Sec. 42-561. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Board means the Market Street Mall review board.

Commissioner means the commissioner of licenses and inspections or his designee.

Committee means the Wilmington Downtown Business Improvement District ("WDBID") Vending Committee.

Conduct business, displays or special events means the act of display for sale or selling any edible or nonedible commodities for immediate or future delivery; displaying samples of, but not selling, commodities or informational material of a commercial or educational character; a special event on one or more blocks of the mall involving an event, occurrence, activity or assembly planned for the purpose of offering for sale or exchange any commodities, goods or services of a commercial nature; or a special event on one or more blocks of the mall involving an event, occurrence, activity or assembly planned, funded, and implemented in whole by an agency, department, division, office or authorized representative of city government, or so planned, funded and implemented in part by city government together with one or more nonprofit, charitable, or civic organizations with full endorsement by the city government. See also the definitions of "city-sponsored events" and "commercial event" in section 11-56.

Department means the department of licenses and inspections unless expressly stated otherwise.

Director means the director of commerce.

Edible commodities are of two types, "minor foods" such as, but not exclusively, popcorn, pretzels, fruits and nuts, cookies, ice cream or other snacks, and "major foods" such as, but not exclusively, hot dogs, pizza, sandwiches, tacos or other meal-type foods. "Nonedible goods or commodities" includes but is not limited to flowers, shoeshine, handcrafts and leather goods.

Location means that particular place on the mall for which a permit has been issued and which is so stated on the permit.

Mall means the Market Street Mall, for purposes of this section extending from Second to Tenth Streets, but for purposes of vending activities means the sidewalk areas only from Second to Seventh Streets and all of the "Willingtown Square" area.

Mobile vendor means a vendor using a vending pushcart approved by the WDBID committee for the display and sale of edible or nonedible goods or commodities at a location on the mall which location has been approved by the WDBID committee and assigned to the vendor.

Permit means a document or form issued by the department of licenses and inspections permitting authorized activities on the mall for periods of time of up to three days per month and renewable (monthly permit) or up to one year (annual permit) and shall be the following types:

(1)

Special event permits.

(2)

Display permits.

(3)

Sidewalk sale permits.

(4)

Outdoor cafe permits.

Permit fees shall mean and include those fees payable under section 5-101 as well as the fee paid to the division of revenue accompanying each application for a permit and in the amount of $25.00. The permit fees so collected shall be used to defer the administrative costs incurred by the city in administrating the provisions of this section.

Outdoor cafe means a restaurant operation in an approved location on the mall within the area in front of an existing restaurant subject to the rules and regulations of the board.

Sidewalk sale means the display and sale of edible or nonedible goods within 12 feet of an existing building facade on the mall by the proprietor of the abutting store or by other vendors when, as, and if approved by the board.

Vending fee means the charge for use of space on the mall.

Vending pushcart means a cart used for the display or sale of edible or nonedible goods or commodities, which is a structure with at least two large operation wheels and which is easily removed and is subject to the size, location, and conditions of operation of this section and the design of which is approved by the WDBID vending committee.

(Code 1968, § 45-141(3); Ord. No. 92-053(sub 1), §§ 1(j), 32(l), 7-2-92; Ord. No. 94-071(sub 1), § 3, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 42-562. - Violations and penalties.

(a)

The WDBID vending committee shall administer the day-to-day operations of the vending program on the mall and shall be responsible for making recommendations to the commissioner of licenses and inspections as to violations of the city Code or of rules and regulations and penalties regarding the same.

Any person violating any provision of this section may first be given a written warning by the director and the committee that failure to correct the act or omission to act which constitutes a violation will result in prosecution.

(b)

Any person violating any provision of this section shall upon conviction thereof in the municipal court be subject to a fine of not less than $50.00 and not more than $500.00 for minor violations and not less than $1,000.00 for major violations. A minor violation shall mean a failure to comply with a requirement of a technical nature not having a substantial adverse impact on the mall. A major violation shall mean a significant violation, including but not exclusively, the following:

(1)

Failure to pay permit fees.

(2)

Failure to carry the requisite insurance.

(3)

Failure to maintain a pushcart in its specified location.

(4)

Failure to comply with the requisite hours and days of operation.

