HomeMy WebLinkAboutOrdinance 6707113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6707
File Number: 2023-1286
LIGHTS OF THE OZARKS (ORDINANCE UPDATES):
AN ORDINANCE TO AMEND § 117.93 LIGHTS OF THE OZARKS TO EXPAND THE EVENT AREA TO
INCLUDE THE BLOCK OF EAST AVENUE BETWEEN MOUNTAIN STREET AND CENTER STREET, TO
AMEND §178.04 OUTDOOR MOBILE VENDORS TO AUTHORIZE FOOD TRUCKS AND TRAILERS TO
OPERATE ON THE DOWNTOWN SQUARE DURING CERTAIN STANDING EVENTS, AND TO DECLARE AN
EMERGENCY
WHEREAS, since 1994, Lights of the Ozarks has attracted thousands of visitors to the Downtown Square during the
holiday season; and
WHEREAS, the Downtown Fayetteville Coalition requested that the City consider authorizing the closure of East
Avenue between Mountain Street and Center Street for longer than is currently allowed by code; and
WHEREAS, approving this extended closure will keep sidewalks and walkways clear and accessible, provide
organizers with the flexibility to move food trucks and trailers around the square to spread out power needs, create
pedestrian -focused spaces for people to congregate safely, and keep traffic flowing smoothly utilizing a U-shaped
traffic plan to alleviate congestion; and
WHEREAS, City staff agrees that it will be not only safer for visitors by expanding the pedestrian space, but it will
also increase the economic impact of Lights of the Ozarks by encouraging pedestrians to spend more time patronizing
businesses in the downtown area; and
WHEREAS, an amendment to § 178.04 will clarify that permitted food trucks and trailers may operate on the
Downtown Square during the Farmer's Market, First Thursday, and Lights of the Ozarks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 117.93 Lights of the Ozarks
and enacts a replacement § 117.93 as shown in Exhibit A attached hereto.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor Mobile
Vendors by enacting a new subsection (E)(4) to authorize permitted food trucks and trailers to operate on the
Downtown Square during certain standing events as follows:
(4) Parking spaces on the Downtown Square during the following standing events and within the areas designated for
Page 1
Ordinance: 6707
File Number.' 2023-1286
the events by the City Code or special event permit:
(a) Farmer's Market
(b) First Thursday
(c) Lights of the Ozarks. The twelve hour time limit does not apply to permitted food trucks and trailers managed
by the Fayetteville Advertising and Promotion Commission during Lights of the Ozarks as authorized by § 117.93 of
the City Code.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should
become effective without delay to make the Downtown Square safer for pedestrians and to keep vehicular traffic
flowing more smoothly and safely during Lights of the Ozarks, which began on November 17. The City Council finds
that this is necessary for the public peace as well as the health and safety of Fayetteville residents and, therefore,
declares an emergency exists such that this ordinance shall become effective immediately upon its passage and
approval.
PASSED and APPROVED on November 21, 2023
Page 2
Attest:
�,� • • S,
�Y
�.F
i.Y`
Kara Paxton, City lerk Treasurer
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid: $253.84
EXHIBIT
117.93 Lights Of The Ozarks
(A) Establishment, Location and Parking Restrictions. The Lights of the Ozarks celebration is hereby established
in the city as an annual celebration beginning no earlier than the third Friday in November and running
through January 1 of the next year. This event shall be located on those interior and exterior parking spaces
of the Downtown Square and on the sidewalks adjoining the interior parking spaces, as well as those
portions of the Town Center Plaza needed for this event's success.
Additionally, upon approval by the Mayor or the Mayor's designee, the block of East Avenue between
Mountain Street and Center Street may be closed to vehicular traffic for the safety of pedestrians on the
Downtown Square.
If closed, East Avenue may also be used by food trucks and other event vendors. No vendor shall obstruct
pedestrian traffic on public sidewalks nor shall more parking spaces be utilized for vendors than absolutely
necessary. The Fayetteville Advertising and Promotion Commission and its staff are empowered to manage
and administer all vendors operating on the Fayetteville Square during Lights of the Ozarks.
(B) Hours of Operations. Operating hours for vendors for the Lights of the Ozarks shall be managed by the
Advertising and Promotion Commission and staff.
