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HomeMy WebLinkAbout182 - 11/18/1986 - REPEALING AND AMENDING CITY CODE PERTAINING TO TEMPORARY VENDORS ORDINANCE NO. 182, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND AMENDING CERTAIN SECTIONS OF CHAPTERS 73 AND 95 AND REPEALING AND REENACTING ARTICLE XXI OF CHAPTER 73 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO TEMPORARY VENDORS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Sections 73-13, 73-14, 73-21, 73-29, 73-35 and Article XIII of Chapter 95 are hereby repealed in their entirety. Section 2. That the title of Article VI of Chapter 73 is amended from "Auctions, Hawking and Peddling" to "Auctions and Solicitations" . Section 3. That Article XXI of Chapter 73 is hereby repealed in its entirety and reenacted as follows: ARTICLE XXI TEMPORARY VENDORS §73-154. License required; fee. It shall be unlawful for any temporary vendor to engage in such business upon any private or public property within the City without first obtaining a license therefor in compliance with the provisions of this Article. The fee to be paid to the City for the issuance or renewal of such license shall be as provided in Section 73-156 below. §73-155. Temporary vendor defined; exemptions. A. As used in this Article, the term "Temporary Vendor" shall mean any person, firm or corporation, whether as owner, agent, consignee or employee, who sells or attempts to sell services, goods, wares or merchandise, including food or beverage, from any outdoor location and, who in furtherance of such purpose: (1) sells or attempts to sell directly to passersby within any public right-of-way, or (2) hires, leases, uses or occupies any vehicle, pushcart, kiosk, table, box, container, or other readily movable structure or display device. B. The following shall be excluded from the definition of temporary vendor and shall be exempt from the provisions of this Article: (1) Persons selling upon private premises owned or regularly occupied by such persons or their employers, or upon a public sidewalk immediately adjacent to such premises. (2) Persons selling directly and exclusively to manufacturers, wholesalers or retailers for the purpose of resale. C. Individual participants selling at any bazaar, street fair, exhibition, or show shall be required to obtain individual licenses under this Article, unless a designated person or organization sponsoring any such event obtains a license therefor and agrees in writing to be responsible for monitoring the compliance of individual participants with the provisions of Section 73-160. §73-156. Application for license. A. An application for a license under this Article shall be submitted to the Director of Finance of the City no less than five (5) working days prior to the first day of proposed operation. The application shall be accompanied by a non-refundable application fee which shall be in the amount of ten dollars ($10.) for charitable organizations, as defined in Chapter 104 of the Code of the City of Fort Collins, and twenty-five dollars ($25. ) for all other organizations. Payment of such fee shall entitle the licensee, upon approval of the license, to a period of operation not to exceed ninety (90) days. In the event that the proposed period of operation exceeds ninety (90) days, the licensee shall pay, at the time of issuance of the license, an additional amount equal to the application fee for each additional quarter year of operation. No license shall be issued for a total period of more than one (1) calendar year. Such 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, firm or corporation managing or supervising the applicant's business during the proposed period of operation; and, if a corporation, the state under which the same is incorporated; (2) Type of operation to be conducted, including the particular type of service, goods, wares or merchandise to be sold; -2- (3) A description of the design of any vehicle, cart, kiosk, table, chair, stand, box, container or other structure or display device to be used in the operation of the applicant, including the size and color thereof, together with any logo, printing or sign which will be utilized by the applicant; (4) The proposed period of operation; (5) The proposed hours and days of operation; (6) The location 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 Section 73-160C of this Article. §73-157. Review and approval . Within five (5) working days of the filing of an application under Section 73-156, the Director of Finance 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 compatible with the public interest. In making such determination, the Director of Finance shall consider the recommendations of the Director of Engineering Services and the Director of Parks and Recreation, insofar as the proposed location may affect the operations of said departments, based upon the factors recited below. If the proposed location is on privately owned property, the applicant must have obtained written consent of the property owner; evidence of such consent must be presented with the application. If the Director of Finance disapproves the application, no license shall be issued. In making such determination the following factors shall be considered: (1) The degree of congestion of any public right-of-way which may result from the proposed use, design and location, including the probable