HomeMy WebLinkAboutAdmin Order 53-83-04
e. ...-,'
ClI'X fiLE :NO.~ ~~-~~-btj:
DRAFT ADMINISTRATIVE RULES REGARDING COMMERCIAL VENDORS
A. .Introduction.
By Ordinance No. 19145, enacted May 25, 1983, the Eugene City
Council amended E.C. S4.860. E.C. S4.860 now prohibits any per-
son from selling merchandise in the streets, on the sidewalks or
in doorways or stairways of business houses or in places where
the activity will cause congestion on the streets or sidewalks
unless the activity is licensed under Chapter 3 of the Eugene .
Code. Sellers of merchandis~ are licensed as "commercial -
solicitors" "transient merchants" or "used merchandise dealers"
under Chapter 3. The latter categories are for fixed places of
business.
Under Eugene Code, 1971, S3.0l0, a "commercial solicitor" is
required to obtain a license from the finance officer before
engaging in that business in the City of Eugene. ^ "commerical
solicitor" is a merchant with no fixed place of business who goes
from "house to house or place to place" and sells goods. E.C.
S3.005. Excluded from this definition are wholesalers who sell
to merchants, purveyors of self-raised produce or milk or dairy
products, and newspaper carriers.
Persons who desire to sell processed food, beverages or
flowers on public streets and sidewalks and avoid the barrier of
E.C. S4.860 must, therefore, be licensed as "commercial
solicitors." The following rules set forth conditions and
restrictions for commercial solicitors who desire to sellon
public streets, sidewalks and those areas adjacent to streets and
sidewalks.
These rules are adopted under the authority of E.C. S3.0l0,
note 21, authorizing the City Manager to issue rules on commer-
cial solicitor licenses. These draft rules are proposed for
adoption on December 12, 1983. Interested persons should comment
in writing by November 30, 1983 to the City of Eugene Finance
Department, Attention: Terry Grondona, 777 Pearl Street, Eugene,
Oregon 97401.
These rules do not cover all commercial sol.icitors but only
commercial solicitors who sell from a non-fixed location or from
a mobile cart or vehicle on the streets, sidewalks or adjacent
areas outside the Eugene Mall. This subgroup is termed
"commercial vendors" in the rules. Other commercial solicitors,
such as door-to-door sellers, are not covered by these rules.
~/,.. JJ
, .-
All commercial vending in the Eugene Mall is governed exclusively
by the mall permit system set forth under E.C. 54.877.
These rules are initial rules. Other areas of rulemaking
have been removed and are being postponed until more experience
is gained to determine their need. These include assignment of
fixed locations for commercial vendors, rules for vending on pri-
vate property extended to the public for use (e.g., parking lots,
business lobbies), and regulations allowing other types of
merchandise to be vended on streets and sidewalks.
B. Rules Governing Commercial Vendor Licenses.
Rule 1. Scope of AP~lication. The- following regulations.
govern the criteria for lssuance of commercial vendor licenses by
the City of Eugene. They are issued under the authority of
Eugene Code, 1971, S3.010, note 21. These rules shall not apply
to commercial vending within the Eugene Mall area boundaries as
shown on the map attached hereto as Exhibit A. All such public
vending activity on the Mall is governed by permits issued under
E.C. S4.860.
These rules do not govern all commercial solicitors. They
regulate only the activities of commercial vendors. A commercial
vendor is a commercial solicitor licensed to sellar distribute
to the public, food or flowers from temporary, non-permanent
locations or from mobile carts or vehicles on public streets,
sidewalks, and adjacent areas. Absent a commercial solicitor's
permit allowing, as a condition.of the permit, sale of food or
flowers in such places, such activity is in violation of E.C.
S4.860.
Rule 2. Application Review Criteria. In determining whether
to grant, deny, or conditionally allow a commercial.vendor
license, the City Manager, or his or her designate shall endeavor-
to:
a. Maintain the free flow of pedestrian and vehicular traf-
.fic on streets, sidewalks and areas open to the public;
b. Minimize danger to public health, peace, and safety, and
to public and private property;
c. Preserve and enhance the aesthetic qualities of residen-
tial neighborhoods and commercial distticts; and
d. Prevent sound and other disturbances that would inter-
fere with legitimate pursuits and the peaceful enjoyment
of the areas near places where vending activities are
occurring.
-2-
. f
~ach.license shall be for one cart, vehicle or display. Each
appllcatlon shall conform to the requirements of E.C. ~3.045.
The licensing process is regulated by E.C. SS3.050 to and
including 3.110.
Each license application for the sale of food and/or bever-
ages must first comply with all local and state licensing, health
and inspection provisions that are applicable to businesses
selling food and beverages.
All such licenses are personal and may not be transferred.
Rule 3. License Restrictions. ~h~ following conditions
shall apply to any commercial sOlicitor license obtained for the
purpose of obtaining consent for the sale of goods on the public
streets, sidewalks and areas adjacent thereto:
a. The license must at all times be displayed in a promi-
nent and visible manner while the commercial solicitor
conducts business.
b. Any license to conduct business shall be limited to the.
sale of food items, beverages and flowers.
c. No commercial vendor shall make any loud or unreasonable
noise for the purpose of advertising or attracting
attention to the goods for sale.
d. No commercial vendor selling from a motor vehicle shall
conduct business in such a way as would restrict or
interfere with nearby property owners or occupants use
of their property or create or become a public nuisance,
increase traffic congestion or delay, or constitute a
hazard to traffic, life or property.
e. No commercial vendor shall conduct business from a fixed
sidewalk location, or from a vehicle or on public prop-
erty, located within 100 feet of a retail establishment
. selling or offering to sell similar items.
f. No commercial vendor shall conduct business in an area
exceeding 30 square feet of sidewalk or street area,
which shall include the area of the mobile vehicle or
pushcart. This area may be expanded by special request
at the time of application if such increase in size will
not cause congestion or delay in pedestrian or vehicular
traffic.
g. All those conducting business will be responsible for
picking up all refuse within 25 feet of the place of
business.
-3-
~. ..
h. No permitted pushcart, stand, structure, or vehicle by
which a commercial solicitor conducts business shall be
left unattended, or be permitted to remain on the street
or sidewalk between the hours of 8:00 p.m. and 8:00 a.m.
i. No commercial vendor may sell from other than a stand on
the sidewalk or a vehicle parke~ alongside the curb.
He/she may not:
(a) vend at any location where the sidewalk is not over
four feet in width;
Cb) vend within ten feet of ~ny driveway;
(c) vend within ten feet of any crosswalk; or
Cd) set up any stand or structure on the paved or
travelled portion of any public street.
Dated this ~ day of December
, 1983.
(/
-4-
DEPARTMENT OF FINANCE
DATE RECEIVED FOR FlUNG
. " I' () 9 1985
.) f'U~ f~
FILE NO. OR REF.
~,. -._....,.~.~_,.."-'....._'",., .n~._
'. "- --l I .' 1 IJ .~~b>_~~ ~-+~ "",1i,..lL~~III..~j~-~. It t L--
<' .... .' , : .. . 'H A VI" ... ..... · .. ..
J.\ I ~ oobo[
JI J~ OODO[
. j.ci[]g [J ii Oi
] D []5] E]! L
i1:j[]. 11M ..~l" ;! O~~l ,.:':':g'" D f: .;
: ~ @ - ~ .~. .
.'*10 .:::.j . :.:.:.: ~ ~"
I ". ::::~ - ~:::l ai- a
! 00'..'..;. OLli10illl 'I\~ ; SOU," .'D:. Sf ~ --;
. I I . ~ i
. ... . . . . . . . . . .. .... ....... ... .. . ..... .. . .,.,~~. . .
J~. 00 00- - -au.... --.~~~~f....._.. - ... . ~~n~;~~~ 0" rileD r
1 ~ ~ E3J l
. Jl ~T-.1 oElliDBI~o 00 t
j I ..," ... i ~e] orno 00 t
J CJ OO-OO@O 00 ~r-
: .. 'N ,.. .. - 11-
J.=O
]iD
~ ~... ~_ Eugene Mall Area
..... e:.". .. .....
"
,~ -.......,.... - "." ~ ..7. ~....::....... r--- ,.
.. .
. tit
2 '0 _
w - -
0 ... ...:
... ... ...
~ . w - tit
W 2 ...
.: w c .. ..I
II > n ..I II:
C j ..I w: C
x i c w
0 0 0 ..
'----