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Home My WebLink AboutOrdinance 17-1999 , ORDINANCE NO. 17-99 AN ORDINANCE TO PROVIDE FOR SAFETY GUIDELINES AND FOR THE LICENSING OF OUTDOOR SITES FOR TEMI'ORARY MERCHANTS BE IT ORDAINED BY THE GOVERNING BODY OF TI�CITY OF BROOKINGS Sec. 28-i. Definitions ADD..... A "temporary merchant" is any person, firm, corporation, partnership or association, or agent thereof who establishes a temporary business offering wholesale or retail goods for sale in an outdoor location. ARTICLE III. LICENSE FOR PROVIDING SITES FOR TEMPORARY MERCHANTS Sec. 28-18. No person shall lease to or allow occupancy by three (3) or more temporary merchants during the week of the Brookings Summer Arts Festival or during other events as designated from time to time by resolution of the City Commission without first securing a license to lease to temporary merchants for each lot or pazcel of land so leased to a group of temporary merchants. 5ec. 28-19. Application to obtain a license to lease to temporary merchants. A property owner or agent shall file with the Finance Officer for the City of Brookings an application stating his or her name and residence; description and identification of the place in which he or she proposes to do business; the dates he or she intends to lease; and the name, address and type of business of the persons to whom he or she intends to lease temporary merchants sites or booths. Sec. 28-20. License fee. The temporary merchants site leasing license fee shall be $100.00 for the first three (3) sites or booths and $10.00 for each additional booth site for a ma�mum period of fourteen (14) days, or a fraction thereof. The Finance Officer shall note on the license the time period for which it is effective. On filing the application and payment of the fee prescribed in this Article, the Finance Officer shall issue a license to the applicant to do business at the place described in the application and for the time which the license fee has been paid in advance. . . P Sec. 28-21. Temporary structures Temporary structures such as vending stands, reviewing stands and other miscellaneous structures, sheds, canopies, tents, awnings and fences may be erected. Sec. 28-22. All temporary structures associated with any license issued in pursuant to Section 28-20 shall be dismantled upon the expiration of the time limit stated in the permit and shall be removed from the premises within three (3) days of expiration of the permit. If the structure is not removed within three (3) days from the expiration of the permit, the City may remove the structure and charge the cost of removal to the owner. The City may bring an action in Magistrate or Circuit Court for recovery of said costs. Sec. 28-23. Location of temporary merchants Temporary merchants shall only be located on private property which is properly zoned. Temporary merchants shall not be allowed on public street rights-of-way. If a designated community event is held on public property, the committee controlling the designated event shall obtain the license as required by this chapter. Sec. 28-24. Structures and setbacks An individual site must contain a minimum space of 100 square feet with its narrowest dimension at least ten feet (10'). Booths can be placed back to back but there must be a twelve (12) foot walkway or emergency access between rows of booths. �Vo booths shall be set on boulevaxds or sidewalks, and there must be a four foot(4') setback from the sidewalk. Sec. 28-25. Restroom facilities At least one (1) restroom facility shall be provided on site for vendors and the public if ten (10) booths are located on the licensed property. For every additional twenty (20) booths, another restroom facility shall be provided. Restroom facilities shall be located so that they can be serviced during the period of use. Sec. 28-26. Storage of inerchandise � It shall be unlawful to store or place merchandise outside of the booth space if it encroaches upon any required walkway, emergency access, sidewalk or public property. Sec. 28-27. Issuing authority All licenses for leasing of sites for temporary merchants shall be issued by the City Finance Officer. Sec. 28-28. Site plan The City Finance Officer shall require the applicant to file a site plan drawn to scale showing the location and size of all leased sites, restroom facilities, walkways and emergency access upon the lot. Sec. 28-29. Property owner's responsibility No property owner shall permit the placement of temporary booths upon their property unless the property is licensed as provided herein. Sec. 28-30. Penalties A violation of this ordinance shall subject the violator to a fine of up to two hundred dollars($200.00). Each day a violation takes place shall constitute a separate offense. First Reading: June 8, 1999 Second Reading: June 22, 1999 Published: June 28, 1999 CITY OF BROOKINGS �\�,�o��o°fo,,�� Mayor A�fi1�'�: � . �''e.• �o'� �'S� �� 1� Finance Officer �. : : ; �� CI�'Y ENGINEER'S OFFICE LETTER OF TRANSMITTt . 311 Third Avenue P.O. Box 270 Brookings, SD 57006-0270 DATE / ;r � _ � JOB NO. (605) 692-6629 7 Fax (605) 692-6907 ATTENTION R E: �~ � I�L �� b C J;� � ��.. i ( ''%� ✓ � S TO � r F?�Ttv'z fY-d �•,^' '� ��e-�� !!J�Y��'�`c , WE ARE SENDING YOU � Attached ❑Underseparate covervia the foliowing items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION l 3_��9-} ��,�-tt 5 ►� v�d�� ,,�.�. //'r��d �.�- So Gu.;�(� ��'��s QL✓l i^ h s G 2-v� � l.t ��Di^ S J" TL�� i^ �'1 �rc– � THESE ARE TRANSMITTED as checked below: ❑ As requested ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted — � For review and comment ❑ REMARKS C 1`�-i �7�di'r1 t-u G/��.r�v 6't�T S' C L`c c u�•rL . �`?�c 7` f"�-� q�/r� � a�l� 1��^a �t � _`-� � �-,�2- �� `s i n �� -��- ;,Frs�` /1�-' C/ lY ( f/ GtJ �Gl� \S (� �cz' �r,. �.� � '� � LZ. v^ GJCU/ C �� 7 `L•` �zr `s'c.d �� G� / y /T�' s l'Lrr71.'�0•/ ..J-- �-t:�/ f�G � r,G � �C�(�� T /9 �'� � � , l`r �c` i« fs � s7`��L�«-l' ot/��- Zc..�-�,� � � d J C7'I.� �J1/tL � / t �fiY/ �C S D GlL.T�/C)7.` s f �-.� �� ,>/ � i -Zv�K� I S �-��1�f-c� 'T>'^ ��/��LJ � '�Y�S�'[__ f�Slr/'c"� S//zi� � �./ / � � /� 4 �v/ I �/ �D+^a�w/ /jY1�—�^�-`t a-c�.�i -�'� l�« �z.cc. 7�t� / ��,-�c� � �vr�-ct,� 'nL- �C Z eL- /�S UC, �/` S JL �f 1Y'G'G l�7 7�� '�'-�G �YV U/ , s �' , ` COPY TO SIGNED: !f enclosures are nof as noted,kind/y notify us at �e. �/ � � ` 3/22/99 D RA FT #5 ORDINANCE NO. AN ORDINANCE TO PROVIDE FOR SAFETY GUIDELINES AND FOR THE LICENSING OF OUTDOOR SITES FOR TEMPORARY MERCHANTS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS Sec. 28-1. De�nitions ADD..... A "temporary merchant" is any person, firm, corporation, parfnership or association, or agent thereof who establishes a temporary business offering wholesale or retail goods for sale in an outdoor location. ARTICLE II1. LICENSE FOR PROVIDING SITES FOR TEMPORARY MERCHANTS Sec. 28-18. No person shall lease to or allow occupancy by three (3) or more temporary merchants during the week of the Brookings Summer Arts Festival or during other events as designated from time to time by resolution of the City Commission without first securing a license to lease to temporary merchants for each lot or parcel of land so leased to a group of temporary merchants. Sec. 28-19. Application to obtain a license to lease to temporary merchants. A properfy owner or agent shall file wifih the Finance Officer for the City of Brookings an application stating his or her name and residence; description and identification of the place in which he or she proposes to do business; the dates he or she intends to lease; and the name, address and type of business of the persons to whom he or she intends to lease temporary merchants sites or booths. Sec. 28-20. License fee. The temporary merchants site leasing license fee shall be $100.00 for the first three (3) sites or booths and $10.00 for each additional booth site for a maximum period of fourteen (14) days, or a fraction thereof. The Finance Officer shall note on the license the time period for which it is effective. On filing the application and payment of the fee prescribed in this Article, the Finance Officer shall issue a license to the applicant to do business at the place described in the application and for the time which the license fee has been paid in advance. C:\ord\temp-mer.doc . �i i � . � + - . ' 3/22/99 D RA FT #5 Sec. 28-21. Temporary strucfiures Temporary structures such as vending stands, reviewing stands and other miscellqneous structures, sheds, canopies, tents, awnings and fences may be erected. Sec. 28-22. All temporary structures associated with any license issued in pursuant to Section 28-20 shall be dismantled upon the expiration of the time limit stated in the permit and shall be removed from the premises within three (3) days of � expiration of the permit. if the structure is not removed within three (3) days from the expiration of the permit, the City may remove the structure and charge the cost of removal to the owner. The City may bring an action in Magistrate or Circuit Courf for recovery of said costs. Sec. 28-23. Location of temporary merchants Temporary merchants shall only be located on private property which is properly zoned. Temporary merchants shall not be allowed on public street rights-of-way. If a designated community event is held on public properfy, the committee controlling the designated event shall obtain the license as required by this chapter. Sec. 28-24. Structures and sefibacks An individual site must contain a minimum space of 100 square feet with its narrowest dimension at least ten feet (10'). Booths can be placed back to back but there must be a twelve (12) foot walkway or emergency access between rows of booths. No booths shall be set on boulevards or sidewalks, and � �: there must be a four foot (4') setback from the sidewalk. . Sec. 28-25. Restroom facilifiies At least one (1 ) restroom facility shall be provided on site for vendors and the public if ten (10) booths are located on the licensed property. For every additional twenty (20) booths, another restroom facility shall be provided. Restroom facilities shall be located so that they can be serviced during the period of use. C:\ord\temp-mer.doc ' d . � . . . , ! • � = • 3/22/99 DRAFT #5 ' Sec. 28-26. Storage of inerchandise It shall be uniawful to store or place merchandise outside of the booth space if it encroaches upon any required walkway, emergency access, . sidewalk or public properfy. Sec. 28-27. Issuing authority All licenses for leasing of sites for temporary merchants shall be issued by the City Finance Officer. Sec. 28-28. Site plan The City Finance Officer shall require the applicant to file a site plan drawn to scale showing the location and size of all leased sites, restroom facilities, walkways and emergency access upon the lot. Sec. 28-29. Property owner's responsibility No property owner shall permit the placement of temporary booths upon their properfy unless the property is ticensed as provided herein. Sec. 28-30. Penalties A violation of this ordinance shall subject the violator to a fine of up to two hundred dollars (�200.00). Each day a violation takes place shall constitute a separate offense. First Reading: (� � �� q / Second Reading: G � � 2 _ � � Published: � 2 � _ � � � � CITY OF BROOKINGS Mayor ATTEST: � Finance Officer C:\ord\temp-mer.doc