Chapter 5.28
STREET VENDORS
Sections:
5.28.020 License required – Fees – Issuance.
5.28.040 Inspection and permits.
5.28.070 Areas for street vending.
5.28.110 Violation – Penalty – Abatement – Revocation.
5.28.005 Applicability.
A. This chapter regulates street vendors operating on properly zoned private property adjacent to city right-of-way, on designated city properties, or on designated city street right-of-way locations.
B. Vendors operating in city parks, city property zoned “parks” or designated as “interim parks” are not subject to this chapter and must obtain approval of either an exclusive use permit and parks concession agreement pursuant to Chapter 12.16 LCMC (parks regulations) or a special event permit and concession agreement pursuant to Chapter 5.16 LCMC (Special Events). (Ord. 2019-07 § 1)
5.28.010 Definitions.
Right-of-Way. As used in this chapter, “right-of-way” means within the physical limits of any street right-of-way within the city’s ownership or over which the city exercises regulatory jurisdiction.
Street Vendor. As used in this chapter, “street vendor” means any person or entity who lawfully sells, or offers for sale, goods or services, such as but not limited to food, beverages, flowers, books, balloons or similar items from a portable table or nonmotorized mobile type device such as a pushcart or like conveyance and such activities are conducted in approved locations. (Ord. 2019-07 § 2; Ord. 82-4 § 1)
5.28.020 License required – Fees – Issuance.
A. No person shall operate as a street vendor without a street vendor license as provided in this chapter.
B. The annual license fee shall be in an amount set by the city council for the cost of administering this licensing program, and such fee shall not be refunded if a license is not issued.
C. The annual license fees of this chapter are in addition to the city occupation tax, and street vendors shall comply with all provisions of the occupation tax ordinance (Chapter 5.04 LCMC).
D. Licenses shall be issued by the planning department after compliance with this chapter by the applicant. (Ord. 2001-11 § 2; Ord. 93-6 § 1; Ord. 82-4 § 2)
5.28.025 Exemptions.
A. Vendors operating under an approved special event permit issued pursuant to Chapter 5.16 LCMC do not need to obtain a street vendor license under this chapter for the duration of the special event at the approved special event location. Such vendors shall be required to comply with all requirements for vendors in Chapter 5.16 LCMC, including but not limited to concession agreements, when such special event vendors are located on city property or right-of-way.
B. Vendors operating in a city park under an approved exclusive use permit issued pursuant to Chapter 12.16 LCMC do not need to obtain a street vendor license under this chapter for the duration of the exclusive use permit at the approved park concession location. Such vendors shall be required to comply with all requirements for vendors in Chapter 12.16 LCMC, including but not limited to concession agreements. (Ord. 2019-07 § 3)
5.28.030 Insurance.
Unless waived or reduced by signature of the city manager and the public works director, the following insurances shall be required: A street vendor shall be required to provide general commercial liability insurance coverage for the licensee’s operations in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. In addition, a street vendor shall provide property damage insurance coverage in an amount not less than $119,300 per occurrence and $596,400 aggregate, said amounts to be adjusted from July 1, 2019, and every year thereafter, as determined by the State Court Administrator pursuant to ORS 30.273. A copy of a certificate of insurance naming the city, its officers and employees as an additional insured shall be supplied prior to issuance of the street vendor license. The insurance policy shall further provide that the policy shall not terminate or be canceled without 30 days’ written notice to the city. When a street vendor is located on public property or right-of-way there shall be no reduction in insurance below applicable Oregon tort claim limits. (Ord. 2019-07 § 4; Ord. 93-6 § 2; Ord. 82-4 § 3)
5.28.040 Inspection and permits.
A. Prior to issuance of a street vendor license the State Fire Marshal shall inspect the street vendor cart and accompanying equipment for compliance with applicable fire codes. Additionally, the planning and community development director, or authorized designee, shall confirm that the size of the street vendor cart is not greater than four feet in width and eight feet in length.
B. No person shall be issued a street vendor license unless he submits with his application proof that all health and sanitary permits required by the state and county have been obtained. (Ord. 2023-12 § 1; Ord. 82-4 § 4)
5.28.050 Pushcart size.
The size of a street vendor cart shall not be greater than four feet in width and eight feet in length. (Ord. 93-6 § 3; Ord. 82-4 § 5)
5.28.060 Sanitation.
All utensils and equipment used by a licensed street vendor shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by state law and county ordinance and regulations adopted pursuant thereto. (Ord. 82-4 § 6)
5.28.070 Areas for street vending.
A. Street vendors may operate on:
1. Private property zoned general commercial, recreation-commercial, Oceanlake plan district, Taft village core and Nelscott plan district (NBD and NBMU subcategories). All vendor operations on such private property must be shown on approved site plans.