(5)

Failure to maintain the cleanliness of the pushcart and the area of the mall within 25 feet of the pushcart.

(6)

Failure to maintain an acceptable appearance of the pushcart or of employees.

(c)

One conviction of any major violation following a written warning shall be grounds for revocation of permits and for designation of ineligibility for a permit for up to three years. Each day that any such violation shall continue shall constitute a separate offense.

(d)

It shall be unlawful for any person to conduct business on the mall without the appropriate permit required by this section or otherwise to sell or display any edible or nonedible goods anywhere on the mall or in any manner not authorized by the committee or by the board and the provisions of this section. A conviction of such violation shall be punishable by a fine of not less than $200.00. In cases where such person has one or more prior convictions for the same offense, the sentence shall be a fine of not less than $500.00 for the second and any subsequent convictions. In all such cases, the minimum fines provided in this subsection shall not be subject to suspension or reduction for any reason.

(e)

In instances in which a permittee holding a valid permit under this section conducts business in an area on the mall other than his or her approved location or conducts business in a manner not permitted in this article, the police department and the commissioner shall be authorized to order the permittee to move to his or her approved location or to correct the manner in which business is being conducted. Upon the permittee's failure or refusal to so move or to so conduct his business, the police department and the commissioner shall be authorized to issue a written citation describing the violation and directing the permittee to appear for a hearing before the board of licenses and inspections ("board of review") within ten days. At such hearing, the board of review may issue a warning to the permittee or suspend or revoke the permit in accordance with the provisions of this division and the rules and regulations of the department of licenses and inspections.

(f)

Wherever in this section the matter involves vendor pushcart operations or permits for the same, the department shall have jurisdiction and authority over the same, provided that it has the recommendations of the WDBID vending committee for the same. Wherever in this section the matter involves special events, displays, sidewalk sales or outdoor safes or permits for the same, the department shall have jurisdiction and authority over the same, provided that it has the recommendations of the WDBID vending committee regarding the same.

(Code 1968, § 45-141(5); Ord. No. 92-053(sub 1), § 32(l), 7-2-92; Ord. No. 94-071(sub 1), § 4, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Sec. 42-563. - Findings and purposes.

(a)

The city council finds that the Market Street Mall has enhanced the attractiveness of the downtown commercial area of the city as a center for commerce and entertainment and that permitting sidewalk vending of certain edible and nonedible commodities, merchant displays, and special events, subject to reasonable regulations and control, will further enhance the commercial and aesthetic attractiveness of the mall for both pedestrians and for existing and potential new businesses on the mall.

(b)

Permitted sidewalk vending operations, merchant displays, and special events on the Market Street Mall should be exceptions to the prohibited encroachments beyond the true building line on streets and sidewalks set forth in article III of this chapter and should be subject to reasonable conditions in order to protect the public interest in the use of the mall as a public right-of-way.

(c)

Wherever in this section the matter involves mobile vendor pushcart operations, special events, displays, sidewalk sales or outdoor cafes or permits for the same, the department shall have jurisdiction and authority, provided that it has the recommendations of the WDBID committee.

(Code 1968, § 45-141(1); Ord. No. 92-053(sub 1), § 32(l), 7-2-92; Ord. No. 94-071(sub 1), § 4, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Sec. 42-564. - Administration and enforcement.

(a)

The department of licenses and inspections shall administer all the authorized activities until the Market Street Mall Review Board notifies the department in writing that it and the WDBID vending committee are ready to administer the activities. In administering the provisions of this division, the WDBID vending committee shall adopt, subject to review and approval by the administrative board, such rules and regulations it deems necessary and appropriate and the WDBID vending committee shall adopt and maintain a Market Street Mall Plan, including a Market Street map depicting and detailing approved locations, sites, and types of activities permitted on the mall. Such plan and map shall be maintained on file in the department and in the office of the committee. In scheduling and approving any merchant displays and special events on the mall, the WDBID vending committee shall coordinate such scheduling with the mayor's office in light of the other scheduled or planned activities or events on the mall.

