceding twelve (12) months; (9) Vends as part of an auction conducted pursuant to a license issued by the City under Division 2, Article IV of this Chapter; (10) Vends outdoor transportation services as a public utility under a certificate of public convenience and necessity issued by the Colorado Public Utilities Commission; and (11) Vends food or catering services at an individual private residence for a private event. Outdoor vendor of miscellaneous goods and services shall mean an outdoor vendor who offers miscellaneous goods or services to the public on private property. Outdoor vendor of miscellaneous goods and services shall include, but not be limited to, Christmas tree lots, pumpkin patches, and other temporary outdoor holiday sales; -3- vehicle windshield chip repair; temporary car wash events; and temporary non-profit fundraising sales. Outdoor vendor of transportation services shall mean an outdoor vendor (not regulated by the Colorado Public Utilities Commission) who offers transportation services to the public. Outdoor vendor of transportation services shall include, but not be limited to, vendors of valet parking services; transportation services by pedal power such as pedi-cab or conference bicycle services; horse-drawn carriage rides, or other means of transportation service offered for hire. Packaged shall mean bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. Packaged shall not include a product in a wrapper, carry-out box, or other nondurable container used to protect food during the service and receipt of the food by the consumer. Private shall mean any location that is not a public right-of-way, or public street, alley or sidewalk. Pushcart shall mean a mobile vending cart, pushcart, or trailer, that is not motorized or attached to a vehicle for towing, and that does not exceed ten (10) feet in length (excluding the length of the trailer hitch, if any), four (4) feet in width, or eight (8) feet in height. A pushcart may be used to cook and prepare food for vending, or to serve commissary prepared, ready-to-eat or packaged food in individual servings. Pushcart vendor shall mean an outdoor vendor operating from a pushcart. Ready-to-eat food shall mean food that is edible and that is in the form in which it is reasonably expected to be consumed without further washing, cooking, or additional preparation. Restaurant shall mean any drive-in restaurant, drive-thru restaurant, fast food restaurant, limited mixed-use restaurant, or standard restaurant, as the same are defined in Article 5 of the Land Use Code. Special vending license shall mean a temporary outdoor vendor license issued pursuant to § 15-382(c) for outdoor vending at an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special events permit under Chapter 23.5. Vend or Vending shall mean the sale, attempt to sell, or offering to the public of any services, goods, wares or merchandise. Yard sale shall mean the offering of goods for sale for no longer than a period of three (3) consecutive days, from an informal stand or display on an individual residential lot in a residential zone district by or on behalf of the owner or resident of the lot, provided that such owner or resident is not in the business of selling at -4- retail or wholesale the goods offered at the yard sale. Yard sale shall include, but not be limited to, yard sales, garage sales, lemonade stands, and bake sales. Section 2. That Section 15-382 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-382. License required. (a) It shall be unlawful for any outdoor vendor to engage in such business within the City without first obtaining a license in compliance with the provisions of this Article. (b) Any person who arranges for or allows one or more outdoor vendors to operate at a special event held pursuant to a license issued under Chapter 23.5 obtain must obtain an outdoor vendor license under this Article. Upon the issuance of such license, the outdoor vendors vending at such special event shall be relieved of the obligation to obtain individual licenses under this Article in order to operate as part of said special event. Notwithstanding the provisions of § 15-386 and § 15-387, the requirements applicable to outdoor vendors operating as part of a special event held under a license issued pursuant to Chapter 23.5 shall be determined by the Financial Officer on a case-by-case basis, taking into consideration the location, nature and scope of the special event, and any related circumstances. (c) The Financial Officer may issue a special vending license to a person responsible for an occasional, temporary event located solely on a single private lot when the event does not require the issuance of a special events permit under Chapter 23.5. Notwithstanding the provisions of § 15-386 and § 15-387, the requirements applicable to outdoor vendors operating as part of a special vending license event shall be determined by the Financial Officer on a case-by-case basis, taking into consideration the location, nature and scope of the special vending event, and any related circumstances. Any application for a special vending license shall meet all of the requirements for an outdoor vendor license, and be reviewed in the same manner, as set forth in this Article. Upon the issuance of such special vending license, aAn outdoor vendor operating within the terms of and as part of a special vending license shall not be required to obtain a separate outdoor vendor license for that operation.; provided, however, that aAny such special vending license shall be subject to the following restrictions and limitations: (1) No more than four (4) such licenses shall be issued for a specified property during any calendar year; (2) No more than four (4) outdoor vendors of any single vendor type may participate as part of a licensed event; (3) No more than a total of (8) outdoor vendors may participate as part of a licensed event; -5- (4) The number and type of outdoor vendors to be allowed as part of a licensed event shall be determined by the Financial Officer based on the specific circumstances of the proposed event, including, but not limited to the location of the event, the size of the lot where the event is held, the types of surrounding land uses and their proximity to the event, and any other potential impacts on public health, safety and welfare