Chapter 5.08
STREET VENDORS
Sections:
5.08.050 HEALTH AND SAFETY STANDARDS.
5.08.060 OPERATING CONDITIONS.
5.08.080 LICENSE - REVOCATION.
5.08.010 LICENSE REQUIRED.
It is unlawful for any person to engage in street vending in the City without first obtaining a regulatory license in addition to a business license. Applications for regulatory licenses shall be filed with the Tax and License Division. (Ord. 5343 §14, 2017: Ord. 5140 §3 (part), 2011)
5.08.020 DEFINITIONS.
(a) "Director" means the Director of Community Development of the City or any officer, agent or employee of the City designated to act on the Director’s behalf.
(b) "Street vending" shall mean one who sells food, nonalcoholic beverages, flowers, plants, or other merchandise to the public from any stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place.
(c) "Street vending site" shall mean the location of the street vending unit.
(d) "Street vending unit" shall mean the cart, tables and other equipment used in conjunction with a street vending site.
(e) "Tax and Licensing Division" means the Tax and Licensing Division of the Department of Community Development. (Ord. 5343 §15, 2017: Ord. 5140 §3 (part), 2011)
5.08.030 LICENSE APPLICATION.
In order to obtain a regulatory license for street vending, an applicant must submit, in addition to the information required in BMC 5.03.050 for a regulatory license, the following:
(a) A copy of the street vendor’s regulatory license application and appropriate fee as set forth in Chapter 3.01 BMC.
(b) The name and home and business addresses of the applicant, and the name and address of the owner, if other than the applicant, of the vending business or street vending unit to be used in the operation of the vending business.
(c) A copy of the current City business license or a copy of the business license application and appropriate fee.
(d) Written approval for the vending by the abutting property owner. The abutting property owner may revoke said approval upon written notice to the Director, in which case the license shall be revoked pursuant to BMC 5.08.080.
(e) A description of the desired location and adjacent businesses and an accurate drawing showing the public area to be used, along with plans detailing the design and size of the vending unit to be used.
(f) A license or other written document from the Kitsap County Health District granting approval for each food and/or beverage vending unit.
(g) A license or other written document from the Fire Department granting approval for vendors using flammable substances.
(h) Written approval from the City Parks and Recreation Department and/or Bremerton School District granting approval if the vending unit will be placed within two hundred (200) feet of a public park, school and/or playground.
(i) A certificate of insurance naming the City as an additional insured. The minimum liability coverage must be five hundred thousand dollars ($500,000) combined single limit bodily injury and property damage, including products liability if food vending. A certificate of insurance shall be provided to the City for review prior to issuance of the license.
A street regulatory license for street vending is wholly of a temporary nature and vests no permanent rights or interest in property. The City may reject an application and deny a license for health, safety, public welfare and other related reasons. An application expires after thirty (30) days of filing if the required information is not submitted to the City during the thirty (30) day period. The Director may grant an extension at his or her discretion. (Ord. 5140 §3 (part), 2011)
5.08.040 LOCATION REVIEW.
Upon receipt of an application for a license or license renewal, the Director shall review the location to determine if it is suitable for vending. In making this determination, the Director shall consider the following criteria:
(a) A sidewalk vending unit is limited to one (1) assigned location.
(b) No license shall be issued for a location within ten (10) feet of a driveway, wheelchair ramp, bus stop sign, or crosswalk at any intersection or any location which unreasonably interferes with the public’s or city’s use of the right-of-way. The location of the vending unit shall not reduce or obstruct pedestrian passage on the sidewalk to less than five (5) feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire hydrants, buildings and other similar devices and structures. Such width shall be measured after including the dimensions of the cart, and any support equipment or accessories placed adjacent to the cart during operation. Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone.
(c) The license operating area for a street vending unit must be within a commercial or industrial zone as such is defined in the Bremerton Zoning Code. A street vending unit shall not be licensed in areas where zoning on adjacent private property is classified as residential.
(d) No license for a vendor shall be issued for a proposed vending site located within one hundred (100) feet of an existing vendor or retail store premises in which the license applicant’s product is the primary product of the existing vendor’s site or retail store without the written consent of said licensed vendor or retail store. This distance requirement shall not apply to applications for special events or festivals issued under a master use license issued pursuant to Chapter 5.36 BMC.
(e) If a proposed vending site is located within two hundred (200) feet of a park or public school, the vendor must present written consent of the City’s Director of Parks and Recreation or the school district, respectively; if a proposed vending site is located within two hundred (200) feet of a private school, the vendor must present written consent of the administrator or manager of the private school. This distance requirement shall not apply to applications for special events or festivals issued under a master use license issued pursuant to Chapter 5.36 BMC.
(f) The use of vending devices must be compatible with and must not unreasonably interfere with the public interest in use of the public ways as public rights-of-way.
(g) In the event that two (2) or more applications for the same location are received, the earliest application, if approved, shall be awarded the location. (Ord. 5140 §3 (part), 2011)
5.08.050 HEALTH AND SAFETY STANDARDS.
(a) Vendors of food and beverages shall comply with all standards established by the Kitsap County Health District.
(b) All sidewalk vending units in which food or beverage preparation occurs shall be inspected and approved by the City Fire Department to assure compliance of any cooking or heating apparatus with the following provisions:
(1) Deep fat, oil, or grease cooking processes employing heated liquid shall be protected by a fire extinguishing system approved by the Fire Department. Processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public.
(2) Processes requiring flammable gas, liquid, or solid fuels shall not be licensed, unless approved by the Fire Department. LPG containers shall be limited to no more than five (5) gallons capacity, and no more than one (1) container per cart or vendor display.
(3) Storage of extra fuel is prohibited in the area of vending, or in any buildings, except as licensed by the Fire Department.
(4) Vendors using open-flame cooking where steaks, hamburgers, sausages, hot dogs, or other products producing grease-laden vapors are cooked shall not be stationed beneath the awning or canopy of a building. Exception may be made when evidence is presented satisfying the Fire Department that no special threat is imposed to the building or awning by virtue of vendor location.
(5) Pressure-cooking appliances shall be prohibited.
(6) A fire extinguisher is required in all vending carts using open-flame cooking or cooking products producing grease-laden vapors. (Ord. 5140 §3 (part), 2011)
5.08.060 OPERATING CONDITIONS.
Any person with a valid regulatory license issued pursuant to this chapter shall be subject to the following conditions:
(a) All vendors must display, in a prominent and visible manner, the license issued by the director under the provisions of this chapter.
(b) Food and beverages sold must be capable of immediate consumption.
(c) The height of the vending unit, excluding canopies, umbrellas, or transparent enclosures, which must be approved by the Director, shall not exceed five (5) feet.
(d) The vending site must be clean and orderly at all times, and the vendor must provide a refuse container for use by patrons.
(e) Soliciting or conducting business with persons in motor vehicles is prohibited.
(f) No merchandise shall be displayed using street furniture (planters, street lights, trees, trash containers, etc.) or placed upon the sidewalk. In addition, sales of merchandise shall not be allowed from a vehicle. No use of any automatic coin-operated vending dispenser shall be allowed.
(g) Vendors shall not hinder use of any phone booth, mailbox, parking meter, fire alarm, fire hydrant (including automatic sprinklers or standpipe connections), newspaper vending machine, waste receptacle, bench, transit stop, or traffic signal controllers.
(h) Vendors shall obey any lawful order from a police officer or Fire Department official during an emergency or to avoid congestion or obstruction of the sidewalk.
(i) No vendor shall make loud noises or use mechanical audio or noise-making devices or hawk to advertise his or her product.
(j) No licensed sidewalk vending unit shall be left unattended on a sidewalk, nor remain on the sidewalk between midnight and 6:00 a.m.
(k) Utility service connections are not licensed, except electrical, when provided by the owner of the abutting property. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk.
(l) Signs, banners and/or streamers may be attached to the vending unit for the purpose of advertising or identifying the vending unit, subject to approval of the abutting property owner (or representative or agent) and the director. As determined by the director, such signs, banners, and/or streamers shall be situated so as to not unreasonably obstruct views of neighboring property or create a public safety hazard. Advertising signs may be placed on the vending unit but are not licensed on the sidewalk or street area.
(m) The footprint of the vending site is subject to the area constraints of the vending site location but in no event shall a vending site footprint exceed two hundred (200) square feet. A vending unit shall not exceed the vending site footprint.
(n) A vinyl or canvas umbrella or tent may be included as part of the vending site, but its open coverage may not exceed the vending site footprint. Any part of the umbrella or tent must have a minimum seven (7) feet of vertical clearance to the sidewalk.
(o) Vending units shall not be locked or chained to a parking meter, City street light post, tree, or other street fixture or furniture. (Ord. 5140 §3 (part), 2011)
5.08.070 LICENSE - RENEWALS.
Applications for renewal of a license may be filed for the same location, features of the cart and/or products (i.e., from food to flowers) as originally applied for. A renewal not applied for prior to the expiration of the existing license may not receive a renewal of the license. A vendor requesting renewal of a license for a business that has changed or proposes to change location, features of the cart and/or products since the last application/renewal must follow the requirements for a new application.
There is no vested right to a renewal of regulatory license for street vending. The City may reject an application and deny a license for health, safety and other related reasons. (Ord. 5140 §3 (part), 2011)
5.08.080 LICENSE - REVOCATION.
A regulatory license for street vending is wholly of a temporary nature and vests no permanent rights or interest in property. The license may be revoked pursuant to BMC 5.03.070 at any time for good cause by the City upon thirty (30) days’ notice or without notice in case the use or occupation of the public place shall become dangerous or unsafe or upon failure to cure a notice of default. If the revocation is due to circumstances beyond the vendor’s control, then the license fee will be refunded on a prorated basis. In addition, the regulatory license will ordinarily be revoked under the following conditions:
(a) The Kitsap County Health District withdraws approval or cancels necessary licenses;
(b) The vendor violates any portion of the Bremerton Municipal Code;
(c) The vendor misrepresents facts in the license application;
(d) The Fire Department withdraws approval or cancels necessary licenses;
(e) The vendor’s insurance in the amounts required by this chapter is not current and in force;
(f) Upon the establishment of a retail store or a park or school as set forth in BMC 5.08.040(d) and (e) unless the required consent is provided. (Ord. 5140 §3 (part), 2011)