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Ordinance - 2010 - 644 - Amending Title 3/Mobile/Non-Mobile Food Vendors - 05/11/2010 ORDINANCE NO. 644 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SECTION 3-4-11, EAGLE CITY CODE, TO PROVIDE CRITERIA FOR MOBILE FOOD CONCESSIONS AND NONMOBILE FOOD CONCESSIONS, AND PROVIDING EFFECTIVE DATE WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State ofIdaho; and WHEREAS, the Mayor and Council have determined that good cause exists for amending Title 3 "Business and License Regulations"; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho; Section I: That Title 3 "Business and License Regulations", Chapter 4 "Vendors, Solicitors And Temporary Merchants", Section 2 "Definitions" be and is hereby amended, in part, with the underlined text added and the strikethrough text deleted to read as follows, with the remainder of Title 3 to remain unchanged: VENDOR CART: A movable and/or wheeled cart designed to be propelled by human power and operated bv a vendor standing adiacent. Goods sold from a cart mav include but are not limited to perishable and non-perishable food items, merchandise, and sundries. VENDOR STAND: A non-permanent, immobile structure, booth, stall, counter or the like operated by a vendor standing on or within the frame of the structure, booth, stall, counter or the like. Goods sold from a stand may include but are not limited to perishable and non-perishable food items, merchandise, and sundries. Section 2: That Title 3 "Business and License Regulations", Chapter 4 "Vendors, Solicitors And Temporary Merchants", Section 11 "Restrictions" be and is hereby amended, in part, with the underlined text added and the strikethrough text deleted to read as follows, with the remainder of Title 3 to remain unchanged: 3-4-11: RESTRICTIONS: A. Location: No licensee hereunder shall have any exclusive right to any location in a public street, nor shall he/she be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a public safety officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. No business activity shall be carried on in any area of the city by any licensee who is licensed pursuant to this chapter, where such business activity is prohibited by the city of Eagle zoning ordinance. This license does not pre:clude the issuance of other permits by the parks department in public parks or the granting of permission to sell and/or operate on private property by its owners. B. Hours Of Operation: Vendors, canvassers, solicitors shall be allowed to engage in their licensed business only between nine o'clock (9:00) A.M. and sunset unless located in a commercially zoned area. All vending stands, carts or vehicles must be removed from public property during non-vending hours. For special events, the city may make an exception to the usual hours of operation. Page I of 4 k:\councilldraft ordinances\vendor pz2.docx C. Removal Of Trash: All trash or debris accumulating within twenty feet (20') of any vending stand shall be collected by the vendor and deposited in trash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands. D. Prohibited Areas: Any duly authorized public safety officer shall prohibit vendors from selling on specified public ways if he determines such prohibitions are necessary for the protection of public health and safety. Vendor carts, stands, and motor vehicles are prohibited within fifteen feet (15') of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fire station, police station, or hospital. (Ord. 297, 7-8-1997) E. Nonmobile Food Concession: One nonmobile food concession vendor will be allowed per municipal park at the discretion of the city council. Procedures for vendor selection shall be adopted via resolution and kept on file for review at the city clerk's office. F. Planning And Zoning Approval: All vendors and temporary merchants must receive written approval from the Eagle planning and zoning department for the proposed site, design and signage pursuant to the conditions herein prior to submittal of their application. After being licensed for two (2) years and having made no modification to their site location and design criteria, this requirement may be waived. For the purposes of this section and in conformance with the terms "Vendor" and "Temporary Merchant" as defined in ECC 3-4-2, a stand, cart, mobile food concession, or nonmobile food concession includes but is not limited to vehicll~s, canopies, displav racks, and items placed on the ground. L Written approval may be issued by the Eagle planning and zoning department upon finding that a vendor or temporary merchant: a. Operates only in a commercially zoned distrh~ b. Does not operate on any private property that is vacant or contains a structure (use) that is unoccupied or dormant or dilapidated. Active and occupied parcels and uses in combination that are considered non-conforming may be e:ligible for siting provided that the stand, mobile food concession, or nonmobile food concession does not expand the land area of the parcel or is situated in a manner that expands the non-conformity of the site; c. Will not operate in such a manner as to re:duce the amount of parking spaces below the minimum required for the principal use upon which the vendor or temporary merchant operation is proposed. 