Sec. 42-591. - Required.

It shall be unlawful for any person to conduct business, displays or special events on any street, sidewalk or public right-of-way in the city, except as permitted by the provisions of this article and except on the Market Street Mall as permitted by this subdivision, and without having first obtained the recommendation of the WDBID vending committee and without having first obtained a license and a permit from the department of licenses and inspections ("department") as herein provided, and without having first paid all required business license fees to the division of revenue; provided, however, that any federal, state or local governmental agency may obtain the permits required by this section but if it does so, it shall be exempt from the license, permit and application fees otherwise required. Further provided, however, that no federal, state or local governmental agency may obtain a license for mobile vending activities to the deprivation of a vendor engaged in private enterprise. The WDBID committee may, subject to the approval of the department of licenses and inspections, issue temporary permits in accordance with rules of the Market Street Mall Review Board.

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

Sec. 42-592. - Applications.

(a)

All applications for a permit to conduct business on the mall, including that of a mobile vendor, shall be made at the offices of the department of licenses and inspections, but only after receiving the written recommendation for the same from the WDBID vending committee. All such applications shall include all information deemed necessary and appropriate by the WDBID vending committee in its regulations.

(b)

Design review. The department and the WDBID vending committee ("committee") shall review the design of any mobile vending device proposed to be used. The committee shall review and recommend approval of the permit if it meets the requirements of section 42-594(b) "restrictions," and conforms with standards and regulations relating to quality of cart design, ability to finance, type of goods sold, and creativity of concept. Existing business owners on the mall should be given priority consideration whenever all other factors are judged to be equal. Vendor permit applicants shall meet with the committee prior to issuance of any vendor permits for review and recommendation to the department.

(c)

Fire marshal inspection. Prior to the issuance of any permit, the fire marshal shall inspect and approval any mobile device or vending pushcart to be used to determine if any cooking or heating apparatus is in conformance with the provisions of the city fire code.

(Code 1968, § 45-141(4)(a); Ord. No. 92-053(sub 1), §§ 1(j), 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. 42-593. - Location review.

(a)

Upon receipt of an application for a permit and the recommendation of the WDBID vending committee, the department shall review each location applied for to determine whether such location is proper for vending operations and whether the proposed use of such location for mall vending, sidewalk sale, merchant display, or special event is compatible with the public interest in the use of the mall areas as a public right-of-way. In making such determination, the department may consider the width of the mall's open space, the proximity and location of existing street furniture including, but not limited to, signposts, lamp posts, nearby bus shelters, benches, phone booths, and newsstands as well as the presence of nearby bus stops and truck loading zones, in order to determine whether the proposed use would result in pedestrian or street congestion.

(b)

If the department determines that any proposed location or proposed use is unsuitable, it shall so inform the applicant who may appeal the decision.

(Code 1968, § 45-141(4)(d); 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; Ord. No. 09-039, § 1, 8-27-09)

Sec. 42-594. - Form and conditions of permits.

(a)

Any permit issued pursuant to the provisions of this division shall be in a form deemed suitable by the committee and the department. In addition to naming the permittee and stating other information deemed appropriate by the committee and the department, the permit shall contain the following conditions:

(1)

Each permit shall be issued for a period of time to coincide with the term of the applicant's business license issued under chapter 5 of this Code and shall expire unless renewed.

(2)

The permit issued shall be personal only and not transferable in any manner.

(3)

The permit is valid only when used at the location and for the period(s) of time designated on the permit.

(4)

The permit is subject to the further restrictions of this section.

(5)

The permit as it applies to a given location may be suspended by recommendation of the committee or of the department for a period up to ten days pending an investigation of any alleged violation of the provisions of this section or the conditions of the permit, or any applicable provision of city or state law.

(6)

Good faith efforts will be made to achieve the goal that a minimum of 20 percent of the total number of vendors shall be "disadvantaged businesses" as that term is used in section 5-132 of the city Code.

(b)

Restrictions.

(1)

Any person conducting business as a mobile vendor on the mall with a valid permit issued under this section may transport and/or display edible or nonedible goods or commodities upon any pushcart in accordance with the committee's regulations.

(Code 1968, § 45-141(4)(e); 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. 42-595. - Limitation on number.

(a)

The committee and the department shall be authorized, in their 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 they are respectively authorized to issue.

(b)

In implementing the provisions of this section, the committee and the department may adopt such rules, regulations, and procedures it deems necessary to establish permitted vending operations on the mall and in a manner as will best enhance the mall as a center for pedestrians and commercial activities.

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

Sec. 42-596. - Denial, revocation or suspension of permit.

The commissioner upon the recommendation of the WDBID vending committee or on his own initiative, may deny, revoke or suspend the permit of any person to conduct business on the mall if the commissioner finds that such person has violated regulations of the committee or the terms of such person's agreement with the city. An application for a permit, when accepted by the department by issued of the permit, shall constitute an agreement between the applicant and the city. In any instance in which the term "committee" is used in this article of this chapter, the word "committee" shall mean the WDBID vending committee unless the context clearly indicates otherwise.

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

Secs. 42-597—42-615. - Reserved.