|
|
|
 |
REGULATION OF THE LOCATION OF VENDORS WHO USE THE PUBLIC RIGHT-OF-WAY
Sections:
12.17.010 Purpose.
12.17.020 Revocable permit.
12.17.030 Permit fee.
12.17.040 Sales tax deposit.
12.17.050 Location.
12.17.060 Time.
12.17.070 One location.
12.17.080 Requirements.
12.17.090 Insurance requirements.
12.17.100 Indemnification.
12.17.110 Lottery.
12.17.120 Sanctions and appeal.
12.17.130 Prior locations.
12.17.140 Parades.
12.17.150 Penalty.
12.17.010 Purpose.
The purpose of this ordinance is to prevent injury to persons and property,
to prevent traffic delays, and to avoid interference with the traffic flow in
the public right-of-way. Delay or distraction may interfere with the safe operation
of motor vehicles. Delay and distractions are caused by vendors standing near
public streets, near intersections, and near traffic lights to contact drivers
or passengers in cars that are passing or that are stopped temporarily due to
traffic lights or other reasons. (Ord. O-97-74 § 1, 1997).
12.17.020 Revocable permit.
A. No person shall occupy the public right-of-way for the purpose of selling
services or articles of merchandise without first obtaining a revocable permit.
B. This ordinance shall not apply to vendors of materials whose primary purpose
is the dissemination of information such as newspapers or religious, political
or ideological material. (Ord. O-97-74 § 1, 1997).
12.17.030 Permit fee.
A permit application form shall be obtained from the Department of Finance.
Processing of the permit will entail a non-refundable fee of $100.00. The permit
may be renewed by the permittee for three (3) consecutive years for use at the
location granted on the permit. The renewal fee shall be $25.00. Any future
increase or decrease in said fees shall be by the adoption of a resolution by
City Council. (Ord. O-97-74 § 1, 1997).
12.17.040 Sales tax deposit.
A City sales tax deposit in the amount of $50.00 shall be paid by the permittee
at the time of receiving a permit. Said deposit will be applied toward the permittee's
first sales tax return. Any additional sales tax shall be paid by the permittee
on or before the due date for sales tax pursuant to Chapter 3.01 of the Lakewood
Municipal Code. If the tax due is less than the amount paid for the deposit,
a refund of the difference shall be paid to the permittee. Said deposits are
for a period of one (1) year. (Ord. O-97-74 § 1, 1997).
12.17.050 Location.
The Director of the Department of Finance or the Director's designee shall approve
or deny the location of the permit. The City shall provide a map to the permittee
designating the general location of the public right-of-way and the permittee's
location thereon. In determining whether a particular location for sidewalk
vendors is compatible with the public interest in the use of a public right-of-way,
all or some of the following may be considered to determine whether the proposed
location should be approved or denied.
A. The width of sidewalk.
B. The proximity of existing street furniture including, but not limited to,
sign posts, lamp posts, parking meters, bus shelters, benches, telephone booths,
planters, newsstands and newspaper vending devices.
C. The presence of bus stops, truck loading zones, taxi stands or hotel zones.
D. The volume of street and pedestrian traffic, the rate of speed of traffic,
and the ability to safely exit the traffic lane.
E. The location of other vendors in the immediately adjacent area.
F. The accident history of the location.
G. Other conditions which affect the public health, safety and welfare. (Ord.
O-97-74 § 1, 1997).
12.17.060 Time.
A. Permits shall be issued for a period of one (1) year and may be renewed by
the permittee for three (3) consecutive years. Once a permit has been issued
and remains in effect for a location, no other person may be issued a permit
for the same location. Any change of ownership of the business or change of
location shall require a new application and permit, with payment of fees therefor,
as provided here and above.
B. Any location which is vacated or abandoned by the permittee shall be accessible
to other permittees under the provisions of this ordinance. A location is deemed
abandoned by the permittee if the location is vacated for 30 consecutive days.
(Ord. O-97-74 § 1, 1997).
12.17.070 One location.
Each permit shall be valid for not more than one location. The permit is valid
only when used at the location designated on the permit. (Ord. O-97-74 §
1, 1997).
12.17.080 Requirements.
The permittee shall observe the following requirements:
A. Permittee shall not place any carts, tables, display structures or similar
devices in the public right-of-way.
