HomeMy WebLinkAboutOrdinance 23-2002 ORDINANCE NO.23-02
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF
ORDINANCES AND PERTAINING TO LICENSING OF SITES FOR TEMPORARY MERCHANTS
IN THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA,AS FOLLOWS:
I.
ARTICLE III. LICENSE FOR PROVIDING SITES FOR TEMPORARY MERCHANTS
Section 28-18. Definitions.
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.
Sec.28-19. Required.
No person shall lease to or allow occupancy by three 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 council 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.28-20.Application to obtain a license to lease to temporary merchants.
A property owner or agent shall file with the city clerk 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. 28-21. License fee.
The temporary merchants site leasing license fee shall be $100.00 for the first three sites or booths and
$10.00 for each additional booth site for a maximum period of fourteen days, or a fraction thereof. The city
clerk 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 city clerk 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.
Sec.28-22. Temporary structures.
Temporary structures such as vending stands, reviewing stands and other miscellaneous structures,
sheds, canopies, tents, awnings and fences may be erected.
Sec. 28-23. Removal of Structures.
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 days of expiration of the permit. If the structure is not removed within three 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. 28-24.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. 28-25. Structures and setbacks.
An individual site must contain a minimum space of 100 square feet with its narrowest dimension at
least ten feet. Booths can be placed back to back but there must be a twelve 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
setback from the sidewalk.No awnings,poles or merchandise shall encroach into the four foot(4') setback.
Sec. 28-26. Restroom facilities.
At least one restroom facility shall be provided on site for vendors and the public if ten booths are
located on the licensed property. For every additional twenty booths, another restroom facility shall be
provided. Restroom facilities shall be located so that they can be serviced during the period of use.
Sec. 28-27. Storage of merchandise.
It shall be unlawful to store or place merchandise outside of the booth space if it encroaches upon any
required setback, walkway, emergency access, sidewalk or public property.
Sec. 28-28. Issuing authority.
All licenses for leasing of sites for temporary merchants shall be issued by the city clerk.
Sec. 28-29. Site plan.
The city clerk 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. Variances to the
requirements of Section 28-24 may be granted administratively due to special conditions where a literal
enforcement of the provisions of the ordinance will result in unnecessary hardship to the applicant but not
violate the spirit of the ordinance.
Sec. 28-30. 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. 28-31. 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.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: September 23, 2002
SECOND READING: October 15, 2002
PUBLISHED: October 18, 2002
CITY OF BROOKINGS
Virgil I. Herriott, Mayo'
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,Shari Thornes, City Clerk