(C) Sanitation. At the close of each Lights of the Ozarks business evening, each vendor must ensure that the area
in which the vendor was located or operating is completely clean, sanitary and free of trash, debris, manure,
etc. Failure to properly clean up shall be grounds to revoke that vendor's license or permission to operate
during Lights of the Ozarks.
(D) Vendors and Licenses. Any vendors operating within the area of the Lights of the Ozarks shall have all proper,
necessary and valid licenses applicable to the vendor's business and keep all such licenses available for
inspection and in good standing while operating during Lights of the Ozarks. Any event or other reasonable
fee charged by the Advertising and Promotion Commission or the City of Fayetteville to defray costs to
manage Lights of the Ozarks must be paid or the vendor shall be prohibited from operating in this event.
(E) Sidewalk Vendors. Sidewalk vendors must comply with §178.03 of the Unified Development Code and obtain
proper permits from the Zoning and Development Administrator as well as the Advertising and Promotion
Commission {which shall constitute compliance with §178.03(E)(2)1.
Received by: City Attorney Kit Williams
11/22/2023
8:38 AM
EXHIBIT A
117.93 Lights Of The Ozarks
(A) Establishment Location and Parking Restrictions. The Lights of the Ozarks celebration is hereby established
in the city as an annual celebration beginning no earlier than the third Friday in November and running
through January 1 of the next year. This event shall be located on those interior and exterior parking spaces
of the Downtown Square and on the sidewalks adjoining the interior parking spaces, as well as those
portions of the Town Center Plaza needed for this event's success.
Additionally, upon approval by the Mayor or the Mayor's designee, the block of East Avenue between
Mountain Street and Center Street may be closed to vehicular traffic for the safety of pedestrians on the
Downtown Square. The City may require additional safety measures to be in place as a condition of
approving the closure of East Avenue.
If closed, East Avenue may also be used by food trucks and other event vendors. No vendor shall obstruct
pedestrian traffic on public sidewalks nor shall more parking spaces be utilized for vendors than absolutely
necessary. The Fayetteville Advertising and Promotion Commission and its staff are empowered to manage
and administer all vendors operating on the Fayetteville Square during Lights of the Ozarks.
(13) Hours of Operations. Operating hours for vendors for the Lights of the Ozarks shall be managed by the
Advertising and Promotion Commission and staff.
(C) Sanitation. At the close of each Lights of the Ozarks business evening, each vendor must ensure that the area
in which the vendor was located or operating is completely clean, sanitary and free of trash, debris, manure,
etc. Failure to properly clean up shall be grounds to revoke that vendor's license or permission to operate
during Lights of the Ozarks.
(D) Vendors and Licenses. Any vendors operating within the area of the Lights of the Ozarks shall have all proper,
necessary and valid licenses applicable to the vendor's business and keep all such licenses available for
inspection and in good standing while operating during Lights of the Ozarks. Any event or other reasonable
fee charged by the Advertising and Promotion Commission or the City of Fayetteville to defray costs to
manage Lights of the Ozarks must be paid or the vendor shall be prohibited from operating in this event.
(E) Sidewalk Vendors. Sidewalk vendors must comply with §178.03 of the Unified Development Code and obtain
proper permits from the zoning and Development Administrator as well as the Advertising and Promotion
Commission {which shall constitute compliance with §178.03(E)(2)1.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 21, 2023
TO: Mayor Jordan and City Council
THRU:
FROM: Susan Norton, Chief of Staff
DATE:
SUBJECT: Lights of the Ozarks Ordinance Updates
RECOMMENDATION:
CITY COUNCIL MEMO
2023-1286
Staff recommends revisions to City Code 117.83 Lights Of the Ozarks and 178.04 Outdoor Mobile Vendors at
the recommendation of the City Attorney's Office in response to a request by the Downtown Fayetteville
Coalition and Experience Fayetteville to improve safety, crowd control, and traffic flow around the square
during the annual Lights of the Ozarks.
BACKGROUND:
Since 1994, Lights of the Ozarks has continued to attract thousands of visitors to the Downtown Square during
the holiday season. The Downtown Fayetteville Coalition requested the Mayor to consider an amendment to
the special event permit regarding Lights of the Ozarks to include a longer street closure than is currently
allowed by code for the mobile food truck vendors. City Attorney Kit Williams advised Mayor Jordan that the
proper action would be an amendment to code as the Fayetteville Code does not currently allow the City to
close East Avenue between Mountain and Center 24 hours per day for food truck use during this time.
DISCUSSION:
Staff agrees that it will be not only safer for visitors by expanding the pedestrian space, but it will also
encourage pedestrians to spend more time patronizing businesses in the downtown area and that these
changes represent a placemaking move. Staff further agrees that two sections of code will require revision, as
stated above. The first section of code (117.83) presented an opportunity for considerable cleanup to also
include food trucks explicitly called out in addition to "other event vendors." Operating hours are changed, as is
the name of the sponsoring entity from The Town Center staff to the umbrella Advertising and Promotion
Commission. The second section of code (178.04) places a new section under (E) (4) that standing events that
may have designated food truck areas by City Code or special permit and creates an exemption for the twelve
hour time limit for food trucks and trailers during Lights of the Ozarks. A memo from Kelly Rich is attached,
which explains their rationale for improving the safety of the event. Kelly has assured me that she has reached
out to the downtown square merchants to get their input on the event and to share ideas about a new footprint,
as reflected in the proposed code changes drafted by Senior Assistant City Attorney, Blake Pennington. The
DFC has been looking at new ways to make logistics of the event as smooth as possible. The consensus of
those she visited with on the square is that they are excited for these potential updates. Additional attention
was given to the East Street businesses who could be affected the most. The Pryor Center's Oral History
offices, Tula, and Cheers at the OPO are all aware and willing to work with the DFC on the potential changes.
Joon Bridal and Startup Junkie have been contacted with additional communication efforts planned.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
ATTACHMENTS: SRF (#3), Exhibit A - 117.93 Lights of the Ozarks Amendment (#4), Downtown Fayetteville
Coalition Update Memo (#5), 117.93 - Lights of the Ozarks Amendment - REDLINE (#6), 178.04 Outdoor
Mobile Vendors Amendment - REDLINE (#7), Revised Exhibit A - 117.93 Lights of the Ozarks Amendment
(#8)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-1286
Lights of the Ozarks Ordinance Updates
AN ORDINANCE TO AMEND § 117.93 LIGHTS OF THE OZARKS TO EXPAND THE EVENT
AREA TO INCLUDE THE BLOCK OF EAST AVENUE BETWEEN MOUNTAIN STREET AND
CENTER STREET, TO AMEND § 178.04 OUTDOOR MOBILE VENDORS TO AUTHORIZE FOOD
TRUCKS AND TRAILERS TO OPERATE ON THE DOWNTOWN SQUARE DURING CERTAIN
STANDING EVENTS, AND TO DECLARE AN EMERGENCY
WHEREAS, since 1994, Lights of the Ozarks has attracted thousands of visitors to the Downtown
Square during the holiday season; and
WHEREAS, the Downtown Fayetteville Coalition requested that the City consider authorizing the
closure of East Avenue between Mountain Street and Center Street for longer than is currently allowed
by code; and
WHEREAS, approving this extended closure will keep sidewalks and walkways clear and accessible,
provide organizers with the flexibility to move food trucks and trailers around the square to spread out
power needs, create pedestrian -focused spaces for people to congregate safely, and keep traffic flowing
smoothly utilizing a U-shaped traffic plan to alleviate congestion; and
WHEREAS, City staff agrees that it will be not only safer for visitors by expanding the pedestrian
space, but it will also increase the economic impact of Lights of the Ozarks by encouraging pedestrians
to spend more time patronizing businesses in the downtown area; and
WHEREAS, an amendment to § 178.04 will clarify that permitted food trucks and trailers may operate
on the Downtown Square during the Farmer's Market, First Thursday, and Lights of the Ozarks.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 117.93 Lights of
the Ozarks and enacts a replacement § 117.93 as shown in Exhibit A attached hereto.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 178.04 Outdoor
Mobile Vendors by enacting a new subsection (E)(4) to authorize permitted food trucks and trailers to
operate on the Downtown Square during certain standing events as follows:
(4) Parking spaces on the Downtown Square during the following standing events and within the areas
Page 1
Ordinance: 6707
File Number: 2023-1286
designated for the events by the City Code or special event permit:
(a) Farmer's Market
(b) First Thursday
(c) Lights of the Ozarks. The twelve hour time limit does not apply to permitted food trucks and
trailers managed by the Fayetteville Advertising and Promotion Commission during Lights of the
Ozarks as authorized by § 117.93 of the City Code.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should become effective without delay to make the Downtown Square safer for pedestrians
and to keep vehicular traffic flowing more smoothly and safely during Lights of the Ozarks, which
began on November 17. The City Council finds that this is necessary for the public peace as well as the
health and safety of Fayetteville residents and, therefore, declares an emergency exists such that this
ordinance shall become effective immediately upon its passage and approval.
Page 2
Susan Norton
Submitted By
City of Fayetteville Staff Review Form
2024-1286
Item ID
11/14/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
11/13/2023 CHIEF OF STAFF (070)
Submitted Date Division / Department
Action Recommendation:
Staff recommends revisions to City Code 117.83 Lights Of the Ozarks and 178.04 Outdoor Mobile Vendors at the
recommendation of the City Attorney's Office in response to a request by the Downtown Fayetteville Coalition and
Experience Fayetteville to improve safety, crowd control, and traffic flow around the square during the annual
Lights of the Ozarks.
Account Number
Project Number
Budgeted Item?
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Previous Ordinance or Resolution #
Approval Date:
Memo
r � DOWNTOWN
I FAYETTEVILLE
A R K A N S A S
To: Susan Norton, City of Fayetteville, Chief of Staff
From: Kelly Rich, Downtown Fayetteville Coalition
Date: November 7, 2023
Re: Lights of the Ozarks Ordinance Update
Background
Lights of the Ozarks is a 30-year-old beloved tradition for downtown and the entire city of
Fayetteville. Each year sees an increase of thousands of visitors walking and driving around
our historic square for the entire six -week season. With the number of new downtown
business announcements and projected city population growth, we expect crowds to continue
to aggressively grow in the future.
For several years, there have been discussions with Lights of the Ozarks organizers, local
business owners, and city leadership on how we can better plan for safety, crowd control, and
traffic flow around the square. Using input from these stakeholders, organizers have ideas
they would like to implement but are restricted under the current code. Updating the code by
reducing the restrictive language gives flexibility to the event organizers to adapt to the
exciting growth the event and the city as a whole is experiencing.
Approving the ordinance with these updates would:
1. Give additional space for food trucks to position their serving windows to move their
lines away from the sidewalks which would keep the walkways clear and accessible
for everyone.
2. Give organizers the freedom to move food trucks around the square to spread the
power needs. Currently 50 amp power is only available on the exterior corners of the
square and the ordinance only allows food trucks on the interior. This requires their
power cords to cross the streets which is not only visually cluttering but also a trip
hazard.
3. Give organizers the option to close streets to cars and create pedestrian -focused
spaces for people to congregate safely.
4. Increase economic impact by incentivizing visitors to get out of their cars and
patronize our local businesses.
5. Keep traffic flowing smoothly utilizing a u-shaped traffic plan with people entering the
square via Center St and exiting on Mountain. This alleviates the congestion that is
seen at the intersection of Center and East St throughout the season.
These are just a few of the benefits that could be accomplished by updating the 20-year-old
ordinance. Allowing event organizers the flexibility to adapt and change to the current
environment is a necessary step for success as the city of Fayetteville heads into its next
chapter as the best city in Northwest Arkansas.
117.93 Lights Of The Ozarks
(A) Establishment, Location and Parking Restrictions. The Lights of the Ozarks celebration is hereby established
in the city as an annual celebration beginning no earlier than the third Friday in November, after the „„d of
F.,r.,..^r,.' MaFket "a-e-nd Thanksgiving) and running through January 1 of the next year. This event shall be
located on those interior and exterior parking spaces (adjoining the Old Post Office of the Downtown Square
and on the sidewalks adjoining the interior these parking spaces, as well as those portions of the Town
Center Plaza needed for this event's success. T
Additionally, upon approval by the Mayor or the Mayor's designee, the block of East Avenue between
Mountain Street and Center Street may be restricted closed to vehicular traffic for the safety of pedestrians
on the Downtown Square.
If closed, East Avenue may also be used by+^ hers^ ^'Fawn ^^Triages ^^ •• Fide ,food trucks and-e-r other
event vendors. No vendor shall obstruct pedestrian traffic on public sidewalks nor shall more parking spaces
be utilized for vendors than absolutely necessary. The Fayetteville Advertising and Promotion Commission
and its and Fayetteville Town Center staff are empowered to manage and administer all vendors operating
on the Fayetteville Square during Lights of the Ozarks.
(B) Hours of Operations. VOperating hours for vendors for the Lights of the Ozarks shall be managed by the
Advertising and Promotion Commission and Fayetteville Town renter staff such that active ^ rati^ „f „
Fides, GaFFiage rides, ete. shall not eammenee, ner shall East Street be impeded from nermal traffic prio
6:00 p.m. nOF obstructed later than midnight except for New Years when such use will be extended one+14
hour unto! 1:00 a.m. on New Year's Da .
(C) Sanitation. At the close of each Lights of the Ozarks business evening, each vendor must ensure that the area
in which the vendor was located or operating is completely clean, sanitary and free of trash, debris, manure,
etc. Failure to properly clean up shall be grounds to revoke that vendor's license or permission to operate
during Lights of the Ozarks.
(D) Vendors and Licenses. Any vendors operating within the area of the Lights of the Ozarks shall have all proper,
necessary and valid licenses applicable to the vendor's business and keep all such licenses available for
inspection and in good standing while operating during Lights of the Ozarks. Any event or other reasonable
fee charged by the Advertising and Promotion Commission Town Center s+ ff or the City of Fayetteville to
defray costs to manage Lights of the Ozarks must be paid or the vendor shall be prohibited from operating in
this event.
(E) Sidewalk Vendors. Sidewalk vendors must comply with §178.03 of the Unified Development Code and obtain
proper permits from the Zoning and Development Administrator as well as the Advertising and Promotion
Commission Fayeuev4leT^ „ �+ ff {which shall constitute compliance with §178.03(E)(2)1.
(Ord. No. 5286, 11-17-09)
(Supp. No. 30)
Created: 2023-08-23 16:19:43 [EST]
Page 1 of 1
178.04 Outdoor Mobile Vendors
(A) Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile
vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an
aesthetically appealing streetscape and does not create a dangerous traffic condition.
(B) Definitions.
(1) Food trucks. A type of mobile vendor which is a motorized and operationally self-contained single
vehicle equipped with facilities for cooking and selling food.
(2) Food trailers. A type of mobile vendor which is designed to be towed on public roads and having an
enclosed area for storage, handling or preparation of food.
(3) Other vendors. Mobile vendors are not limited to operating out of a food truck or trailer.
(4) Mobile vendor court. An outdoor commercial center with five (5) or more mobile vendors in a shared
location.
(C) Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and
submittals prior to approval:
(1) Each application for a permit to conduct a mobile vendor business shall be accompanied by a $100.00
permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile
vendor vehicle. This application will also serve as the vendor's business license that will be processed as
such.
(2) Application for a permit to conduct a mobile vendor business shall include the following items in a
format acceptable to the Planning Division:
(a) Name, address, contact information and signature of both the property owner and the mobile
vendor requesting to locate on private property.
(b) A valid copy of all necessary permits required by state and county health authorities which shall
be conspicuously displayed at all times during the operation of the business.
(c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable.
(d) For each location other than those permitted as part of a mobile vendor court, a detailed site
plan roughly drawn to scale showing the location of the property lines, each mobile vendor
location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed
dining or sitting areas.
(e) Written authorization, signed by the property owner or legal representative of record, stating
that the mobile vendor is permitted to operate on the subject property for a specified period of
time.
(3) The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws.
Mobile vendors are not permitted to dispose of their trash in public trash receptacles.
(4) The mobile vendor permit issued shall not be transferable in any manner.
(5) The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of
the mobile vending business.
(6) The proposed use must be a permitted use -by -right within the underlying zoning district.
(7) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the
public has access to the interior of any mobile vending unit.
(Supp. No. 30)
Created: 2023-05-23 16:19:54 [EST]
Page 1 of 4
(8) Mobile vendors shall be required to renew their permit on an annual basis following the same
timeframe as a standards business license renewal. As part of the renewal process, vendors shall
submit an updated copy of the health department permit, HMR tax forms, and a re -inspection by the
City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the
City Planning Division.
(D) Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning
districts. A property owner may request a permit from the Planning Division to develop a mobile court
subject to the following standards:
(1) The property owner has provided the Planning Division with a detailed site plan of the mobile vendor
court showing the location and dimensional relationships of the property lines, all proposed mobile
vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting
areas.
(2) Site Improvement Requirements.
(a) Site Design. Sites shall be improved with a barrier between vehicular and customer service areas,
including ordering and dining areas. The barrier may be implied or physical and constructed with
landscaping elements; gated fencing; changes in ground surface texture, material or color; or
similar treatments. Sites which are not already paved with gravel or another hard surface shall
improve their parking areas with gravel or other pavement designed in accordance with the
Parking Lot Design Standards. With respect to landscaping requirements, the entire mobile
vendor court shall be considered a parking lot and perimeter landscaping will be required in
accordance with Parking Lot Landscape Standards.
(b) Sanitation. Adequate restroom facilities shall be provided either on -site or through a shared use
agreement with a neighboring business. Portable toilets, if used, must be screened from view of
the public.
(c) Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety
and shall not be located in customer service areas or customer parking areas.
(d) Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian
condition. New courts may close continuous curb cuts or improve pedestrian conditions with
temporary materials subject to approval of the City Planning Division. Acceptable materials
include planters, plinths, benches, pavers, and other furniture. Temporary improvements
installed by mobile vendor courts shall not reduce access for pedestrians with disabilities.
(E) Limited Time Permits. Permitted food trucks and trailers may operate in the following locations for up to
twelve (12) hours each day, after which they must move to a new location which is out -of -view of the
original location.
(1) Marked parallel parking spaces, which are not reserved for residential use and provided the parking
space is not in front of a business selling similar food. Service to customers shall be only on the
sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the
standard rate for the parking space.
(2) Marked parking spaces within parks pursuant to City Code §97.086.
(3) Private property zoned for food and beverage sales and with the owner's permission.
(4) Parking spaces on the Downtown Square during the following standing events and within the areas
designated for the events by the City Code or special event permit:
(a) Farmer's Market
(b) First Thursday
(Supp. No. 30)
Created: 2023-05-23 16:19:54 [EST]
Page 2 of 4
hts of the Ozarks. The twelve hour time limit does not aaaly to permitted food trucks and trailers
managed by the Fayetteville Advertising and Promotion Commission during Lights of the Ozarks as
authorized by § 117.93 of the City Code.
(F) Exemptions. The provisions of the Mobile Vendor ordinance do not apply to:
(1) The placing and maintenance of unattended stands or sales devices for the sale or display of
newspapers, magazines, periodicals and paperbound books.
(2) The distribution of free samples of goods, wares and merchandise by any individual from his person.
(3) Special events authorized by a special event permit from the City of Fayetteville Parking Management
Division.
(4) Fireworks sales.
(5) Children's lemonade stands.
(6) Temporary tent sales that operate for less than three (3) days. A tent permit from the Planning Division
and Fire Marshal inspection is required.
(7) Temporary sales for non-profit entities that operate for less than five (5) consecutive days.
(8) Non-profit organizations that prepare and donate or give away food for free.
(G) Prohibited Conduct. The following conduct is prohibited for mobile vendors:
(1) Obstruct pedestrian or vehicular traffic flow.
(2) Obstruct traffic signals or regulatory signs.
(3) Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light
system, public address system, radio, sound amplifier, or similar device to attract public attention.
(4) Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting
property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard
to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.
(5) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174:
Signs.
(H) Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or
revoked by the Development Services Director for any of the following reasons:
(1) Fraud, misrepresentation or knowingly false statement contained in the application for the permit or
during presentations to the Planning Commission.
(2) Conducting the business of mobile vending in a manner contrary to the conditions of the permit.
(3) Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of
the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of
abutting property owners.
(4) Cancellation of health department authorization for a food or beverage vending unit due to
uncorrected health or sanitation violations, or;
(1) Notification of Suspension or Revocation. The Development Services Director shall provide written notice of
the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or
revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning
Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed
(Supp. No. 30)
Created: 2023-05-23 16:19:54 [EST]
Page 3 of 4
to both the address of the property owner and the address of the mobile vendor shown on the permit
holder's application by certified mail, return receipt requested.
(Supp. No. 30)
Created: 2023-05-23 16:19:54 [EST]
Page 4 of 4
Form v1.41
fiiddLa
Account #: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72703
Ad number #: 350452
PO #:
Matter of: ORD 6707
AFFIDAVIT • STATE OFARKANSAS
RECEIVED
NOV S 7 2023
UOF FAYETTEVILLE
CLERK'S OFFICE
I, Carla Gardner, do solemnly swear that I am the Finance Director of the NWA Democrat Gazette, a daily newspaper
printed and published in WASHINGTON/BENTON county, State ofARKANSAS; that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6707
Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and
that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement; and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $253.84.
(Includes $0.00 Affidavit Charge).
NWA Democrat Gazette 11126123; NWA nwaonline.com 11126123
Finance Director
State ofARKANSAS, County of WASHINGTON, Subscribed
and sworn to before me on this 27th day of November, 2023
_A
NOTARY PUBLIC
CATHERINE STAGGS
.I �+
W COMMISSION 012402772
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EXPIRES: February 28, 2025
Washington County
Ordinance: 6707
File Number: 2023-1286
LIGHTS OF THE OZARKS (OR-
DINANCE UPDATES):
AN ORDINANCE TO AMEND
§117.93 LIGHTS OF THE
OZARKS TO EXPAND THE EVENT
AREA TO INCLUDE THE BLOCK
OF EAST AVENUE BETWEEN
MOUNTAIN STREET AND CEN-
TER STREET, TO AMEND
§178.04 OUTDOOR MOBILE
VENDORS TO AUTHORIZE FOOD
TRUCKS AND TRAILERS TO OP-
ERATE ON THE DOWNTOWN
SQUARE DURING CERTAIN
STANDING EVENTS, AND TO DE-
CLARE AN EMERGENCY
WHEREAS, since 1994, Lights
of the Ozarks has attracted
thousands of visitors to the
Downtown Square during the
holiday season; and
WHEREAS, the Downtown
Fayetteville Coalition requested
that the City consider authoriz-
ing the closure of East Avenue
between Mountain Street and
Center Street for longer than is
currently allowed by code; and
WHEREAS, approving this ex-
tended closure will keep side-
walks and walkways clear and
accessible, provide organizers
with the flexibility to move food
trucks and trailers around the
square to spread out power
needs, create pedestrian -fo-
cused spaces for people to con-
gregate safely, and keep traffic
flowing smoothly utilizing a U-
shaped traffic plan to alleviate
congestion; and
WHEREAS, City staff agrees
that it will be not only safer for
visitors by expanding the
pedestrian space, but it will also
increase the economic impact
of Lights of the Ozarks by en-
couraging pedestrians to spend
more time patronizing busi-
nesses in the downtown area;
and
WHEREAS, an amendment to
§ 178.04 will clarify that permit-
ted food trucks and trailers may
operate on the Downtown
Square during the Farmer's
Market, First Thursday, and
Lights of the Ozarks.
NOW, THEREFORE, BE 1T OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby repeals §
117.93 Lights of the Ozarks and
enacts a replacement § 117.93
as shown in Exhibit A attached
hereto.
Section 2: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends §
178.04 Outdoor Mobile Vendors
by enacting a new subsection
(E)(4) to authorize permitted
food trucks and trailers to oper-
ate on the Downtown Square
during certain standing events
as follows:
(4) Parking spaces on the
Downtown Square during the
following standing events and
within the areas designated for
the events by the City Code or
special event permit:
(a) Farmer's Market
(b) First Thursday
(c) Lights of the Ozarks. The
twelve hour time limit does not
apply to permitted food trucks
and trailers managed by the
Fayetteville Advertising and Pro-
motion Commission during
Lights of the Ozarks as author-
ized by § 117.93 of the City
Code.
Section 3: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby determines
that this ordinance should be-
come effective without delay to
make the Downtown Square
safer for pedestrians and to
keep vehicular traffic flowing
more smoothly and safely dur-
ing Lights of the Ozarks, which
began on November 17. The City
Council finds that this is neces-
sary for the public peace as well
as the health and safety of
Fayetteville residents and,
therefore, declares an emer-
gency exists such that this ordi-
nance shall become effective
immediately upon its passage
and approval.
PASSED and APPROVED on
November 21, 2023
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk -Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid: $253.84
Nov. 26,2023 350452
RECEIVED
NOV 2 7 2023
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICF