HomeMy WebLinkAboutAdmin Order 53-93-37-F
Administrative Order No. 53-93-37F
of the
City Manager of the City of Eugene
ADOPTING PUBLIC VENDING ADMINISTRATIVE RULE R-3.336
AND REPEALING ADMINISTRATIVE ORDER NOS. 53-85-08, 53-93-13
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, on December 22, 1993 I adopted Administrative Order No.,573-9'3-37 proposing
the repeal of the Sidewalk Vending Administrative Rule adopted by Administrative Order
No. 53-85-08, Emergency Rule Amending Sidewalk Vending Rule adopted by Administrative
Order No. 53-93-13, and the adoption of the Proposed Public Vending Administrative Rule
R-3.336, to regulate vending on public property within the City other than within the
downtown Mall and Park Blocks areas.
B. Notice of the proposed repeal of the existing Sidewalk Vending regulations
and adoption of the Proposed Public Vending Administrative Rule R-3.336 was published
in the Register Guard for five consecutive days, to-wit, on December 25, 26, 27, 28, and 29,
1993. The Notice was also made available to current licensees and other persons who had
requested notice, and provided that written comments would be received thereon for a
period of 15 days from the first date of publication.
C.
findings:
The following written comments were received, to which I make the following
Comment 1: The rule should specifically exempt the downtown mall and
Parks Blocks to avoid confusion over which regulations apply to those areas.
Findin~: Language has been added to Finding A above to clearly state that
this Rule is not applicable within the Downtown Mall or Parks Blocks. Consistent
with direction received from the Council, staff is still working on the development of
a combined regulations for commerce on sidewalks, the Parks Blocks, Downtown
Mall, and sidewalk cafes. The combined rule would still recognize distinctions among
these different areas of private commerce on public property.
Comment 2: A "buffer zone" should be created around the downtown mall
in which only locally produced, hand-crafted merchandise could be sold.
Findine: In order to preserve the integrity of these conditions which are
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Administrative Rule R-3.336 - 1
applicable for mall vending, the rule has been amended to create such a buffer zone.
This will eliminate the potential situation of a vendor being denied a mall permit and
granted a sidewalk vending license to operate across the street from the mall.
Comment 3: Enabling a police officer to take a person into custody for a
willful violation would allow the officer to impose a greater sanction than a judge.
Findine: The rule has been amended to delete the reference to peace officers
taking persons into custody for willful violations of the rule. That provision, which
is based on Chapter 4 of the Eugene Code, 1971 with respect to enforcement
authority for activities within the downtown mall is not applicable to these
regulations. Enforcement of sidewalk vending regulations will be conducted as for
other business license activities, and, as relevant, can include imposition of
administrative civil penalties, and denial, suspension and revocation of licenses.
Comment 4: The requirement of maintaining and allowing inspection of
accounting books does not seem to have any rational basis. The City does not
require other businesses to produce their books for inspection.
Finding: Addressing the last part of this comment first, Section 3.015(t) of the
Eugene Code, 1971 authorizes the City Manager to include in administrative rules
provisions that relate to the form and content of records required to be maintained
by licensees, including financial information relevant to revenues and expenses. The
City annually requests financial information from licensed solid waste and recycling
collection companies in order to assess license fees based on a percentage of gross
revenues. The City also requires submission of detailed financial questionnaires, tax
returns and financial statements from haulers for use in setting collection rates.
Financial information is requested from other types of licensees as needed as part of
the investigation and enforcement of license requirements.
Although sidewalk vending fees are currently based on a flat fee, that process
may be changed in the future to be more consistent with the fees charged for similar
activities within the mall, which is based on a percentage of revenues, with vendors
required to "self-report" income to the City. Requiring annual submission of this
information does not seem necessary, and the rule has been revised to require
licensees to maintain appropriate records and make the same available to the City
upon request if necessary in order to compute or confirm license fees.
Comment 5: The block face limitation for peddling vendors is too expensive
and too restrictive.
Findine: The City Council specifically directed that the sidewalk vending
program regulate health, safety and competition. The rule provides that vendors are
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Administrative Rule R-3.336 - 2
prevented from locating within 100 feet of any business selling a substantially similar
item or service, unless that business provides written permission to do so. Health,
safety, and potential conflict issues cannot be determined without defining a vending
area for a peddler. The rule has been revised, however, to clarify that one license
may be received for an area including several block faces in which the vendor wishes
to operate, and making clear that multiple licenses are not prohibited, provided the
vendor receives the necessary consent from competing businesses or substantiates
there is no competing business issue involved.
Comment 6: The restriction on vendors locating too close to competing
businesses creates a monopoly for those businesses, and puts a vendor at the mercy
of nearby business owners. It was suggested those owners could change the
merchandise they sell, thereby effectively exclu~ing the vendors.
Findine: As indicated in the Finding to Comment 5 above, the City Council
has directed that vendors be prevented from operating within a reasonable distance
of competing businesses. It was the City's intent that the issue of locating too close
to competing businesses be addressed at the time of initial application or upon
transfer to another principal. The rule has been revised to clarify that intent. A
vendor who has been approved for a specific location or area may renew the license
annually, regardless of changes in merchandise and services sold by nearby businesses.
If the vendor gives up the license, transfers it to another principal, or changes the
merchandise or services sold, the review for competition would be necessary at that
time.
Comment 7: The definition of commerce includes newsracks.
Findine: Although the City does not concur with this contention, a definition
for "Transaction" has been added to eliminate any possible confusion or question of
the applicability to newsracks.
Based upon the above findings, which are hereby adopted, and pursuant to the
authority contained in Sections 2.019 and 3.340 of the Eugene Code, 1971, I hereby order
that:
1. Administrative Order Nos. 53-85-08 and 53-93-13, and any other administrative
order adopting or amending sidewalk vending rules, are repealed, as of the effective date
of this Order.
2.
follows:
Public Vending Administrative Rule R-3.336 is hereby adopted, to provide as
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Administrative Rule R-3.336 - 3
PUBLIC VENDING
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. In the event of a conflict, the
definitions in the Eugene Code, 1971 shall control.
Abuttine Property: Any separate parcel of real property which has a legal
boundary touching the boundaries of City streets and alleys.
Authorized Activitv: Any activity for which a permit or license is required.
Block Face. The area facing one street between curb corners of the parallel
streets perpendicular to it.
City Manaeer: The city manager or his or her designee, including any private
person or business with whom the city manager contracts to administer all or a part
of these rules.
Commerce. A transaction occurring on public property involving the sale of,
or offer to sell, goods or services.
Displav: Visual portrayals or physical objects affixed to or standing upon any
public property, including but not limited to signs, pictures, markers, inscriptions,
objects that are inanimate or mechanically or electronically animated but which
remain stationary in location.
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,
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Administrative Rule R-3.336 - 4
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.
Lane Transit District Transfer Station: The bus operating zone extending
from the curb edge to 20 feet into the passenger waiting area, along the length of the
curb area designated for use for bus loading.
License Operatine Area. The sidewalk from the midpoint of one block length,
as defined in section 9.015 of the Eugene Code, 1971, to the midpoint of a connecting
block length on the same block.
License or Permit: Any license or permit applied for and issued in accordance
with the Eugene Code, 1971.
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 sidewalk commerce other than from
a stationary occupied vending unit.
Permittee: The person to whom the license or permit is issued, and any
employee, agent, representative or volunteer assisting with an authorized activity.
Principal. Includes all owners, shareholders, partners, directors, officers and
managers of a business.
Public Property. Sidewalks, streets, and park blocks.
Public Vendin2. That private commerce on public property comprised of
sidewalk commerce, street vendors and peddling vendors.
Pushcart: A wheeled vehicle of such size and weight that it may be wheeled
on or moved to and from an assigned location.
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
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downtown mall, as defined in Section 4.871 of the Eugene Code, 1971.
Sinele Bus Stop: The location designated by the Lane Transit District or
other publicly operated transportation district for passenger pickup and discharge by
bus.
Street Vendor: A person who sells or offers for sale, or distributes goods or
services on a public street as defined in section 9.015 of the Eugene Code, 1971.
Substantially Similar Items. Products which may reasonably be understood
to compete for a share of the same market's demand.
Transaction. All means of exchanging goods or services for value other than
printed matter distributed through vending equipment.
Vendine Equipment. Items or dispensing units other than occupied vending
units.
Vendine 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 public vending.
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 Section 3.335 of the Eugene Code, 1971, all applications for a sidewalk
commerce license, 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 may 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 fee established by the City
Manager pursuant to Section 2.020 of the Eugene Code, 1971, together with any attachments
required by the form, which may include, but not be limited to:
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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;
2.3 The proposed license operating area and vending location;
2.4 A 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 copy of a signed commissary agreement if the vendor is selling food;
2.6 A list of merchants and other vendors and their products or services
who are engaged in commerce or otherwise sell goods or services within 100 feet of
the proposed vending location.
2.7 A signed statement that all merchants and other vendors and their
products or services who are engaged in commerce or otherwise sell goods or services
within 100 feet of the proposed vending location have been notified by the applicant
of the applicant's intent to seek a license.
2.8 A signed statement that written consents have been obtained from all
such merchants selling substantially similar goods, together with copies of such
consents, if any.
2.9 An acknowledgment of the applicant's understanding that the license,
once issued, may be subject to revocation if the notice and consent requirements have
not fully been satisfied.
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.
s. An application for a new license, including a special events license, must be
submitted to the city at least 45 days prior to the date the applicant intends to conduct the
commerce for which the license is sought. An application not in compliance with this
subsection will not be processed by the city.
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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(s).
2. Applications shall be considered in the order filed. The City may maintain a
list of interested parties for previously approved and occupied vending locations. If a license
for that location is revoked, is not renewed, or otherwise expires, the City may so notify, by
first class mail, all interested persons listed for that location. A license for that location shall
be issued to the first applicant who qualifies by submitting all required forms and fees,
regardless of whether that applicant was on the waiting list.
3. A license to operate at a specified location within a designated operating area
or block face shall be issued providing the applicant meets all requirements of the applicable
federal, state and local law, these rules, other applicable rules or regulations of a public
agency, has paid all required fees, and has obtained any other required permits or licenses.
4. Licensees, except special event vendors, must begin operations within 15 days
of the date the license is issued. Failure to do so may result in cancellation or suspension
of the license.
5. 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.
6. 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. The license or right-of-way fees for applications received after
July 1 shall be prorated on the basis of that term. 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. 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
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on the license. The license term for currently licensed vendors shall also commence July 1
and run through June 30. Existing licensed vendors must renew their licenses by submitting
an application by May 1, together with the renewal application fee. License fees shall be
prorated for the first quarter to reflect the credit for the previous quarter's payment.
7. No license shall be issued pursuant to these rules for a vendor whose license
operating area in within a one block radius of the downtown mall (as defined in Section
4.871 of the Eugene Code, 1971) unless that vendor sells only goods made by or in the
presence of the vendor and under the vendor's direct and personal supervision within the
state of Oregon, or sells only natural items that are grown and/or gathered within the state
of Oregon directly by the vendor.
8. The revocation or suspension of a license shall be governed by the procedures
set forth in Sections 3.050 and 3.055 of the Eugene Code, 1971.
9. Appeals by aggrieved persons of issuances, denials, revocations and
suspensions of licenses shall be governed by the procedures set forth in Section 2.021 of the
Eugene Code, 1971.
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.E
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 Aereement.
1. Insurance Coverage. Upon approval of a license application, but prior to
issuance, the vendor shall furnish to the City proof of comprehensive general liability
insurance including products-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 ten (10) days written notice to the City, unless
waived by the City 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 documentation satisfactory to the City 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 suspension of the
license or permit.
2. Hold Harmless Aereement. 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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Administrative Rule R-3.336 - 10
R.3.336-G Restrictions on Vendin! UnitslEauipment.
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.
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 Chapter 9 of the Eugene Code, 1971.
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 Section 3.342(1) of the Eugene Code, 1971. The
fee required under B.2 of these rules for a sidewalk commerce license shall be based on the
square footage of the vending unit including the awning or canopy and queuing area, or, in
the absence of an awning or canopy, the square footage of the vending unit plus the queuing
area.
R.3.336.H Reserved.
R.3.336.I S{>ecifics for Sidewalk Commerce.
1. Restrictions on Vendine Locations. A sidewalk commerce vendor shall not
conduct commerce from an occupied vending unit on a sidewalk in any of the following
places:
1.1 Within 10 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 section 3.342(1) of the Eugene Code, 1971.
1.2 Within eight feet of the adjacent property line.
1.3 Within a 20 foot radius of a building entrance or doorway, or any
extension therefrom.
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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.
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 under Section 9.045 of the Eugene Code, 1971.
1.9 Where the location of the vending unit and customer queuing areas
leave less than a five foot width of unobstructed passageway on the sidewalk, or
where the City Traffic Engineer determines the remaining passageway will present
a threat to public health or safety.
1.10 In an area zoned RA, R-1, R-2, R-3, or R-4 under Chapter 9 of the
Eugene Code, 1971.
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 along the property line that is adjacent to the sidewalk. 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 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 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
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clear vision of drivers and pedestrians, or in any location determined unsuitable by
the Traffic Engineer.
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 AIder Street from the alley north of East 13th Avenue
to the alley south of East 13th Avenue.
In order to ensure compliance with the above provisions, the applicant shall indicate the
proposed license operating area in the application.
2. Restrictions on Vendine 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.
3. Sidewalk Commerce Vendor Reauirements. A sidewalk commerce vendor
shall:
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 place of conducting business.
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 move is necessary to avoid
congestion or obstruction of the sidewalk.
4. Sidewalk Commerce Vendor Prohibitions. No sidewalk commerce vendor
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shall:
4.1 Leave any vending unit/equipment unattended on the sidewalk, or allow
the vending unit/equipment to remain on the sidewalk between 10 p.m. and 7 a.m.
the following day.
4.2 Conduct business at a location other than that designated on the
license, unless otherwise directed to do so on a temporary basis by the City Manager
or designee.
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 section 3.342(1) of the Eugene Code,
1971.
4.4 Fail to occupy the vending 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. Olleratin2 Areas. A sidewalk commerce 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.J
Specifics for Street Vendors.
In addition to the restrictions set forth in Section 3.346(2) of the Eugene Code, 1971
and R-3.336-I-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. No street
vendor may 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.
R.3.336.K Reserved.
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Administrative Rule R-3.336 - 14
R-3.336-L
Specifics for Special Events.
An applicant seeking to conduct commerce on public right-of-way for a period of time
not exceeding 14 consecutive days in a 90 day period must submit an application for a
special events license and pay the required fees, in the same manner and with the same
limitations as other licensees under these rules. A separate application and license approval
is required for each occurrence or event.
R-3.336-M Specifics for Peddline 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
these rules, 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 one or more block face( s).
No more than two peddling vendor licenses shall be issued per block face. The applicant
shall indicate in the application the block face( s) for which a license is sought and identify
merchants and other vendors within 100 feet of all points on the block face(s) and the
products or services sold by each.
3. A peddling vendor shall not:
3.1 Stop in one location for more than 15 minutes within the same hour
while conducting business;
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 by such merchant or vendor with regard to such applicant if a
license is granted to that applicant;
Public Vending
Administrative Rule R-3.336 - 15
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. The equipment must
be carried on the 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 Reserved.
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 these Regulations. 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 regulation or
section of the Eugene Code, 1971 alleged to have been violated; and shall be signed by the
person issuing the same.
3. Nothing in these regulations 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 Attorney 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 /0 day of March, 1994.
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Administrative Rule R-3.336 - 16