that the proposed event may have. (e) The application fee to be paid to the City for the issuance, modification, or renewal of any license pursuant to this Article shall be set by the City Manager pursuant to his or her authority to establish administrative fees in Chapter 7.5. Section 3. That Section 15-383 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-383. Application for license; license modifications. (a) An application for a license under this Article shall be submitted to the Financial Officer no less than five (5) working days prior to the first day of proposed operation. (b) A license may be issued under this Article for a period of either six (6) months or twelve (12) months, except that a special vending license as described in § 15-382(c) may be issued for a specified period not to exceed three (3) days. (c) A request for a modification of a license to add new vehicles, operations, locations or to modify other license restrictions or conditions, as applicable, shall be submitted to the Financial Officer and shall meet all of the requirements, and be reviewed in the same manner as, an application for a license hereunder. The term of a license may not be modified to extend beyond the originally applicable six (6) or twelve (12) month period. Section 4. That Section 15-384 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-384. Contents of application. (a) The application shall contain the following information: (1) Name, address and telephone number of the applicant and, if other than the applicant, name, address and telephone number of the person managing or supervising the applicant's business during the proposed period of operation; and, if a corporation, the state under which it is incorporated, and appropriate evidence of good standing to do business in the state of Colorado; -6- (2) Type of operation to be conducted, including the particular type of service, goods, wares or merchandise to be sold; (3) A description of the design of any vehicle, pushcart, kiosk, table, chair, stand, box, container or other structure or display device to be used in the operation by the applicant, including the size and color, together with any logo, printing or sign which will be utilized by the applicant, and the license plate and registration information for any vehicle to be used; (4) The proposed period of operation, if less than the entire six (6) or twelve (12) month license period; (5) The proposed hours and days of operation; (6) Each location on private property for which the application is made; (7) Written consent of the property owner if the location for which the application is made is on private property; (8) Proof of liability insurance as required by Subsection 15-387(c); (9) A plan of any location on private property for which the application is made, showing the location of all existing and proposed structures, access, equipment and parking; (10) Documentation of a sales and use tax license in good standing issued by the Colorado Department of Revenue, Larimer County, and the City; and (11) For the vending of food, documentation of regulatory approval as a retail food establishment by Larimer County. (b) The Financial Officer may request and require such additional information as he or she deems necessary in order to consider the application and make the required determinations as set forth in this Article. The time frame for review of any application shall be suspended during the pendency of any such request for additional information. Section 5. That Section 15-385 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-385. Review and approval. (a) Applications shall be considered individually and in chronological order as established by the date of receipt of a properly completed application. However, no application will be accepted for review more than sixty (60) days prior to the proposed period of operation. Within five (5) working days of the filing of an -7- application under § 15-384, the Financial Officer shall review such application and shall make a determination as to whether the application contains the required information and, if so, whether the issuance of a license is consistent with the requirements of this Article and compatible with the public interest. In making such determination, the Financial Officer shall consider the following factors and may consider other factors the Financial Officer considers necessary to protect the health, safety and welfare of the public: (1) The degree of congestion of any public right-of-way that may result from the proposed use and the design and location of any operating locations on private property, including the probable impact of the proposed use on the safe flow of vehicular and pedestrian traffic. Factors to be considered shall include, but not be limited to, the width of streets and sidewalks, the volume of traffic, and the availability of off-street parking; (2) The proximity, size, design and location of existing street fixtures and furniture at or near the specified locations, including, but not limited to, sign posts, lampposts, bus stops, benches, telephone booths, planters and newspaper vending devices; (3) The probable impact of the proposed use on the maintenance, care and security of the specified locations; and (4) The recommendations of the Policy, Planning and Transportation Services Director and the Community and Operations Services, insofar as the specified locations may affect the operation of those service areas, based upon the factors recited herein; and (5) The level and types of outdoor vendor activity already licensed for the specific locations proposed in the application, and the impacts that the issuance of a license may have on surrounding properties. (b) The Financial Officer shall also obtain the determination of the Zoning Administrator as to whether the proposed use conforms to the requirements of the Land Use Code as applied to any specified location. If the Zoning Administrator determines the proposed use is not in compliance with the requirements of the Land Use Code, the application shall not be approved. (c) If the Financial Officer determines that the issuance of a requested outdoor vendor license would be consistent with the requirements of this Article, with or without additional conditions, the Financial Officer shall issue the license, subject to any such conditions. If the Financial Officer determines that the issuance of an outdoor vendor license would not be consistent with the requirements of this Article, the Financial Officer shall notify the applicant of his or her determination in writing, with an explanation of the reasons for such denial. -8- Section 6. That Section 15-386 of the Code of the City of Fort Collins is hereby deleted in its entirety. Section 7. That Section 15-387 of the Code of the City of Fort Collins is hereby renumbered to be Section 15-386, and amended to read in its entirety as follows: Sec. 15-386. Requirements for issuance. (a) Each license shall be valid for only for the specific location or locations described on the face of the license. (b) In addition to the licensee's name, address and telephone number, the license shall contain the following: (1) The type of operation; (2) The period of time for which the license was issued; (3) The hours and days of operation; (4) The designated location or locations, including specified types of public rights-of-way, as applicable; (5) A brief description of any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device to be utilized by the licensee; (6) Any special terms and conditions of issuance; (7) A statement that the license is personal and is not transferable in any manner; (8) A statement that the license is valid only when used at the location or locations designated on the license; (9) A statement that the license is subject to the provisions of this Article. Section 8. That Section 15-388 of the Code of the City of Fort Collins is hereby renumbered to be Section 15-387, and amended to read in its entirety as follows: Sec. 15-387. Restrictions and operation. (a) No licensee may use, for the purpose of on-site storage, display or sale, any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device not described on the face of the license. (b) No such vehicle, structure or device referred to in (a) above shall be located: (1) In any on-street parking space that is not parallel to the adjacent street; (2) In any public parking space in a manner that does not comply with applicable parking regulations or a properly issued parking permit for the use of said parking space; (3) Upon a public sidewalk within the extended boundaries of a crosswalk; -9- (4) Within ten (10) feet of the extension of any building entranceway, doorway or driveway; (5) Upon a public sidewalk within the Downtown Zone District, as defined and established in Article 4 of the Land Use Code (except as a concessionaire of the City); (6) Upon a public right-of-way, or public street, alley or sidewalk within a City park or other City facility (except as a concessionaire or pursuant to a permit issued for operation in a park or recreation area or on a trail pursuant to § 23- 203(d), or for operation at another City facility pursuant to facility-specific permit issued by the City); or (7) In any location in which the vehicle, structure or device may impede or interfere with or visually obstruct: a. the safe movement of vehicular and pedestrian traffic; b. parking lot circulation; or c. access to any public street, alley or sidewalk. (c) No licensee shall operate during the hours of 3:00 a.m. to 7 a.m.; (d) Each licensee who during the course of its licensed activities operates within or enters upon a public right-of-way or publicly owned property shall maintain liability insurance in an amount to be determined by the Financial Officer according to administrative regulation with proof of the same to be presented at the time of submission of the application. Any licensee who fails to provide proof of such insurance shall be prohibited from operating within or entering upon such property. (e) Each licensee shall pick up and dispose of any paper, cardboard, wood or plastic container, wrappers or any litter which is deposited within twenty-five (25) feet of the designated location or within twenty-five (25) feet of the point of any sale or transaction made by the licensee if the radius of the designated location exceeds twenty-five (25) feet. The licensee shall carry a suitable container for the placement of such litter by customers or other persons. (f) Each licensee shall maintain in safe condition any vehicle, structure or device as described in (a) above, so as not to create an unreasonable risk of harm to the person or property of others, and shall use flashing lights and other similar warning and safety indicators when stopped to vend services in any location in street right-of- way. (g) No licensee shall leave unattended any vehicle, structure or device as described in (a) above, on a public right-of-way or at any licensed location, or place -10- on public sidewalks or in public streets or alleys any structures, canopies, tables, chairs or other furniture or equipment. (h) Each licensee shall prominently display the license issued hereunder in a location readily visible to the public on each vehicle, structure or device as described in (a) above. (i) Each licensee operating in an on-street location must serve the public only from the sidewalk and not from the street or adjacent parking spaces. (j) Each licensee shall comply with the provisions of all applicable ordinances of the City as well as the requirements of all state and federal laws, including, but not limited to, City noise restrictions, sign regulations, limitations on discharge of liquid waste, sales and use tax requirements, and food safety and other related requirements established by state or county regulation. (k) No more than one (1) outdoor vendor of any specified type may be licensed to operate on any lot, tract or parcel of land, except that this limitation shall not apply to special vending licenses and licenses for special events as described in § 15-382. (l) Each licensee shall have an affirmative and independent duty to determine the safety and suitability of any particular stopping point or location of operation, both in general and at any particular time, and to operate in a manner reasonably calculated to avoid and prevent harm to others in the vicinity of the licensee’s operations, including but not limited to potential and actual customers, pedestrians, and other vendors or vehicles. (m) The following additional requirements shall apply to particular types of outdoor vendor licensees, as specified: (1) Mobile food truck vendors shall: a. Vend only on lots in non-neighborhood zone districts or on streets in locations in non-neighborhood zone districts where parallel parking is allowed; b. Not stop to vend within two hundred (200) feet of the front entrance of any restaurant when such restaurant is open to the public, except as provided in subsection (6) below, or within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade; c. Vend only food and non-alcoholic beverages; and d. Permanently affix or paint any signage on the mobile food truck, with no signs/banners in or alongside street right-of-way or across roadways. -11- (2) Pushcart vendors shall: a. Vend only on lots in non-neighborhood zone districts or on streets in locations in non-neighborhood zone districts where parallel parking is allowed; b. Not stop to vend within two hundred (200) feet of the front entrance of any restaurant when such restaurant is open to the public, except as provided in subsection (6) below, or within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade; c. Vend only food and non-alcoholic beverages; and d. Stop to vend only in locations that are no more than twelve (12) inches from a curb or edge of travel lane. (3) Neighborhood mobile food vendors shall: a. Vend only on streets in locations in neighborhood zone districts where parallel parking is allowed; b. Not stop to vend within two hundred (200) feet of the property boundary of any public or private school for students within the grade range of kindergarten through twelfth (12th) grade; c. Vend only during the hours of 10:00 a.m to 8:00 p.m.; d. Vend only food and non-alcoholic beverages; e. Stop to vend only in locations that are no more than twelve (12) inches from a curb or edge of travel lane; and f. Not stop to vend for more than fifteen (15) minutes in any particular cul-de-sac, or on any particular block face. (4) Outdoor vendors of miscellaneous goods and services shall operate only on lots in non-residential zone districts. (5) Outdoor vendors of transportation services shall: a. Operate in accordance with all vehicular traffic laws and regulations, including, but not limited to, equipment requirements such as front and back lights and side reflectors; b. Limit stopping and standing in street rights-of-way or alleys so as to avoid delay or obstruction of traffic; c. Stop to vend services only in locations that are no more than twelve (12) inches from a curb or edge of travel lane; and d. Operate so as to avoid obstruction of pedestrian traffic and not on sidewalks. -12- (6) A mobile food truck vendor or pushcart vendor shall be allowed to vend within two hundred (200) feet of the front entrance of a restaurant, if the following conditions are met: a. Only one (1) restaurant is located within the two hundred (200) feet radius; b. The vendor vends only in the parking area on the lot of said restaurant with the written permission of said restaurant; and c. The vendor otherwise meets all requirements and restrictions of this Article. Section 9. That Section 15-389 of the Code of the City of Fort Collins is hereby renumbered to be Section 15-388, and amended to read in its entirety as follows: Sec. 15-388. Renewal. Renewal of a license shall be treated as a new application under the provisions of this Article. Any violation by the licensee of the provisions of this Article shall be an additional factor to be considered in the review and approval procedure described in § 15-385. Section 10. That Section 15-390 of the Code of the City of Fort Collins is hereby renumbered to become Section 15-389. Section 11. That Section 15-391 of the Code of the City of Fort Collins is hereby renumbered to be Section 15-390, and amended to read in its entirety as follows: Sec. 15-390. Restrictions due to changed conditions. The Financial Officer may suspend the vending operation of any licensee or all licensees at any designated location , if he or she determines that the licensed activity in that location will no longer meet the requirements of this Article due to construction activity or other changed conditions affecting public health, safety or welfare. In such event, the Financial Officer shall provide written notice to the affected licensee or licensees, and the authorization to operate in such location shall not be reinstated until such time, if at all, as the licensed operations may be safely resumed in the judgment of the City Engineer. Any such suspension shall not extend the term of the affected license or licenses. Section 12. That a new Section 15-391 of the Code of the City of Fort Collins is hereby added and reads in its entirety as follows: Sec. 15-391. Revocation or nonrenewal. The Financial Officer may temporarily suspend, or permanently revoke and shall not renew any license issued pursuant to this Article if the Financial Officer determines that any of the following have occurred: -13- (1) Fraud, or material misrepresentation or false statement in the application for the license or any renewal application; (2) Failure to obtain a sales and use tax license as required by the City or to remit any sales tax due the City; (3) Failure to operate, or supervise operations conducted under the license, so as to reasonably ensure that such operation is in compliance with the terms of the license and with the provisions of this Article; or (4) Authorizing, condoning or knowingly tolerating any unlawful vending operations or any operation conducted in such a manner as to constitute a menace to the health, safety or general welfare of the public. Section 12. That Section 15-392 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 15-392. Violations and penalties. In addition to the suspension, revocation or denial of any license issued hereunder, any person who violates the provisions of this Article may be punished by a fine or imprisonment or both, in accordance with § 1-15. Section 13. That a new Section 15-394 of the Code of the City of Fort Collins is hereby added to read in its entirety as follows: Sec. 15-394. Appeal. An applicant or license may appeal any decision relating to his or her application or license by the Financial Officer to the City Manager in accordance with Chapter 2, Article VI of the City Code. The City Manager’s decision shall be final. -14- Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -15-