B. Permittee shall provide a four-foot minimum unobstructed area to allow access
as required by the Americans with Disabilities Act.
C. Permittee shall cause the public right-of-way permit and a sales tax license
(if applicable) to be visible at all times.
D. Permittee shall not block any street signs.
E. Permittee shall not sell to people in cars in traffic lanes.
F. Permittee shall not sell on a median. (Ord. O-97-74 § 1, 1997).
12.17.090 Insurance requirements.
Before any permit is issued, the applicant shall furnish to the City a Certificate
of Insurance, with the City named as an additional insured, from a firm with
corporate surety, authorized to do business in the State of Colorado, for public
liability and property damage in the amount established by the City of not less
than the following:
For death or injury to any one person and including property damage, one hundred
fifty thousand dollars ($150,000.00)
Total liability in any one accident, six hundred thousand dollars ($600,000.00).
(Ord. O-97-74 § 1, 1997).
12.17.100 Indemnification.
The applicant shall be required to sign an indemnity agreement, on a form furnished
by the City, which releases and discharges the City, its employees, agents and
assigns from any liability and from any and all claims, demands, damages, actions,
causes of action, or suits of any kind or nature whatsoever as related to occupying
the public right-of-way. (Ord. O-97-74 § 1, 1997).
12.17.110 Lottery.
In the event there is more than one application for a specific location, the
City shall conduct a lottery drawing. The City Manager or his designee shall
adopt such rules and regulations as may be required to administer said lottery
and to administer other provisions of this Ordinance. (Ord. O-97-74 § 1,
1997).
12.17.120 Sanctions and appeal.
A. Nothing in this chapter shall be construed to limit the City's authority
to require cessation of occupying the public right-of-way prior to the expiration
of a permit. The City is not under any requirement to renew a permit. Permits
may be revoked for cause including, but not limited to, trespass, failure to
pay sales taxes, abandonment of location, drunkenness or disorderly conduct,
failure to comply with the provisions of this ordinance or other City ordinances,
or the existence of conditions that are harmful to the public health, safety
and welfare. Additionally, a permit may be revoked if, in the discretion of
the Finance Director, the location has become unsafe based on the criteria set
forth in Section 12.17.050.
B. Permittee may appeal a notice of revocation or a denial of issuance of a
permit. Said appeal must be filed with the Finance Director within ten (10)
business days after mailing of the notice of revocation or the denial of issuance
of a permit. The Finance Director shall notify the permittee in writing of the
time and place fixed by him for such appeal hearing. After such hearing, the
hearing officer shall make an order in the matter and shall furnish a copy of
such order to the permittee. Every decision of the hearing officer shall be
in writing, and notice thereof shall be mailed to the permittee within thirty
(30) days after such hearing. All such decisions are final.
C. Nothing in the chapter, shall prohibit the City from enforcing the provisions
of this ordinance in the Lakewood Municipal Court or the Jefferson County District
Court.
D. In addition to enforcement by any authorized personnel, this ordinance may
be enforced by the Director of Community Planning & Development or his designee.
(Ord. O-97-74 § 1, 1997).
12.17.130 Prior locations.
All prior locations authorized to vendors to occupy the public right of way
for the purpose of conducting retail sales are hereby rescinded and revoked.
No rights shall accrue to vendors based upon any previous authorization by the
City to occupy the public right-of-way, and no prior authorization or approval
by the City to occupy the public right-of-way shall allow for the grandfathering
of a vendor's location. The City reaffirms its absolute right to regulate activities
in the public right-of-way through its police powers. (Ord. O-97-74 § 1,
1997).
12.17.140 Parades.
The provisions of the ordinance shall not apply at those locations which are
adjacent to public streets which are officially and temporarily closed to through
traffic for parades and other celebrations. Nothing herein shall relieve a vendor
from obtaining a sales tax license. (Ord. O-97-74 § 1, 1997).
12.17.150 Penalty.
The penalty for a violation of any provision of this chapter shall be a fine
of not more than one thousand dollars ($1,000.00) or imprisonment for not more
than one (1) year, or shall be both said fine and imprisonment. (Ord. O-97-74
§ 1, 1997).
 |
||
Americans with Disability Act (ADA) Notice |
||
