HomeMy WebLinkAboutOrdinance 09-2011Ordinance No. 09 -1 1
An ordinance providing for the sale of food, beverages and merchandise by
temporary vendors upon sidewalks in the Central Business District in the
City of Brookings
Be it ordained by the Council of the City of Brookings, State of South Dakota that Article II. of
Chapter 74 of the Code of Ordinances shall be amended as follows:
Section I.
DIVISION 1.5. USE OF SIDEWALKS AND STREETS IN THE CENTRAL BUSINESS DISTRICT
Subdivision A. Placement of Advertising, Decor, Merchandise, and Articles on Sidewalks in the
Central Business District. (Ord. No. 26 -03, § I, 9 -9 -2003)
Sec. 74 -34 - Placement and sale of goods and articles on sidewalk or street
No person shall place any advertising, decorative articles, merchandise, tables or other articles
upon any sidewalk or street in the city unless otherwise permitted by this chapter, except that,
for the purpose of loading or unloading, such articles may be placed upon the sidewalk or
street for such time as may be necessary to load or unload the same. In no instance shall any
such articles be left upon the sidewalk or street after sunset and before sunrise in such a way as
to obstruct the sidewalk. Outdoor sale of merchandise and placement of outdoor advertising
and decorative structures in the Central Business District shall be subject to the regulations set
forth in this subdivision.
Sec. 74 -35 - Definitions.
The following definitions shall apply when used in this subdivision:
Central Business District means the zoning district defined by that name in the Zoning Ordinance
of the City of Brookings.
Merchandise includes goods and items for sale, including plants, flowers, wearing apparel,
jewelry, ornaments, art work, household or office supplies, books, and other goods or wares,
but excludes food or beverages of any kind.
Outdoor advertising and decorative structures includes, but is not limited to menu boards, benches,
flower pots, portable signs.
Outdoor merchandise area means an area in front of or adjacent to a retail business where
merchandise is located on a public sidewalk for the purpose of displaying, exhibiting, selling or
offering merchandise for sale.
Sidewalk means all that area legally open to public use as a pedestrian public way between the
curb line and the public right -of -way boundary along the abutting property.
Temporary Vendor means any person or persons who engages in the sale to the public of any
food or food products, goods, services, or merchandise of whatever nature, from either their
person or mobile or stationary device, on a temporary basis on any sidewalk in the central
business district.
Sec. 74 -36 - Outdoor merchandise areas, outdoor advertising and decor permitted in central
business district.
Outdoor sale of merchandise and placement of outdoor advertising and decorative structures
are permitted on sidewalks in the Central Business District by the owner or operator of the
business whose business is adjacent to the sidewalk upon which the merchandise, outdoor
advertising or decorative structures are placed.
Exception: An owner or operator of a business in the Central Business District may allow a
temporary vendor to sell merchandise on the sidewalk adjacent to the business subject to the
regulations in this subdivision and Division 2.
Sec. 74 -37 - Regulations pertaining to outdoor merchandise areas, advertising and decor in the
central business district.
I) Advertising, decorative structures, merchandise and fixtures or devices upon which
merchandise is displayed shall be located so that they do not impede, endanger or
interfere with pedestrian traffic, with a minimum of six feet of passage for pedestrian
traffic.
2) No fixtures or devices upon which outdoor merchandise is displayed shall be attached
to the sidewalk or other public area.
3) Outdoor merchandise areas will be permitted only adjacent to the building or structure
in which the business is located. Outdoor merchandise shall not be permitted next to
the curb of the street.
4) Outdoor advertising, decorative structures or merchandise and fixtures or devices upon
which merchandise is displayed shall not block regulatory signs, crosswalks or
intersections and shall be sufficiently lit during times of low light in order to provide for
safe pedestrian passage alongside the outdoor advertising, decorative structures or
merchandise. All displays of merchandise within the outdoor merchandise area must
meet a minimum height of 12 inches tall or be of sufficient size so that safe pedestrian
traffic is not impeded. All merchandise located within the area that outdoor
merchandise is displayed shall be placed so that the outdoor merchandise and the
fixtures or devices on which the merchandise is displayed are stable and not easily
tipped and do not include sharp edges, protrusions or other features which may be
hazardous to the public.
5) All merchandise and the fixtures or devices upon which the merchandise is displayed
shall be moved inside the building wherein the retail business is located during hours the
retail business is not in operation. The hours of operation for temporary vendors are
regulated by Division 2.
6) All merchandise and the fixtures, or devices upon which the merchandise is displayed
must be secured so that it may not be dislodged during windy or stormy weather prior
to being moved inside the building wherein the retail business is located.
7) The owner or operator of the business or temporary vendor displaying the outdoor
merchandise shall be responsible for the maintenance, upkeep and security of the
fixtures or devices upon which the merchandise is displayed.
8) The owner or operator of the business or temporary vendor displaying the outdoor
merchandise shall be responsible for keeping the outdoor merchandise area clean of
garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor
merchandise area.
9) Signs attached to the outdoor merchandise fixtures shall be secured so that they are not
dislodged during windy or stormy weather.
I0) Outdoor merchandise areas shall not contain any live animals.
Subdivision B. Outdoor Food and Beverage Service and Dining in the Central Business District
Sec. 74 -38 — Outdoor food and beverage service and dining areas permitted in central business
district. (Ord. No. 26 -03, § II, 9 -9 -2003)
Outdoor food and beverage service and dining is permitted on sidewalks in the Central
Business District by the owner or operator of the business whose business is adjacent to the
sidewalk upon which the food and beverages are to be sold, served or consumed.
Exception: An owner or operator of a business in the Central Business District may allow a
temporary vendor to sell food or beverages on the sidewalk adjacent to the business subject to
the regulations in this subdivision and Division 2.
Sec. 74 -39 - Definitions.
The following definitions shall apply when used in this subdivision:
Central Business District means the zoning district defined by that name in the Zoning Ordinance
of the City of Brookings.
Outdoor dining area means an area on a public sidewalk in front of and adjacent to a business
where food or beverages are sold, served or consumed.
Sidewalk means all that area legally open to public use as a pedestrian public way between the
curb line and the public right -of -way boundary along the abutting property.
Temporary Vendor means any person or persons who engages in the sale to the public of any
food or food products, goods, services, or merchandise of whatever nature, from either their
person or mobile or stationary device, on a temporary basis on any sidewalk in the central
business district.
Sec. 74 -40 - Regulations pertaining to outdoor food and beverage service and dining areas in
the central business district.
I) Outdoor sales and service of food, beverages and outdoor dining in the Central
Business District shall be subject to the regulations set forth in this subdivision.
2) No alcoholic beverages may be sold, served or consumed on a sidewalk unless a license
has been issued pursuant to applicable law.
3) Outdoor food or beverage sales and outdoor dining shall be located so that such service
and dining does not impede, endanger or interfere with pedestrian traffic. Tables, chairs,
benches and food and beverage carts and equipment shall be located so that they do not
impede, endanger or interfere with pedestrian traffic, with a minimum of six feet of
passage for pedestrian traffic.
4) No fixtures or devices on which food or beverages are sold or consumed shall be
attached to the sidewalk or other public area.
5) No tables, chairs, benches and food and beverage carts or equipment shall be permitted
next to the curb of the street.
6) Tables, chairs, benches and food and beverage carts and equipment shall not block
regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of
low light in order to provide for safe pedestrian passage alongside the outdoor dining
area. All tables, chairs, benches and food and beverage carts and equipment shall not
have sharp edges, protrusions, or other features which may be hazardous to the public.
7) All tables, chairs, benches and food and beverage carts and equipment used for food and
beverage sales or consumption shall be moved inside the building wherein the business
is located during hours the business is not in operation, unless the tables and chairs are
secured to the building or secured together with a cable in a preapproved fashion. The
hours of operation for a temporary vendor are regulated by Division 2.
8) All tables, chairs, benches and food and beverage carts and equipment used for food and
beverage sales or consumption must be secured so that they may not be dislodged
during windy or stormy weather.
9) The business owner or operator, or temporary vendor who conducts outdoor food or
beverage sales and outdoor dining shall be responsible for the maintenance, upkeep and
security of all tables, chairs, benches and food and beverage carts and equipment used
for food or beverage sales and outdoor dining.
10) The business owner or operator or temporary vendor who conducts outdoor food or
beverage sales and outdoor dining shall be responsible for keeping the outdoor
merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the
operation of the outdoor dining area.
1 1) Signs used to advertise the outdoor food or beverage sales and the outdoor dining area
shall be secured so that they are not dislodged during windy or stormy weather.
Secs. 74 -41 - 74 -60 - Reserved.
DIVISION 2 — PERMIT
Sec. 74 -66 - Temporary vendor permit; fee required
It shall be 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 -67 - Application
An application for a 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. Adjacent business owner's /operator's signature of consent
4. Type(s) of food, beverage, or merchandise to be sold
5. Tax ID number and other state required license information (food service license, etc.)
6. Photo of device to be used for vending
7. Certificate of Insurance with City of Brookings as additionally insured ($1,000,000 for
food and $25,000 for merchandise)
8. Site map showing exact location on sidewalk of operation including maximum length and
width of proposed space to be used.
9. All proposed signage on the stationary or mobile device or umbrella.
Sec. 74 -68 - Restrictions and operational limits
1. No permit may be used for food, beverages or merchandise not stated on the
application
2. Food, beverages and merchandise shall be sold only to pedestrians. Soliciting motorists
is strictly prohibited.
3. No permit shall be granted for a period exceeding 14 consecutive days. Renewals shall
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 shall not exceed 8 square feet. Freestanding signage is prohibited.
10. Operating hours are limited to the hours between 7:00 am and 10:00 pm. Devices must
be removed from the sidewalk during non - operating hours. Hours may be extended for
reasonable cause by the City Manager or his designee.
1 1. No food, beverages, or merchandise may be sold within I00 feet of the door of a
business owner or operator selling the same product. The distance shall be measured
in a straight line from the device to the main entrance to the business.
Sec. 74 -69 - Misrepresentation
It shall be 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 -70 - Suspension or Revocation
The city may suspend or revoke any permit issued pursuant to this article if false information
was submitted in the permit application or if any local, state or federal law or regulation has
been violated.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: April 26, 2011
Second Reading: May 10, 20I I
Published: May 13, 201 1
Cam"
Shari hornes, City Clerk
CITY OF BROOKINGS, SD
Tim Reed, Mayor