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HomeMy WebLinkAboutAdmin Order 56-16-01ADMINISTRATIVE ORDER NO. 56-16-01 of the City Manager EMERGENCY RULE AMENDING PRIVATE COMMERCE ON PUBLIC PROPERTY ADMINISTRATIVE RULE R-3.336 THAT WAS ADOPTED BY ADMINISTRATIVE ORDER NO. 56-04-04-F. The City Manager of the City of Eugene finds that: A. Pursuant to the authority contained in Sections 2.019 and 3.340 of the Eugene Code, 1971, Private Commerce on Public Property Administrative Rule R-3.336 was adopted on January 7, 2005. B. It is necessary to add provisions to the Rule that will allow food trucks to receive pushcart permits for commercial activity in the Downtown Activity Zone because food trucks are currently being used more often than food carts, and allowing their use would assist in creating a more vibrant downtown. C. , This Rule should be implemented without prior public notice so that permits can be issued to food trucks immediately, thus, allowing areas within the Downtown Activity Zone to be activated with positive activity this winter, such as the positive activity of food cart dining. Adoption of this Emergency Rule is authorized by subsection (6) of Section 2.019 of the Eugene Code, 1971. NOW, THERFORE, based upon the above finding which are adopted, and pursuant to the authority in Sections 2.019(6) and 3.340 of the Eugene Code, 1971, I order that: 1. This Rule amendment shall become effective immediately and remain in effect for a period of 180 days from the date this Order is signed unless replaced earlier by an emergency rule, temporary rule, or permanent rule adopted in accordance with the provisions of Section 2.019 of the Eugene Code, 1971. 2. Section 5 of Private Commerce on Public Property Administrative Rule R -3.336- N is a mended by deleting subsection 5.5, adding a new subsection 5. 10, and renumbering the unamended subsections as provided below. PRIVATE COMMERCE ON PUBLIC PROPERTY ADMINISTRATIVE RULE R-3.336 (Deletions to the Rule are shown in s.,.;v,,threugh; additions are shown in bold -italics) R -3.336-N Specifics for Downtown Activity Permits 5. Pushcart Vendors. This subsection specifically authorizes and regulates pushcarts. In the event any of the provisions set forth herein conflict with other sections of this Rule, the provisions of this subsection shall prevail on issues relating to pushcarts. Administrative Order - Page 1 of 3 IMF JIM' W MAIN -- 5.65 Portability of PushCart. "Pushcart" means a wheeled vehicle of such size and weight that it may be wheeled on or moved to and from the assigned location. Vehicles delivering and picking up the pushcart may not enter any pedestrian area without first obtaining a vehicle access permit from the City. Pushcarts should be removed after business hours each day. Exceptions maybe approved if the vendor signs an agreement holding the Cityharmless from any damage or liability claims or losses which may result from leaving the pushcart overnight. 5.76 Sound Amplification. No amplification of sound shall be permitted by pushcarts. 5.8-7 Installation and Maintenance. The vendor shall assume all costs associated with the construction, transportation, operation, and maintenance of the pushcart. 5.98 Litter Cleanup. The vendor shall keep the area around the pushcart clean and free of litter generated by the pushcart, and dispose of the litter in a container/receptacle provided by the vendor. 5.189 Permits. The vendor shall obtain and display as required all necessary permits or licenses including, but not limited to, food handler's permit, and vehicle access permit. The vendor shall pay for all permits. 5.10 Food Trucks. Notwithstanding the definition of pushcart, a food truck vendor may apply for a pushcart vendor permit. It is in the City's sole, unfettered discretion whether to approve or deny a food truck vendor's application for a pushcart vendor permit. If a pushcart vendor permit is issued to a food truck vendor, the term `pushcart" used throughout these Rules and in the permit shall mean `food truck." For purposes of this section, a food truck is a large vehicle equipped to cook and sell food. 5.11 Permit Fees/Performance Bond. The vendor shall pay the periodic permit fee(s) set forth in the pushcart permit, which shall be based on the rates and charges established by administrative order of the City Manager pursuant to EC 2.020. The vendor shall also pay a performance bond in the amount of the last month's fee. All or part of this bond may be withheld if the vendor does not comply with this Rule, or other applicable laws or regulations. If none is withheld, the amount of the bond may be applied to the last month's fee. The fee and performance bond must be delivered to the City at the time the pushcart license is issued. The fee is non-refundable if the vendor chooses to operate less than a month. The monthly fee shall be due within ten days of the end of the previous month, along with a signed statement detailing gross sales for that month's operation. Payment not received Administrative Order - Page 2 of 3 by the 1 0 1 h of the month will be considered late and subject to a late fee. Any additional fee, based on the previous month's percentage of the gross sales, will be due at this time. Failure to maintain and submit accurate sales records, and to make payments when due, may result in cancellation of the pushcart permit and removal of the pushcart from the Downtown Activity Zone. Dated and effective this day of A14-t'wl2e� , 2016. Jon R. Ruiz City Manager Administrative Order - Page 3 of 3