HomeMy WebLinkAboutOrdinance 5185 ORDINANCE NO. 5185
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE BY REPEALING CHAPTER 178: SIDEWALK CAFES
AND REPLACING IT WITH CHAPTER 178: OUTDOOR
VENDORS.
WHEREAS, the City of Fayetteville recognizes that the downtown area is unique and
urban in its development form, and
WHEREAS, the City of Fayetteville recognizes that the downtown' s urban form generates
substantial pedestrian foot traffic, and
WHEREAS, the City of Fayetteville recognizes that appropriate sidewalk areas exist that
have sufficient foot traffic, sidewalk width and accessibility to support sidewalk vendors, and
WHEREAS, the City of Fayetteville encourages opportunities for small business
development, and
WHEREAS, the City of Fayetteville recognizes that sidewalk activity is critical to creating
a lively, safe, and inviting downtown experience.
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
Unified Development Code Chapter 178 : Sidewalk Cafes and replaces it with Chapter 178 :
Outdoor Vendors shown as "Exhibit A" attached hereto and made a part hereof.
• ��.���RK/7R�SG '
PASSED and APPROVED this 7m day of October, 2008. ;A,� ,,
_ U :
APPROVED: ATTEST: = ; FAYETTEVILLE :
��s'9RKa ns God?'
By: By: y�,V���iv�cf� � '''�, TO,N,,,o,�•
DAN OODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
. , ♦ %.R+ . : : . ..s. " _ _ :�4 i =4". o-. . ,'R+_� .[.`^NT�T+�-,
Exhibit "A"
ADM 08-3054
Page 1 of 7
TITLE XV UNIFIED DEVELOPMENT CODEi?�
CHAPTER 77.8 OUTDOOR'VENDORS �� �
178.01 PURPOSE .........................................................................................................................................3
178.02 SIDEWALK CAFES ..........................................................................................................................3
178.03 SIDEWALK VENDORS.....................................................................................................................4
178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY........................................6
178.05 TRANSIENT MERCHANTS .............................................................................................................7
178.06 — 99 RESERVED .......o.........................o.o..0.0............................o...... .......o............... ..........7
CD178:1
Exhibit "A"
ADM 08-3054
Page 3 of 7
178.01 Purpose utility facility or improvement.
It is the purpose of this chapter to promote and
encourage open air retail environments, while (C) Requirements: Sidewalk caf6s shall meet the
preserving and protecting the health, safety and following requirements in order to be
welfare of citizens by promoting opportunities and approved:
regulations for the creation of said exceptions
within the City. (1) Applicants requesting a license must
provide a detailed site plan and written
178.02 Sidewalk Cafes description illustrating the type, location
and dimensions of all furniture to be
placed in the public right-of-way.
(A) Public rights-of-way are designed for free Sidewalk cafes may not be enclosed by
and unobstructed travel. However, the City fixed walls or other permanent
of Fayetteville recognizes that certain structures.
developed and developing areas in a
traditional town form are unique and that (2) Sidewalk cafes must be open to the air,
certain public amenities are not inconsistent except that an awning or canopy
with the underlying dedication for the public conforming to requirements established
right-of-way, as long as they do not impede by the Unified Development Code and
travel or interfere with the public safety. This Building Code may be constructed over
ordinance is designed to encourage the sidewalk caf6. In order to provide
pedestrian activity and make the urban sufficient pedestrian clearance,
environment more attractive. umbrellas must have 7 feet of free and
Sidewalk Cafe Authorization. The Planning clear space from the sidewalk surface to
(B) g the lower edge of the umbrella.
Commission may issue a conditional use
permit allowing a sidewalk caf6 on part of a (3) Property shall be kept clean and free of
specified sidewalk after the applicant has refuse with no permanent trash
notified adjoining property owners. In containers placed on the premises.
addition to the general conditional use
requirements, the Planning Commission (4) All furnishings and fixtures must be of a
shall ensure that no conditional use permit is temporary nature and shall be removed
granted, unless: from the public right-of-way and stored
(1) The proposed sidewalk cafe will not inside during non-operational times.
unduly impact or impede the public's (5) For sidewalk cafes using City right-of-
ability to travel upon or use the sidewalk way for operation, there shall be a
and any other affected public right-of- minimum of five feet or 50% of the total
way, including public utility easements. sidewalk width for clearance, whichever
is greater, to provide adequate and
(2) Any necessary costs to relocate a utility unobstructed pedestrian movement.
or widen the existing sidewalk to
accommodate the proposed sidewalk (6) If at any time the sidewalk cafe is
cafe must be paid by the sidewalk cafe determined to impede travel or interfere
applicant. with the public safety, as determined by
the Planning Division, the sidewalk cafe
(3) The sidewalk cafe applicant may be shall be removed.
required to post a surety bond or letter
of credit sufficient to cover the cost of (7) One A-frame chboard is
removing the sidewalk cafe if necessary permitted within n the sidewalk
alk cafes'
for the city or utility company to access border during hours of operation,
pipes, lines, or other facilities. subject to the applicable regulations in
Ch. 174: Signs for the same.
(4) The sidewalk cafe applicant must
consent that the city or utility company
may remove, without liability or
compensation, part or all of the sidewalk
cafe, if necessary, to get access to a
CD178:3
Exhibit "A"
ADM 08-3054
Page 4 of 7
178.03 Sidewalk Vendors (a) Name, address and contact
information.
(A) Purpose. Public rights-of-way are designed
for free and unobstructed travel. However, (b) Type of items sold or services
the City of Fayetteville recognizes that rendered.
certain development patterns with wide
sidewalks are unique and that certain public (c) A valid copy of all necessary
amenities are not inconsistent with the permits required by State and
underlying dedication for the public right-of- County health authorities.
way, as long as they do not impede travel or
interfere with the public safety. This (d) Proof of application for remittance
ordinance is designed to regulate open air of HMR tax to the City of
vending of goods on public rights-of-way. Fayetteville.
(B) Sidewalk Vendor Authorization. The Zoning (e) Means to be used in conducting
and Development Administrator may issue a business, including but not limited
permit for a sidewalk vendor to use a specific to, a description of any mobile
sidewalk or plaza location for specified hours container or device to be used for
to sell specified goods for up to a one year transport or to display approved
period. In addition to the general use items or services.
requirements, the Zoning and Development
Administrator shall ensure that no permit is (f) A site plan indicating the location
granted unless: and dimensions of the proposed
use and device or pushcart.
(1 ) The applicant has obtained all
necessary permits from State or County (g) A detailed scale drawing, picture or
authorities, including any Transient diagram and material specifications
Merchant permit requirements. of the device or pushcart to be
used.
(2) The applicant has submitted a sales and
use tax number, sales tax remittance (2) The permit issued shall not be
forms and an affidavit that the applicant transferable in any manner.
has fully paid all sales and use taxes
during the previous twelve months, if (3) The permit is valid for one sidewalk
applicable. vending location only.
(3) The applicant has filed a HMR tax (D) Permitted Vending Products and Goods.
remittance form with the City of
Fayetteville, when applicable. (1) The City of Fayetteville permits the
following types of goods for street
(4) The applicant has notified all adjacent vending in approved locations:
property owners, by certified mail, of the
application. (a) Cut Flowers.
(C) Permit Application. Each application for a (b) Food and Beverage
permit to conduct business on a sidewalk
shall be accompanied by a $100 application (2) All goods being sold from sidewalk
and permit fee. Permits issued after July 1 " vendors shall:
shall be accompanied by a $50 application
and permit fee. Eachyermit will expire at 3 (a) Be located within the permitted area
a.m. on January 1 following the year and be attended at all times.
issued. The permit fee shall be collected Sidewalk vendors shall not conduct
prior to issuance of the permit. transactions with vehicular traffic
(1) Application for a sidewalk vendor permit located in the right-of-way.
shall include the following items in a
format acceptable to the Zoning and (b) Not lead to or cause congestion or
Development Administrator: blocking of pedestrian traffic on the
sidewalk.
CD178:4
Exhibit "A"
ADM 08-3054
Page 5 of 7
(c) Involve a short transaction period to (2) The number of permits issued for the
complete the sale or render the street vending location shall not exceed
service. the capacity of the area in terms of
maintaining the use of the sidewalk as a
(d) Not cause undue noise or offensive public right-of-way. The Planning
odors. Commission shall consider the width of
sidewalk, the proximity and location of
(e) Be easily carried by pedestrians. existing street furniture, including, but
not limited to: signposts, lamp posts,
parking meters, bus shatters, benches,
(E) Location Requirements. Sidewalk vendors phone booths, street trees and
are permitted in specific locations in newsstands, as well as the presence of
Fayetteville as a use by right. These bus stops, truck loading zones, or taxi
locations have been determined by the City stands to determine whether the
Council to have adequate sidewalk width, proposed use would result in pedestrian
pedestrian traffic flow, and they minimize or street congestion
potential conflicts with existing businesses.
