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1. Sell, offer for sale, or distribute only the items approved by <br /> the city; <br /> 2. Conduct business only from a vehicle legally parked <br /> alongside the curb; <br /> 3. Comply with all applicable federal, state and local laws and <br /> regulations. <br /> (b) A street vendor shall not: <br /> 1. Conduct business in such a way as to restrict or interfere <br /> with the enjoyment or use of property by nearby property <br /> 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 any bicycle <br /> lane; <br /> 5. Stop in one location for more than [f~e] fifteen minutes <br /> within the same hour while conducting business. <br /> (3) Outdoor Cafes. <br /> (a) The city manager or the manager's designee, may issue a permit <br /> for an outdoor cafe allowing the service of food or beverages <br /> within a public right of way provided the following conditions are <br /> met: <br /> 1. The permit applicant assumes all risks associated with the <br /> use of the right of way; <br /> 2. The permit applicant lawfully operates a restaurant adjacent <br /> to the right of way for which the applicant seeks a permit; <br /> 3. The owner of the restaurant property consents to issuance of <br /> the permit; <br /> 4. The permit applicant demonstrates that the use of the right <br /> of way will not interfere with existing utilities, pedestrian use <br /> of the right of way nor pose a hazard to vehicular traffic; <br /> 5. The permit applicant obtains all other necessary state and <br /> local permits; <br /> 6. If the applicant seeks to use the right of way in front of <br /> properties contiguous to the restaurant, the applicant <br /> demonstrates that a restaurant is a permitted use for the <br /> contiguous property and the owner of the contiguous <br /> property consents to the issuance of the permit; <br /> 7. The permit applicant demonstrates that the use of the right <br /> of way will comply with all ordinances and codes of the city <br /> including but not limited to the structural safety, sanitation <br /> and fire codes; <br /> 8. The permit applicant demonstrates that seating in the right of <br /> way will be provided for no more than 20 persons or, if <br /> seating is provided for a greater number that off-street <br /> parking as required by chapter 9 of this code is provided in a <br /> <br />Ordinance - 2 <br />L:\CMO\2004 Council Agendas\M040524\g0405244-attA.doc(03/16/04) <br /> <br /> <br />