HomeMy WebLinkAboutAdmin Order 56-17-02-FADMINISTRATIVE ORDER NO. 56-17-02-F
of the
City Manager
AMENDMENT OF PRIVATE COMMERCE ON PUBLIC PROPERTY
ADMINISTRATIVE RULE R-3.336, AND REPEAL OF
ADMINISTRATIVE ORDER NOS. 56-04-04-F AND 56-17-01.
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 ("EC"), Private Commerce on Public Property Administrative Rule R-3.336 ("the Rule")
was adopted by Administrative Order No. 56-04-04-F on January 7, 2005.
B. On November 15, 2016, 1 issued Administrative Order 56-16-01, adopting an
emergency amendment to the Rule to add provisions that allow food trucks to receive pushcart
permits for commercial activity in the Downtown Activity Zone. The addition of that provision
was necessary because food trucks are currently being used more often than food carts, and
allowing their use assists in creating a more vibrant downtown. On May 5, 2017, 1 issued
Administrative Order 56-17-01, extending the expiration date of the emergency amendment to the
Rule.
C. On May 31, 2017, 1 issued Administrative Order No. 56-17-02 proposing to amend
the Rule to permanently adopt the emergency food truck amendments referenced in paragraph B
above. In addition, I proposed to amend the Rule to provide that all sales on public property within
the Downtown Activity Zone (DAZ) must be authorized pursuant to a permit.
D. Notice of the proposed Rule amendment was published in the Register Guard
newspaper on June 5, 6, 7, 8 and 9, 2017, was made available to any person who had requested
such notice and to any business which possessed a license issued pursuant to the Rule. The
proposed amendments were made available for review at the City's Planning and Development
Department, and on the City's website. The Notice provided that written comments would be
received for a period of 15 days from June 5, 2017. No written comments were received within
the time or in the manner set out in the Notice.
NOW, THEREFORE, based upon the above findings and the findings in Administrative
Order No. 56-17-02, and pursuant to the authority of Sections 2.019 and 3.340 of the Eugene Code,
1971, 1 find that Private Commerce on Public Property Administrative Rule R-3.336 should be
amended as proposed and I order that:
1. The unamended provisions of Private Commerce on Public Property
Administrative Rule R-3.336 adopted by Administrative Order No. 56-04-04-F remain in full force
and effect and are incorporated into the amended Rules set out in this Order.
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2. Administrative Order Nos. 56-04-04-F and 56-17-01 are repealed as of the effective
date of this Order.
3. Private Commerce on Public Property Administrative Rule R-3.336 is amended and
adopted to provide as follows:
PRIVATE COMMERCE ON PUBLIC PROPERTY
ADMINISTRATIVE. RULE R-3.336
R -3.336-A Definitions.
As used herein, words and phrases have the following meanings and those ascribed in
Sections 3.005 and 4.871 of the Eugene Code, 1971 (the "EC"). In the event of a conflict, the
definitions in EC 4.871 shall control.
Abutting Property: Any separate parcel of real property which has a legal
boundary touching the boundaries of City streets and alleys. For any place within the
Downtown Activity 'Lone, the abutting property shall be that parcel of real property closest
in any direction, measured along the surface of the Downtown Activity Zone.
Admission. A monetary fee charged for the privilege of attending, observing, or
participating in an activity, event, or performance occurring in or upon public pedestrian
areas in the downtown activity zone. "Admission" includes a monetary fee charged on a
fixed basis or a donation basis. The charging of "admission" prevents those persons who
have not paid the monetary fee from accessing the area in which the activity, event, or
performance is occurring. Where access to the area is not restricted, "admission" does not
include soliciting donations during an activity, event, or performance.
Authorized Activity: Any activity for which a Downtown Activity Permit has
been issued, or a city -sponsored event.
Block Face: The area facing one street between curb corners of the parallel streets
perpendicular to it.
Broadway Plaza: The plaza located at the intersection of Broadway and
Willamette Streets as designated by Resolution Number 4505 adopted by the Council on
October 28, 1996.
City Manager: The city manager or his or her designee.
City -Sponsored Event: An activity carried out by a city employee in the
performance of assigned duties or an activity authorized by the city manager or city council
to use the city's name, which includes, but is not limited to, annual events such as the
Eugene Celebration and First Night.
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Commerce: A transaction occurring on public property involving the sale of, or
offer to sell, goods or services.
Commercial Pursuits: Any activity related to or connected with trade, commerce
or fund raising involving the receipt of money or property, such as, but not limited to:
advertising, displaying, distributing, selling, taking orders or offering to sell or take orders
for goods or services; providing a place for customers to sit; fund raising activities;
activities, events, and performances for which admission is charged; activities related to
construction or demolition on abutting private premises.
Contractor. A person or entity with whom the City Manager contracts to
administer all or a part of these rules.
Display: Visual portrayals or physical objects affixed to or standing upon public
property, including but not limited to signs, pictures, markers, inscriptions, and objects that
are inanimate or mechanically or electronically animated but which remain stationary in
location.
Downtown Activity Permits: All licenses or permits issued pursuant to EC 3.341
for activities within the Downtown Activity Zone.
Downtown Activity Zone. Publicly -owned property and rights-of-way located
within the area bounded by the centerlines of Sixth Avenue, Lincoln Street, Eleventh
Avenue, and High Street, including all public improvements located therein.
Downtown Core. Publicly -owned property and rights-of-way located within the
area bounded by a line that runs from the intersection of 10th Avenue and Pearl Street, north
to 81h Avenue, west on 8th Avenue to Lincoln Street, south on Lincoln Street to 10th Avenue,
east on 10th Avenue to Charnelton Street, south on Charnelton Street to 11th Avenue, east
on l lth Avenue to Willamette Street, north on Willamette Street to 10th Avenue, and east
on 10th Avenue to Pearl Street, including sidewalks on both sides of the streets and avenues
that define the area and all public improvements located therein.
Eugene Celebration Area: That area bounded by the Southern Pacific Railroad
tracks and 13th Avenue and High and Lincoln Streets.
Fund Raising: Actions which directly or indirectly request anything of value from
persons with whom the requestor has not been previously associated as a family member,
friend or companion, and the resulting proceeds are given to a person, entity or organization
other than the person engaged in the fiend raising activity. "Fund raising" does not include
personal solicitations.
Impede: To prevent progress or movement, or to engage in an activity that would
deter a reasonable person from progressing or moving in the area of the activity.
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Interferes With: A person "interferes with" an authorized activity if that person
does one or more of the following:
(1) Enters in or upon and uses an area which has been reserved for an
authorized activity for a purpose other than in accordance with the authorized use;
(2) Engages in conduct which imminently threatens to cause or causes
a speaker or performer to cease speaking or performing or threatens to cause or
causes an audience to be unable to hear the speaker or performer(s);
(3) Except when viewing or participating in an authorized activity,
engages in conduct within 20 feet of an authorized activity which prevents
reasonable people with normal sensitivities participating in the properly authorized
activity from carrying on a normal conversation.