Sidewalk vendors are not permitted to (G) Requirements. Sidewalk vendors conducting
operate on days / times associated with business on the sidewalks of the City of
special events, unless they have been Fayetteville with a valid permit issued under
approved and granted a Special Events this Chapter may transport and/or display
Permit from the organization coordinating the approved goods upon the approved mobile
special event. Maps of approved locations device or pushcart, under or subject to the
are available in the Planning Division. The following conditions:
locations where street vending is allowed as
a permitted use are: (1 ) The operating area shall not exceed 40
(1 ) North and West sidewalks in front of the square feet of sidewalk, which shall
Walton Arts Center. Sidewalk vendors include the area of the mobile device,
may locate along West Avenue and operator and trash receptacle. The
Dickson St. in front of the Walton Arts Planning Division will provide a map of
Center approved vendor locations.
(2) Inside of the Fayetteville Square. (2) The length of the mobile device or
Sidewalk vendors may locate along pushcart shall not exceed 6 feet and the
sidewalks on all sides of the interior of width shall not exceed 3 feet.
the downtown Fayetteville Square. On
days / times that the Farmers' Market or (3) The height of the mobile device or
other special events operate, sidewalk pushcart, excluding canopies,
vendors shall only be permitted if umbrellas, or transparent enclosures,
approved through the Farmers' Market shall not exceed 5 feet.
or Special Event Permit process.
(F) Conditional Use Permit. If an applicant (4) No permanent hardware shall be affixed
wishes to operate as a sidewalk vendor in a to the sidewalk or adjacent buildings.
location other than those specifically
approved by the City Council, a conditional (5) Mobile generators are prohibited.
use permit must be obtained. Upon receipt of
a conditional use permit application, the (6) No sidewalk vendor may conduct
Planning Commission shall review the business on a sidewalk in any of the
proposed permit operating area to determine following places:
if the said area is suitable for street vending
in accordance with this chapter. In making
this determination, the Planning Commission (a) Within 10 feet of the intersection of
shall consider the following criteria: the sidewalk with any other
sidewalk. Sidewalk intersections
(1 ) The application meets all other criteria shall be kept clear for pedestrian
established herein for a sidewalk safety.
vendor.
CD178:5
Exhibit "A"
ADM 08-3054
Page 6 of 7
(b) Within 10 feet of any handicapped (H) Signage. Sidewalk vendors shall obtain a
parking space, or access ramp. sign permit from the Planning Division prior
to the issuance of a permit to operate.
(c) Within 15 feet of a fire hydrant. Sidewalk vendors are permitted a total of
one (1) A-frame sandwich/menu board
subject to Ch. 174 Signs regulating these
(d) Within 15 ft. of an entrance to a type of signs. The menu board shall list the
building. products and
p prices for the items being
vended. Only products or services available
(7) Street vending facilities shall be at the vending location shall be displayed.
removed from the public right-of-way
when not in use. Sidewalk vendors are (1) Revocation of the Sidewalk Vendor Permit.
only allowed to operate between the The Zoning and Development Administrator
hours of 5 a.m. and 3 a.m. All carts shall is authorized to revoke a sidewalk vendor's
be removed from the public right-of-way permit if it is determined that a violation of
during non-operational hours. the requirements of the Unified Development
Code has occurred.
(8) Sidewalk vendors shall display in a
prominent and visible manner the permit
issued by the Planning Division. 178.04 Outdoor Mobile Vendors
Located on Private Property
(9) The Fire Marshal shall inspect and
approve any food and beverage (A) Purpose. To permit outdoor mobile vendors,
pushcart to assure the conformance of also known as transient merchants, to
all cooking or heating apparatus with the operate on private property while preserving
provisions of the City Fire Code. and protecting the health, safety and welfare
of citizens.
(10) Sidewalk vendors who sell food and
beverage are required to be permitted, (B) Requirements. Transient merchants located
and receive approval, through the on private property shall meet the following
Arkansas Department of Health and requirements and submittals prior to
Human Services for food related approval:
establishments. A copy of the permit
issued by the State, and inspected and (1) Permit Application. Each application for
approved by the Washington County a permit to conduct a transient merchant
Health Department, shall be supplied to business shall be accompanied by a
the Planning Division prior to Planning $50 permit review and processing fee.
Division approval.
(2) Application for a permit to conduct a
(11 ) All sidewalk vendors must pick up and transient merchant business shall
properly dispose of all paper, cardboard, include the following items in a format
metal, plastic or other litter in any form acceptable to the Zoning and
(including cigarette butts) within the Development Administrator:
sidewalk area assigned to the vendor
within thirty minutes of the end of daily (a) Name, address and contact
operations. Failure to completely information.
remove all such litter from the
authorized sidewalk location shall (b) Type of items sold or services
constitute a violation of the permit rendered. A change in product or
approval. service will require a new permit to
be issued.
(9) No sidewalk vendor shall solicit, berate or
make any noise of any kind by (c) A valid copy of all necessary permits
vocalization or otherwise, for the required by State and County
purpose of advertising or attracting health authorities.
attention to his wares. No audible
amplified music shall be permitted.
(d) Proof of application for remittance of
HMR tax to the City of Fayetteville.
CD178:6
Exhibit "A"
ADM 08-3054
Page 7 of 7
(e) Means to be used in conducting approved by the Planning Division for a
business including but not limited to new location.
a description of any mobile device
to be used for transport or to (8) Outdoor mobile vendors shall be in
display approved items or services. compliance with parking lot
requirements for any existing and the
(f) A detailed site plan and written proposed business. The number of
description illustrating the type, required parking spaces is determined
location, and dimensions of the by the use and size of the proposed
mobile vendor business including transient merchant business, and by the
parking. use and size of the existing business.
Parking spaces on the property where
the outdoor mobile vendor is located
(g) Written authorization, signed by the shall be paved and striped in order to be
property owner or legal utilized. The use of parking for an out
representative of record, stating door mobile vendor may not reduce the
that the transient merchant number of spaces necessary for other
business is permitted to operate on uses occurring on the property. An
the subject property. adequate number of parking spaces for
the existing businesses and the outdoor
(3) The permit issued shall not be mobile vendor must be provided onsite.
transferable in any manner. The location of the outdoor mobile
vendor shall not impede traffic flow or
( create a dangerous traffic condition, as
4) The permit is valid for one mobile
determined by Planning Division upon
vendor location only. review of the site plan.
(5) The proposed use shall be a permitted
use-by-right within the underlying zoning 178.05 Transient Merchants
district in order to be permitted.
All transient merchants are subject to regulations
(6) A Temporary Certificate of Zoning and registration under Arkansas state statutes.
Compliance (90 days) shall be approved Any criteria established herein shall not relieve
by the Planning Division. the applicant from meeting applicable criteria
relative to transient merchants. "Transient
(7) Outdoor mobile vendors are allowed on merchant" means any person, firth, corporation,
a temporary basis (90 days), by nature partnership, or other entity that engages in, does,
of their temporary occupancy, in one or transacts any temporary or transient business
location over a one-year (twelve month) in the state, either in one (1) locality or in
timeframe. Outdoor mobile vendors traveling from place to place in the state, offering
may move to a different location after for sale or selling goods, wares, merchandise, or
this 90-day period has expired. services.
However, a new Outdoor Mobile Vendor
Application will have to be reviewed and
CD178:7
RECEg - J
1 J ,
Arkansas Democrat 701axette CITY OF FAYETTEVILLE
Northwest Arkansas Times OCT 16 2008
Benton County Daily Record c n°`LFAs OFF CELE
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville Ordinance 5185
October 14, 2008
Publication Charge : $585.53
Signed: --Lsj"-L!) Ll--------
Subscribed and sworn to before me
This qday of 2008. .
Notary Public
My Commission Expires: �(Wav- D / 02
0�S MM. J ✓,
Do not pay from Affidavit, an invoice will be sent A
W;,g�pTARY in
9 ' PUB\ \G
� y G0
+ T ` ORDINANCE NO. SIBS
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE BY N"SALIIOiCHAP•
ITS 1781 SIDEWALK CAFES AND REPLACING IT WITH CHAPTER 1702 OUTDOOR VEII.
GOR t rye"WHEREAS, the Ciry of Fayetteville recognizes that the downtown area is unique and urban in Its level-
opment form, and
WHEREAS, the City of Fayetteville recognizes that the downtown's urban form generates substantial
Pedestrian foot banks, and
WHEREAS, the Cay of Fayetteville recognizes that appropriate sidewalk areas exist that have slifficlern foot traffic, sidewalk width and accessibility to
support Sidewalk vendors, and j&
WHEREAS, the City of Fayetteville encourages opportunities for small business development;and
WHEREAS, the City of Fayetteville recognizes that sidewalk SoftIN Is critical to creating a lively, safe, and Inviting downtown experience.
NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council OR Ne City of Fayetteville, Arkansas, hereby repeals UnUledq)evelopment Code Chapter 178: Sidewalk Cafes and
replaces it with Chapter 178: Outdoor Vendors shown as -Exhibit A' attached hereto and made a part hereof.
PASSED and APPROVED this 7th day of October, 2006.
APPROVED: By: DAN COOOY, Mayor ATTESTI By. SONDRA E. SMITH, CIry Clerk/freesurer;�
EaMbN •A" I{I
ADM DEVELOPMENT TITLE XV UNIFIED CI ODE
SIDEWALK CAFES CHAPTER 1781 OUTDOOR VENDORS
170.02 SIDEWALK 178.01 [ 8
1
178.03 SIDEWALK VENDORS 34',
178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY 8
/711.05 TRANSIENT MERCHANTS 7'.� �.