impact of the proposed use on the flow of vehicular and pedestrian traffic. Factors 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 proposed location, 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 proposed location. -3- §73-158. Bond required. Upon approval of an application for a license but prior to the issuance of the same, the applicant shall file with the Director of Finance of the City a bond issued by a surety authorized to do business in the State of Colorado or other equivalent security approved by the Director of Finance, running to the City of Fort Collins in the sum of two hundred and fifty dollars ($250. ) , conditioned upon the applicant's compliance with the provisions of all ordinances of the City, including but not limited to any ordinances pertaining to the collection and remittance of retail sales taxes. This bonding provision shall not apply to the following: (1) Applicants owning real property within the City who agree in writing to subject such property to the lien provisions of Chapter 104 of the City Code pertaining to unpaid sales taxes; (2) Applicants previously licensed under the provisions of this Article, or licensed prior to November 28, 1986 under the provisions of Chapters 73 or 95 of this Code, provided that such applicants have complied with the requirements of all relevant City ordinances during such previous license period. §73-159. Requirements for issuance. A license issued under this Article shall be subject to the following requirements: A. Each license shall be valid for not more than one location, a description of which shall appear 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; (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 only and is not transferable in any manner; -4- (8) A statement that the license is valid only when used at the location designated on the license; (9) A statement that the license is subject to the provisions of this Article. §73-160. 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. Except as otherwise specifically authorized by law, no such vehicle, structure or device referred to in Subparagraph A shall be located: (1) Within any portion of a street, alley, roadway or highway designed or ordinarily used for vehicular traffic, except for the purpose of transporting the licensee's goods, wares or merchandise to, from or within the designated location; (2) Upon a public sidewalk within the extended boundaries of a crosswalk; (3) Within ten feet (10' ) of the extension of any building entranceway, doorway or driveway; (4) In any location so as to impede or interfere with or visually obstruct the safe movement of vehicular and pedestrian traffic. C. All licensees who, during the course of their licensed activities, operate within or enter upon a public right-of-way or publicly-owned property shall maintain liability insurance in an amount to be determined by the Director of finance, 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. D. The licensee shall pick up and dispose of any paper, cardboard, wood or plastic container, wrappers or any litter which is deposited within twenty-five feet (25' ) of the designated location or within twenty-five feet (25' ) of the point of any sale or transaction made by the licensee if the radius of the designated location exceeds twenty-five feet (25' ) ; and the licensee shall carry a suitable container for the placement of such litter by customers or other persons. -5- E. Each licensee shall maintain in safe condition any vehicle, structure or device as described in Subparagraph A, so as not to create an unreasonable risk of harm to the person or property of others; F. The licensee shall not leave unattended any such vehicle, structure or device on a public right-of-way or at the designated location. G. The licensee shall comply with the provisions of all applicable ordinances of the City, as well as the requirements of all state and federal laws. §73-161 . Renewal . Renewal of a license shall be treated as a new application under the provisions of this Article; provided, however, that any violation by the licensee of the provisions of Section 73-160 shall be an additional factor to be considered in the review and approval procedure described in Section 73-157. §73-162. Transfer of license or location. In the event the licensee requests the transfer of a license to a new licensee or to a new location, such request shall be treated as a new application. §73-163. Suspension. In the event that the operation of the licensee at any designated location becomes unsafe due to construction activity or other temporary condition, the license to operate at such location shall be temporarily suspended by the Director of Finance upon written notice to the licensee and shall not be reinstated until such time, if at all , as the operation thereof may be safely resumed in the judgment of the Director of Engineering Services. Any such suspension shall not extend the term of the license. §73-164. Violations and penalties. In addition to the cancellation 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 Section 1-23 of this Code. Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 1986, and to be presented for final passage on the 18th day of November, A.D. 986. - 4&jpll� May -6- ATTEST: I City Clerk 1986. Passed and adopted on final reading this 18th day of November, A.D. Mayor ATTEST: City Clerk -7-