License or Permit: Any license or permit applied for and issued in accordance
with the EC, including Downtown Activity Permits.
License Operating Area: The sidewalk from the midpoint of one block length, as
defined in EC 9.0500, to the midpoint of a connecting block length on the same block.
_Newspaper Dispenser. A box or other vending device that displays, holds or
dispenses newspapers, flyers, brochures, pamphlets, newsletters or other written materials
to the public, with or without requiring payment, and is intended to remain stationary in
location.
Noise Disturbance: A noise disturbance which is plainly audible to two or more
persons who are located within a room with all windows and doors to the outside shut
which is in a building open for business and is within or abuts the area where the noise
disturbance is occurring. The definitions of EC 4.080(1) shall apply to this definition.
Non-profit Organization: Any group operated exclusively for religious,
charitable, scientific, literary or educational purposes, no part of the net earnings of which
inures to the benefit of any private shareholder or individual, or any group which would
otherwise be qualified for tax exemption under 42 USC section 501 of the Internal Revenue
Code as it exists as of January 1, 1990.
Occupied Vending Unit. A pushcart or other non -motorized movable cart, stand,
or device propelled, occupied by, or attached to a vendor and utilized to engage in
commerce on a public way.
Park Blocks. That area generally bounded by East 8th Avenue, West Park Street,
South Park Street, and East Park Street.
Peddling Vendor. A person engaged in commerce other than on a street or from
a stationary occupied vending unit.
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Permittee: Includes any person designated as the applicant in the application for
the downtown activity permit, and any employee, agent, representative or volunteer
assisting with an authorized activity.
Personal solicitation: Solicitation by an individual of money or goods of value
where that money or those goods of value would be transferred without receipt of any item
with an extrinsic value.
Principal. Includes all owners, shareholders, partners, directors, officers and
managers of a business.
Public Pedestrian Area. Any public sidewalk, alley, plaza, and park, excluding
public areas under the primary control of entities other than the city. It also includes public
streets during the time streets are closed to vehicular traffic for a city -sponsored or
permitted event.
Public Property. Sidewalks, streets, alleys, plazas and parks, including
improvements thereto.
Pushcart: A wheeled vehicle of such size and weight that it may be wheeled on
or moved to and from an assigned location.
Retail Commercial Activities: Except for non-profit fund raising organizations,
any commercial pursuit which has as any part of its business the sale or transfer of tangible
personal property.
Sidewalk. That portion of the street between the curb line or the lateral line of a
roadway and the property line of the adjacent property.
Sidewalk Commerce. Commerce occurring on a sidewalk outside the Downtown
Activity Zone, as defined in EC 4.871.
Single Bus Stop: The location designated by the Lane Transit District or other
publicly operated transportation district for passenger pickup and discharge by bus.
Street Entertainment: The conducting of, presenting, or participating in musical,
theatrical, cinematic, choreographic or athletic performances for which no admission is
charged, and no specific area of public property is reserved for its use.
Street Vendor: A person who sells or offers for sale, or distributes goods or
services on a public street as defined in EC 9.0500.
Substantially Similar Items. Products which may reasonably be understood to
compete for a share of the same market's demand.
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Transaction. All means of exchanging goods or services for value other than
printed matter distributed through vending equipment.
Code.
Vehicle: Any motorized vehicle required to be licensed by the Oregon Traffic
Vending Equipment. Items or dispensing units other than occupied vending units.
Vending Kiosk: A temporary or permanent structure currently authorized for use
as a vending location.
Vending Location. The specific area within a license operating area for which a
person is licensed to engage in commerce on public property.
Vendor. Any person engaged in private commerce on public property.
Written Material: Any literature, pamphlet, packaging or similar material
intended to communicate any message through writing.
R -3.336-B Application.
1. Unless a different procedure is provided in this Rule, by an administrative order of
the City Manager issued after the effective date of this Rule, or in a contract executed pursuant to
EC 3.335, all applications for a license to conduct private commerce on public property, or
renewals thereof, must comply with the provisions of Sections A to G of this Rule, and shall be
submitted on forms provided by the City and processed as set forth herein. The application shall
include, but is not limited to the following information:
1.1 The name, and home and business address of the applicant, and all
principals of the business;
1.2 A description of the products to be sold or the proposed activity, and the
number of persons participating in the activity.
2. The application shall be accompanied by the application fee established by the City
Manager pursuant to EC 2.020, together with any attachments required by the form, which may
include, but are not limited to:
2.1 A valid copy of all applicable health permits required by federal, state or
local authorities;
2.2 A description of the means to be used in conducting business, including
scaled drawings of the vending unit or equipment, signs, service operations, and the
customer queuing and waiting areas;
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2.3 The proposed license operating area and vending location;
2.4 List of all persons or employees to operate the vending unit/equipment or
prepare food to be sold from the vending unit/equipment, and proof of a current food
handlers card;
2.5 A list of merchants and other vendors and their products or services who
are conducting commerce within 100 feet of the proposed vending location, or a signed
statement that no competing merchant operates within 100 feet of the proposed vending
location or area.
3. The application shall identify all principals of the business.
4. If the applicant's business name is the same as a currently licensed vendor, or so
similar as to likely create confusion, the applicant shall be so advised, and the application shall not
be processed until a different business name is submitted.
5. A decision on a vending license application shall be made within 30 days of receipt
of a complete application form accompanied by all requested attachments and required application
fees.
R -3.336-C Issuance of License.
1. In reviewing an application, the City may inspect the vending unit/equipment
drawings, the vending unit/equipment and any of its components, if applicable, customer service
operations, the vending location and license operating area or block face.
2. A license to operate at a specified location within a designated operating area or
block face shall be issued if the applicant meets all requirements of the applicable federal, state
and local law, this Rule, and other applicable rules or regulations of a public agency, has paid all
required fees, and has obtained any other required permits or licenses.
3. Licensees must begin stationary vending cart and peddler operations within 15 days
of the date the license is issued, unless prior arrangements are made with the City Manager or
designee. Failure to do so may result in cancellation or suspension of the license.
4. A license may not be transferred without the prior written consent of the City
Manager or designee and payment of applicable fees. A license shall be considered transferred
when the original principal(s) sells the business to a new principal or sells or withdraws from the
business within six months of the date an additional principal(s) is added to the business. The City
must be notified of the addition of each principal, including new owners or managers joining the
business during the license term. The licensee shall complete any required application form and
pay any required fees. Failure to do so within ten days of the date of joining the business may
result in imposition of a civil penalty or revocation of the license.
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5. Unless a different term is provided in other provisions of this Rule, licenses and
permits shall be issued on a fiscal year basis that commences on July 1 and expires on June 30 of
the following year. Unless otherwise provided in other provisions of this Rule, license and permit
fees shall be paid monthly, with the first month's fee paid at the time the license or permit is issued.
Thereafter, the fee shall be due within ten days following each month of operation, along with a
signed statement detailing the gross sales for the previous month's operation (if applicable). Any
additional fee, based on the previous month's percentage of gross sales is due and payable at this
time. Failure to maintain and submit accurate records and to make payments when due, may result
in cancellation of the license or permit. An application for extension or renewal of an existing
license must be submitted by May 1, accompanied by the required application fee. Failure to
submit all required application materials with the extension or renewal application prior to the end
of the current license term may result in the license being reviewed as a new application, and may
be subject to a new application fee. A licensee who submits an extension or renewal application
after May 1 may also be assessed a penalty fee of $10 per day for each day between May 1 and
the date the application is submitted. The license or permit term shall be specified on the license.
6. The revocation or suspension of a license or permit shall be governed by the
procedures set forth in EC 3.050 and 3.055.
7. Appeals of denials, revocations and suspensions of licenses or permits shall be
governed by the procedures set forth in EC 2.021.
R -3.336-D Records to be Maintained.
1. All licensees shall maintain complete and accurate records of all business
transactions indicating revenues and expenses associated with the licensed activity.
2. The records required herein shall be maintained by the licensee for a period of three
years from the date of the last entry.
3. The licensee must provide the City with access to the records, upon request, and
may, if requested by the City, be required to provide the City with financial information for
purposes of establishing license fees based on a percentage of revenues. Failure to do so, or to
maintain current records, may result in revocation of the license.
R -3.336-F. Compliance with Other Laws.
All licensees must comply with all City, County, State and Federal laws and regulations
applicable to the licensed activity, including Uniform Fire Code regulations. It is the responsibility
of each licensee to determine whether other regulations apply and that the licensee is in compliance
therewith.
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R -3.336-F Insurance and Hold Harmless Agreement.
1. Insurance Coverage. Upon approval of a license application, but prior to issuance,
the vendor shall furnish to the City, or its designee, proof of broad form commercial general
liability insurance, including products and completed operations coverage for food and beverage
service (if applicable). Such insurance shall:
1.1 Protect licensee and the City from all claims for damage to property or for
bodily injury, including death, which may arise from operations under or in connection
with the license;
1.2 Provide split limits coverage in the minimum amount of $250,000 for bodily
injuries to one person, $500,000 for bodily injuries for each occurrence, and $100,000
property damage, or in lieu of the above described coverages, a combined single limit of
not less than $500,000 covering any number of claims arising out of any single occurrence,
plus cost of defense;
1.3 Be without prejudice to other existing coverage;
1.4 Name as additional insureds the City, its officers, agents, and employees;
and
1.5 Provide that the policy shall not terminate or be cancelled prior to the
expiration of the license term without 30 days written notice to the City or its designee,
unless waived by the City or its designee in writing.
At least ten days prior to the expiration of a liability insurance policy required hereunder, or the
effective date in a notice of insurance cancellation, the licensee shall submit to the City or its
designee, satisfactory documentation that the insurance has been renewed, extended, or replaced.
Failure to comply with this requirement, or if the insurance lapses, is cancelled, or is less than the
required amounts, shall be grounds for the immediate and summary suspension of the license or
permit.
2. Hold Harmless Agreement. The licensee shall, on a form provided by the City,
furnish to the City a signed statement that the licensee shall hold harmless the city, its officers,
agents, and employees and shall indemnify the City, its officers, agents, and employees for any
claims of injury to property or persons that may arise as a result of any activity carried on by the
licensee.
3. Waiver. The insurance required by this section is waived for vendors selling
neither food nor beverage. Vendors selling food and/or beverage must have the required insurance;
in the case of vendors selling prepackaged items, the City may accept proof of insurance from the
packager.
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4. Workers' Compensation Coverage. The vendor shall provide a certificate of
coverage for Workers' Compensation if the vendor is an employer or becomes an employer during
the course of the license term.
R.3.336 -G Restrictions on Vending Units/Equipment.
1. No occupied vending unit/equipment in a single licensed location shall exceed 36
square feet, nor eight feet in height, including transparent enclosures, wheels and hitches, but
excluding canopies, umbrellas, or awnings. The uppermost point of vending equipment operated
by or attached to a peddling vendor shall not exceed eight feet in height from the ground when in
use unless the proposed unit receives written approval by the City or its designee.
2. All external identification shall be non -illuminated and shall be attached to and
shall not project beyond the perimeters of the vending unit. The sum of the area of all signs shall
be limited to one square foot times the perimeter of the vending unit and shall comply with the
Eugene Sign Code included in EC Chapter 9.
3. The footprint of a unit occupying a single licensed location, including all awnings,
canopies, and umbrellas must meet all siting requirements and shall not exceed 100 square feet in
area. This may be expanded by the City at the time of application if the increase will not violate
the provisions of EC 3.342 and EC 3.344(1).
R -3.336-H Eugene Celebration.
1. Notwithstanding any of the provisions set forth herein concerning license term,
operating areas, or other restrictions or limitations, the provisions of this section shall control over
any conflicting provisions during the three day period each year of the Eugene Celebration (Friday -
Saturday -Sunday) within the Eugene Celebration Area as defined herein.
2. During the period of the Eugene Celebration no permit or license for sidewalk
commerce, vendors, events, or performances, including Downtown Activity Permits, shall be
issued for an activity within the Eugene Celebration Area without the prior approval of the Eugene
Celebration.
3. Reasonable efforts will be made by the Eugene Celebration to ensure that current
licensees may continue to operate at their established locations within the Eugene Celebration
Area. A licensee with a current license for an activity at a location within the Eugene Celebration
Area shall apply for written authorization from the Eugene Celebration to continue operation at
that location during the period of the Eugene Celebration. If such authorization is not applied for
or received prior to commencement of the Eugene Celebration, a licensee's operations may be
suspended or moved to another location during the period of the Eugene Celebration if such action
is necessary due to health or safety considerations.
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4. Notwithstanding Subsections 2 and 3 above, applicants denied a permit or license
and current licensees denied authorization to continue operations at their established location(s)
within the Eugene Celebration area may appeal the decision to the City Manager within the time
and in the manner provided in EC 2.021.
R -3.336-I Standards for Citv Annroval of Items or Services Sold by Licensed Vendors
and Permittees.
1. General Standards for All Licensed Vendors and Permittees.
1.1 Licensed vendors and permittees must comply with all applicable federal,
state and local laws, including all health regulations applicable to the specific items or
services sold or provided by the licensed vendors and permittees.
