HomeMy WebLinkAboutOrdinance No. 19331DRDTNANCE NO. 19331
AN ORDINANCE CONCERNING SIDEWALK VENDING; AMENDING SECTION
3.005 OF THE EUGENE CODE, 1971; ADDING SECTIONS 3,336, 3.338,
3.339, 3.340, AND 3.34 TD THAT CODE; AND DECLARING AN
EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.405 of the Eugene Code, 1971, is amended by add-
ing, immediately after the "Refuse and Recycling" definitions, the following:
Sidewalk Vendi n
License o erati n area. The sidewalk from the midpoint of
one block length, as defined in section 9.015 of this code, to the
midpoint of a connecting block length on the same block.
Sidewalk. That portion of the street between the curb line
or the lateral line of a roadway and the property line.
1lendi n~oc.ati,an . The specific area wi thi n a 1 i cen se operat-
ing area for which a person is licensed under this chapter to
operate a vending unit. ~.
Vendor. Any person who sells or offers for sale any odds or
g
services on any si dewa~l k.
Vendin unit. A pushcart ar other non-motorized mobile. cart
or stand, of such size and weight that it may easily be moved by
no mare than two persons which is used to display, distribute or
sell any goads or services on a public sidewalk.
Section Z. A caption, and Sections 3.336, 3.337, 3.335, 3.339, 3.340,
and 3.342 are hereby added to the Eugene Code, 1911, to read and provide:
Sidewalk Vendi n~
3.336 Sidewalk Vendi n -License Re ui red. No person steal 1 sel l any
goods ar services on any sidewalk within the corporate limits of
the city except as provided by this code. As used in sections 3.335 to
3.342, "sell", or "offer for sale", includes but is not limited to the soli-
citation, exchange, transfer or delivery of goods or services.
3.337 Sidewalk Vendin ~- Exem t Activities. Sections 3.336 to 3.34 of
this code shall not apply:
Via} To the conduct of business within the Eugene pedestrian
mall as defined in section 5.010 of this code; or
fib} To the sale of any goods or services an sidewalks con-
e ducted as part of a special event when the vending activity has
Ordinance - 1
been specifically approved by special permit issued by the city.
3.338 Sidewalk ~lendi n ~- License Re ui rements . 1n addition to the re-
quirements of section 3.Q41, each vendor shall:
~a}~ Submit to the city, upon approval of an application, the
hold harmless agreement required by rules adopted under this chap-
ter sufficient to protect the city from damage or liability;
fib} Submit to the city, upon approval of an application,
proof of public and personal 1 i obi 1 i ty, food products l i obi 1 i ty
and property damage liability insurance required by rules adapted
under this chapter;
~c) Locate anywhere except in areas coned RA, R~-1,R~-Z, R-3,
or R-4 under Chapter 9 of this code;
~d~ bend only from vending units that meet the requirements
of rules adopted under this chapter;
fie} Seil only the food, beverages, flowers or balloons desig-
nated on the license;
~f~ Conduct business only at the location designated on the
license;
fig} Pay the right-af-way fee; and
~h} occupy the vending location five days per week for six
hours per day. If a vendor fails to occupy the vending location
for more than 15 consecutive days the city may revoke the license.
3.339 Sidewalk ilendin -'License D eratin Area. Dnly one license shall
be issued at any one time for each license operating area.
3.340 Sidewalk ~endin -Administrative Powers of the City Mana er. The
rules adapted under section 3.QI5 concerning sidewalk vending
licenses may address, but are not limited to, the fallowing areas:
~a} Maximum dimensions of a vending unit;
~b~ Restrictions on vending locations;
~ c~ The minimum public and persona 1 1 i obi 1 i ty, food products
liability and property damage liability insurance coverage each
vendor must carry sufficient to protect the city and public from
1 oss or injury;
~d} Requirements of and restrictions on the conduct of busi-
ness by vendors;
fie} The amount of the right-of-way fee, which shall be based
on the fair rental value of the premises far which the license is
issued, to be determined by comparison to charges for concession
or lease of other city property or similar private property;
~f} The allocation of license operating areas; and
~g~ The form and content of the hold harmless agreement to
be submitted by each vendor, sufficient to protect the city from
damage or 1 i obi 1 i ty.
3.342 Sidewalk I~endin~,- issuance ,of License
~~~ ~n determining whether to grant or deny a license, the city
shall consider:
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~a~ The need to maintain the free flow of pedestrian and
vehicular traffic on streets, sidewalks and areas open to the
public;
~b~ Any danger to public health, peace or safety or to
public or private property that may result from approval of an
application ;
~c~ The need to preserve and enhance the aesthetic qualities
of the district; and
~d~. The need to prevent interference with social and economic
pursuits, and the peaceful enjoyment of the areas near places where
vending activities are occurring.
~Z~ The city may issue a license upon finding that the applicant
has met all requirements of this code and rules adopted under this chapter,
and that the criteria of section ~.34Z~1~ are satisfied.
~3} Upon sale, transfer or termination of business, the license
operating area of the vendor shall be allocated in accordance with rules
adopted under this chapter.
section 3. To the extent any provisions contained herein require a
different degree of compliance by any existing licensees of the City, or
require compliance by a class not previously affected, they shall be granted
a twenty-one day grace period from the effective date of this ordinance in
which to achieve compliance.
section 4. The administration of the City`s business license regula-
bons affect the public health, safety and welfare, and in order to insure
the orderly implementation of the provisions contained herein, an emergency
is hereby declared to exist, and this Ordinance shall become effective
immediately upon its passage by the Council and approval by the Mayor.
Passed by the City Council this
~Zth day of June, X985
~Syf City ecorder
Approved by the Mayor his
12th da~/~6f/Jyne, 1~5
Mayor
Ordinance -~ 3