HomeMy WebLinkAbout2296 Business Licenses and Regulations - Fees for Street VendorsORDINANCE 2296
AN ORDINANCE RELATING TO BUSINESS LICENSES AND
REGULATION; REGULATING STREET AND SIDEWALK
VENDORS, TAKE-OUT WINDOWS AND DISPLAYS OF
MERCHANDISE ON SIDEWALKS OR STREETS AND
ADJACENT TO STREETS OR SIDEWALKS; ADDING A NEW
CHAPTER TO TITLE 5 OF THE PORT TOWNSEND
MUNICIPAL CODE (PTMC); AMENDING SECTION 3.36.015
OF THE PORT TOWNSEND MUNICIPAL CODE TO
ESTABLISH FEES FOR STREET VENDORS AND
ESTABLISHING AN EFFECTIVE DATE.
The City Council for the City of Port Townsend, after investigation, study and public
hearing, makes the following findings:
1. The City of Port Townsend ("City") is an historic place and contains a National
Historic District as well as numerous historic buildings and structures.
2. The population of the City has increased substantially over the past 5 years. This has
increased the number of buildings and space being occupied in the downtown central business
district; the number of businesses located in those areas; and the pedestrian and vehicle traffic
and parking demands for residents and shoppers.
3. The City, because of its historical heritage, parks, beauty, other features and
uniqueness has become a significant tourist center. Further, tourism and the number of people
and vehicles which it has brought have also substantially increased over the past two years.
4. The City has for years taken great pride in its historical buildings, open spaces,
shoreline and other features and has tried to maintain the unique character of the community
through its Comprehensive Plan, zoning and other land use controls, the recently adopted Urban
Waterfront Plan, the proposed Gateway Plan and other plans, studies and ordinances, the goals
of which have included the balancing of growth and continued construction with the desire to
maintain the character of the community, including its beauty and small-town convenience to
residents and travelers alike.
5. In the past and now more recently, the use of sidewalks and streets for business
purposes, including but not limited to displays of merchandise, food and beverage sales, other
retail activities, and other business uses, has increased. This has added interest and color to the
downtown street scene, increased the general clutter on certain City streets and sidewalks; and
created more crowded conditions for businesses, pedestrians, and vehicle travelers. It is
anticipated that such use will likely increase as other vendors seek to sell to the large number
of pedestrians on certain sidewalks, particularly during the summer months.
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6. The primary purposes of streets and sidewalks are for use and efficient movement of
pedestrians and vehicles. Use of streets and sidewalks for business activity is secondary, and
should be restricted to areas regulated in such a way that safety and convenience of pedestrians
and vehicles are maintained; and so that the aesthetic appeal of the City to its residents and
visitors is preserved.
7. It is also the finding of the City Council that only a limited number and type of street
merchants can be accommodated and still adequately provide for the primary purposes of use
of the streets and sidewalks for circulation. To assure that undue congestion does not occur,
street vending should be limited to simple goods such as flowers or foods and beverages to be
consumed immediately to reduce the time expected to be spent at the point of sale.
8. The City Council reserves to its own discretion adoption of regulations governing
private use of the public rights-of-way.
9. This ordinance seeks to accomplish these and other public purposes, and is in
furtherance of the health, welfare, and safety of the community. Now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND DO ORDAIN AS
FOLLOWS:
Section 1. Summary. This Ordinance establishes regulations for street vendors and merchandise
displayers on public streets and sidewalks and for vending operations on private property which
impact the use of sidewalks and public ways such as take-out windows and the use of vending
carts, trailers or other vending stands which are located adjacent to sidewalks or the public way.
Licenses are required for street vendors, who are subject to certain restrictions such as size and
placement of vending carts, goods permitted to be sold, etc. Permission must also be obtained
from the abutting property owner. Merchandise displayers (i.e., those displaying merchandise
in front of their shops without carts) are subject to certain restrictions, but need not obtain a
license.
Section 2. Purpose. It is the purpose of this Ordinance to provide for safe, efficient and
convenient pedestrian and vehicle travel upon the streets and sidewalks of the City; to protect
the beauty and aesthetic appeal of the City by controlling visual and physical clutter; to do so
herein by licensing, regulation and control of streets and sidewalk vendors and other business
purposes; to carry out the purposes as also hereafter expressed in this Ordinance; and to further
public health, welfare, and safety within the City.
