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~ 1 } Sidewalk Commerce . <br />~a} In assigning a vending location, the city shall consider <br />the following: <br />1. Any license operating area requested by the <br />applicant; <br />2. The licensed activities of any other sidewalk <br />commerce enterprise in the same license operating area; <br />3. Other si dewal k uses i n the 1 i cense operating area; <br />4, The public health and safety, including the <br />possibility of restricted visibility for persons using the <br />public way; <br />5. Compat i bi 1 i ty of the request with rules adapted <br />under this chapter. <br />fib} A vendi ng 1 ocati on may be assigned upon compliance with <br />section 3.338 of this code. <br />~c} If the city manager finds that a sidewalk within a <br />license operating area i s being fully uti 1 i zed for its primary <br />purpose of pedestrian traffic, or that the issuance of a s i dewal k <br />commerce license will have an adverse impact on the primary use of <br />the s i dewal k because of existing 1 evel s of pedestrian use, the city <br />manager may restrict or prohibit the issuance of sidewalk commerce <br />licenses for a speci f i ed license operating area. <br />~d} At no time shall the city issue more than six sidewalk <br />commerce 1 icenses fora 1 icense operating area. <br />~ 2 } Street Vendor. <br />~a} A street vendor shall: <br />~. Sell, offer for sale, or distribute only the items <br />indicated on the 1 icense issued; <br />2. Conduct business only from a veh i cl e 1 egal ly <br />parked alongside the curb; <br />3 . Comply with al 1 app] i cabl a federal , state and <br />1 ocal 1 aws and regulations. <br />fib} A street vendor shall not: <br />1. Conduct business i n such a way as to restrict ar <br />interfere with the enjoyment or use of property by nearby <br />property owners or occupants; <br />2. Increase traffic congestion or delay; <br />3. Create a hazard to life or property; <br />4, Stop on the traveled portion of any street or in <br />any bicycle 1 one; <br />5. Stop in one location for more than five minutes <br />within the same hour wh i 1 e conducting business . <br />~3} Cutdoor Cafes. <br />~a} The city manager or the manager's designee, may issue <br />a permit for an outdoor cafe allowing the service of food or <br />beverages wi th i n a publ i c right of way provided the following <br />cond~t~ons are met: <br />1. The permit applicant assumes all risks associated <br />with the use of the right of way; <br />2. The permit applicant lawfully operates a <br />restaurant adjacent to the right of way for which the <br />applicant seeks a permit; <br />Ordinance - 6 <br />