HomeMy WebLinkAboutOrdinance 11-2000 ORDINANCE NO. 11-00
AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES
PERTAINING TO SAFETY GUIDELINES AND FOR THE LICENSING OF OUTDOOR
SITES FOR TEMPORARY MERCHANTS
Be It Ordained by the Governing Body of the City of Brookings
Section 28-1. 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.
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 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. 28-19. 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. 28-20. 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 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. 28-21. 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. 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 (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. 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 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 merchandise
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 Clerk.
Sec. 28-28. 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. 28-29. 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: May 22, 2000
Second Reading: June 12, 2000
Published: June 15, 2000
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