Section 3. Definitions. Throughout the Ordinance, unless the context otherwise requires, the
following definitions shall apply:
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A. Abutting Property Owner means the owner of the building or lot immediately
fronting the proposed location of a vending cart or temporary stand.
B. Temporary Stand means any tables, chairs, or combination thereof, or any booth,
tent, trailer, storeroom, street or sidewalk stand, temporary and/or open lunch counter, sandwich
counter or soft drink and/or portable food containers, or other temporary place for the sale of
goods, beverages, or consumption or the sale of any wares or merchandise of any kind and
located upon or operated from alleyways, street or sidewalk easements, public streets or
sidewalks, or any other public space, or located directly adjacent to a public way or sidewalk
in such a fashion that direct access to the stand from a public right of way or sidewalk could
occur.
C. Vending Cart is a movable cart or vehicle that is operated from a fixed location from
which food, flowers and/or non-alcoholic beverages are offered or provided, or offered for sale
or sold, to the public with or without charge.
D. Street Vendor means any person, and their principals and agents, who engage or
conduct in the City of Port Townsend, either in one locality or in traveling from place to place,
a temporary or transient business for the purpose of selling, renting or soliciting offers for the
sale of beverages, remedies, food, wares, merchandise or products of any kind whatsoever, and
who, for the purposes of carrying on such business, use or occupy any temporary stand, vending
cart or take-out window on any public street, alley or sidewalk, or any part thereof, or on
private property adjacent to a public way or sidewalk where direct access to the business from
a public right of way or sidewalk could occur, for the purpose of exhibition and sale or rental
of such food, beverages, services, goods, wares, merchandise or products.
E. Person includes any person, partnership, corporation, association or other entity.
F. Merchandise Displayer means any person owning or operating a business of any kind
which displays goods, wares or merchandise on a public sidewalk, street or alley or on private
property adjacent to a public way or sidewalk where direct access from a public right of way
or sidewalk could occur.
G. Street Vendor License means the license provided by this Ordinance.
H. Hawking is loud, repeated oral solicitation of business by the Vendor or Displayer
or their agents, employees or contractors.
I. Director means the Planning and Building Director of the City, or his or her designee.
J. Take-Out Window means any window or opening into a structure through which
products of any kind are offered for sale directly to persons passing by on the sidewalk or public
way.
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Section 4. License Required, It shall be unlawful for any person to act as a street vendor or
operate a take-out window adjacent to public right of way unless that person or his\her
employees shall have first received a street vendor license. A street vendor license shall not be
required in order to display merchandise on a public sidewalk if the display is by the abutting
permanent business and conforms in all respects to the restrictions set forth in Section 7 of this
Ordinance. A street vendor license shall not be required for vending activities located on private
property where the vending cart, temporary stand, take out window or merchandise display is
set back from the public way or sidewalk by six (6) feet or more.
Section 5. Permit Application Procedure. The following procedure shall be utilized in reviewing
permit applications:
A. Application. Any person desiring to obtain a street vendor license shall apply
therefor to the City on forms provided bY the City and such application shall set forth as to each
principal street vendor applicant the following:
1. The name, address and telephone number of the principal applicant and
principal operator, if different.
2. The nature or character of the food, beverages, or flowers to be offered or
displayed by the applicant.
3. Name, address and both home and business telephone numbers of the
individual acting as manager or operator for the principal applicant.
4. The address of the abutting building of the proposed street or sidewalk location
of the business.
5. The name, address and telephone number of the abutting property owner of
the proposed street or sidewalk location.
6. The length of time during which it is proposed that the business or display will
be conducted.
7. The proposed hours of operation or display.
given time.
8. The maximum number of persons proposed to work at the location at any
9. Washington State Retail Sales Tax number of the street vendor.
10. City of Port Townsend Business License number of the street vendor.
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11. A drawing or set of specifications for any vending cart to be used which is of
sufficient detail to allow the Director to determine that the cart will be structurally sound and
safe.
12. Written approval on a form provided by the City, of the proposed vending site
from the abutting property owner.
13. The application shall be signed by the applicant and if the applicant is not the
actual street vendor, the applicant shall verify his or her authority to act as agent for the street
vendor.
B. Application Fee. The completed application shall be filed with the Director with a
non-refundable application fee in the amount set forth in Chapter 3.36 of the Port Townsend
Municipal Code. The Director shall not accept any application which appears incomplete or is
not accompanied by the required fee.
C. Application Review. The application, together with any additional information
deemed relevant by the Director, shall be reviewed by the Director to determine whether the
proposed business or display shall be permitted at the proposed location. This determination
shall be made within 14 days of the receipt of a complete application. In making his/her
determination, the Director shall apply the following standards:
1. That the application and proposed business are in complete conformity with
this Ordinance;
2. That the applicant and principals have conformed to this Ordinance and other
applicable regulations when previously operating vending carts;
3, That the abutting property owners have given their approval;
4. That any proposed vending cart will be structurally sound and safe for its
proposed use;
5. That the colors proposed for the vending facilities are consistent with the color
guidelines adopted by the Historical Preservation Commission unless the colors proposed have
been separately approved by the Historic Preservation Commission;
6. That the proposed business will be compatible with surrounding activities
including nearby businesses; and
7. That the proposed business and location will not intrude into the sidewalk
pedestrian zone pursuant to the Port Townsend Streetscape Design Workbook (Ordinance 2143)
and will not unreasonably interfere with use of the street or sidewalk right-of-way by pedestrians
or vehicles.
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E. Application Approval.
1. The Director shall approve the application' if the requirements of this
Ordinance have been met. However, the Director may specify reasonable conditions of approval
to insure compatibility of the proposed business including hours of operation.
2. If the requirements of this Ordinance have not been met, the application shall
be denied in writing addressed to the applicant, setting forth the reason for denial.
3. If an existing license is outstanding for the proposed location, a new
application shall not be approved unless the previous licensee terminates his/her license.
F. License Issuance. Upon approval of the application, a license will be issued to the
applicant after the applicant has submitted to the Director the following:
1. A copy of an approved sign permit, if applicable.
2. A copy of any applicable Health Department permit.
3. A copy of any applicable City business license or temporary business license.
4. Proof of liability insurance naming the City of Port Townsend as additional
insured in amount and policy provisions as approved by the Clerk-Treasurer of the City.
5. Payment of a non-refundable license fee in the amount specified in Chapter
3.36 of the Port Townsend Municipal Code.
Upon receipt of the above, the license shall be issued, which shall contain such
restrictions and conditions as contained in, and necessary to, properly administer the terms of
this Ordinance.
G. License Term. Each license shall be for a term not to exceed three (3) years,
commencing on January 1 of the calendar year in which the license is issued, and terminating
on December 31 st of the third next succeeding calendar year, unless otherwise revoked pursuant
to this Ordinance.
Section 6. License Regulations. The following regulations shall apply for all licenses issued
pursuant to this Ordinance:
A. Nontransferability. No license issued hereunder may be transferred or assigned to
any other person.
B. Display of License Required. The license shall be prominently displayed at all times
on the vending cart. The license shall be exhibited to any police officer or to the Director or
his/her designee upon his/her request.
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C. Compliance with Other Laws and Permits. The licensee shall at all times comply
with all laws, regulations and permits applicable to the licensee's business, provided, however,
that no off-street parking requirements shall exist or be imposed for any operation or that part
thereof being conducted solely under a license issued under this Ordinance.
Section 7. Business Regulations. The following regulations shall apply to all street vendor
license holders and merchandise displayers and their agents, employees and contractors, and to
the conduct, operation and location of the business:
A. Area Restrictions. If the location is a sidewalk, a minimum sidewalk clearance of
seven (7) feet shall be maintained between any vending cart or merchandise display and any
other fixed or temporary obstruction or planting. Vending carts shall be placed no further than
six (6) feet from the adjoining building face or right of way limit. Merchandise displays may
not be placed further than four (4) feet from the adjoining building face or right of way limit,
or otherwise in conformance with the Port Townsend Streetscape Design Standards (Ordinance
2143). If located on a street, the business shall be oriented and operated to sidewalk traffic and
not to vehicle traffic. No street vending cart or merchandise display shall be permitted, nor
shall any permit be issued for any area within the City other than the C-III Zone under the City
zoning ordinances.
