HomeMy WebLinkAboutOrdinance 15-019 Ordinance 15-019
An Ordinance Amending Chapter 74, of the Code of Ordinances
of the City of Brookings, South Dakota to include Division 2, and
Pertaining to the Regulation of Temporary Vendor Permits in the City of
Brookings
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
DIVISION 2. - TEMPORARY VENDOR PERMIT
Sec. 74-61: - Temporary vendor permit; fee required.
It is unlawful for any temporary vendor to engage in such business upon any sidewalk in
the central business district without first obtaining a permit as required by this division. A
fee shall be paid for said permit as set by resolution from time to time by the city council.
Sec. 74-62. -Application. -
An application for a temporary vendor permit shall be submitted to the city with the
following information:
(1) Applicant's name, address and phone number (personal and business);
(2) Applicant's drivers license number and date of birth;
(3) Type(s) of food, beverage or merchandise to be sold;
(4) Tax ID number and other state required license information (food service license,
etc.);
(5) Photo of device, if any, to be used for vending;
(6) Certificate of insurance with the City of Brookings named as an additional insured
($1,000,000.00 for food and $25,000.00 for merchandise);
(7) Site map showing exact location on sidewalk of operation, including maximum
length and width of proposed space to be used, or showing blocks of operation for
push-cart.
(8) A description and photo image of all proposed signage used on the stationary or
mobile vending cart or umbrella.
Sec. 74-63. - Restrictions and operational limits.
(1) No permit may be used for the sale of food, beverages or merchandise which is not
described on the application.
(2) Food, beverages and merchandise may be sold only to pedestrians. Soliciting
motorists is strictly prohibited.
(3) No permit may be granted for a period exceeding 30 consecutive days. Renewals
may be permitted, subject to the applicant's compliance history.
(4) Glass containers are prohibited.
(5) The permit is not transferable in any manner.
(6) The permit is valid only at the location shown on the application.
(7) All vendors must have a trash receptacle.
(8) The use of any noise producing devices is prohibited.
(9) Total signage may not exceed eight square feet. Freestanding signage and
electronic signage is prohibited.
(10)No vendor shall sell food or beverages between the hours of 2 a.m. and 6 a.m.
Hours of operation are not limited on private property.
Sec. 74-64. - Misrepresentation.
It is unlawful for any temporary vendor to make false or fraudulent statements
concerning the quality or the nature of its goods, wares, merchandise or services for the
purpose of inducing another to purchase the same.
Sec. 74-65. - Suspension or revocation.
The city may suspend or revoke any permit issued pursuant to this division if false
information was submitted in the permit application or if any local, state or federal law or
regulation has been violated by the permittee.
Sec. 74-66. – Penalties.
A violation of this article shall subject the violator to revocation of the permit and a fine
of up to $200.00. Each day a violation occurs may constitute a separate offense.
Secs. 74-67-74-95. - Reserved.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: September 8, 2015
Second Reading: September 22, 2015
Published: September 25, 2015
CITY OF BROOKINGS, SD
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ari Thornes, City Clerk