(b)

The WDBID vending committee shall be authorized, in its discretion to limit the maximum number of annual, and monthly, permits and to limit the maximum number of each of the types of permits which are respectively authorized to be issued, as defined herein. The WDBID vending committee shall authorize up to 35 mobile vendor locations on the mall. In so doing, the WDBID vending committee may solicit proposals from mobile vendors for the maximum number of locations. The WDBID vending committee may solicit proposals from mobile vendors for the maximum number of locations. The WDBID vending committee shall be authorized to maintain a waiting list of mobile vendors who shall become eligible for award of a location upon the revocation or nonrenewal of a mobile vendor's permit or upon such vendor's discontinuance of business; upon the award of a location to a mobile vendor in such manner, the permit fees required shall be imposed on a pro-rata basis for the balance of the calendar year. In implementing the provisions herein, the WDBID vending committee may adopt such rules, regulations and procedures it deems necessary to establish permitted vending operations on the mall on a temporary trial basis during calendar year 1995 and in a manner as will best enhance the mall as a center for pedestrians and commercial activities, such rules, regulations and procedures, however, being subject to the prior approval of the administrative board.

(Code 1968, § 45-141(6); Ord. No. 94-071(sub 1), § 4, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Sec. 42-565. - Prohibited locations.

No person may conduct business on the mall except in locations specifically approved by the WDBID vending committee in accordance with standards of the WDBID vending committee, subject to the prior review and approval of the administrative board.

(Code 1968, § 45-141(4)(f)(2); Ord. No. 94-071(sub 1), § 4, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Sec. 42-566. - Hours of operation.

Mobile vendors with a valid permit shall be required to operate during hours as prescribed by regulations of the committee. Any other person conducting business on the mall with a valid permit issued under this division may do so at his authorized location between the hours of 7:00 a.m. and 12:00 a.m. Conducting business after 12:00 a.m. shall be unlawful except when authorized by the department as part of a special event. Any such person holding an annual permit shall be authorized to conduct business between the hours of 10:00 a.m. and 9:00 p.m. five days per week, Monday through Friday, except holidays and on all Saturdays between the hours of 11:00 a.m. and 9:00 p.m. Any such person holding a permit to conduct business for up to three days shall be required to do so between the hours of 11:00 a.m. and 2:00 p.m. on at least one day of each three days so permitted.

(Code 1968, § 45-141(4)(f)(3); Ord. No. 94-071(sub 1), § 4, 12-1-94; Ord. No. 95-024(sub 1), § 2, 6-1-95)

Sec. 42-567. - Prohibited hours.

Except when authorized by the board as part of a special event, no vending or display shall be permitted on the mall between 12:00 a.m. and 7:00 a.m. and no permitted pushcart or device shall be left unattended on the mall nor remain on the mall between 12:00 a.m. and 7:00 a.m.

(Code 1968, § 45-141(4)(f)(9); Ord. No. 92-053(sub 1), § 32(l), 7-2-92)

Sec. 42-568. - Display of permit.

All persons conducting business on the mall must display in a prominent and visible manner the permit issued by the director or by the commissioner under the provisions of this division and conspicuously post the prices of all items sold. Failure of any such person to have in his possession a permit issued by the director or by the commissioner shall create a rebuttable presumption that such person has not obtained the required permit, shall be grounds for an immediate order to cease displaying or selling goods, and shall expose such person to criminal penalties.

(Code 1968, § 45-141(4)(f)(4))

Sec. 42-569. - Litter control.

All persons conducting business on the mall shall be responsible for picking up any paper, cardboard, wood or plastic containers, wrappers or any litter in any form which is deposited by any person on the mall within 25 feet of the location of conducting business. Each person conducting business on the mall under the provisions of this division shall carry a suitable container for the placement of such litter by customers or other persons. Violation of this provision shall constitute grounds for immediate revocation of a permit.

(Code 1968, § 45-141(4)(f)(5))

Sec. 42-570. - Compliance with lawful orders.

All persons conducting business on the mall shall obey any lawful order of a police officer to move back to their assigned location, to move temporarily to a different permitted location in order to avoid congestion or obstruction of that part of the mall.

(Code 1968, § 45-141(4)(f)(6); Ord. No. 92-053(sub 1), § 32(l), 7-2-92)

Sec. 42-571. - Noise control.

No permittee shall make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to his wares.

(Code 1968, § 45-141(4)(f)(8))

Secs. 42-572—42-590. - Reserved.