2. In addition, the following criteria shall apply to all vendors and temporary merchants: a. A stand, cart, mobile food concession, or nonmobile food concession must be designed and built meeting normal building industry standards, used in a safe manner, and meet all requirements of the Central District Health n~partment as may be necessary. b. A stand, cart, mobile food concession, or nonmobile food concession shall not exceed sixty- four (64) gross square-feet in size and no more than twelve (12) feet in height. c. Support equipment and accessories, other than a generator, must not extend more than two (2) feet from the edge of the stand, cart, mobile food concession, or nonmobile food concession in any direction and shall not b~ placed so as to impede pedestrian or vehicle traffic. Canopies or other covers, whether stand-alone or used on a stand, cart, mobile food concession, or nonmobile food concession, must be securely fastened. Such covers shall have a minimum vertical clearance of eight (8) feet and must not extend more than four (4) Page 2 of 4 k:\council\draft ordinances\vendor pz2.docx feet from the edge of the stand, mobile food concession, or nonmobile food concession in any direction. d. A stand, cart, mobile food concession, or nonmobile food concession shall maintain a clear pedestrian passage on the public sidewalk of no less than five feet wide; shall not block any vehicle travel way; shall not be positioned within a driveway or within ten (10) feet of either side of the driveway; shall not be positioned within a doorway or within five (5) feet of either side of the doorway; nor in a manner that impedes movement or visually obstructs pedestrians and vehicles using the public rights-of-way. e. Stands, carts, mobile food concessions, and nonmobile food concessions shall not be locked or chained to a tree, street light, or other street furnishings. f. Stands, carts, mobile food concessions, and nonmobile food concessions shall be designed to be aesthetically pleasing, generally in compliance with the requirements prescribed in ECC 8- 2A, and maintained to have a neat and clean appearance at all times. g. A stand, or nonmobile food concession may be permitted to have tables and chairs and umbrellas provided they are contained within a twenty (20) foot radius of the main service window. All tables and chairs and accessories shall be stored either within the stand or nonmobile food concession or off-site during non-business hours. h. Overhead utility service connections are not permitted. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk, in a vehicle travel way or parking lot, or within any landscaping. City street light facilities shall not be used in any way to supply electrical service to a vendor site. 1. Vendors must provide trash receptacles and waste removal adiacent to or as a part of their operations. All spilled food, beverages, grease, or other trash or debris resulting from the operation of any stand, cart, mobile food concession, or nonmobile food concession shall be cleaned and collected by the vendor and deposited in the vendor's trash receptacle. The vendor is prohibited from depositing waste, ice, and any grey or waste water into sidewalk waste receptacles, privately owned dumpsters, City planters, parking lot drains or the street drainage system. J. Stands, carts, mobile food concessions, and nonmobile food concessions shall be maintained in such a manner that prevents the spilling or splattering of grease, water, food, or trash on any ground where the cart, trailer, or vehicle is located. The stand, mobile food concession, or nonmobile food concession owner shall be responsible for the cleaning and repair of any ground soiled, stained, or damaged by the placement and operation of their business. k. Any stand, cart, mobile food concession, or nonmobile concession proposed to be located within the public right-of-way under the iurisdiction of the Ada County Highway District (ACHD) or the Idaho Transportation Department (IT])) shall only be permitted if a copy of a signed License Agreement from ACHD or ITD is provided to the City. I. A vendor proposing to operate a stand, cart, mobile food concession, or nonmobile food concession shall submit an application with accompanying fee to the planning and zoning department on a form prescribed by the zoning administrator. 1:. Fireworks stands are exempt from the provisions of 3-4-11(F). Vendors remain subiect to the conditions of this Title and those controls set forth in Idaho Code Title 39, Chapter 26 regulating fireworks stands. Section 3: This Ordinance shall take effect and be in force upon publication. Page 3 of 4 k:lcouncilldraft ordinanceslvendor pz2.docx DA TED THIS 0,117 t - CITY OF EAGLE Ada County, Idaho dayof fJJj ,2010. /ACTING MAYOR HARO . BERGMANN CITY ~"~....",,, ...." .....aL:E "" .... ~r;........." '-_ (se~)s- .... po" E ., '\ : : 0'" 0 ': . >-.. q, , '::c- : """" \. oQ:' · ~~I.....: - - , '\. -:.....