1.2 Excluding an application to operate a pushcart within the downtown activity
zone, the City Manager shall not approve an application to sell items or services
substantially similar to the items or services sold as a primary focus of its business by a
previously existing business, licensed vendor, or permittee located within 100 feet of the
proposed vending location, except with the written consent of the affected previously
existing business owner, licensed vendor, or permittee. The 100 feet shall be measured in
a direct line (horizontally, diagonally, etc.) between the proposed vending location and that
of the affected previously existing business, licensed vendor, or permittee.
1.2.1 The written consent of the affected previously existing business
owner, licensed vendor or permittee must be provided to the City Manager by the
applicant prior to issuance of a license or permit. The consent shall be deemed a
continuing consent so long as the licensed vendor or permittee does not change the
goods or services being sold at the time consent is given, does not transfer the
license or permit to another principal, or fail to renew the license or permit. In the
event a particular business owner, licensed vendor, or permittee denies such
consent, such denial may be deemed by the City Manager to apply for one year to
all subsequent applications relating to goods substantially similar to those
contemplated by the application for which consent was denied, absent subsequent
written consent in favor of the initial applicant
2. Standards Applicable to Licensed Vendors and Permittees Operating Within
the Downtown Activity Zone.
2.1 Pushcart permittees operating within the downtown activity zone shall sell
only food items. The City Manager shall not approve an application to operate a pushcart
within the downtown activity zone for the sale of food items substantially similar to the
food items sold as a primary focus of its business by a previously existing business,
licensed vendor, or permittee located within one block or block face of the pushcart
permittee's proposed vending location, except with the written consent of the affected
previously existing business owner, licensed vendor or permittee. (For example, a pushcart
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permit application proposing to sell sandwiches within one block or block face of a
previously existing delicatessen which serves sandwiches as a primary focus of its business
would be denied on the basis of this subsection. A pushcart permit application proposing
to sell coffee and espresso within one block or block face of a previously existing restaurant
which sells coffee, but coffee is not a primary focus of its business, would not be denied
on the basis of this subsection.)
2.1.1 The written consent of the affected previously existing business
owner, licensed vendor or permittee must be provided to the City Manager by the
applicant prior to issuance of the pushcart permit. The consent shall be deemed a
continuing consent so long as the permittee does not change the food items being
sold at the time consent is given, does not transfer the permit to another principal,
or fail to renew the permit. In the event a particular business owner, licensed
vendor, or permittee denies such consent, such denial may be deemed by the City
Manager to apply for one year to all subsequent applications relating to goods
substantially similar to those contemplated by the application for which consent
was denied, absent subsequent written consent in favor of the initial applicant.
R-3.3364 Specifics for Sidewalk Commerce.
1. Restrictions on Vending Locations. Sidewalk commerce licenses shall be
restricted to vending locations within the geographical area on Kincaid Street from 100 feet north
of 121h Avenue to 100 feet south of 13th Avenue. Additionally, a sidewalk commerce vendor shall
not conduct commerce from a stationary vending unit on a sidewalk in any of the following places:
1.1 Within ten feet of the intersection of the sidewalk with any other
sidewalk. The City may waive this restriction in writing for any location upon finding that
construction of extra -width sidewalks makes such use consistent with the standards
established by EC 3.342 and EC 3.344(1).
1.2 Within eight feet of the adjacent property line, except with the written
consent of the adjacent property owner and a determination by the City that the proposed
location will not present a threat to public health or safety.
1.3 Within a 20 foot radius of a building entrance or doorway, or any extension
therefrom, except with the written consent of the property owner and a determination by
the City that the proposed location will not present a threat to public health or safety.
1.4 Within ten feet of any handicapped parking space or access ramp.
1.5 Within ten feet of any driveway.
1.6 Within ten feet of any crosswalk.
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1.7 Within 50 feet of any entrance or driveway to a health care facility with an
emergency or urgent care facility, school, or police or fire station.
1.8 Within 100 feet of a major arterial as designated in the street classification
map adopted by Ordinance No. 20181.
1.9 Where the location of the vending unit leaves less than a five foot width of
unobstructed passageway on the sidewalk, including customers waiting to make a
purchase, or where the City Manager or designee determines the remaining passageway
will present a threat to public health or safety.
1.10 In an area zoned R-1, R-1.5, R-2, R-3, or R-4 under EC Chapter 9.
1.11 Within 100 feet of a business or other vendor that has direct access to the
sidewalk and sells substantially similar items as a primary focus of their business, except
with the written consent of that business or other vendor. The 100 feet shall be measured
in a direct line (horizontally, diagonally, etc.) between the proposed vendor location and
that of the affected business or other vendor. The written consent of the affected business
owner or other vendor must be provided to the City Manager or designee by the applicant
prior to issuance of a license. The consent shall be deemed a continuing consent so long
as the licensee does not change the goods or services being sold at the time consent is given,
does not transfer the license to another principal, or fail to renew the license. In the event
a particular business or other vendor denies consent for issuance of any sidewalk commerce
license, such denial may be deemed by the City Manager or designee to apply for one year
to all subsequent applications relating to goods substantially similar to those contemplated
by the license with respect to which consent was denied, absent subsequent written consent
in favor of the initial applicant.
1.12 Within 12 feet from the curb of a designated single bus stop.
1.13 Within a designated Lane Transit District Transfer Station. The City
Manager or designee may extend the area restricted from vending upon review of a request
from the Lane Transit District.
1.14 In any location where the City Manager or designee determines the
proposed vending activity and units would present a safety problem by obstructing the clear
vision of drivers and pedestrians, or in any location determined unsuitable by the City
Manager or designee.
1.15 On a sidewalk adjacent to a contra -flow bicycle lane or within ten feet of
any travel lane.
1.16 Operate adjacent to East 13th Avenue between Kincaid Street and Hilyard
Street, or adjacent to Alder Street from the alley north of East 13th Avenue to the alley
south of East 13th Avenue.
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In order to ensure compliance with the above provisions, the applicant shall indicate the proposed
license operating area in the application.
2. Restrictions on Vending License. The number and type of goods and services
sold must be reviewed and approved by the City before issuance of a license. The licensee must
notify the City in writing within ten days of eliminating any goods or services from sale. No
additional goods or services may be added during the license term without the review and approval
of the City Manager or designee. Failure to obtain approval prior to adding the goods or services
may result in the imposition of a civil penalty and/or revocation of the license. The vending license
shall be issued for one specific vending site, and shall not be applicable to another location without
the prior approval of the City Manager or designee.
shall:
3. Sidewalk Commerce Vendor Requirements. A sidewalk commerce vendor
3.1 Prominently display the sidewalk commerce vending license and
conspicuously post the price of all items sold.
3.2 Clean up any paper, cardboard, wood or plastic containers, wrappers, spills,
or any other refuse in any form that is deposited by the vendor or any other person on the
sidewalk or street within 25 feet of the vending site. Each vendor shall offer for customer
use a suitable container for placement of refuse, and shall empty the container as soon as
it is full. A vendor shall not use City or other private receptacles for the emptying of a
refuse container, but shall empty full containers in suitable storage bags or containers and
dispose of them at the end of each day.
3.3 Remove the vending unit from the sidewalk entirely, or to another
designated location when directed to do so by the City Manager or designee or a City police
officer based on a finding that such removal or relocation is necessary to avoid congestion
or obstruction of the sidewalk.
4. Sidewalk Commerce Vendor Prohibitions. No sidewalk commerce vendor shall:
4.1 Leave any vending unit/equipment unattended on a continuous basis on the
sidewalk during the licensee's business hours. A vending unit/equipment may be permitted
to regularly remain on the sidewalk during non -business hours if such permission is made
a condition of the license issued by the City Manager or designee.
4.2 Conduct business at a location other than that designated on the license.
4.3 Conduct business in an operating area exceeding that approved by the City
Manager or designee. The operating area shall include the area of the vending unit, any
awnings, canopies, or umbrellas extending beyond the unit, and a queuing area calculated
by multiplying four feet by the length of the sales counter, window or area. The City
Manager or designee may expand the area at the time of application if the increase will not
violate the provisions of EC 3.342 and EC 3.334(1).
Administrative Order - Page 14 of 29
4.4 Fail to occupy the vending unit and location for 15 or more consecutive
days without the prior written consent of the City Manager or designee. Violation of this
subsection may subject the licensee to the imposition of a civil penalty and/or license
revocation.
5. Operating Areas. A sidewalk commerce vendor other than a peddling vendor may
obtain a license for only one vending location on the same block or adjacent blocks. Applications
will be considered in the order filed.
R -3.336-K Specifics for Street Vendors.
1. A street vendor shall:
1.1 Sell, offer for sale, or distribute only the items approved by the City;
1.2 Conduct business only from a vehicle legally parked alongside the curb; and
1.3 Comply with all applicable federal, state, and local laws and regulations.
2. A street vendor shall not:
2.1 Conduct business in such a way as to restrict or interfere with the enjoyment
or use of property by nearby property owners or occupants;
2.2 Increase traffic congestion or delay;
2.3 Create a hazard to life or property;
2.4 Stop on the traveled portion of any street or in any bicycle lane; or
2.5 Stop in one location for more than fifteen minutes within the same hour
while conducting business.
3. In addition to the restrictions of EC 3.344(2) as set forth in 1 and 2 of this section,
and R -3.336-J-1 above, a street vendor shall not conduct business in a manner that interferes with
the free flow of vehicular traffic on streets or areas open to the public, nor operate adjacent to a
contra -flow bicycle lane, within any travel lane, or adjacent to East 13th Avenue between. Kincaid
Street and Hilyard Street, or adjacent to Alder Street from the alley north of East 13th Avenue to
the alley south of East 13th Avenue.
Administrative Order - Page 15 of 29
R -3.336-L Specifics for Outdoor Cafes.
1. Specific Application Requirements. In addition to compliance with EC 3.344(3),
and with R-3.336-13 above, an applicant for an outdoor cafe license must:
1.1 Present a signed statement that the applicant lawfully operates a restaurant
adjacent to the right of way for which the license is sought, identifying the name and
business address of the restaurant; and
1.2 Describe the location of the proposed outdoor cafe, proposed number of
tables, including scaled drawings to indicate the location of the restaurant exterior
including entrances/exits, tables, chairs, service operations, street furniture (posts, poles,
fire hydrants, etc.), and any other sidewalk obstructions within 50 feet of the proposed
license area (including bus stops and zones, street trees, newspaper racks, etc.).
2. Restrictions on Outdoor Cafe Locations. No person may conduct outdoor cafe
operations in any of the following places:
2.1 Within 10 feet of any handicapped parking space or access ramp.
2.2 Within 10 feet of any driveway.
2.3 Within 10 feet of any crosswalk.
2.4 Within 50 feet of any entrance or driveway to a health care facility with an
emergency or urgent care facility, school, or police or fire station.
2.5 In any place where the outdoor cafe leaves less than five feet of
unobstructed passageway on the sidewalk, or where the City Manager has determined that
the passageway not obstructed by the outdoor cafe would present a threat to public health
or safety.
2.6 In any area zoned R-1, R-1.5, R-2, R-3, or R-4 (residential) under EC
Chapter 9.
2.7 Within 12 feet from the curb of a designated single bus stop.
2.8 Within a designated Lane Transit District 'Transfer Station. The City
Manager or designee may extend the area restricted from vending upon review of a request
from the Lane Transit District.
2.9 In any location where the City Manager or designee determines that the
proposed activity would present a safety problem by obstructing the clear vision of drivers
or pedestrians.
2.10 On a sidewalk adjacent to a contra -flow bicycle lane or within ten feet of
any travel lane, except with the express approval of the City, which may include
Administrative Order - Page 16 of 29
requirements for erection of barriers or other measures to safely separate patrons from
vehicles.
2.11 Adjacent to East 13th Avenue between Kincaid Street and Hilyard Street,
or adjacent to Alder Street from the alley north of East 13th Avenue to the alley south of
East 13th Avenue.
3. Scone of License. The license shall be issued for the approved configuration. The
cafe cannot be expanded beyond those bounds without prior approval from the City, which may
require additional site and plan reviews and fees. The City may mark the approved area and levy
a civil penalty if a licensee operates outside the approved area.
4. Specific Insurance Requirements. Supplementing R -3.336-F above, the licensee
shall provide the insurance coverages specified, including products and completed operations
liability coverage, for a single limit policy of $500,000, requiring a written 30 -day notice of
cancellation to the City, unless waived by the City in writing.
5. Litter. Licensee shall clean up any refuse generated by the business.
6. Compliance. Licensee must comply with all applicable federal, state, or local
regulations, including the Uniform Fire Code as adopted by the City.
R -3.336-M Specifics for Peddling Vendors.
1. An applicant for a license to conduct commerce on public property as a peddling
vendor without a vending cart must submit an application therefore and pay the required fees, in
the same manner and with the same limitations as other licensees under this Rule, and the specific
limitations set forth in this section. The license fee shall be based on a minimum of four square
feet plus any additional area required for vending equipment. Vending equipment for peddlers is
limited to no more than eight feet in height from the ground when in use, and no greater than four
square feet in length and width. This restriction may be waived by the City during the application
review upon checking the proposed peddling area and equipment.
2. A license for a peddling vendor may be issued for a designated area, except that in
the Downtown Activity Zone commerce by peddling vendors shall be limited to the Downtown
Core as defined in EC 4.871. The applicant shall indicate in the application the area for which a
license is sought and must identify merchants and other vendors within 100 feet of all points within
the proposed vending area that are selling products or services arguably constituting substantially
similar items as those the applicant proposes to sell.
3. A peddling vendor shall not:
3.1 Stop in one location for more than 15 minutes within the same hour while
conducting business;
Administrative Order - Page 17 of 29
3.2 Conduct business in such a way as to restrict or interfere with the enjoyment
or use of property or nearby property owners or occupants;
3.3 Create a hazard to life or property;
3.4 Conduct business within 100 feet of another merchant or vendor selling
substantially similar items, except with the written consent of that merchant or vendor. The
written consent of the merchant or vendor must be delivered to the City Manager or
designee prior to the issuance of a license hereunder, and once given, may not be revoked
prior to expiration of the term of the license by such merchant or vendor with regard to
such applicant if a license is granted to that applicant;
3.5 Operate within ten feet of any crosswalk;
3.6 Operate on a sidewalk adjacent to a contra -flow bicycle lane or within ten
feet of any travel lane, except for peddlers without equipment, and peddlers with equipment
so small it does not create an obvious obstruction. Equipment must be carried on the
peddling vendor's person;
3.7 Operate or display wares in an area adjacent to East 13th Avenue between Kincaid Street
and Hilyard Street, or adjacent to Alder Street from the alley north of East 13th Avenue to the alley
south of East 13th Avenue.
R -3.336-N Specifics for Downtown Activity Permits.
1. Scope. This Rule supplements the requirements of the Eugene Code, 1971, and
applies to commercial pursuits, and to activities, events, and performances for which admission is
charged and are conducted on public property within the Downtown Activity Zone.
2. Prohibited Activities. In addition to any other prohibitions in this Rule, the
following activities are prohibited on public pedestrian areas within the Downtown Activity Zone:
2.1 Commercial Pursuit. No person shall engage in a commercial pursuit
except as authorized by EC 3.344(4) and this Rule, or pursuant to other specific permission
granted by the City Manager.
2.2 Noise. No person shall operate or use any noise -producing machine,
vehicle, or mechanical or electrical device in a manner that creates a noise disturbance or
interferes with any authorized activity, except when engaged in an authorized activity and
the noise is both authorized by the permit and reasonably necessary to the authorized
activity.
2.3 Vandalism and Litter. Except in performing maintenance or construction
authorized by the City Manager:
Administrative Order - Page 18 of 29
2.3.1 No person may mutilate, deface, damage, or remove a table, bench,
building, sign, marker, monument, fence, barrier, fountain, faucet, traffic recorder,
or other structure, facility or improvement of any kind; and,
2.3.2 No person may dig up, deface or remove earth, stones, rock, plants,
or other substance, make an excavation, lay or set off any blast, roll any stones or
other objects, or assist in doing so; and,
2.3.3 No person may litter by throwing or depositing refuse or causing
refuse to be thrown or deposited in the public space without providing for its proper
disposal.
3. Location of Activities. To preserve pedestrian access and safety, and to support
uses that encourage participation in the Downtown Activity Zone, unless the City Manager makes
a specific finding that another portion of the Downtown Activity Zone will best accommodate an
activity, the following areas shall be the preferred locations for the listed activities:
3.1 On sidewalks:
3. 1.1 Authorized activities by an owner or tenant of the abutting property;
3.1.2 Cafe seating;
3.2.3 Pushcart vendors;
3.2.4 Street entertainment;
3.2.5 Personal solicitations; and
3.2.6 Newspaper dispensers.
3.2 In the Park Blocks and designated locations within the Broadway Plaza:
3.2.1 Pushcart vendors;
3.2.2 Activities, events, and performances which involve more than a total
of 25 persons at any one time;
3.2.3 Street entertainment;
3.2.4 Fund raising activities or personal solicitations;
3.2.5 Newspaper dispensers; and
3.2.6 Other commercial pursuits for which a Downtown Activity Permit
has been issued.
Administrative Order - Page 19 of 29
4. Conditions Imposed on Downtown Activity Permits.
4.1 General Conditions. The following general conditions shall apply to all
activities authorized by permit, as well as to street entertainment.
4. 1.1 All permittees shall display the Downtown Activity Permit or have
it ready for presentation upon demand while engaged in an authorized activity.
4.1.2 To maintain the free flow of pedestrians and access into and from
private premises and to maintain quick access for emergency vehicles, all
authorized activities shall:
4.1.2.1 In a location designated by the City Manager, maintain a
five-foot pedestrian lane on all sidewalks;
4.1.2.2 Maintain unencumbered ingress and egress to private
premises from the sidewalk. Unencumbered ingress and egress means
keeping the area ten feet on each side of a doorway to a structure clear. This
ten -foot limit may be reduced with the written consent of the occupants of
the affected private premises but in no event shall it be less than the width
of the affected doorway; and
4.1.2.3 Be prepared to cease activity and move any equipment
associated with the activity when such action is necessary to assist
emergency vehicle access.
4.1.3 To minimize hazards to the public and to minimize damage to public
and private property, all permittees and street entertainers:
4.1.3.1 Shall not affix anything to structures or vegetation, nor
occupy benches or other areas designated for the public to sit, except when
expressly approved as to location, approved site plan, and the method of
affixation or occupation by the City Manager;
4.1.3.2 Shall cooperate with law enforcement officers, City
personnel, or designees of the City in enforcing the law, this Rule, and any
conditions of the Downtown Activity Permit;
4.1.3.3 Shall provide, at permittee's expense, at events of more than
one hour duration, one toilet for each additional 400 people or part thereof
over the first 400;
4.1.3.4 Shall provide at permittee's expense, clearly identifiable
crowd control marshals who are to see that the conditions of the permit are
met and to render assistance to the public attending the activity or to render
Administrative Order - Page 20 of 29
assistance upon the request of City personnel or police officers. The number
of crowd marshals shall be one per 200 anticipated attendees or part thereof
in excess of 200 people but less than 1,000 people. If the anticipated
attendance is to exceed 1,000 people, the ratio of crowd marshals shall be
one per 100 anticipated attendees or part thereof;
4.1.3.5 Shall provide at permittee's expense such barricades and
other crowd control devices as the City Manager deems necessary to
regulate vehicle and pedestrian traffic and to protect vegetation and
facilities; and
4.1.3.6 Shall be responsible for repair of any damage to public or
private property as a result of permittee's acts or omissions. All repair work
to public property shall be performed in compliance with the City's standard
specifications, sound engineering and design practices and such other
conditions required by the City Manager and shall restore the property to its
prior quality, texture, color and character. When the City Manager
determines the applied -for use may damage public property, prior to issuing
the permit the City Manager may require the permittee to deposit with the
City sufficient money, bond or other security acceptable to the City
Manager based upon the City's estimate of the restoration cost. If the
permittee fails to restore the public property as required, the City shall
perform the necessary restoration and charge the cost thereof, including
overhead and administrative costs against the permittee's deposit before
returning any unused part thereof. Should the deposit be insufficient to
cover the expense of restoration, the permittee shall be liable for the
deficiency.
4.1.4 When an activity requires the use of electronically amplified sound,
the sound level shall be at that required to reach reasonable people of normal
sensitivities in attendance at the activity and the sound speakers shall be located
and directed to minimize the intrusion of sound into adjacent private premises. In
no instance shall the sound level 100 feet from a sound speaker exceed 94 dba.
4.1.5 To maintain the permitted area as a clean, pleasant place, each
permittee and street entertainer:
4.1.5.1 Shall clean up the area in which the activity occurred and
restore the area to as clean a condition as existed before the activity. For
events attracting more than 100 people, the permittee, at permittee's
expense, shall empty the public trash receptacles in the area of the activity
and remove the trash gathered. In addition to the area where a permittee or
street entertainer is authorized to distribute pamphlets, leaflets or other
objects, the permittee or street entertainer shall clean up any discarded
material he or she distributed within 200 feet of the assigned area. Unless
otherwise directed by the City Manager, the permittee's or street
Administrative Order - Page 21 of 29
entertainer's obligation to clean up shall occur at the end of the activity, at
the end of each day's activity or at least every four hours during the activity,
whichever is less;
4.1.5.2 At permittee's or street entertainer's expense, shall promptly
remove all of his or her personal property at the end of the activity or at the
end of each day's activity, whichever first occurs, unless specifically
authorized by the City Manager to leave the property. The permittee or
street entertainer shall release the City from any obligation to protect or care
for the personal property so left; and,
4.1.5.3 At permittee's or street entertainer's expense, shall return to
City any City equipment provided in as good a working condition as when
it was made available, less reasonable wear.
4.1.6 Each permittee shall be responsible for and pay any taxes levied or
assessed arising from permittee's use of the Downtown Activity Zone.
4.1.7 Downtown activity permits are not assignable or transferable in
whole or in part.
4.1.8 To preserve the aesthetic value of the Downtown Activity Zone and
to provide for the safety of those who use the Downtown Activity Zone, all
displays, including but not limited to signs or tables, are subject to the following
restrictions:
4.1.8.1 All tables and chairs used in connection with an activity
authorized by a Downtown Activity Permit shall be of sufficient strength to
support the expected use, have non-movable legs or legs which can be
locked in an upright position and shall be kept clean and free from excessive
wear which might present a hazard to those using the table or chair. Tables
and chairs shall be kept painted or finished, show no signs of rust or pitting,
and shall have no holes except as a part of the design of the table or chair;
4.1.8.2 Signs in public pedestrian areas are allowed by permit only.
No sign may be more than nine square feet in total area on any side and
shall be firmly attached to a supporting structure or shall be capable of
supporting itself without presenting a danger to pedestrians. All signs must
be professionally lettered. Owners and tenants of abutting property and
each pushcart is allowed one sign. Signage for activities of less than 14
days' duration shall be located according to the Downtown Activity Permit
for such event;
4.1.8.3 No display placed on the surface of the Downtown Activity
Zone shall be less than 18 inches in height nor have protruding edges on or
above the surface which would present a hazard to pedestrians;
Administrative Order - Page 22 of 29
4.1.8.4 Permanent fixtures within the Downtown Activity Zone
shall not be used for commerce; and
4.1.8.5 In the public pedestrian areas within the Downtown Activity
Zone, a newspaper dispenser shall not be placed:
4.1.8.5.1 Within ten feet of a street corner;
4.1.8.5.2 Within one foot of a street curb;
4.1.8.5.3 Within one foot of, or connected or affixed
by any means to, a sidewalk fixture, such as a light pole, bicycle
rack, planter, bench or art work;
4.1.8.5.4 Except with the permission of the person in
charge of the building, between the central traveled portion of the
adjacent sidewalk and any window abutting a public pedestrian area;
or
4.1.8.5.5 Within the central traveled portion of the
sidewalk or in any other location likely to impede pedestrian traffic.
4.1.9 Distribution of written material in an area occupied by an activity
authorized by a Downtown Activity Permit is subject to EC 3.344(4)(c) and 4.872.
4.2 Commercial Pursuits Specifics.
4.2.1 Commercial pursuits shall be allowed by permit for any of the
following uses of the public property within the Downtown Activity Zone:
4.2.1.1 An activity in designated locations on a sidewalk, the
Broadway Plaza or the Park Blocks which:
4.2.1.1.1 Complies with the regulations of the pushcart
program; or
4.2.1.1.2 Involves the sale of goods.
4.2.1.2 An activity on a sidewalk by an occupant of the abutting
property and:
4.2.1.2.1 The proposed use is of the same type and
involves merchandise similar to the permittee's use of the abutting
property,
Administrative Order - Page 23 of 29
4.2.1.2.2 No Downtown Activity Permit has been
issued for the same location or no application is then being
considered for the same location,
4.2.1.2.3 The City Manager approves the signage, the
method of displaying merchandise, and the design of display racks
and tables,
4.2.1.2.4 In the event that the abutting property is
occupied by two or more persons or businesses acting as separate
occupants, the application for a permit is accompanied by a written.
statement from the owner of the property showing approval of the
application, and,
4.2.1.2.5 Where awnings exist that provide pedestrian
rain cover, the authorized activity shall provide three feet of
pedestrian passage area under the awning in the event of rain;
4.2.1.3 Cafe seating on a sidewalk by a restaurant occupying
abutting property and:
4.2.1.3.1 The caf6 seating is parallel to the permittee's
storefront,
4.2.1.3.2 If the permittee proposes cafe seating that
would extend to the front of an adjacent storefront, consent must be
granted by the adjacent store owner,
4.2.1.3.3 The City Manager approves the design and
color of the tables and chairs,
4.2.1.3.4 In addition to standards set forth in R -3.336-
N-4.1.8.1, the tables and chairs are maintained in good repair and
appearance,
4.2.1.3.5 The permittee takes full responsibility for
refuse that is generated by the use of the cafe seating. A suitable
receptacle shall be provided by the permittee and emptied by the
permittee. Tables shall be cleared of refuse immediately after they
are vacated,
4.2.1.3.6 The permittee may not sell alcoholic
beverages on a sidewalk except as authorized by a license from the
Oregon Liquor Control Commission, and,
Administrative Order - Page 24 of 29
4.2.1.3.7 The City Manager has approved the method
(if any) by which permittee reserves the cafd seating for the
exclusive use of its customers;
4.2.1.4 The activity is an activity, event or performance for which
admission is charged, and is conducted in that part of the Downtown
Activity Zone which the City Manager determines will best serve the
purposes of the Downtown Activity Zone pursuant to EC 4.870 and this
Rule;
4.2.1.5 Construction or demolition work on abutting private
premises;
4.2.1.6 Fund raising activities:
4.2.1.6.1 Shall be allowed only in designated locations
in the Broadway Plaza and Park Blocks where such location would
not impede pedestrian traffic,
4.2.1.6.2 Shall be limited to the sale of items for fund
raising purposes, providing:
4.2.1.6.2.1 Only non-profit organizations may
sell items for the purpose of fund raising within the
Downtown Activity Zone. Such fund raising activities shall
occur in designated locations and for designated periods of
time not to exceed 30 days,
4.2.1.6.2.2 The items sold for fund raising
purposes shall be limited to a single general category and
may not be a rummage sale, flea market or bake sale in
nature, and,
4.2.1.6.2.3 The City Manager has approved the
design of display racks and tables, the signage, and the
method of displaying merchandise;
4.2.1.7 No Downtown Activity Permit is required for street
entertainment. However, all street entertainment shall occur:
4.2.1.7.1 Only on sidewalks or in designated locations
in the Broadway Plaza or Park Blocks where such activity would not
impede pedestrian traffic, and where a Downtown Activity Permit
has not been issued,
Administrative Order - Page 25 of 29
4.2.1.7.2 In any one designated area for no longer than
sixty minutes in any one day, except between twelve noon and 1:00
p.m., for no longer than thirty minutes in any one day, and,
4.2.1.7.3 Without aid of electronically amplified
sound.
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.
5.1 Location. The pushcart shall be located on public property within an area
prescribed by the City or its designee. A pushcart shall not be located within one block or
block face of an existing business or pushcart selling substantially similar item(s) to be sold
by the pushcart. The vendor shall be given a map illustrating his or her location when the
permit is issued.
5.2 Term of Permit. The term of any pushcart permit shall not exceed one
year. Pushcarts may operate for shorter periods of time. The contract term shall commence
on the vendor's proposed starting date or the date the pushcart permit is granted, whichever
is later, and continue through the vendor's proposed ending date, or six months thereafter,
whichever is earlier. The vendor shall notify the City or its designee, in writing, of any
changes in the starting or ending dates from those specified in the contract.
5.3 Limitations. Each pushcart shall feature unique products to avoid
duplication of other products sold by pushcart vendors. Sales shall be limited to those
items proposed by the vendor and approved by the City or its designee. No changes will
be permitted without prior approval of the City or its designee.
5.4 Health Standards. Pushcarts shall conform to all City, County, or other
pertinent health qualifications and inspections.
5.5 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 City harmless from any damage or liability claims or losses which may result
from leaving the pushcart overnight.
5.6 Sound Amplification. No amplification of sound shall be permitted by
pushcarts.
5.7 Installation and Maintenance. The vendor shall assume all costs
associated with the construction, transportation, operation, and maintenance of the
pushcart.
Administrative Order - Page 26 of 29
5.8 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.
59 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 this Rule 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 by the 10th 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.
6. Activities, Events, and Performances. All activities, events, and performances
which involve a total of more than 25 persons at any one time shall be located in the Broadway
Plaza, Park Blocks or streets closed for those specific activities which, while preserving emergency
vehicle and pedestrian access to abutting property and reducing the impact of this activity on other
authorized activities, will best accommodate the number of people that the City Manager estimates
are likely to attend the activity at any one time. This provision does not prohibit a moving
gathering on a sidewalk as long as it does not impede emergency vehicle and pedestrian access to
abutting property.
7. Location of Permitted Uses. All activities for which a permit is required shall be
located within the Downtown Activity Zone in places designated for that purpose by the City
Manager on a map which shall be available for public inspection.
Administrative Order - Page 27 of 29
8. Application for Permit.
8.1 Application. Applications for Downtown Activity Permits shall be
directed to the City, or the Contractor that has been authorized by the City to issue such
permits. Applications shall be made on a form prescribed by the City Manager or
Contractor. The application shall describe the activity for which a permit is requested, the
number of persons participating in the activity, and the area in which the activity will be
carried out. The application shall be signed and shall state that the applicant will abide by
all applicable federal and state laws, all applicable municipal ordinances, this Rule, and
any conditions imposed on the Downtown Activity Permit.
8.2 Fees. The application shall be accompanied by all required fees.
9. Action on Application. The City Manager shall issue a written decision on the
application. The permit shall be allowed only upon execution of a permit on a form and containing
provisions acceptable to the City and upon payment of all required fees and otherwise in
conformity with all applicable laws, ordinances and rules.
10. Term of Permit. Each permit shall specify the term for which the permit is issued.
Any permit with an unspecified termination date shall be terminated six months after the date of
issue or upon 30 days' written notice unless susceptible to termination on shorter notice under
another section of this Rule.
11. Priority for Conflicting Permit Applications.
11.1 Complete applications for permits shall be processed on a first-come, first-
served basis. Based on the standards provided in this Rule for pedestrian access,
emergency access, safety, and aesthetic values, the Contractor may determine the
maximum number of permits that will be issued for a given form of commerce, subject to
review by the City.
11.2 Applications for the same date, time and location, if meeting the conditions
and terms of this Rule and applicable laws, shall be granted to the first complete application
received.
11.3 In scheduling the time and location for activities, the City Manager shall
work with applicants to resolve apparent conflicts with a view toward accomplishing the
purposes of the Downtown Activity Zone.
12. Waiver. Except for violations of the Eugene Code, 1971, and State law, the City
Manager may waive in writing any requirement in this Rule to the extent necessary to accomplish
the purposes of the Downtown Activity Zone stated in EC 4.870.
Administrative Order - Page 28 of 29
13. Application of Regulations to City -Sponsored Activities.
13.1 All Downtown Activity Permits shall be subject to being stayed in the event
they conflict with a City -sponsored event or the City's use of the Downtown Activity Zone.
Such stay shall be only for the time reasonably necessary to prepare for, conduct and clean
up following the City -sponsored event or use and shall not be subject to review on appeal
unless the permittee can demonstrate the permittees use will not interfere in any way with
the City -sponsored event or use.
13.2 Any City -sponsored event or any City use shall comply with the applicable
provisions of Sections R -3.336-N-1, 2 and 3 of this Rule.
R-3.336-0 Enforcement.
1. Authorized city personnel or independent contractors authorized by the City
Manager may issue notices of violation for a violation of this Rule. If the violation takes place in
the presence of a police officer, a citation may be issued by the officer.
2. A notice of violation shall state with reasonable particularity any section of the
Eugene Code, 1971 or this Rule alleged to have been violated and shall be signed by the person
issuing the same.
3. Nothing in this Rule shall prohibit the service of complaints by police officers. In
the event a violator is issued a citation, the report shall be promptly forwarded to the City
Prosecutor for a determination as to issuance of the complaint.
4. After a complaint has been filed and served on the defendant, all subsequent
proceedings shall be in accordance with the rules and procedures of the Municipal Court.
Dated and effective this / day of C m "',-�Z 2017.
Jon R. Ruiz
City Manager
Administrative Order - Page 29 of 29