2. Public rights-of-way in general commercial, recreation-commercial, Oceanlake plan district, Taft village core, and Nelscott plan district (NBD and NBMU subcategories) are eligible to be designated as approved street vendor locations. An application for an annual street vendor license shall include a scale drawing of the proposed vendor cart location, clearly demonstrate the location does not disrupt pedestrian or vehicular access, and clearly demonstrate compliance with ADA accessibility requirements to the satisfaction of the ADA coordinator. The public works department may publish a map setting forth preapproved street vendor locations.
B. Except as provided in Chapters 12.16 and 5.16 LCMC, street vendors approved under this chapter shall not operate within:
1. Any park or open space, or any property zoned “park” or “open space” or any property designated for interim park use by city council resolution;
2. State of Oregon parks or waysides, unless granted a permit by the Parks Division of the Oregon Department of Transportation. (Ord. 2019-07 § 5; Ord. 2008-21 § 4; Ord. 93-8 § 1; Ord. 82-8; Ord. 82-4 § 7)
5.28.080 Method of operation.
A. A street vendor may only operate in an approved location.
B. No street vendor shall occupy any area within 10 feet of a crosswalk, alleyway or building doorway.
C. Pushcarts or vendor tables shall not be located or operated in such a manner as to obstruct or impede vehicle or pedestrian traffic or ADA accessibility requirements. No pushcart or vendor table shall be left unattended.
D. Street vendors shall pick up any paper, cardboard, wood, or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street or other property within 25 feet of a pushcart or table at any time it is in a stationary position and the street vendor is conducting business, and shall be responsible for the proper disposal of same. Wastewater shall be properly disposed of which does not include disposal in a storm drain or on the ground.
E. No street vendor shall make any loud noise in violation of the noise ordinance or place any temporary signage, except a two-foot by eight-foot sign on the front of the pushcart/table below the surface table level of the pushcart or two two-foot by four-foot signs on the sides or front and one side below the surface table level of the pushcart/table.
F. No person who holds a street vendor license shall engage in activities in violation of any conditions or requirements stated in the license.
G. No street vendor who serves food shall occupy an area within 50 feet of a customer entrance of a restaurant unless the pushcart/table is operated from private property owned by the licensee.
H. A pushcart/table may be covered with a canopy or umbrella not to exceed four feet by eight feet which shall be securely anchored.
I. A vendor operating on city property or right-of-way under this chapter is required to sign a standard concession agreement and pay a 10 percent gross revenue concession fee to the city. In lieu of the 10 percent concession fee, the finance director, in the finance director’s sole discretion, may elect to use a daily or monthly flat rate concession fee (in addition to any other rental charges) for use of city property or right-of-way. Such flat rate fees shall be established by council fee resolution after the opportunity for public comment.
J. An annual street vendor license under this chapter shall not be renewed or issued for another year to the same vendor until the license applicant has submitted an annual report and documentation for the preceding year(s) including (1) gross sales; (2) concession fees paid; (3) other fees and charges paid for use of public property or right-of-way.
K. Street vendor operations by nonprofit entities licensed under this chapter may be excused from the concession payment to the city; if excused, such concession fee will be considered a city donation to the nonprofit entity. To qualify for such donation, the nonprofit organization must annually demonstrate to the satisfaction of the finance director that the organization holds current nonprofit status and has complied with all applicable city and state regulations. (Ord. 2019-07 § 6; Ord. 93-8 § 2, 3; Ord. 82-4 § 8)
5.28.090 Prohibition.
No person shall demand any pecuniary benefit from a street vendor in return for allowing a vendor to locate adjacent to a business in a public right-of-way. As used in this section, “pecuniary benefit” includes property and any other commercial interest. (Ord. 82-4 § 9)
5.28.110 Violation – Penalty – Abatement – Revocation.
A. Any street vendor who violates any of the provisions of this chapter commits a violation. Any such violation shall be punished under the provisions of Chapter 1.16 LCMC as a Class B violation.
B. Each day’s violation of a provision of this chapter constitutes a separate offense.
C. Any violation of this chapter is deemed a nuisance. The abatement of such a nuisance is in addition to any other penalty or remedy. A nuisance may be abated as provided in LCMC 8.12.150 through 8.12.180, or in any other manner authorized by law.
D. In addition to other penalties or remedies, the municipal court judge may revoke a street vendor’s license upon a finding that a street vendor has violated a provision of this chapter. The order of revocation shall be entered at the time of the entry and declaration of forfeiture pursuant to the provisions of Chapter 1.16 LCMC. (Ord. 2015-10 § 5; Ord. 93-6 § 4; Ord. 82-4 §§ 11, 12)