17&OS - 99 RESERVED 7 '1
CHAPTER 1781 OUTDOOR VENDOR
178.01 Purpeee +)�
11 is the purpose of this chapter to promote and encourage open ale retail environments, while preserving and protecting the health, eatery and welfare of
citizens by promoting opportunities and regulations for the creation of said exceptions within the City.
178.02 Sidewalk Cat" ilk
(A) Public rlghisof-way are designed fix free and unobstructed travel. However, the City ofFIaI Revile recognizes that certain developed and del
oping areas in a traditional town form are unique and that certain public amenities are not inconsistent with the underlying dedicatlon for the public right.
of-way, as brig as they do not Impede travel or Interiere with the public safely. This ordinance is deysigned to encourage pedestrian activity and make the
urban environment more attractive. )'i N
(B) Sidewalk Cafe Authorization. The Planning Commission may lease a conddionat use permit allowing a sidewalk cafe on part of a specified ada-
walk after the applicant has notified adjoining property owners. In addition to the general conditional use requirements, the Planning CormYasion shall
ensure that no conditional use permit Is granted, unless: )14
(1) The proposed sidewalk cele will not unduly impact or Impede the public's ability to travel upon or use Me sidewalk and any other affected put>
Ric rlghl-of-way. Including public utility easements. I I ;}I
(2)Any necessary costs to relocate a utility a widen Via existing sidewalk to accommodat't a proposed sidewalk cafe must be paid by the skle�
walk Said applicant.
(3) The sidewalk cafe applicant may be required to post a surety bond or letter of credit sufficient to cover the cost Of removing the sidewalk cafe
fl necessary for the city or utility company to access pipes, lines, or other facilities. E
(4) The sidewalk cote applicant must consent that the city or utility company may remove;without liability or compensation, pert or al of the Side-
walk cafe
, it necessary, to get access to a utility facility or improvement. ilii
(C) Requirements: Sidewetk cafes shall meet the folowing requlrements in order to be approved:
(1) Applican6 requesting a license must provide a detailed site plan and written description illusbatlng the type, location and dimensions of all
furniture M be placed In the public right-of-way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures.
(2) Sidewalk cafes must be open to the all, except that an awning or canopy, conforming to lequlrements established by the Unified Development
Code and Building Code may be constructed over the sidewalk cafe. In order to provide Sun intent pedestrian clearance, umbrellas must have 7 feet of
free and clear space from the sidewalk surface to the lower edge of the umbrella. ) it
(3) Property shall be kept clean and free of refuse with no permanent trash containers placed on the premises,
(4) All furnishings and filatures muss be of a temporary nature am shall be removed tram the public right-of-way and stored inside during ron-
operational times. 1
1 (5) For sidewalk cafes using Cityrightoi-way for operation, there shall be a minkum of fine feet's 50% of the total sidewalk wblh for clearance,
whichever Is greater, to provide adequate and unobstructed pedestrian movement. jig ..
(6) If at any time the sidewalk cafe is determined to impede travel or interfere with the public safety, as detemined by the Planning Division, the j
sidewalk cafe shall be removed. [ I ?
(7) One Adrame sandwlch(manu board is permitted within the sidewalk cafes' border during hours Of operation, subject to the applicable regula-
tions in Ch. 174: Signs for Ina same.
178.03 Sidewalk VaMon
r (A) Purpose TC *176.01 Purpose' V C V '1' . Public fights-of-way are designed for free and unobstructed level. However, the City of Fayetteville an-
1 ognizes that certain development contains with wide sidewalks are unique end that certain public amenities are not Inconsistent with the underykhp ded-
f (cation for the public dgnt-of-way, as long as May do not impede travel or interfere with the public safety. This ordinance is designed M regulate open air
vending of goods on public fights-of-way. f�k
(B) Sidewalk Vendor Authorization, the Zoning and Development Administrator may Issue a permit for a Sidewalk Vendor to use a specific sidewalk
a plaza location fa Specified hours to sell specified goods for up to a one year period. In addition to the general use requirements, Me Zoning and
Development Administrator shall ensure that no permit Is granted unless: I )
(1) The applicant has obtained all necessary permits from State or County authorities. including any Transient Merchant Parini requirements.
(2) The appfir has Submitted a sales and use tax number, sales tax remittance forms and an affidavit that the applicant has fully paid all sales
and use taxes during me previous twelve monMs. It applicable. +i' I
(3) The applicant has filed a HMR tax remittance farm with the CIry of Fayetteville, when applicable.
(4) The applicant has notified all adjacent property owners, by certified mall, of me application.
(C) Permit Application. Each application for a permit to condua business on a sitlewalk shall tie accompanied by a $100 application and permit fee.
Permits issued after July tat shall be accompanied by a S50 application antl permit fee. Each pe;mt will expire at 3 a.m. on January fat following the
year Issued, The permit fee Shell be collectetl prior to Issuance of the peonit A I
(1)Application for a sidewalk vandal permit shall include the Moving items In a format acceptable to me Zoning and Development Administrator: `
(a) Name, address and contact information. '
(b) Type of Items Sold or Services rendered.
(c) A valid copy of all necessary permits required by State and County health authorities,
(d) Proof of application for remittance of HMR tax to the City of Fayetteville.
(e) Means to be used in conducting business, Including but not limited to, a description of any mobile container or device to be wed to fraw-
pat or to display approved Nems or services.
r (f) A site plan indiCating the location and dimensions of the proposed use and device a:pushcart.
(g)A detailed scale drawing, picture or diagram and material specifications of the device Of pushcart to be used.
(2) The permit issued shall not be transferable in any manner.' " - - #• - - - i. e
(3) The permit is valid for one sitlewalk vending location only.
(0) Permitted Vending Products and Goods,
(1) The City of Fayetteville permits the fallowing types of goods for street vending In approved locations:
(a) Cut Flowers +
(b) Food and Beverage s(
(2) AN goods being sold from sidewalk vendors shall:
(a) Be located within the permitted area and be attended at all times. Sidewalk ventlos shall not conduct transactions with vehicular traffic ,
located in the right-of-way.
(b) Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk.
h (c) Involve a short transaction period to complete the sale or render the service.
(d) Na cause undue nolle or offensive offs.
(e) Bo easily carried by pedestrians.
IE1
ed byc he Requirements. Sidewalk vendors are lk M th. in specific bcffic fl ,and they ri in a use by right onese locations ex neve been doter.
mined by the Cit= Connell to have o operate sitlewalk width, pedestrian traffic s lbw, and they 1083 M e porenb conflicts with existing businesses.
Sidewalk vendors ere not permitted to operate t days climes astpsqfiw�
Map Of with special everns; m ave May have Caen approved and pranced a Spacial
Events Permit from the Organizationa peritted use am:
epactal evert. Maps of approved locations am available in the Planning Division.The bceflonswhere '€
1 street vending Is allowed as a permitted use are: '
i C l
(i) n end West sidewalkd s In front the Walton Arts Center. Sidewalk vendors mary locate along West Avenue and Dickson St. in front of the
rts Ci ,
{ Walton AM _
r (2) Inside of the Fayetteville Square. Sidewalk vendors may, locate along sidewalks on atsldes of the Interior of the downtown Fayetteville Square.
r On days / times that the FarmersMarket or other special Events operate, sidewalk vendors shall only be permitted If approved through the Farmers'
Market or Special Event Permit process. . L
(F) Conditional Use Permit. 11 an applicant Wanes to operate as a sidewalk vendor in a IpCatbn other than those specifically approved by the City
Council, a conditional use permit must be obtained. Upon receipt of a conditional use permit a`ppliceflon, the Planning Commission shay review the pro-
posed permit operating was to determine Ii the said area Is suitable for street vending in accordance with this chapter. In making this determination, Me
Planning Canhisslon shag consider the following criteria:
(1) The application meets all other criteria established herein for a sidewalk vendor. t
(2) The number of permits Issued for the streot vending location shall not exceed the c pacify of the area in terms of maintaining the use of the {
sidewalk as a public right-of-way. The Planning Commission shall consider the width of sidewalk, the proximity and location of azisfing street NrnlNre,
{ including, but not limited to: signposts, lamp posts, parking "lets, bus shelters, benches. plione booths, street trees and newsstands, as well as the
J presence of bus slope, truck loading zones, or text stands to determine whether the proposed ruse would result In pedestrian a street congestion.
(G) Requirements. Sidewalk vendors conducting business on the sidewalks of the City of IPayettevine with a valid permit Issued most INS Chapter i
may transport and/or display approved goods upon the approved mobile device or pushcart, Under or subject to the following conditions;
! (1) The operating area shag not exceed 40 square feet of sidewalk, which shall include the area of themobile device, operator and fresh recep-
tacle. The Planning Division will provide a map of approved vendor locations. i l$
k (2) The length of the mobile device or pushcart shell not exceed 6 feet and the width shall nor exceed 3 feet. ' •
(3) The height of the mobile device or pushcart, excluding canopies. umbrellas, or transparent enclosures, shall nor exceed 5 feel.
{ (4) No permanent hardware shall be affixed to the sidewalk oradjacent buildings.
4 (5) Mobile generators are prohibited.
(6) No sidewalk vendor grey conduct business on a sitlewalk in any of the following places:
r (a) Within 10 feet of the Intersection of the sidewalk with any oPrer sidewalk. $Idewalk intersections shall be kept dear for pedestrian Satisfy.
(b) Within 10 feet of any handicapped parking space, or access ramp. ` f
1 (c) Within 15 feel of a gra hydrant. (`{
(d) Within 15 R. of an entrance to a building. r
(7) Street vending facilities shall be removed from the public r gM-ot-way when not in use. Sidewalk vendors are only allowed to operate between i
f the hours of 5 a.m. and 3 a.m. Al cant shall be removed from the public right-of-way during ndnoperwional hours.
(B) Sidewalk vendors shell display In a prominent and visible manner the permit issued jCy the Planning Division.
(9) The Fire Marshal shall Inspect and approve any food and beverage pushcart to assure the conformance of all cooking or heating apparatus
with the provisions of the City Fire Code. r . ' • 4k
(10) Sidewalk vendors who sell food and beverage are required to be permitted, and III approval, through the Arkansas DepemTraM d Health
and Humen Services for food related establishments. A copy dine permit Issued by the State,tend inspected and approved by the Washington County j
Health Department. shall be supplied to the Planning Division prior to Planning Division approval.
(11) All sidewalk vendors must pick up and properly dispose of all paper, cardboard, Metal, plastic or other lifter in any form (including cigarette I
butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove an such litter from
the authorized sidewalk location shall constitute a violation of the permit approval. rI
(12) No sidewalk vendor shall solicit, berate a make any noise of any antl by vncahzeritin or otherwise, for the purpose of advertising or attract j
Ing attention to his wares. No audible amplified music shag be permitted. X! {
(H) Signage. Sidewalk vendors shall obtain a sign permit from the Planning Division prior to 01e issuance of a permit to operate. Sidewalk vendors
are permtted a total of one (1) A-frame sandwich/menu board subject to Ch. 174 Signs regvialfng these type of signs. The Menu board shall IIsi the pmt.
'i use and prices for the Items being vended. Only Products or services available M the vending hmagon shag be displayed.
(I) Revocation of the Sidewalk Vendor Permit. The Zoning and Development Administrator is authorized to revoke a sidewalk vendors permit If It Is
r determined that a violation of the requlremehis of the Unified Development Code has Occurred,1
178.04 Outdoor Mobile Vendort Located m lorlrats Property
(A) Purpose. To permit outdoor mobile vendors, also known as transient merchants, to operate on private property while preserving and protecting i
r the health, safety and welfare of citizens. 1 t1
(B) Requirements. Transient merchants located on private property shell meat the following requirements and submittals prior to approval; I
r (1) PerrMl Application. Each application for a permit to conduct a transient merchant business shall be accompanied by a $50 pemdt review and
j processing fee. )l�
(2) Application for a permit to conduct a transient merchant business shall include the.toyllowing items In a format acceptable to the Zoning and
Development Administrator: � ! j
e) Name, address and contact Information. 1
(b) Type of Items sold or services reMered. A change in product o service will require a new permit ro W issued. )
(c) A valid copy of all necessary permits required by Siete and County heats autlrorities.
(d) Prod of application for remittance of HMR rex to the City of Fisyetteville. jj rr
(a) Means to be used In conducting business including but not limited to a descriptiod arty mobile device to be used for transport or tlis-
play approved Items a servicesk ki {
(q A detailed site plan and wriften description Illustrating the type, bcatbn, and dimensions of the mobile vendor business Including Parking, q
(g) Written authorization, signed by the property owner or legal representative of record, stating that the transient merchant OusMeas Is per- 1
mixed to operate on the subject property. tl�
(3) The permit issued shall not be transferable In any manner. L`I
(4) The permone bc
it is valid for omobile vendor adon ony.
(5) The proposed use shall be a permitted use-by-fight k the underlying zoning disc A in ortler to be permitted.
(6) A Temporary Certificate of Zoning Compliance (90 days) shall be approved by the Planning Division.
(7) Gummor mobile vendors are allowed on a temporary basis (90 days), by nature of thejr temporary occupancy, In one location Over a one-year
(twelve month) timeframe. Outdoor mobile vendors may move to a different location oiler this 90-Cay period has expired. However, a new Outdoor Mobile
Vendor Application will have to be reviewed and approved by the Planning Division for a new location.
(B) Outdoor mobile vendors shall be in compliance with parking lot requirements for any existing and the proposed business. The number or tt
required parking spaces is determined by the use and size of the proposed transient merohantlbusirress, and by Ute use and size or the existing buss-
rase. Parking spaces on the property where the oudm mobile vendor is located snag be paved and stoped in order to be utilized. The use of parking
for an out door mobile vendor may not reduce the number Of spaces necessary for other uses occurring on the property. An adequate number of park-
ing spaces for the existing businesses and the outdoor mobile vendor must be provided onsite. The location of the outdoor mobile vendor shag trot
impede traffic flow or create a dangerous traffic condition, as ddemnlned by Planning Division upon review of the site plan.
1 17113.03 Mm1aM Morcbards
IS Al transient merchants we subject to regulations and registration under Arkansas state statutes.IMy criteria established herein shall not relfevethe Solicit-
cant frau Meeting applicable criteria relative to transient merchants. 'Transient merchant' means any person, firm, coporetbn, partnership, or other
entity that engages in, does, or transects any temporary or transient business In the state, either bone (1) locality a in traveling from place to place in
Ire slate. Offering for sale or Seung goods, wares, merchandlu, or services �I
OPZ
City of Fayetteville Staff Review Form / 01P7 169
City Council Agenda Items 5 ( 5J
and 91II&A
Contracts, Leases or Agreements
10/7/2008 1 /0
City Council Meeting Date wbr
Agenda Items Only VAX,/ , AA
Leif Olson Planning Operations v �"r
Submitted By Division Department
Action Required:
ADM 08-3054: (Sidewalk Cafe and Vendor Ordinance): Planning staff recommends approval of an ordinance
amending Chapter 178: Sidewalk Cafes to add location and operational standards for sidewalk vendors and outdoor
mobile vendors.
$
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
9 COE, Previous Ordinance or Resolution #
Department Direct- Date
Original Contract Date:
- / q — O p Original Contract Number:
City Attorney Date
Received in City EN
Clerk's Office
Finance and Internal Service Director Date 's
T RED
Received in 9
Mayor's Office
Mayor Date
Comments:
Revised April 16, 2007
City Council Meeting of October 7, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Gary Dumas, Director of Operations
Karen Minkel , Interim Director of Long Range Planning
From: Leif Olson, Long Range Planner
Date: September 18, 2008
Subject: ADM 08-3054 (Sidewalk Caf6 and Vendor Ordinance) Approval of an
ordinance to re-adopt Chapter 178 : Sidewalk Cafes of the Unified Development Code to
include provisions for sidewalk pushcart vendors and outdoor mobile vendors. Chapter
178 will be retitled Outdoor Vendors.
RECOMMENDATION
Staff recommends approval of an ordinance amending Chapter 178: Sidewalk Cafes to
include outdoor mobile vendors and sidewalk pushcarts.
BACKGROUND
The City Council adopted Unified Development Code Chapter 178 : Sidewalk Cafes in
2006 after the adoption of the Downtown Master Plan. The purpose was to allow for
sidewalk dining opportunities in locations throughout the city where sidewalk width and
site conditions were sufficient. Unfortunately, Planning has yet to process a Conditional
Use Permit for a sidewalk caf6. However, Planning has received numerous requests from
individuals wanting to develop sidewalk vendor businesses in the downtown area. This
amendment to the Sidewalk Caf6 chapter includes operational standards and location
requirements for sidewalk vendors, and it will codify the transient merchant license
process that the Planning Department currently administers.
Planning Staff worked with a variety of city divisions in order to address the numerous
issues that invariably come up in this type of complicated ordinance. Staff is proposing
an ordinance that allows street vendors to operate, within designated areas, subject to
administrative approval and permitting by the Zoning and Development Administrator.
The two designated areas are the sidewalks on the north and west side of the Walton Arts
Center and the sidewalk along the inside of the downtown square. A conditional use
permit is required for a sidewalk vendor to locate in other areas of the city.
BUDGET IMPACT
None
ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT
CODE BY REPEALING CHAPTER 178: SIDEWALK CAFES
AND REPLACING IT WITH CHAPTER 178: OUTDOOR
VENDORS.
WHEREAS, the City of Fayetteville recognizes that the downtown area is unique and
urban in its development form, and
WHEREAS, the City of Fayetteville recognizes that the downtown's urban form generates
substantial pedestrian foot traffic, and
WHEREAS, the City of Fayetteville recognizes that appropriate sidewalk areas exist that
have sufficient foot traffic, sidewalk width and accessibility to support sidewalk vendors, and
WHEREAS, the City of Fayetteville encourages opportunities for small business
development, and
WHEREAS, the City of Fayetteville recognizes that sidewalk activity is critical to creating
a lively, safe, and inviting downtown experience.
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
Unified Development Code Chapter 178: Sidewalk Cafes and replaces it with Chapter 178:
Outdoor Vendors shown as "Exhibit A" attached hereto and made a part hereof.
PASSED and APPROVED this day of , 2008.
APPROVED:. ATTEST:
By:
DAN COODY, Mayor
By:
SONDRA E. SMITH, City Clerkfrreasurer
Exhibit "A"
ADM 08-3054
Page 1 of 7
TITLE XV UNIFIED DEVELOPMEI
CHAPTER 178: OUTDOOR VEI
178.01 PURPOSE...................................................................................
178.02 SIDEWALK CAFES....................................................................
178.03 SIDEWALK VENDORS...............................................................
178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PR(
178.05 TRANSIENT MERCHANTS ..............................................
118.06-99 RESERVED.........................................................................
)E
................................................... 3
................................................... 3
...................................................4
...................................... 7
......................................7
CD178:1
Exhibit "A"
ADM 08-3054
Page 3 of 7
178.01 Purpose utility facility or improvement.
It is the purpose of this chapter to promote and
encourage open air retail environments, while (C) Requirements: Sidewalk cafes shall meet the
preserving and protecting the health, safety and following requirements in order to be
welfare of citizens by promoting opportunities and approved:
regulations for the creation of said exceptions
within the City. (1) Applicants requesting a license must
provide a detailed site plan and written
178.02 Sidewalk Cafes description illustrating the type, location
and dimensions of all furniture to be
placed t the public right-of-way.
(A) Public rights -of -way are designed for free i
Sidewalk cafes may not be enclosed by
and unobstructed travel. However, the City fixells or other permanent
of Fayetteville recognizes that certain structure
developed and developing areas in a
traditional town form are unique and that .r
certain public amenities are not inconsistent (2) Siewalk cafes must be open to the ai
except that o awning or canopy with the underlying dedication for the public conforming to requirements established
right-of-way, as long as they do not impede by the Unified De etopment Code and
travel or interfere with the public safety. This
Building Code ma\y be eonstmcted over
ordinance is designed to encourage the'rsldewalk cafe. In order to provide
pedestrian activity and make the urban fficient pedestran' clearance,
environment more attractive. �e7mmbrellas must have 7 feet of free and
clear space from the sidewalk surface to
(B) Sidewalk mmisCafe Authorization. The Pdal n se ewer edge of the umbrella.
Commission may issue a conditional use
permit allowing a sidewalk cafe on par) of a
(3) Property shall be kept clean and free of
specified sidewalk after the applicant ha refu a with no
notified adjoining permanent trash
property owners. In containers placed on the premises.
addition to the genera conditional use
requirements, the Planning Commission
/+d:. (4) All furnishings and fixtures must m of a
shall ensure that no conditional us permit is temporary nature and shall be removed
granted, unless: from the public right-of-way and stored
(1) The proposed sidewalk ate wi I not nside during non -operational times.
und`ly4mpact orr ;m ede the public's* (5) For sidewalk cafes using City right -of -
ability to travel upon ocuse the sidewalk
w— tany i- v way for operation, there shall be a
andother affected public right -of- o
minimum of five feet or 50 /o of the total
way, including public,utilit9%easements. sidewalk width for clearance, whichever
s greater, to provide adequate and
(2) Any necessary costsNto Telocate a utility unobstructed pedestrian movement.
or widen the exis ng sidewalk to
acc cmmodate the proposed sidewalk
caf� must'be paid by,the sidewalk cafe
(3) The sidewalk cafe applicant may be
required to post a surety bond or letter
of credit sufficient to cover the cost of
removing the sidewalk cafe if necessary
for the city or utility company to access
pipes, lines, or other facilities.
(6) If at any time the sidewalk cafe is
determined to impede travel or interfere
with the public safety, as determined by
the Planning Division, the sidewalk cafe
shall be removed.
(7) One A -frame sandwich/menu board is
permitted within the sidewalk cafes'
border during hours of operation,
subject to the applicable regulations in
Ch. 174: Signs for the same.
(4) The sidewalk cafe applicant must
consent that the city or utility company
may remove, without liability or 178.03 Sidewalk Vendors
compensation, part or all of the sidewalk
cafe, if necessary, to get access to a
CD178:3
Exhibit "A"
ADM 08-3054
Page 4 of 7
(A) Purpose. Public rights -of -way are designed
for free and unobstructed travel. However,
the City of Fayetteville recognizes that
certain development patterns with wide
sidewalks are unique and that certain public
amenities are not inconsistent with the
underlying dedication for the public right-of-
way, as long as they do not impede travel or
interfere with the public safety. This
ordinance is designed to regulate open air
vending of goods on public rights -of -way.
(B) Sidewalk Vendor Authorization. The Zoning
and Development Administrator may issue a
permit for a sidewalk vendor to use a specific
sidewalk or plaza location for specified hours
to sell specified goods for up to a one year
period. In addition to the general use
requirements, the Zoning and Development
Administrator shall ensure that no permit is
granted unless:
(1) The applicant has obtained all
necessary permits from State or County
authorities, including any Transient
Merchant permit requirements.
(2) The applicant has submitted a sal'
use tax number, sales tax rem
forms and an affidavit that the ap
has fully paid all sal s and use
during the previo s twelve mor
applicable.
(3) The applicant has filed a/HMR tax
remittance form with the Citvaof
(4) The applicantlhas notifie> ll .adjacent
orooerty owners. bv..cer4ied'nail, of the
(C) Perini' pplication. Eachjapplication'for a
permit totconduct business;on a sidewalk
shall be accompanied by a.$100 application
and permit fee:'tPermits iss ed after July 15'
shall be acco?npahidy,a $50 application
and permit fee. Each permit will expire at 3
a.m. on January"%1)" following the year
issued. The permit fee shall be collected
prior to issuance of the permit.
(1) Application for a sidewalk vendor permit
shall include the following items in a
format acceptable to the Zoning and
Development Administrator:
(a) Name, address and contact
information.
(b) Type of items sold or services
rendered.
(c) A valid copy of all necessary
permits required by State and
County health authorities.
(d) Proof of application for remittance
of HMR tax to the City of
Fayetteville.
(e) Meanssato be used in conducting
business, including but not limited
to, a description of any mobile
ontainer or device to be used for
trans ort or to display approved
items orservices.
(f) A site plan indicating the location
and dimensions of the proposed
use and device 'pushcart.
A'detailed scale drawing, picture or
diagram and material specifications
of the device or pushcart to be
used.
(2) The permit issued shall not be
transferable in any manner.
(3)" The ermit is valid for one sidewalk
vending location only.
(D) Permitted Vending Products and Goods.
CD178:4
(1) The City of Fayetteville permits the
following types of goods for street
vending in approved locations:
(a) Cut Flowers.
(b) Food and Beverage
(2) All goods being sold from sidewalk
vendors shall:
(a) Be located within the permitted area
and be attended at all times.
Sidewalk vendors shall not conduct
transactions with vehicular traffic
located in the right-of-way.
(b) Not lead to or cause congestion or
blocking of pedestrian traffic on the
sidewalk.
(c) Involve a short transaction period to
complete the sale or render the
service.
Exhibit "A"
ADM 08-3054
Page 5 of 7
(d) Not cause undue noise or offensive public right-of-way. The Planning
odors. Commission shall consider the width of
sidewalk, the proximity and location of
(e) Be easily carried by pedestrians, existing street furniture, including, but
not limited to: signposts, lamp posts,
(E) Location Requirements. Sidewalk vendors parking meters, bus shelters, benches,
are phone booths, street trees and
permitted in specific locations in newsstands, as well as thepresence of
Fayetteville as a use by right. These p
bus stops, truck
locations have been determined by the Cityeg zones, r taxi
stands to
Council to have adequate sidewalk width, determine whether the
pedestrian traffic flow, and they minimize proposed use would result in pedestrian
or street congestion
potential conflicts with existing businesses.
Sidewalk vendors are not permitted to
operate on days / times associated with (G) Requirements. Sidewalk vendors conducting
special events, unless they have been business on the sidewalks of the City of
approved and granted a Special Events Faye Ville with a valid permit issued under
Permit from the organization coordinating the this`jChapter m y, transport and/or display
special event. Maps of approved locations appr ved good upon the approved mobile
are available in the Planning Division. The device or pushcart, u der or subject to the
locations where street vending is allowed as following conditions
a permitted use are:
(1) The perating area shall not exceed 40
(1) North and West sidewalks in front of the square feet of sidewalk, which shall
Walton Arts Center. Sidewalk vendors irriclude.the area of the mobile device,
may locate along West Avenue- nd operator and trash receptacle. The
Dickson St. in front of the Walton Arts Planning Division will provide a map of
Center a proved vendor locations.
(2) Inside of the Fayetteville Square.
Sidewalk vendors mayitlocate along (2) )The ength of the mobile device or
sidewalks on all sides of�the�interior of
_-- �pushcart shall not exceed 6 feet and the
++ �ndth shall not exceed 3 feet.
the downtown Fayetteville Square. On
days / times that the Farmers"Market or
other special events operatekidewalk (3) The height of the mobile device or
vendors shall only be permitted if pushcart, excluding canopies,
approved through the, Farn re slMarketumbrellas, or transparent enclosures,
or Special Event Permit process. '_ shall not exceed 5 feet.
(F) Co ditiona r it. If a*„happlicant (4) No permanent hardware shall be affixed
hes to operate as`a side ,venddor in a to the sidewalk or adjacent buildings.
location other than Uiose specifically
approved by the City Council , a conditional (5) Mobile generators are prohibited.
use permit -must be obtained. Upon receipt of
a conditional use permit application, the
Planning `Commissionll review the (6) No sidewalk vendor may conduct
proposed permit operating area to determine business on a sidewalk in any of the
if the said areais sortable'for street vending following places:
in accordance with1this'chapter. In making
this determination, the Planning Commission (a) Within 10 feet of the intersection of
shall consider the following criteria: the sidewalk with any other
sidewalk. Sidewalk intersections
(1) The application meets all other criteria shall be kept clear for pedestrian
established herein for a sidewalk safety.
vendor.
(b) Within 10 feet of any handicapped
(2) The number of permits issued for the parking space, or access ramp.
street vending location shall not exceed
the capacity of the area in terms of
maintaining the use of the sidewalk as a (c) Within 15 feet of a fire hydrant.
CD178:5
Exhibit "A"
ADM 08-3054
Page 6 of 7
(d) Within 15 ft. of an entrance to a products and prices for the items being
building. vended. Only products or services available
at the vending location shall be displayed.
(7) Street vending facilities shall be
removed from the public right-of-way (I) Revocation of the Sidewalk Vendor Permit.
when not in use. Sidewalk vendors are The Zoning and Development Administrator
only allowed to operate between the is authorized to revoke a sidewalk vendors
hours of 5 a.m. and 3 a.m. All carts shall permit if it is determined that a violation of
be removed from the public right-of-way the requirements of the Unified Development
during non -operational hours. Code has occurred.
(8) Sidewalk vendors shall display in a 178.04 Outdoof Mobile Vendors
prominent and visible manner the permit -
issued by the Planning Division. Located on. Private Property
(9) The Fire Marshal shall inspect and (A) Purpo e. To permit outdoor mobile vendors,
approve any food and beverage alsoo3known as transient merchants, to
pushcart to assure the conformance of p2rate on pnvate property while preserving
all cooking or heating apparatus with the and protecting the health, safety and welfare
provisions of the City Fire Code. •of citizens.
(10) Sidewalk vendors who sell food and (B) Requirements. Transient me hants located
beverage are required to be permitted, on phi ate. property shall meet'the following
and receive approval, through the requirements and submittals prior to
Arkansas Department of Health and a6?roval:
Human Services for food orated i
establishments. A copy of the permit (1 [ P rmit Application. Each application for
issued by the State, and inspectedan �.d ape it to conduct a transient merchant
approved by the Washington County basin! shall be accompanied by a
Health Department, shall be supplie&to 50 permit review and processing fee.
the Planning Division p'o to Planning
(2) A iion for a permit to conduct a
Division transient aPProjjmerchant business shall
(11) All sidewalk vendors must pick up and include the following items in a format
properly disposeeofpaper, cardboard,
oso acceptable to the Zoning and
,all
f Development Administrator.
metal, plastic or oth'er litter wThn yf the
(including�rcigarette butl's)�within the
si&e alk> a a'assinTd to the vendor (a) Name, address and contact
within thirty minutes of the.end of daily information.
operationsFailu __s
to �c�mpletely
remove all such lifter from the (b) Type of items sold or services
authorized sidewalk localio�shall rendered. A change in product or
constitute a violatio of the permit service will require a new permit to
approval., be issued.
(9) No sidewalk`veenndor.shallsolicit, berate or (c) A valid copy of all necessary permits
make any •oisse of any kind by required by State and County
vocalization or otherwise, for the health authorities.
purpose of advertising or attracting
attention to his wares. No audible (d) Proof of application for remittance of
amplified music shall be permitted. HMR tax to the City of Fayetteville.
(H) Signage. Sidewalk vendors shall obtain a (e) Means to be used in conducting
sign permit from the Planning Division prior
to the issuance of a permit to operate. business including but not limited to
Sidewalk vendors are permitted a total of a description of any mobile device
one (1) A -frame sandwich/menu board to be used for transport or to
subject to Ch. 174 Signs regulating these display approved items or services.
type of signs. The menu board shall list the
CD178:6
Exhibit "A"
ADM 08-3054
Page 7 of 7
(f) A detailed site plan and written
description illustrating the type,
location, and dimensions of the
mobile vendor business including
parking.
(g) Written authorization, signed by the
property owner or legal
representative of record, stating
that the transient merchant
business is permitted to operate on
the subject property.
(3) The permit issued shall not be
transferable in any manner.
(4) The permit is valid for one mobile
vendor location only.
(5) The proposed use shall be a permitted
use -by -right within the underlying zoning
district in order to be permitted.
(6) A Temporary Certificate of Zi
Compliance (90 days) shall be apps
by the Planning Division. 1
(7) Outdoor mobile vendors are allowe
a temporary basis (90 -days), by n
of their temporaryoccupancy, in
location over a one-year (twelve,m
timeframe. 1Outdoor mobile1ver
may move 10 a oinerent
this 90 -day period I
However, a new O tdoorr
after
for a
CD178:7
(8) Outdoor mobile vendors shall be in
compliance with parking lot
requirements for any existing and the
proposed business. The number of
required parking spaces is determined
by the use and size of the proposed
transient merchant business, and by the
use and size of the existing business.
Parking spaces on the property where
the outdoor mobile vendor is located
shall be paved and striped in order to be
utilized. The use of parking for an out
door mobile vendor may not reduce the
number of4spaces necessary for other
uses occurring on the property. An
adequate number of parking spaces for
the existing businesses and the outdoor
bile vendor must be provided onsite.
The location of the outdoor mobile
vendor shall not.Jirtipede traffic flow or
create a dangerou�tt�raffic condition, as
determined by Pla4hing Division upon
ref w of the site plan.
Merchants
All transient Imerchants are subject to regulations
ad registrationJunder Arkansas state statutes.
'Any criteria established herein shall not relieve
the applicant, from meeting applicable criteria
relative transient merchants. "Transient
merchant" means any person, firm, corporation,
partnership, or other entity that engages in, does,
kor transacts any temporary or transient business
in the state, either in one (1) locality or in
traveling from place to place in the state, offering
for sale or selling goods, wares, merchandise, or
services.
r.... X1.....1 .�. l.C[1.1\- ....... .. �.� •.'. ... .. -. .
PC Meeting of September 8, 2008
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
PLANNING DIVISION CORRESPONDENCE Telphe:(4795772701
ephonone' (479) 575 8267
TO: Fayetteville Planning Commission
FROM: Leif Olson, Long Range Planner
THRU: Karen Minkel, Interim Director of Current Planning
DATE: September 3, 2008
ADM 08-3054: Administrative Item (Amendment to Chapter 178: Sidewalk Cafes)
Submitted by Planning Staff to add to add two new sections to this chapter in order to
regulate and allow street vendors and transient merchants in appropriate locations.
Planner: Leif Olson
BACKGROUND
The City Council adopted Unified Development Code Chapter 178: Sidewalk Cafes in
2006 after the adoption of the Downtown Master Plan. The purpose was to allow for
sidewalk dining opportunities in locations throughout the city where sidewalk width and
site conditions were sufficient. Unfortunately, Planning has yet to process a Conditional
Use Permit for a sidewalk cafe. However, Planning has received numerous requests from
individuals wanting to develop sidewalk vendor businesses in the downtown area. This
amendment to the Sidewalk Cafe chapter includes regulations and locational
requirements for sidewalk vendors, and it will codify the transient merchant license
process that the Planning Department currently administers.
Planning Staff worked with a variety of city divisions in order to address the numerous
issues that invariably come up in this type of complicated ordinance. Staff is proposing
an ordinance that allows street vendors to operate, within designated areas, subject to
administrative approval and permitting by the Zoning and Development Administrator.
The two designated areas are the sidewalks on the north and west side of the Walton Arts
Center and the sidewalk along the inside of the downtown square. A conditional use
permit is required for a sidewalk vendor to locate in other areas of the city.
RECOMMENDATION
Planning Staff recommends approval of ADM 08-3054 allowing administrative approval
of sidewalk vendors. Because this ordinance is comprehensive and the fact that there are
no subjective decisions to be determined, Staff feels that administrative approval is
appropriate.
September 8, 2008
Planning Commission
ADM 08-3054 UDC Chapter 178 Sidewalk CafesNendors
Agenda Item 9
Page 1 of 16
Planning Commission Action: ❑ Approved 0 Denied 0 Tabled
Motion:
Second:
Vote:
Meeting Date: September 8, 2008
Comments:
September 8, 2008
Planning Commission
ADM 08-3054 UDC Chapter 178 Sidewalk CafesNendors
Agenda Item 9
Page 2 of 16
Planning Commission
September 8, 2008
Page 15 of 18
ADM 08-3054: (UDC CHAPTER 178, SIDEWALK CAFES AND VENDORS): Submitted by
Planning Staff, a request to amend Chapter 178 of the UDC, Unified Development Code, Sidewalk
Cafes. The proposed amendment would adopt sidewalk vendor and outdoor mobile vendor
regulations.
Jeremy Pate, Director of Current Planning, gave the staff report. The request is to amend an
ordinance governing Sidewalk Cafes. The existing ordinance, passed in 2006, was to encourage
restaurants to feature sidewalk cafes, but unfortunately there have been no applications for that use.
What we are doing to this ordinance is adding a section on sidewalk vendors, to be located on public
property, and mobile vendors, to be located on private property. Outdoor mobile vendors on private
property are already something we permit, but it is not yet in the Code. This would help establish a
procedure for those applicants, pursuant to state law. §178.03 Sidewalk Vendors is a proposal to
allow an applicant to submit application materials to allow them to set up a cart or mobile device on
a public sidewalk. There are specific regulations established so every applicant knows where they
can be located, signage, etc. The permit would be required to be renewed each year. This way, if a
vendor does not do business anymore it would open up the space for other vendors. There are
several things listed in the ordinance that would be required for mobile vendors: proof of application
of HMR tax to the City of Fayetteville, means to be conducting the business including site plan,
drawing/specification of cart. Twotspecific locations in the City will be allowed by right: north and
west sidewalks in front.ofthe Walton Arts Center, and interior sidewalks in the downtown square.
area. Where there is a special events permit already established at any time in the future, that will
supercede any permits established for these uses. Two products will be allowed to be sold: cut
flowers and food/beverages. The sidewalk must leave at least 5' clear for pedestrians, has to located
in a permitted area at all times, be attended to at all times, cannot lead to or cause congestion of
pedestrian traffic, cause undue noise or odors, cannot allow vocal hawking of wares, and must be a
specific distance from a street intersection or adjacent businesses. This ordinance allows the use of
public property for private use and so it is critical that whatever the Council adopts is very clear and
can be upheld.
Commissioner Trumbo opened the floor to public comment.
James Schumate, Arkansas Department of Health, discussed four type of permits they issue: permit
for food service for a fixed location, mobile food service permit that can operate anywhere the cities
will allow them. They also have a pushcart permit limited to hotdogs and drinks, and a temporary
permit where we allow a temporary 90 -day special event or celebration, and we work with the City
on that one, the only place we allow it is on Dickson Street. We have a problem in Fayetteville with
people opening restaurants and we don't know about it.
Joseph Price, stated he was very much in favor of the proposal, but has concerns. He would like to
have a mobile kitchen which would be larger than is allowable to fall under the part of the policy that
would allow it to be on public property, so I would have to be on private property to have the
business. However, the way it is stated, it has to be renewed every 90 days, and I can't understand
the usefulness of forcing that type of business to move to a new location every 3 months whereas a
pushcart vendor could be in the same spot for an entire year. These types of businesses often run
Planning Commission
September 8, 2008
Page 16 of 18
with the idea that their clientele expects them to be in a specific location. It seems crazy to make
someone move; if my kitchen would be smaller than I would not have to move. I understand part of
it has to do with compliance with State laws, and that the transient laws ask for a renewal of the
permit every 90 days.
Cody Yancey, stated he would want to operate a hot dog cart on Dickson Street and encourages
changing the cut-off for hours of operation from 2AM to 3AM to allow for serving bartenders, etc.
He would encourage the City to guide the applicant through the process since it is a lot to remember,
in order to avoid future citations.
No additional public comment was received.
Pate discussed Price's questions. Mobile vendors on the street remove their business every day, and
it is likely they will not be there every day, but it is not a permanent establishment. A lot of the
contention to these types of ordinances across the country is from the business community, because
of the costs involved with running a brick and mortar business and the potentially unfair advantage
this gives to mobile businesses without these costs that offer a competitive product. Pate discussed • •
the fact that permanent businesses must meet design standards, must install public improvements
(landscaping, sidewalks, water/sewer), while a temporary business does not.
Commissioner Trumbo asked about the designated areas in the city. Is there something that
regulates the number of vendors who can be in these spaces?
Pate stated that the space would be designated by staff, a site plan and spaces would be drawn and
vendors could choose from those spaces. This would be based on how much sidewalk is available,
plus the 40 sq. ft. for a space. There will be a limited number of spaces. Anywhere else in the city
besides the two designated spaces would be a conditional use permit request. We felt these new
permits would be appropriate for administrative approval, since there is nothing subjective about it.
We would rather not need to make ajudgment call about the placement of businesses based on use,
type of sales by adjoining businesses, etc.
Commissioner Graves asked about the definition of special events.
Pate stated that special events such as the Gulley Park summer concert series has not traditionally
come under our transient merchant licenses, and this past year was the first time someone has been
out there selling food, to his knowledge. We are working with the Parks department on that for future
years.
Commissioner Anthes asked about the Conditional Use Permit for sidewalk vendor/pushcarts.
Would it be prudent to add bus stops, truck loading zones, taxi stands, or competing businesses as a
way to evaluate a potential Conditional Use Permit?
Pate encouraged the discussion of that and believes it will be discussed at City Council as well. The
reason we did not include that is we did not want to give the impression that there could be a
favorable recommendation for one business over another. Our position in this recommendation was
Planning Commission
September 8, 2008
Page 17 of 18
that we would like to see this ordinance passed and see what happens.
Commissioner Anthes stated she feels the sidewalk pushcarts are fantastic. She feels this can be an
amenity to the Cultural Arts District. It is a tremendous economic opportunity for potential business
ventures. She is concerned about somebody locating within a certain proximity to a competing
business. She questioned item #7, the 90 -day occupancy, and wondered if there was something that
would allow a mobile kitchen owner that would probably only operate 2-3 days a week to not have to
come back and renew the permit every 90 days. Maybe outdoor mobile kitchen could be a separate
section that could be developed outside the standard transient merchant license. She asked to hear
more from other commissioners about the possibility of mobile kitchens being a separate section.
Commissioner Trumbo stated he does not see a problem, as long as there are no complaints, why a
person should have to come back every 90 days and renew the permit.
Commissioner Anthes stated there were two points she wanted to make that could blend the cart
ordinance with the outdoor mobile vendor ordinance. Mobile kitchens are mobile, so that business
could be removed nightly, eliminating that objection. She sees them as an opportunity for an
existing brick and mortar business to operate while they are closed.
Commissioner Graves agreed that mobile vendors should not be required to move every 90 days,
but at the same time feels that vendors should not be able to set up camp with a semi -permanent
structure competing with an adjoining brick and mortar business. He has difficulties with attempting
to determine what a vendor's primary product is and whether or not they would be defined as
competition to an established brick and mortar business.
Commissioner Winston asked if the annual permit expiration date could be changed from January
151 at 12 AM to 3 AM.
Pate stated that could be changed.
Commissioner Winston asked if the business fails, but has a permit, what is the process for
someone else coming in and getting a permit for that space? Is the permit transferred from the failed
business? How do we know the business is no longer there and the space is again available?
Pate stated that was one of the reasons for establishing the limited time frame. What we've stated in
the ordinance is that they are non -transferable. However, if a permit owner decided the business was
not working, we could rescind the permit and work something out with another potential vendor.
Motion:
Commissioner Anthes made a motion to forward the request to City Council with a
recommendation for approval, with the following conditions: removal of item (B) under 178.01
Purpose, altering 178.03(C) Permit Application to read: "each permit will expire at 3AM January 151
following the year issued," and altering #7(G) hours of operation from 5AM to 3AM. Commissioner
Myres seconded.
Planning Commission
September 8, 2008
Page 18 of 18
Commissioner Graves asked if it is better to forward the request with a recommendation of
approval if we think we are going to change condition #7? He doesn't want to leave it open where
it's not regulated, but he doesn't know how long it will take staff to come up with a draft that
addresses some of the issues discussed with regard to a mobile kitchen.
Commissioner Anthes stated that her motion would be that the transient merchant language under
178.04 remain as -is and what we would be doing is developing a special section for mobile kitchens
that would be in addition to this language, so this language with #7 intact would remain for all those
other uses that we already regulate under the county enforcement agency.
Commissioner Graves stated that he understands that is the motion, but is instead asking Mr. Pate if
that's the way we should do it to pass something, and then come back and supplement/amend it.
Pate stated it would be okay to move forward, and staff can evaluate the effectiveness of the
ordinance and any potential amendments, if it is adopted.
Upon roll call the motion passed with a vote of 8-0-0.
All business being completed, the meeting was adjourned at 8:34 PM.
Transient Merchant — Arkansas State Statute
17-49-101. Title.
This subchapter shall be known and may be cited as the "Transient Merchant Licensing Act
of 1983" -
History. Acts 1983, No. 587, § 1; A.S.A. 1947, § 71-5601.
17.49-102. Purpose.
(a) The General Assembly finds that because of the temporary nature of the business
conducted by Vii, consumers in the State of Arkansas are not likely to be able to
obtain proper contact information to resolve disputes with, serve legal process upon, or satisfy
monetary judgments against doing business in the State of Arkansas.
(b) It is the purpose and intent of this subchapter to:
(1) Provide the consumers of the State of Arkansas with contact information regarding
potential monetary recourse against hrl.1i11.N i..iii.i*iiU; and - -
2 Provide that the registration fees and bonding requirements in this subchapter for
shall be minimum registration fees and bonding requirements and shall not
be construed to limit or restrict the authority of counties, cities, and towns in the state to levy
additional license fees and to require .additional bonding for I4rI,!1[in4 engaged in
business in counties, cities, and towns. _
History. Acts 1983, No. 587, § 2; A.S.A. 1947, § 71-5602; Acts 2007, No. 1603, § 1
17-49-103. Definitions.
As used in this subchapter.
(1) "Person" means any individual, corporation, partnership, association, or other entity;
(2) "Temporary or transient business" means any business conducted for the sale or offer
for sale of goods, wares, or merchandise that is carried on in any building, structure, motor
vehicle, railroad car, or real estate for a period of less than six (6) months in each year without
written evidence of a right to occupy the premises on which a person is conducting business; and
(3) "Transient merchant" means any person, firm, corporation, partnership, or other entity
that engages in, does, or transacts any temporary or transient business in the state, either in one
(1) locality or in traveling from place to place in the state, offering for sale or selling goods, wares,
merchandise, or services.
History. Acts 1983, No. 587, § 3; A.S.A. 1947, § 71-5603; Acts 2007, No. 1603, § 2.
17-49-104. Exemptions.
(a) The provisions of this subchapter shall not apply to:
(1) Sales at wholesale to retail by commercial travelers or selling agents in the
usual course of business;
(2) Wholesale trade shows or conventions;
(3)
Sales of goods, wares,
or merchandise by
sample catalogue or brochure for future
delivery;
(4) Fairs and convention center activities conducted primarily for amusement or
entertainment;
(5) Any general sale, fair, auction, or bazaar sponsored by any church or religious
organization;
(6) Garage sales held on the premises devoted to residential use;
(7) Sales of crafts or items made by hand and sold or offered for sale by the person
making the crafts or handmade items;
(8) Sales of agricultural products, except nursery products and foliage plants;
(9) Sales made by a seller at residential premises pursuant to an invitation issued by the
owner or legal occupant of the premises; or
(10) School -sponsored bazaars and sales, concessions at school athletic and other
events, and sales of paraphernalia used in the celebration of any nationally recognized holiday -or
.used in connection with any public school, university, or college -related activities, flea markets,
retail fireworks establishments, gun shows, sales by charitable organizations, sales of coins; and
expositions sponsored by government entities or by nonprofit trade associations.
(b) A lriiii[iid merchant not otherwise exempted from the provisions of this subchapter shall
not be relieved or exempted from the provisions of this subchapter by reason of associating
himself or herself temporarily with any local dealer, auctioneer, trader, contractor, or merchant or
by conducting such temporary or hru.ira.ii business in connection with or in the name of any local
dealer, auctioneer, trader, contractor, or merchant.
History. Acts 1983, No. 587, § 4; 1983 (Ex. Sess.), No. 113, § 1; A.S.A. 1947, § 71-5604.
17-49-105. Enforcement.
It is the duty of the county sheriff and other law enforcement officers in each county and the
prosecuting attorney for each county to enforce the provisions of this subchapter.
History. Acts 1983, No. 587, § 12; AS.A. 1947, § 71-5612.
17-49-106. Registration required — Penalty for violation.
(a) It is unlawful for any transient merchant to transact business in any county in this state
unless the merchant and the owners of any goods, wares, or merchandise to be offered for sale
or sold, if such are not owned by the merchant, shall have first secured a registration certificate
and shall have otherwise complied with the requirements of this subchapter.
(b) Any person or entity that transacts a transient business as defined in § 17-49-103 without
having first registered in accordance with the provisions of this subchapter, or who knowingly
advertises, offers for sale, or sells any goods, wares, merchandise, or services in violation of the
provisions of this subchapter, shall be guilty of a Class A misdemeanor.
(c) The penalty prescribed in this section shall be in addition to any other penalties
prescribed by law for any criminal offense committed by the licensee.
History. Acts 1983, No. 587, §§ 5, 11; AS.A 1947, §§ 71-5605, 71-5611; Acts 2007, No.
1603, § 3.
17-49-107. Registration for business.
(a) Any transient merchant desiring to transact business in any county in this state shall
register in each county in which the merchant desires to transact business.
(b) The
registration
shall be filed with the county clerk and shall
include the following
information:
(1) The name and permanent address of the transient merchant making the application
and, if the applicant is a firm or corporation, the name and address of the members of the firm or
the officers of the corporation, as the case may be;
(2) If the applicant is a corporation, there shall be stated on the application form the date
of incorporation, the state of incorporation, and, if the applicant is a corporation formed in a state
other than the State of Arkansas, the date on which the corporation qualified to transact business
as a foreign corporation in the State of Arkansas; -
(3) A statement showing the kind of business proposed to be conducted, the length of
time for which the applicant desires to transact such business, and the location of.the proposed
place of business;
(4) The name and permanent address of the transient merchant's registered agent or
office; -
(5) Proof that the applicant has acquired all other required city, county, and state permits
and licenses; and
(6) There shall be attached to the application a receipt or statement showing that any
personal property taxes due on goods, wares, or merchandise to be offered for sale have been
paid. -
(c) The county clerk in each county shall design and cause to be printed appropriate forms
for applications for registration and for the registration certificates to be issued to applicants under
this subchapter.
History. Acts 1983, No. 587, §§ 6, 7; A.S.A. 1947, §§ 71-5606, 71-5607; Acts 2007, No.
1603, § 4.
17-49-108. Service of process, notice, or demand.
(a) Each registered agent designated by a merchant shall be a resident of the
county and shall be agent of the �i merchant upon whom any process, notice, or demand
required or permitted by law to be served upon the ftrli 1Lald merchant may be served.
(b) The registered agent shall agree in writing to act as such agent, and a copy of the
agreement to so act shall be filed by theht-i*xiili merchant with the registration.
(c)
The
county clerk of each county
shall maintain an alphabetical list of all
��l
I.1u.Inthia1
in
the county and the names and
addresses of their registered agents.
(d) If any . t�11 merchant doing business or having done business in any county within
the state shall fail to have or maintain a registered agent in the county or if the registered agent
cannot be found at his or her permanent address, the county clerk shall be an agent of the
lil merchant for service of all process, notices, or demands.
(e} Service on the county clerk shall be made by delivering to and leaving with him or her, or
any person designated by the clerk to receive the service, duplicate copies of the process, notice,
or demand.
(f) When any process, notice, or demand is served on the clerk, he or she shall immediately
cause one(1) copy to be forwarded by registered or certified mail to the permanent address of
the merchant.
(g) The provisions of this section shall not limit or otherwise affect the right of any person to
serve any process, notice, or demand in any other manner now or hereafter authorized by law.
History. Acts 1983, No. 587, § 8; A.S.A. 1947, § 71-5608; Acts 2007, No. 1603, § 5:
17-49-109. Registration fee and bond.
(a) Each application for a transient merchant registration certificate shall be accompanied by
a registration fee of fifty dollars ($50.00) and by a cash bond or a surety bond issued by a
corporate surety authorized to do business in the state in the amount of two thousand dollars
($2,000) or five percent (5%) of the wholesale value of any goods, wares, merchandise, or
services to be offered for safe, whichever sum is lesser.
(b) The surety bond shall be in favor of the State of Arkansas and shall assure the payment
by the applicant of all taxes that may be due from the applicant to the state or any political
subdivision of the state, the payment of any fines that may be assessed against the applicant or
its agents or employees for violation of the provisions of this subchapter, and for the satisfaction
of all judgments that may be rendered against the transient merchant or its agents or employees
in any cause of action commenced by any purchaser of goods, wares, merchandise, or services
within one (1) year from the date of the sale by the transient merchant
(c) The bonds shall be maintained so long as the transient merchant conducts business in
the county and for a period of one (1) year after the termination of the business. The bonds shall
be released only when the transient merchant furnishes satisfactory proof to the county clerk that
it has satisfied all claims of purchasers of goods, wares, merchandise, or services from the
merchant and that all state and local sales taxes and other taxes have been paid.
History. Acts 1983, No. 587, § 9; A.S.A. 1947, § 71-5609; Acts 2007, No. 1603, § 6
17-49-110. Issuance and terms of registration certificate.
(a) A transient business registration certificate shall be issued under this section only when
all requirements of this subchapter have been met.
(b) The registration certificate shall:
(1) Not be transferable;
(2) Be valid only within the territorial limits of the issuing county;
(3) Be valid only for a period of ninety (90) days; and
(4) Be valid only for the business stated in the application.
(c) A registration certificate so issued shall be valid for only one (1) person, unless the
person is a member of a partnership or employee of a firm or corporation obtaining the
registration certificate.
History. Acts 1983, No. 587, § 10; A.S.A. 1947, § 71-5610; Acts 2007, No. 1603, § 7.
(10.14.08) Clarice Pearman - Ord. 5185 Page 1
From: Clarice Pearman
To: Olson, Leif
Date: 10.14.08 5:09 PM
Subject: Ord. 5185
Attachments: 5185 Amend Chapter 178 Outdoor Vendor.pdf
CC: Audit
Leif:
Attached is a copy of the above ordinance passed by City Council amending Chapter 178 to enact outdoor vendors. Please
let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice