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(1) Sidewalk Commerce.

(a) Sidewalk commerce licenses shall be restricted to vending locations located within a geographical area on Kincaid Street from 100 feet north of 12th Avenue to 100 feet south of 13th Avenue. In assigning a vending location, the city shall consider the following:

1. Any license operating area requested by the applicant;

2. The licensed activities of any other sidewalk commerce enterprise in the same license operating area;

3. Other sidewalk uses in the license operating area;

4. The public health and safety, including the possibility of restricted visibility for persons using the public way;

5. Compatibility of the request with rules adopted under this chapter.

(b) A vending location may be assigned upon compliance with section 3.338 of this code.

(c) If the city manager finds that a sidewalk within a license operating area is being fully utilized for its primary purpose of pedestrian traffic, or that the issuance of a sidewalk commerce license will have an adverse impact on the primary use of the sidewalk because of existing levels of pedestrian use, the city manager may restrict or prohibit the issuance of sidewalk commerce licenses for a specified license operating area.

(d) At no time shall the city issue more than six sidewalk commerce licenses for a license operating area.

(2) Street Vendor.

(a) A street vendor shall:

1. Sell, offer for sale, or distribute only the items approved by the city;

2. Conduct business only from a vehicle legally parked alongside the curb;

3. Comply with all applicable federal, state and local laws and regulations.

(b) A street vendor shall not:

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. Increase traffic congestion or delay;

3. Create a hazard to life or property;

4. Stop on the traveled portion of any street or in any bicycle lane;

5. Stop in one location for more than fifteen minutes within the same hour while conducting business.

(3) Outdoor Cafes.

(a) The city manager or the manager’s designee, may issue a permit for an outdoor cafe allowing the service of food or beverages within a public right of way provided the following conditions are met:

1. The permit applicant assumes all risks associated with the use of the right of way;

2. The permit applicant lawfully operates a restaurant adjacent to the right of way for which the applicant seeks a permit;

3. The owner of the restaurant property consents to issuance of the permit;

4. The permit applicant demonstrates that the use of the right of way will not interfere with existing utilities, pedestrian use of the right of way nor pose a hazard to vehicular traffic;

5. The permit applicant obtains all other necessary state and local permits;

6. If the applicant seeks to use the right of way in front of properties contiguous to the restaurant, the applicant demonstrates that a restaurant is a permitted use for the contiguous property and the owner of the contiguous property consents to the issuance of the permit;

7. The permit applicant demonstrates that the use of the right of way will comply with all ordinances and codes of the city including but not limited to the structural safety, sanitation and fire codes;

8. The permit applicant demonstrates that seating in the right of way will be provided for no more than 20 persons or, if seating is provided for a greater number that off-street parking as required by chapter 9 of this code is provided in a ratio of no less than one parking space for each 4 seats over and above 20; This subsection does not apply to outdoor café permits in the downtown activity zone, as that term is defined in section 4.871 of this code;

9. The permit applicant demonstrates that the proposed use of the right of way is not inconsistent with the use for which the right of way was dedicated to the city.

(b) No outdoor cafe permit shall be issued for premises located within the downtown activity zone as defined by section 4.871 of this code except by an activity permit issued pursuant to section 3.341 of this code.

(c) A permit issued pursuant to section 3.341 of this code may be temporarily suspended if the public interest requires use of the right of way for a public event, construction, repair, or any other purpose.

(4) Downtown activity zone. Words and phrases used in this subsection shall have the meanings ascribed to them in section 4.871 of this code.

(a) Except for participants in a city sponsored event, no person or business shall conduct any of the following activities on public pedestrian areas within the downtown activity zone without first receiving an activity permit pursuant to section 3.341 of this code:

1. Any commercial pursuit except for personal solicitation, fund raising activities which do not involve the sale of goods, and street entertainment.

2. Placing a display or allowing a display in one’s charge to remain.

3. An activity, event, or performance for which admission is charged, and that occurs in or upon a specific area of public property which the coordinator or sponsor desires to reserve for its exclusive use.

4. Creating or continuing a noise disturbance.

(b) A permit shall be valid for the period of time specified on the permit, not to exceed six months, with the exception of a pushcart permit, which may not exceed one year.

(c) Except for the sale of written material, distribution of written material may occur without obtaining an activity permit. Distribution of written material is allowed provided any person making the distribution removes all distributed material discarded or abandoned on any part of the downtown activity zone within 200 feet of each place where the written material was distributed. Such removal shall occur every four hours or when distribution ceases, whichever first occurs. Failure to promptly remove such material may result in the city performing the removal required of the distributor and billing and collecting the cost from any person responsible. Any person or organization which fails to remove discarded written material distributed by that person or organization shall have committed a violation of this code.

(d) An owner or person in charge of property or a business located within the boundaries of the downtown activity zone shall keep free from litter or other debris those portions of sidewalks that abut the property or business.

(Section 3.344 added by Ordinance No. 19914, enacted April 28,1993, effective May 28, 1993; amended by Ordinance No. 19969, enacted July 21, 1994; Ordinance No. 20058, enacted September 9, 1996, effective October 9, 1996; Ordinance No. 20102, enacted December 8, 1997, effective January 7, 1998; Ordinance No. 20303, enacted November 24, 2003, effective December 24, 2003; and Ordinance No. 20322, enacted May 25, 2004, effective June 24, 2004.)