B. Assigned Location. The street vendor shall at all times locate and operate the
business together with the vending cart in the assigned location. Mobile vending is not
permitted.
C. Size. The maximum permissible size for any vending cart shall be three (3) feet
wide by five (5) feet long by five (5) feet high, except that umbrellas which meet the other
provisions of this ordinance may be allowed, and except that incidental accessories may be
attached or placed within eighteen (18) inches of the ends of the cart where approved by the
Director. Take-out windows shall not exceed the maximum length for vending carts allowed
under these regulations.
D. Goods. Food, non-alcoholic beverages and flowers are the only goods permitted to
be offered, displayed or sold from vending carts. Merchandise displayers who are operating
without use of a_vending cart or temporary stand may display merchandise which is also on
display within the permanent, abutting building. No other goods, merchandise or services of
any kind are permitted.
E. RemoVal of carts and merchandise. Each vending cart and all merchandise must be
removed from the pUblic right-of-way upon close of business each day.
F. Loud Noises\Sound Devices. Mechanical audio or noise-making devices, sound
amplification or reproduction devices or hawking are not permitted.
G. False Statements. If at any time it is found that any false statements were made in
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the application, any license hereunder may be revoked.
H. Obstruction of Right of Way. No vending cart, temporary stand, take-out window
or merchandise display shall be location or operated in a way which unreasonably obstructs
pedestrian or vehicle traffic. No lines of persons or customers shall be permitted which reduce
the required sidewalk clearance.
I. Clean Up/Maintenance. Each vending cart or merchandise display site must be kept
clean and orderly at all times, and each street vendor shall provide a refuse container. Food
product vendors shall also provide recycling facilities.
J. Signs. All signs shall conform to provisions of the Sign Code, Port Townsend
Municipal Code 17.50, and any license issued hereunder. The total sign area displayed on a
vending cart shall not exceed six (6) square feet. No advertising shall be permitted of any
business or establishment other than the business licensed to operate the vending cart. Signage
for any street vendor licensed hereunder shall not be included in the allowable sign area of the
abutting building calculated pursuant to Chapter 17.50.
K. Annual Fee. An annual fee in the amount specified in Chapter 3.36 of the Port
Townsend Municipal Code shall be paid at the time of issuance of a street vendor license and
on or before January 1 of each succeeding Calendar year in which the license remains valid.
Section 8. Permit Re-Registration. Whenever a licensed vendor ceases doing business in the
City for a period of thirty (30) days or more, prior to resumption of business, the vendor shall
register by notifying the Director in writing. Any such re-registration shall not be valid beyond
the three year term of the original license.
Section 9. Permit Revocation.
conditions:
A.
B.
C.
A license may be summarily revoked under the following
Failure to comply with any of the terms of this Ordinance;
Failure to comply with the terms of the license;
Misrepresentation of facts in the licensee's application for the license or any other
necessary permit;
D. Creation of any unreasonable hazard to the public health or unreasonably interfering
with parking availability, vehicle or pedestrian access or travel;
E. Whenever a licensed vendor ceases doing business within the City for a period of one
hundred eighty (180) days, or for any consecutive fourteen (14) day period between April 15
and October 15 of any Calendar year;
F. As otherwise provided for herein.
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Section 10. Exemptions. The following persons and activities shall be exempt from the licensing
requirements under this Ordinance:
A. Newspaper carders and newspaper dispensing machines.
B. Non-profit civic, charitable, fraternal, religious and youth organizations, such as
Little l_~..ague, Boy Scouts, Girl Scouts, and similarly situated non-profit organizations operating
for short term special events or activities.
C. Those temporary activities authorized and permitted by Chapter 5.80 of the Port
Townsend Municipal Code.
Section 11. City Not Liable. Neither the City of Port Townsend, nor its officers, agents,
employees or contractors, shall be liable for any claim, loss, injury or damage to persons or
property of whatsoever kind or nature, caused in whole or in part by or arising directly or
indirectly out of the issuance of any license hereunder, or the conduct or operation of any such
street vending business or merchandise display by any person. As a further condition to issuance
of any license hereunder, the City may require the licensee to execute, in such form and
substance as is acceptable to the City, a hold harmless and indemnification agreement by which
the licensee agrees to hold harmless and indemnify the City, its officers, agents, employees and
contractors from and against any and all liability arising out of the conduct and operation of the
licensee's business.