- :0.1,) ~ ~CJ: ~ · ':t ~."".:' \ ....... INro~~ O~ ..'~ ...... ....... ~ '" .'" ST A. i "", -.""'1111"" ..' Page 4 of 4 k :\council\draft ordinances\vendor pz2.docx RECEIVED & FILED CITY OF EAGLE JUN 3 0 2010 Valley Times P.O. Box 1790 - Eagle, Idaho 83616 Flie. Route tr. LEGAL ADVERTISING PROOF OF PUBLICATION Account C1 d r Ea AA Address: (DG c) - (; c Lute June 7, 2010 Identification: Ltsn a n '-0 iV c' CO 4 L) - 1- -2-61 Run Dates: CQ-VLt ID Vit, 16 t11U1JIOCT LIIIC, ORDINANCE NO. 644 AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, AMENDING SECTION 3-4-11, EAGLE CITY CODE, TO PROVIDE CRITERIA FOR MOBILE FOOD CONCESSIONS AND NONMOBI.E FOOD CONCESSIONS, AND PROVIDING EFFECTIVE DATE WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under the laws of the State of Idaho; and WHEREAS, the Mayor and Council have determined that goad rouse exists for ammdmg Title 3 "Business and License Regulations"; and NOW, THEREFORE, BE 1T ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada County, Idaho Sadism 1: That Title 3 `Business and License Regulations", Chapter 4 "Vendors, Solicitors And Temporary Merchants", Section 2 "Defimt,ons" be and is hereby amended, in past, with the underlined test added and the strlkethougb deleted to red as follows, with the remainder of Title 3 to remain unchanged: VENDOR CART: A movable andfor wheeled cart designed to be morselled by humus 'sower and &aoi_eSaE_mlo includenotJintiled to perishable and nun -perishable food items. merchandise. and sundries. VENDOR STAND: A nonpermanent immobile structure. booth. stall counter or the like operated by a vendor standing on or within the frame of the structure. booth, stall counter or the like. Goods sold from p stand may %elute but are not limited to perishable and nan.eaishable food items. merchandise. and sardrim. That Title 3 "Business and License Eegidations". Chapter 4 "Vendors, Solicitors And Temporary Merchants", Section 11 "Restrictions" be and is hereby amended, in part, with the padertined tact added and the stnIcethrough tiau deleted to read as follows, with the remainder of Title 3 to musk 3x-11: RESTRICTION& A. Location: No licensee hereunder shall have any exclusive right to any location in a public street, nor shall hdshe be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a phi's safety officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inoortvenlcnced. No business activity shall be carried on in any area of the pry by any licensee who is licensed pursuant to this chapter, where such business activity is prohibited by the city afEagle zoning ordinance. This license does not preclude the issuance of other permits by the parker department in public parts or the granting of permission to sell and/or operate on private pmpaty by its owners. B. Hours Of Operation: Vendors, canvassers, solicitors shall be allowed to engage in their licensed business only between nine o'clock (9011) A.M. and sunset unless located in a commercially zoned area. All vending stands, cars or vehicles must be removed from public property during non -vending bouts. For special evens, the city may make an exception to the usual haps of operation. C. Removal Of Trash: All trash or debris ettumulemug within twenty feet (20') of any vending stand stall be collected by the vendor and deposited m hash containers. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands. D. Prdsbited Areas: Any duly audtotized public safety officer shall prohibit vendors from selling on specified public ways if he determines such ptobbitio s are necessary for the protection of public health and safety. Vendor cars, stands, and motor vehicles are prohibited within fifteen feet (15) of a fire hydrant, fire escape, bus stop, loading zone, or driveway of a fite station, police station, or • ImspdsL (Ord. 297.7-5-1997) 11 E. Nonmoblle FoorlConaasion: One nonmobile food concession vendor will be allowed per municipal park at the discretion of the city council. Procedures for vendor selection shall be adopted via 2� S( Amount 2.57 ,Z" omason, being duty sworn, deposes ays: That he is the Principal Clerk of s, a weekly newspaper published at County, State of Idaho; that the said er is in general circulation in the said if Ada, and in the vicinity of Meridian, Eagle, and has been uninterruptedly hed in said County during a period of t consecutive weeks prior to the first is notice, a copy of which is attached and that the notice was published in is, in conformity with Section 60-108, ;ode, as amended, for 1 time(s) I r and entire issue of said paper, and n the newspaper proper, and not in a It and that said notice was published on the following dates: g re -a) 0 STATE OF IDAHO ) )SS COUNTY OF ADA' day of,.- in the year of 20$Q a Notary Iiublic, personally appeared ern or identified to me to be the person is subscribed to the within instrument m rst duly sworn, declared that the re, , d acknowledged to me that he executed the same. Notary Public for Idaho Residing1 .7/1l/ ID ommission expires: