§ 235-14. Restrictions.

A licensee under this chapter:

A. 

Shall not misrepresent the quantity, character or quality of any article offered for sale; or offer for sale any unwholesome, tainted or diseased provisions or merchandise.

B. 

Shall keep the motor vehicle, cart, and receptacles used by him or her, and the area around any such vehicle or cart, in a clean and sanitary condition, and the food items and edibles offered for sale well-covered and protected from dirt, dust and insects.

[Amended 9-21-2010 by Ord. No. 157-2010]

C. 

Shall not blow a horn, ring a bell or use any other noisy device to attract public attention to his or her wares, or shout or cry about his or her wares.

D. 

An itinerant vendor shall not stand or permit the motor vehicle or cart used by him or her to stand or park in one place in any public place, sidewalk, or street, except that a fixed-location vendor operating in a City park pursuant to a permit obtained under § 224-7 of the City Code shall operate in the location as set forth in such permit.

[Amended 2-9-2016 by Ord. No. 28-2016]

E. 

Shall not sell any confectionery, ice cream, soft drinks or other food within 250 feet of the property line of any school between the hours of 8:00 a.m. and 4:00 p.m. on school days.

[Amended 9-21-2010 by Ord. No. 157-2010]

F. 

Shall not permit any vehicle used by him or her to stop, stand, or park on any crosswalk.

G. 

Shall not create or maintain any booth or stand or place any barrels, boxes, crates, tables, chairs or other obstructions upon any street, public place, or sidewalk for the purpose of selling or exposing for sale any goods, wares or merchandise and shall not vend using the surface of the sidewalk or a blanket or board placed immediately on the sidewalk or on top of a trash receptacle or cardboard boxes to display merchandise. No displays may exceed five feet in height from ground level or less than 24 inches above the sidewalk.

[Amended 9-21-2010 by Ord. No. 157-2010]

H. 

No licensee shall permit his or her motor vehicle to stop, stand, or park on any street within 25 feet of any intersection.

I. 

An itinerant vendor shall sell such goods, ware, and merchandise as set forth in such permit. A fixed-location vendor operating pursuant to a permit obtained under this chapter of the City Code shall offer the type of goods, ware and merchandise and operate in the location as set forth in such permit.

[Amended 9-21-2010 by Ord. No. 157-2010; 5-22-2018 by Ord. No. 2018-100]

J. 

Itinerant vendors must change their location by moving at least one city block or across the street every 1/2 hour and shall not return to the same location for at least 1 1/2 hours.

[Added 9-21-2010 by Ord. No. 157-2010]

K. 

Itinerant vendors with pushcarts are restricted to sidewalks that have at least a ten-foot wide clear pedestrian path and shall not be located within five feet of any display windows of a fixed location business; nor shall such vendors be located within 15 feet of the entranceway to any building, store, or place of public assembly. Such vendors shall not be located within 20 feet from a premises that provides outdoor dining. In no event shall such vendors occupy more than three linear feet of the public sidewalk to be measured from the curb toward the property line.

[Added 9-21-2010 by Ord. No. 157-2010]

L. 

No license issued under the provisions of this section shall be transferred or assigned to any person, or used by any person other than the licensee to whom it was issued; nor shall such license be used on any location other than the location stated in such license. However, a licensee may identify one individual to be specifically designated on such license for an additional fee as provided in Chapter 133, Fees.

[Added 9-21-2010 by Ord. No. 157-2010]

M. 

Every license issued under this section is subject to the right of the City, which is hereby expressly reserved, to revoke the same should the licensee, directly or indirectly, violate any provision of this section or of any local, State or federal law. A license under this section may be denied where the licensee has three or more convictions of any local, State or federal law related to licensee's operation under a previous license issued under this section.

[Added 9-21-2010 by Ord. No. 157-2010]

N. 

Where exigent circumstances exist and a police or other authorized officer or employee of any city agency gives notice to a vendor to temporarily move from any location such vendor shall not vend from such location until it is determined by such police or other authorized officer that the exigent circumstances no longer exist.

[Added 9-21-2010 by Ord. No. 157-2010]

O. 

No licensee shall permit his or her motor vehicle or pushcart to remain unattended for longer than 15 minutes.

[Added 9-21-2010 by Ord. No. 157-2010]

Amended 10-21-2004 by Ord. No. 218-2004