Section 12. Appeals. Any decision made by the Director hereunder may be appealed in writing
by the aggrieved party to the City Council within twenty-five (25) days following the date of the
decision. Any and all such appeals shall be subject to the procedures and fees established in
Chapter 1.14 (Ordinance 2275).
Section 13. Decisions Final. Any decision, finding, ruling, order or determination of the
Director or the City Council made pursuant to this title shall be final at the time a final order
or decision is issued in written form, and no action to set aside or modify the same shall be
brought in the Superior Court or other tribunal unless the action shall be filed within thirty days
from the effective date of such decision, finding, or ruling, order or determination.
Section 14. Violations/Penalties. Any person who is found to have violated any term or
provision of this Ordinance or of any permit hereunder shall be guilty of a civil infraction.
For the first such infraction, the civil penalty shall be in the amount of $200. For the
second infraction by the same person within a period of two (2) years, the penalty shall be $400.
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Upon the third violation within a period of two (2) years, such violation shall constitute a
misdemeanor, and be publishable upon conviction by a fine in any sum not to exceed three
hundred dollars, or by imprisonment for a term not exceeding ninety days, or by both fine and
imprisonment.
Any civil penalties hereunder may be collected in a civil action in any court of competent
jurisdiction. The City may also seek injunctive relief in Superior Court to restrain any violations
of the provisions of this ordinance.
Prior to any person being charged with a violation, the City shall mail written notice of
the alleged violation to the person at the address shown on the license, giving the person five
(5) days to cure the violation. Upon failUre to cure, a citation or complaint may issue.
Section 15. Severability. In the event any one or more of the provisions of this ordinance shall
for any reason be held to be invalid, such invalidity shall not affect or invalidate any other
provision of this ordinance, but this ordinance shall be construed and enforced as if such invalid
provision had not been contained therein; provided, that any provision which shall for any reason
be held by reason of its extent to be invalid shall be deemed to be in effect to the extent
permitted by law.
Section 16. Section 3.36.015 of the Port Townsend Municipal Code is hereby amended to read
as follows:
3.36.015 Fees--Building and land use. Application and service fees for the various
building and land use applications, permits and agreements shall be as follows:
A. For rezones, the sum of two hundred fifty dollars;
B. For application for amendment, supplementation or modification to the text of the
zoning code (Title 17), seventy-five dollars;
C. For variances, the sum of one hundred seventy-five dollars for single-family
residences; three hundred dollars for other uses;
D. For street vacations, the sum of two hundred fifty dollars;
E. For conditional use permits, the sum of two hundred fifty dollars;
F. For short subdivision approval, the sum of three hundred dollars;
G. For subdivision, condominium, binding site plan or planned unit development
approval, the sum of four hundred dollars, plus an additional five dollars for each lot or dwelling
unit proposed;
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H. For building permits, the fees and charges set forth in the Uniform Building Code,
as currently adopted by the city;
I. For home occupation permits, the sum of forty dollars;
J. For sign permits, twenty-five dollars, plus an additional five dollars for each additional
sign included in the permit;
K. Preparation of legal agreements, forty dollars;
L. For boundary line adjustments, forty dollars;
M. For street vendor licenses, an application fee of Fifty (50) dollars, and an annua!
license fee of Three Hundred and Fifty (350) dollars payable upon issuance of the license and
on January of each succeeding calendar year for which the permit remains valid.
Section 17. Effective Date. This ordinance shall become effective five (5) days after its passage
and publication.
Read for the first time on and for the second and third times and
passed~ the City Council of the City of Port TOwnsend, Washington, at a regular meeting
th~ day of Mal,_ 1992.
13y --1 ~_ .. -,_,.
Jo~' Clise, Mayor
Attest:
David A. Grove, City Clerk
First Reading:
Second Reading:
Third Reading:
Publication Date:
Effective Date:
Approved as to form:
Dennis McLerran, City Attorney
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