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HomeMy WebLinkAboutOrdinance 566611111111111111!lllfl�lrlrll�jj11111111111111111�11I111111111111�111111 aoC IQ; 01565$540Q15 i" Kind: ❑RDIHAIYCE YPe: REL Recorded: 03/31/�D14 at 10:Z2:Z9 AM Fee Amt; $85.afl Page Z Of Z5 rtashingtr,� Cc,._.. Kyle Sylvester"Clrcult Clerk Flle201 q,_00007299 ORDINANCE NO. 5666 AN ORDINANCE TO REPEAL § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY AND ENACT A REPLACEMENT § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY, TO ENACT § 178.05 FOOD TRUCK LIMITED TIME PERMIT, TO CHANGE THE SECTION NUMBER OF TRANSIENT MERCHANTS FROM § 178.05 TO § 178.06 AND TO AMEND § 97.086 VENDING AND PEDDLING 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 repeals § 178.04 Outdoor Mobile Vendors Located on Private Property and enacts § 178.04 Outdoor Mobile Vendors Located on Private Property as shown on Exhibit A attached hereto. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby changes the section number of Transient Merchants from § 178.05 to § 178.06. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 178.05 Food Trucks Limited Time Permit as shown on Exhibit B. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.086 Vending and Peddling by enacting subsections (C) and (D) as shown on Exhibit D. PASSED and APPROVED this 18th day of March, 2014. APPROVED: ATTEST: 11 t`��' j�TREgS y� 4:f JIU&I -..N'�y oF'•.� -. SONDRA E. SMITH, City Clerk/Trea� v� ' • gRKAN � Exhibit A 178.04 Mobile Vendors Located On the same location with approval of the Private Property Planning Commission as an administrative item. After the one year period has expired (A) Purpose. The purpose of this section is to the mobile vendor may move to another facilitate and control the ability of mobile location or may request a one year renewal vendors and mobile vendor courts to operate from the Planning Commission. on private property while ensuring such use (1) An annual mobile vendor permit may be is compatible with nearby properties, fosters issued by the Planning Commission an aesthetically appealing streetscape and after making the following does not create a dangerous traffic determinations: condition. (B) Mobile Vendor Six Month Permit. Mobile (a) All of the requirements of 178.04(D) vendors are allowed to operate on a have been met. temporary basis for a maximum of six (b) The applicant has established that months in one location during a calendar the operation of the mobile vendor year with administrative approval of the will foster aesthetically appealing Planning Division. Mobile vendors utilizing a streetscapea and will not create a six month permit may request to relocate to dangerous traffic condition. a different site at least one quarter mile (1,320 feet) from the original location after (c) The mobile vendor business shall this -six month period has expired. However, not match or duplicate the primary a new mobile vendor application shall be food beverage offerings sold by reviewed and approved by the Planning ent businesses located permanent Division for every new location. This permit upon property immediately adjacent will expire six months from the date issued and on the same side the and the mobile vending unit shall be mobile street as the proposed m st removed from the property. The mobile vendor, unless the mobile vendor vendor owner also has the option of predates the aforementioned requesting an annual permit from the permanent businesses. Planning Commission at or before the end of their initial six month permit time period. (D) Mobile Vendor Permit Requirements. All (1) A six month permit for a mobile vendor mobile vendors located on private property business shall be approved and issued with Six Month or Annual Mobile Vendor administratively by the Planning Division Permits shall meet the following after making the following requirements and submittals prior to determinations: approval: (a) All of the requirements of 178.04(D) have been met. (b) The applicant has established that the operation of the mobile vendor will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (c) The mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed mobile vendor, unless the mobile vendor predates the aforementioned permanent businesses. (C) Mobile Vendor Annual Permit. Mobile vendors are allowed to locate for one year in CD178:1 (1) Each application for a permit to conduct a mobile vendor business on private property shall be accompanied by a $100 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. (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 Exhibit A 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) 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 maintain compliance with parking lot requirements for the existing business and the proposed mobile vendor business. The number of required parking spaces is determined by the use and size of the proposed mobile vendor business and by the use and size of the existing business. The use of parking for a mobile vendor may not reduce the number of spaces below the minimum required for other uses occurring on the property. The location of the mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (8) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has C D 178:2 access to the interior of any mobile vending unit. (E) Mobile Vendor Courts. Mobile vendor courts may be permitted through a Conditional Use Permit process in appropriate zoning districts. A property owner may request a Conditional Use Permit from the Planning Commission to develop a mobile vendor 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 vendors locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) The property owner proposing a mobile vendor court may be required to make any of the following improvements to the property in order to meet City development codes and be approved for this semi -permanent use. Required improvements may include: (a) Improvements necessary to provide permanent utility connections for each mobile vending unit location in the mobile vendor court. This may include permanent water, sanitary sewer and electricity connections. (b) Improvements necessary to ensure safe pedestrian and vehicular access to the site. (c) Providing adequate restroom facilities on site or through the provision of a shared use agreement with a neighboring business for access to restroom facilities. (3) Mobile vendors operating in a mobile vendor court are not required to obtain an individual permit but shall provide the Planning Division with the following information: (a) Name, address, contact information and signature of both the property owner and the mobile vendor operator locating in the mobile vendor court. (b) A valid copy of all necessary permits required by State and County health authorities which Exhibit A shall be conspicuously displayed at all times during the operation of the vending business. (c) Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable. (d) Written description of any additional structures to be used in conducting business, including but not limited to stairs, decks, tents or enclosures. (e) A detailed site plan of the mobile vendor court showing the location of the applicant's proposed mobile vendor unit location within the mobile vendor court. (f) Written authorization, signed by the property owner or legal representative of record, stating that the mobile vendor business is permitted to operate on the subject property. (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 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 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. C D 178:3 (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 Exhibit A 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 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. CD178:4 Exhibit B 178.05 Food Truck Limited Time Permit time period. This time period includes onsite set-up and break -down time. The (A) Purpose. This section's purpose is to create a applicant agrees to move at least 325 process that allows food trucks to locate for a feet away or out of sight/view of their limited time on public and private property. Food previous location once their initial 4 hour trucks are defined as a motorized and time period has expired. operationally self-contained single vehicle equipped with facilities for cooking and selling (e) The applicant agrees to not locate on food. the same side of the street directly in front of an existing restaurant. (B) Food Truck Limited Time Permit on Public Property. Food trucks may apply for a permit (f) The applicant agrees to only vend determined through a lottery drawing by the towards the sidewalk side of the street Planning Division to locate for a limited time in a and to keep the sidewalk unobstructed marked or delineated parallel public parking to allow for free flow pedestrian space. Food Trucks may also vend in City Parks movement along the street. with approval by the Parks and Recreation Director. (g) The applicant agrees to locate on public property such that they will not cause an (1) The Planning Division will conduct a lottery unsafe traffic or pedestrian situation. in November each year for a total of three (3) Food Truck Limited Time Permits for locating (h) The applicant agrees not to set up in a on public property. If more than nine (9) parking space adjacent to a parking pay lottery applications are made Planning Staff station kiosk. may increase the number of permits issued not to exceed one third (1/3) of the total (i) Food trucks are prohibited from parking number of applications. Instances in which or vending from angled on -street 1/3 the total number of applications results in parking spaces and from public parking a fraction of 0.5 or higher, the number of lots in the Entertainment District or the permits available shall be rounded up to the Downtown Business District. Food next whole number. These permits shall be trucks are prohibited from parking in issued on January 151 and will extend until marked parallel parking spaces that are December 31s'. Food trucks may apply and posted reserved for residential use. participate in this lottery every year. Q) The City reserves the right to limit food (2) A Food Truck Limited Time Permit on Public trucks from utilizing public parking Property may be approved administratively spaces during special events such as; by the Planning Division after making the parades, Bikes, Blues and BBQ, etc. following determinations: Special event permits may be available to food trucks for certain events. Contact (a) The applicant has paid an annual $100 the City's Parking Division for special permit fee. Food trucks shall pay the event permits. appropriate fee for the time they are located in public parking spaces. The (C) Food Truck Limited Time Permit on Private food truck shall fit entirely within one Property. Food trucks may be approved marked parallel on -street parking space administratively by the Planning Division for a or within one marked parking space in a Food Truck Limited Time Permit to locate on City Park. private property after meeting the following conditions: (b) The applicant has provided a valid copy of the County Health Department permit (1) The applicant has paid an annual $100 and proof of remittance of HMR tax to permit fee, unless they are also the holder of the City of Fayetteville. a public property lottery permit and they have already paid a $100 permit fee. Permits (c) The applicant has the responsibility to expire December 315'. dispose of all wastes in accordance with all applicable laws. Food trucks are not (2) The applicant has provided a valid copy of permitted to dispose of their trash in the County Health Department permit and public trash receptacles. proof of remittance of HMR tax to the City of Fayetteville. (d) The applicant agrees to move to a different location after a four (4) hour Exhibit B (3) The applicant has the responsibility to dispose of all wastes in accordance with all applicable laws. Food trucks are not permitted to dispose of their trash in public trash receptacles. (4) The applicant has agreed to move to a different property after a four (4) hour time period. This time period includes any onsite set-up or break -down time. (5) The property is zoned to allow for food and beverage uses and the location meets all applicable zoning requirements of the underlying zoning district. The property owner for each location must provide a written statement giving the food truck operator permission to operate on the property. A site plan shall be provided by the applicant or property owner for each proposed site upon which the food truck would like to temporarily locate. The food truck vendor shall keep these records up to date with the Planning Division. (6) The applicant agrees to locate on private property such that they will not cause an unsafe traffic or pedestrian situation. Exhibit C 178.06 Transient Merchants All transient merchants are subject to regulations and registration under Arkansas state statutes. Any criteria established herein shall not relieve the applicant from meeting applicable criteria relative to transient merchants. '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 178.07-178.99 Reserved N G) — — - - o z = CD -'j�.1L'A �A l �r •ate ~ i - Y.w ZJ (n Q O lop itabbkC �. r. fop" m x !`I 40CD mover ' � \ c � Cm:ll m m R r© Qj CD \ T . � \ � � \ c � � . 6 m � . I— CO CD CI1 � r-� (D (D r,- o � pD 3 C:) r+ CD D <' 3 CD c o c� D CD c CD Exhibit D 97.086 Vending And Peddling (A) General prohibition of selling or offering to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. (B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. (C) Food trucks permitted pursuant to §178.05 may operate in City Parks as described below: (1) Food trucks may not locate in the same area that is actively being served by a contracted concessionaire as shown on Exhibit C during regular season Fayetteville Parks and Recreation leagues and tournaments. (2) Food trucks may locate at Gulley Park during a Gulley Park Concert or special event in other parks such as tournaments, reserved park gatherings, etc. if approved by the Parks and Recreation Director. (D) For special events, food trucks and sales of items other than food may be approved by the Parks and Recreation Director through a special event permit.. (Code 1965, '17A-29; Ord. No. 1594, 4-1-68; Code 1991, §97.086, Ord. 5310, 4-6-10; Ord. No. 5531, 10- 02-12) Cross references) --Penalty, '97.999. Washington County, AR 1 certify this instrument was filed on 03131 /2014 1012:19 AM and recorded in Real Estate File Number 2014-00007299 Kyle Sylvester Cir uit Clerk iK by �"t City of Fayetteville Item Review Form Peter Nierengarten Submitted By 2014-0120 Legistar File Number 03/18/14 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: Sustainability & Resilience Department Staff has prepared the following ordinance changes at the request of the City Council Ordinance Review Committee. These changes amend the Unified Development Code Chapter 178: Outdoor Vendors to clarify existing regulations, create a short and long term permit process for mobile vendors, create a mobile vendor court conditional use process and allow food trucks to operate on public and private property. Does this item have a cost? Np Cost of this request Account Number ADM 13-4486 Category or Project Budget Funds Used to Date $0.00 Program or Project Name Program or Project Category Project Number Remaining Balance Fund Name Budgeted Item? Budget Adjustment Attached? Previous Ordinance or Resolution # 5498 Original Contract Number: Comments: 40( V20130812 E Tlfj i1 E�ITFRi� CITY OF Fay% e t—Ile AANSAS MEETING OF MARCH 18, 2014 TO: Mayor and City Council THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO Jeremy Pate, Development Services Director Kit Williams, City Attorney Andrew Garner, City Planning Director Sharon Water, Parking & Telecommunications Division Manager Allison Jumper, Park Planning Superintendent FROM: Peter Nierengarten, Sustainability & Resilience Department Director DATE: March 4, 2014 SUBJECT: ADM 13-4486 Outdoor Mobile Vendor Ordinance Amendments RECOMMENDATION: Staff has prepared the following ordinance changes at the request of the City Council Ordinance Review Committee. These changes amend the Unified Development Code Chapter 178: Outdoor Vendors to clarify existing regulations, create a short and long term permit process for mobile vendors, create a mobile vendor court conditional use process and allow food trucks to operate on public and private property. BACKGROUND: The City Council adopted the Outdoor Vendor Chapter in the Unified Development Code in 2008. Previously, the City administered vendor licensing through a Transient Merchant License. Since 2008 the section of this code that deals with outdoor mobile vendors operating on private property has been amended twice in order to expedite the process and to allow vendors to locate in the same place for time periods longer than the original 90 day limitation. Recently the need to again amendment this code has been discussed by City Council members and mobile vendor operators. The Planning Commission heard this item at their October 15, 2013 meeting and proposed minor changes to originally drafted ordinances. The Planning Commission forwarded this item to the City Council with a recommendation of approval for the amended version with a 7-2-0 vote. Staff included their recommended language in the originally presented ordinance changes. On November 19, 2013 the City Council first discussed the proposed ordinance changes and voted to send the item to the Ordinance Review Committee. On December 19, 2013 the City Council Ordinance Review Committee discussed proposed changes to ordinances regulating mobile vendors. The primary focus of discussion during this meeting was a proposal by Alderman Petty (see attached) to allow mobile vendors to "bump" Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 (temporarily locate) on private and public property in on -street parking spaces and in City Parks. The committee voted to incorporate Alderman Petty's proposal into the mobile vendor ordinance with four additions/modifications: • Public property permit holder would be selected by a lottery instead by sealed bid solicitation • Mobile vendors shall submit a waste disposal plan • Food trucks on public streets are restricted to vending from marked parallel on -street parking spaces • City Council requests an annual staff report on food truck permits On February 20, 2014 the City Council Ordinance Review Committee again discussed the proposed ordinance changes and made suggestions (see attached) for changes to the ordinances. Those changes have been incorporated into the proposed ordinances. DISCUSSION: Under section 178.03 — Sidewalk Vendors: • No changes are currently proposed to this section. Under section 178.04 — Mobile Vendors Located on Private Property: • Add language that requires outdoor mobile vendors to comply with the Federal Americans with Disability Act (ADA) requirements if the public has access to the interior of any mobile vending unit. • Extend temporary permits from the current 90 days to six months. This will allow for a longer "season" for seasonal operators such as snow cone businesses which typically operate for five months. • Mobile vendors seeking a 6 month (temporary) permit are approved administratively after meeting the requirements of the ordinance. • The temporary permit requirement to move locations after six months would allow for relocation within'/o mile instead of the current'/2 mile. • Create an extended (annual) permitting process that would allow vendors to get a permit to set up and operate in the same location for one year. • Annual permits may be granted by the Planning Commission. The mobile vendor may continue to request an annual permit for the same location year after year. • Remove requirement that mobile vendors not adversely affect nearby businesses and replaces it with a requirement that mobile vendors not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street of the proposed mobile vendor location. • Create Mobile Vendor Court conditional use process. Mobile Vendor Court may be approved by the Planning Commission and are permitted to the property owner. • Vendors in Mobile Vendor Courts are not required to obtain Six Month or Annual Permits. • For Mobile Vendor Courts, the Planning Commission may require site improvements such as restrooms, utility connections and pedestrian and vehicular safety improvements. • Remove the ability for Planning Commission to require other site improvements such as landscape and parking lot improvements. • A number of existing business operations that are regulated by other codes would be exempted from this chapter including; special events, fireworks sales, etc. • A list of prohibited conduct is included and a section outlining the process for suspending or revoking the permit is added. Create a new section 178.05 — Food Trucks Limited Time Permit: 2 • Allow food trucks to locate on public property in on -street marked parallel parking spaces and in parks for up to 4 hours. • Creates a lottery that would allow up to 3 (or 1/3 of the total number of applications received) available permits for food trucks on public property. • Requires food trucks to not locate directly in front of a restaurant or parking pay stations. • Allows food trucks to locate on private property for up to 4 hours. Relocate section 178.06 — Transient Merchants: • Language related to Transient Merchants is unchanged and is simply being relocated from 178.05 to 178.06. Amend Parks section 97.086 Vending and Peddling: • Allows food trucks in parks except in areas that are actively being served by contracted concessionaires (see attached maps). • Allows food trucks to be permitted for special events in parks. BUDGET/STAFF IMPACT: If the overall number of permit applicants is similar to previous years then staff does not anticipate a significant change in the workload or staffing requirements related to these ordinance changes. Staff does not anticipate a budget impact. Attachments: • Alderman Petty's Proposal to allow mobile vendors to "bump" on private and public property • Memo from Alderman Long RE: Ordinance Review Committee Meeting Suggested Changes to Outdoor Vendors & Mobile Food Trucks • Exhibit A - Proposed section 178.04 — Mobile Vendors Located on Private Property • Exhibit B - Proposed section 178.05 — Food Truck Limited Time Permit • Exhibit C — Relocated section 178.06 — Transient Merchants • Exhibit D - Proposed Parks section 97.086 — Vending And Peddling • Existing UDC section 178.04 — Outdoor Mobile Vendors Located on Private Property and 178.05 —Transient Merchants • Highlight of additions to Parks existing ection 97.086 — Vending And Peddling Alderman Petty's Proposal to the December 19, 2013 - City Council Ordinance Review Committee Proposal to allow mobile vendors to "bump" on private and public property Temporary permits and mobile vendor courts In general, I believe the current proposal addresses these scenarios well. Temporary permits allow individual food trucks to set up in one location regularly throughout the year. This is the behavior we are seeing now with vendors like Best Frickin' Chicken and Nomad's Natural Plate. The new portion of the ordinance deals with mobile vendor courts and allows for more efficient permitting for sites like the Yacht Club which have spaces for multiple vendors. would like to add a new section to the proposal to address the model where vendors set up for a limited time at construction sites, office towers, parks, and streets like Dickson St. I have spoken with Development Services, Parks, and Parking staff about this idea and this framework is a result of those conversations. Private property • Allow licensed vendors to "bump" on private property with permission of the property/business owner. • Time limit: 2 hours, not including setup or breakdown. Public property • Allow vendors to "bump" in parks and on -street parking spaces with a special permit. • Time limit: 2 hours, not including setup or breakdown. • Vendors shall not return to the same street or park within a 10 hour period. • Vendors must purchase annual parking pass (—$600). • Permit holders must pay annual renewal/processing fee. • Permits awarded by auction (city solicits seals bids, awards permits to the highest bids). • Limit to four permits the first year so any unforeseen problems can be managed quickly and with minimal staff burden. • Allow staff to increase the number of permits each year. ■ Ex: if there are 10 new applications, allow staff to issue 3 permits. (1 /3rd of the number of the new applications) • Vendors who already have a permit just have to match the winning bid price to keep the permit. They don't have to participate in the auction again, but their permits may be revoked if they have health code violations, etc. • Vendors would be prohibited from vending on League Nights at the baseball stadium in Walker Park, where we have a contracted concessionaire. Vendors would still be allowed to bump elsewhere in the park for other parks patrons. Alderman Petty's Proposal to the December 19, 2013 - City Council Ordinance Review Committee Note on events Event permits always trump other vendor permits. For example, permitted sidewalk vendors do not have the right to vend at the Farmers' Market or BBBQ because these are events governed by a Special Events Permit through the Mayor's office. The same rules apply to the new permits I am proposing. Finally, the Parks Department has requested we piggyback an ordinance to allow them to bring vendors into the parks for special events. ORDINANCE REVIEW COMMITTEE MEMO FEBRUARY 21s'. 2014 TO: MAYOR, CITY COUNCIL MEMBERS, CITY ATTORNEY, CITY STAFF & CITY CLERK From: Alderman, Alan T. Long, Ordinance Review Committee Chair RE: Ordinance Review Committee Meeting Suggested Changes to Outdoor Vendors & Mobile Food Trucks Below you will find the suggested changes to the ordinance as suggested by the ordinance review committee. Please reference the documents submitted by the staff for comprehensive understanding. It is the committee's desire that the staff make the below suggested changes. SECTION 178.03 Please amend this back to the original language. Due to the addition of section 178.05 (Food Truck Limited Time Permit), "Bumping", it would be redundant to amend this section of the code. SECTION 178.04 C) The committee requests that staff replace section "c" with the document labeled section "E" (Mobile Vendor Courts). However, from section E, the committee suggests to remove sections 2, A&B and keep sections C, D & E. On section 2)D (from the new document labeled section E, Mobile Vendor Courts), the committee suggests removing the last sentence that states, "This may include sidewalk and curb cut improvements." D)6: Remove the requirements for the lots to be paved. D)8: Add the word, "court", after mobile vendor. * The committee would like to discuss at the full council meeting exactly what the planning commission can require of the mobile vendor court owners and when requirements may be placed on the owners. SECTION 178.05 B)1: The committee did not come to a consensus on whether or not we should set a maximum number of permits. The committee requests that the full council make this decision. B)2)D: Change to "must move at least 325 feet and out of sight". C)5: Change from, "applicant" to "applicant or property owner". Page 1 1 ORDINANCE REVIEW COMMITTEE C)7: REMOVE SECTION 7. This is the requirement that they must locate on paved surfaces. Questions for section 178.05 *In section 178.05, there was not a consensus on whether or not Food Trucks or Mobile Vendors should be forced to provide a restroom while "bumping". The committee requests that this be discussed at the full council. *The committee also requests that parking staff give suggestions regarding the following question. Can the applicant occupy two parking spaces if they pay for two parking spaces? SECTION 97.086 C)1: Change the first sentence to read, "Food trucks may not locate in the same area that is actively being served by a contracted concessionaire as shown on Exhibit C." C)1: Change the second sentence to read, "Food trucks may locate at special events sponsored by Parks & Recreation with a permit & permission from the Parks & Recreation Director." Regards, Alan T. Long City of Fayetteville Alderman, Ward 4, position 2 Page 12 ORDINANCE NO. AN ORDINANCE TO REPEAL § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY AND ENACT A REPLACEMENT § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY, TO ENACT § 178.05 FOOD TRUCK LIMITED TIME PERMIT, TO CHANGE THE SECTION NUMBER OF TRANSIENT MERCHANTS FROM § 178.05 TO § 178.06 AND TO AMEND § 97.086 VENDING AND PEDDLING 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 repeals § 178.04 Outdoor Mobile Vendors Located on Private Property and enacts § 178.04 Outdoor Mobile Vendors Located on Private Property as shown on Exhibit A attached hereto. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby changes the section number of Transient Merchants from § 178.05 to § 178.06. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 178.05 Food Trucks Limited Time Permit as shown on Exhibit B. Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.086 Vending and Peddling by enacting subsections (C) and (D) as shown on Exhibit D. PASSED and APPROVED this 18t" day of March, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Exhibit A 178.04 Mobile Vendors Located On the same location with approval of the Private Property Planning Commission as an administrative item. After the one year period has expired (A) Purpose. The purpose of this section is to the mobile vendor may move to another facilitate and control the ability of mobile location or may request a one year renewal vendors and mobile vendor courts to operate from the Planning Commission. on private property while ensuring such use (1) An annual mobile vendor permit may be is compatible with nearby properties, fosters an aesthetically appealing streetscape and issued by the Planning Commission does not create a dangerous traffic after making the following condition. determinations: (B) Mobile Vendor Six Month Permit. Mobile (a) All of the requirements of 178.04(D) vendors are allowed to operate on a have been met. temporary basis for a maximum of six months in one location during a calendar (b) The applicant has established that year with administrative approval of the the operation of the mobile vendor Planning Division. Mobile vendors utilizing a will foster aesthetically appealing six month permit may request to relocate to streetscapea and will not create a a different site at least one quarter mile dangerous traffic condition. (1,320 feet) from the original location after this -six month period has expired. However, (c) The mobile vendor business shall a new mobile vendor application shall be not match or duplicate the primary reviewed and approved by the Planning food beverage offerings sold by Division for every new location. This permit ent businesses located permanent will expire six months from the date issued upon property immediately adjacent and the mobile vending unit shall be and on the same side the removed from the property. The mobile m street as the proposed mobile s t vendor owner also has the option of vendor, unless the mobile vendor requesting an annual permit from the predates the aforementioned Planning Commission at or before the end of permanent businesses. their initial six month permit time period. (D) Mobile Vendor Permit Requirements. All (1) A six month permit for a mobile vendor mobile vendors located on private property business shall be approved and issued with Six Month or Annual Mobile Vendor administratively by the Planning Division Permits shall meet the following after making the following requirements and submittals prior to determinations: approval: (a) All of the requirements of 178.04(D) (1) Each application for a permit to conduct have been met. a mobile vendor business on private property shall be accompanied by a (b) The applicant has established that $100 permit review and processing fee. the operation of the mobile vendor Mobile vendor permits shall be issued to will foster an aesthetically appealing the owner of the mobile vendor vehicle. streetscape and will not create or worsen a dangerous traffic (2) Application for a permit to conduct a condition. mobile vendor business shall include the following items in a format acceptable to (c) The mobile vendor business shall the Planning Division: not match or duplicate the primary food or beverage offerings sold by (a) Name, address, contact information permanent businesses located and signature of both the property upon property immediately adjacent owner and the mobile vendor to and on the same side of the requesting to locate on private street as the proposed mobile property. vendor, unless the mobile vendor predates the aforementioned (b) A valid copy of all necessary permanent businesses. permits required by State and County health authorities which (C) Mobile Vendor Annual Permit. Mobile shall be conspicuously displayed at vendors are allowed to locate for one year in CD178:1 Exhibit A 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) 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 maintain compliance with parking lot requirements for the existing business and the proposed mobile vendor business. The number of required parking spaces is determined by the use and size of the proposed mobile vendor business and by the use and size of the existing business. The use of parking for a mobile vendor may not reduce the number of spaces below the minimum required for other uses occurring on the property. The location of the mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (8) Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has CD 178:2 access to the interior of any mobile vending unit. (E) Mobile Vendor Courts. Mobile vendor courts may be permitted through a Conditional Use Permit process in appropriate zoning districts. A property owner may request a Conditional Use Permit from the Planning Commission to develop a mobile vendor 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 vendors locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. (2) The property owner proposing a mobile vendor court may be required to make any of the following improvements to the property in order to meet City development codes and be approved for this semi -permanent use. Required improvements may include: (a) Improvements necessary to provide permanent utility connections for each mobile vending unit location in the mobile vendor court. This may include permanent water, sanitary sewer and electricity connections. (b) Improvements necessary to ensure safe pedestrian and vehicular access to the site. (c) Providing adequate restroom facilities on site or through the provision of a shared use agreement with a neighboring business for access to restroom facilities. (3) Mobile vendors operating in a mobile vendor court are not required to obtain an individual permit but shall provide the Planning Division with the following information: (a) Name, address, contact information and signature of both the property owner and the mobile vendor operator locating in the mobile vendorcourt. (b) A valid copy of all necessary permits required by State and County health authorities which Exhibit A shall be conspicuously displayed at (G) Prohibited Conduct. The following conduct is all times during the operation of the prohibited for mobile vendors: vending business. (1) Obstruct pedestrian or vehicular (c) Proof of application for remittance traffic flow. of HMR tax to the City of Fayetteville, when applicable. (2) Obstruct traffic signals or regulatory signs. (d) Written description of any additional structures to be used in conducting (3) Use of any device that produces a loud business, including but not limited and raucous noise or operate any to stairs, decks, tents or enclosures. loudspeaker, light or light system, public address system, radio, sound (e) A detailed site plan of the mobile amplifier, or similar device to attract vendor court showing the location public attention. of the applicant's proposed mobile vendor unit location within the (4) Conduct business in such a way as mobile vendor court. would restrict or interfere with the ingress or egress of the abutting (f) Written authorization, signed by the property owner or tenant, create a property owner or legal nuisance, increase traffic congestion or representative of record, stating delay, constitute a hazard to traffic, life that the mobile vendor business is or property, or obstruct adequate access permitted to operate on the subject to emergency and sanitation vehicles. property. (5) Use or display any signage that is not (F) Exemptions. The provisions of the Mobile in compliance with the Unified Vendor ordinance do not apply to: Development Code Chapter 174: Signs. (1) The placing and maintenance of (H) Suspension and Revocation of Permit. Any unattended stands or sales devices for permit issued under these regulations may the sale or display of newspapers, be suspended or revoked by the magazines, periodicals and Development Services Director for any of the paperbound books. following reasons: (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 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 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. CD178:3 (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 Exhibit A revocation and notifying the vendor or the properly 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 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. CD T8A Exhibit B 178.05 Food Truck Limited Time Permit time period. This time period includes onsite set-up and break -down time. The (A) Purpose. This section's purpose is to create a applicant agrees to move at least 325 process that allows food trucks to locate for a feet away or out of sight/view of their limited time on public and private property. Food previous location once their initial 4 hour trucks are defined as a motorized and time period has expired. operationally self-contained single vehicle equipped with facilities for cooking and selling (e) The applicant agrees to not locate on food. the same side of the street directly in front of an existing restaurant. (B) Food Truck Limited Time Permit on Public Property. Food trucks may apply for a permit (f) The applicant agrees to only vend determined through a lottery drawing by the towards the sidewalk side of the street Planning Division to locate for a limited time in a and to keep the sidewalk unobstructed marked or delineated parallel public parking to allow for free flow pedestrian space. Food Trucks may also vend in City Parks movement along the street. with approval by the Parks and Recreation Director. (g) The applicant agrees to locate on public property such that they will not cause an (1) The Planning Division will conduct a lottery unsafe traffic or pedestrian situation. in November each year for a total of three (3) Food Truck Limited Time Permits for locating (h) The applicant agrees not to set up in a on public property. If more than nine (9) parking space adjacent to a parking pay lottery applications are made Planning Staff station kiosk. may increase the number of permits issued not to exceed one third (1/3) of the total (i) Food trucks are prohibited from parking number of applications. Instances in which or vending from angled on -street 1/3 the total number of applications results in parking spaces and from public parking a fraction of 0.5 or higher, the number of lots in the Entertainment District or the permits available shall be rounded up to the Downtown Business District. Food next whole number. These permits shall be trucks are prohibited from parking in issued on January 15t and will extend until marked parallel parking spaces that are December 315'. Food trucks may apply and posted reserved for residential use. participate in this lottery every year. (j) The City reserves the right to limit food (2) A Food Truck Limited Time Permit on Public trucks from utilizing public parking Property may be approved administratively spaces during special events such as; by the Planning Division after making the parades, Bikes, Blues and BBQ, etc. following determinations: Special event permits may be available to food trucks for certain events. Contact (a) The applicant has paid an annual $100 the City's Parking Division for special permit fee. Food trucks shall pay the event permits. appropriate fee for the time they are located in public parking spaces. The (C) Food Truck Limited Time Permit on Private food truck shall fit entirely within one Property. Food trucks may be approved marked parallel on -street parking space administratively by the Planning Division for a or within one marked parking space in a Food Truck Limited Time Permit to locate on City Park. private property after meeting the following conditions: (b) The applicant has provided a valid copy of the County Health Department permit (1) The applicant has paid an annual $100 and proof of remittance of HMR tax to permit fee, unless they are also the holder of the City of Fayetteville. a public property lottery permit and they have already paid a $100 permit fee Permits (c) The applicant has the responsibility to expire December 311' dispose of all wastes in accordance with all applicable laws. Food trucks are not (2) The applicant has provided a valid copy of permitted to dispose of their trash in the County Health Department permit and public trash receptacles. proof of remittance of HMR tax to the City of Fayetteville. (d) The applicant agrees to move to a different location after a four (4) hour Exhibit B (3) The applicant has the responsibility to dispose of all wastes in accordance with all applicable laws. Food trucks are not permitted to dispose of their trash in public trash receptacles. (4) The applicant has agreed to move to a different property after a four (4) hour time period. This time period includes any onsite set-up or break -down time. (5) The property is zoned to allow for food and beverage uses and the location meets all applicable zoning requirements of the underlying zoning district. The property owner for each location must provide a written statement giving the food truck operator permission to operate on the property. A site plan shall be provided by the applicant or property owner for each proposed site upon which the food truck would like to temporarily locate. The food truck vendor shall keep these records up to date with the Planning Division. (6) The applicant agrees to locate on private property such that they will not cause an unsafe traffic or pedestrian situation. Attachment C 178.06 Transient Merchants All transient merchants are subject to regulations and registration under Arkansas state statutes. Any criteria established herein shall not relieve the applicant from meeting applicable criteria relative to transient merchants. "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 178.07-178.99 Reserved Attachment C 178.06 Transient Merchants All transient merchants are subject to regulations and registration under Arkansas state statutes. Any criteria established herein shall not relieve the applicant from meeting applicable criteria relative to transient merchants. "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 178.07-178.99 Reserved 97.086 Vending And Peddling (A) General prohibition of selling or offering to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. (B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. (C) Food trucks permitted pursuant to §178.05 may operate in City Parks as described below: Exhibit D (1) Food trucks may not locate in the same area that is actively being served by a contracted concessionaire as shown on Exhibit C during regular season Fayetteville Parks and Recreation leagues and tournaments. (2) Food trucks may locate at Gulley Park during a Gulley Park Concert or special event in other parks such as tournaments, reserved park gatherings, etc. if approved by the Parks and Recreation Director. (D) For special events, food trucks and sales of items other than food may be approved by the Parks and Recreation Director through a special event permit.. (Code 1965, '17A-29; Ord. No. 1594, 4-1-68; Code 1991, §97 086, Ord. 5310, 4-6-10; Ord. No. 5531, 10- 02-12) Cross reference(s)--Penalty, '97.999. L }� Ln N O LO O O "j w a cu NQ 1..1� CU L 4--� ^ I . a) c LL W 4 Y j, J LL LU a) O Y C+� CO C'7 J T.-- ' J 41 s • =� ; 4�, L fir Cl O Q � O (a i L.L cn E Qi L N: Q Of r - CD C) 00 1�1 �m 01 C Q 0- Co a_ O Z W LO Existing UDC Chapters 178.04 & 178.05 178.04 Outdoor Mobile Vendors Located (5) The proposed use must be a permitted use - On Private Property by -right within the underlying zoning district in order to be permitted. (A) Purpose. This section's purpose is to facilitate and control the ability of outdoor vendors to temporarily (6) An Outdoor Mobile Vendor business may be operate on private property while ensuring such approved by the Planning Division after use is compatible with and not detrimental to making the following determinations: nearby properties, does not adversely affect nearby businesses, fosters an aesthetically (a) All of the requirements of 178.04(B)(2) appealing streetscape, and does not create or have been met. worsen a dangerous traffic condition. (b) The applicant has established that the (B) Requirements. Outdoor Mobile Vendors located operation of the outdoor mobile vendor on private property shall meet the following will be compatible with and not requirements and submittals prior to approval: detrimental to nearby properties, will not adversely affect nearby businesses, will (1) Permit Application. Each application for a foster an aesthetically appealing permit to conduct an Outdoor Mobile Vendor streetscape and will not create or worsen business shall be accompanied by a $50 a dangerous traffic condition. permit review and processing fee. (7) Outdoor mobile vendors are allowed on a (2) Application for a permit to conduct an Outdoor temporary basis (90 days), by nature of their Mobile Vendor business shall include the temporary occupancy, in one location over a following items in a format acceptable to the one-year (twelve month) timeframe. Outdoor Zoning and Development Administrator: mobile vendors may move to a different location at least one half mile from the original (a) Name, address and contact information. location after this 90-day period has expired. However, a new Outdoor Mobile Vendor (b) Type of items sold or services rendered. Application will have to be reviewed and A change in product or service will approved by the Planning Division for a new require a new permit to be issued. location. (c) A valid copy of all necessary permits (8) Outdoor mobile vendors shall be in required by State and County health compliance with parking lot requirements for authorities. any existing and the proposed business. The number of required parking spaces is (d) Proof of application for remittance of determined by the use and size of the HMR tax to the City of Fayetteville. proposed transient merchant business, and by the use and size of the existing business. (e) Means to be used in conducting business Parking spaces on the property where the including but not limited to a description outdoor mobile vendor is located shall be of any mobile device to be used for paved and striped in order to be utilized. The transport or to display approved items or use of parking for an out door mobile vendor services. may not reduce the number of spaces necessary for other uses occurring on the (f) A detailed site plan and written property. An adequate number of parking description illustrating the type, location, spaces for the existing businesses and the and dimensions of the mobile vendor outdoor mobile vendor must be provided business including parking. onsite. The location of the outdoor mobile vendor shall not impede traffic flow or create (g) Written authorization, signed by the a dangerous traffic condition, as determined property owner or legal representative of by Planning Division upon review of the site record, stating that the transient plan. merchant business is permitted to operate on the subject property. (C) Variances. Outdoor Vendors may request a variance from the Planning Commission to (3) The permit issued shall not be transferable in operate for an extended period of time, not to any manner. exceed twelve consecutive months, in the same location subject to the following standards: (4) The permit is valid for one mobile vendor location only. (1) A vendor may request a variance from the 90 day location requirement to operate for an extended period of time. The maximum time period that the Planning Commission may grant this variance is limited to no more than twelve consecutive months. (2) The applicant shall comply with the notification requirements of section 157.05 of the Unified Development Code. (3) A variance may be granted by the Planning Commission when the following findings have been met: (a) The applicant has established that the operation of the outdoor mobile vendor will be compatible with and not detrimental to nearby properties, will not adversely affect nearby businesses, will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (b) That the outdoor mobile vendors' presence for an extended period of time at one location will not create an unfair advantage over similar and nearby permanent businesses. (4) In granting the variance, the Planning Commission may require appropriate conditions and safeguards, including semi- permanent or permanent improvements to the property to secure the substantial objectives of the ordinance. (Ord. 5185, 10-7-08; Ord. 5425, 8-2-11: Ord. 5498 05-01-12) 178.05 Transient Merchants All transient merchants are subject to regulations and registration under Arkansas state statutes. Any criteria established herein shall not relieve the applicant from meeting applicable criteria relative to transient merchants. "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 (Ord. 5185, 10-7-08) 178.06-178.99 Reserved (Ord. 5185, 10-7-08) Highlight of additions to existing Parks section 97.086 97.086 Vending And Peddling (A) General prohibition of selling or offering to sell items in city parks. No person or business shall, within a city park, display, offer for sale, or sell any article, thing or service, nor place any stand, cart or vehicle for the display, sale or transportation of any such article. (B) Exemptions. The City's regularly licensed concessionaires acting pursuant to the authority and regulation of the City are exempt from subsection (A). The Farmers' Market and its members may sell items allowed pursuant to §114.02 (C) of the Fayetteville Code on Sundays, Saturdays and one weekday within a portion of the Lake Fayetteville Park that is licensed to the Botanical Garden Society of the Ozarks (if approved by the Society) as shown on Exhibit A. (C) Food trucks permitted pursuant to §178.05 may. operate in City Parks as described below: (1) Food trucks may not locate in the some area that is actively being served by a contracted concessionaire as shown on Exhibit C during regular season Fayetteville Parks and Recreation leagues and tournaments. (2) Food trucks may locate at Gulley Park during a Gulley Park Concert ar special event in otter parks such as tournaments, reserved park gatherings, etc. if approved by the Parks and Recreation Director. (D) For special events, food trucks and sales of items other than food may be approved by the Parks and Recreation Director through a special ; event;ppermit.. (Code 1965, '17A-29; Ord. No. 1594, 4-1-68; Code 1991, §97.086, Ord. 5310, 4-6-10; Ord. No 5531, 10- 02-12) Cross reference(s)--Penalty, '97.999. Peter Nierengarten Submitted By City of Fayetteville Item Review Form Pin .(X0 2) __ 0 ll t�__)"'12) Legistar File Number 11/19/13 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Action Required: VOID Sustainability and Strategic Planning Department Staff recommends approval of an ordinance amending the Unified Development Code Chapter 178: Outdoor Vendors to clarify existing regulations, create a short and long term permit process and to allow for mobile food trucks to operate daily on private property. Does this item have a cost? NO Cost of this request Account Number Project Number Budgeted Item? Category or Project Budget Funds Used to Date $0.00 Remaining Balance Budget Adjustment Attached? Previous Ordinance or Resolution # 5498 Program or Project Name Program or Project Category Fund Name V20130812 Original Contract Number: Comments: i �r� '. y r•; i 1 is l ` 7-! = �+ Irt . , j ! !&IVVJ p rflENT 0 I 0' Ali>'� C+'( �. `U(''' (IJl t 199 0' tt-I �Rkl(ANSAS� CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Don Marr, Chief of Staff CC: Jeremy Pate, Development Services Director From: Peter Nierengarten, Sustainability & Strategic Planning Director tf\ Date: October 30, 2013 Subject: ADM 13-4486 Outdoor Mobile Vendor Ordinance Amendments RECOMMENDATION: THE CITY OF YEtl EVILLY, FiRkANSAS Staff recommends approval of an ordinance amending the Unified Development Code Chapter 178: Outdoor Vendors to clarify existing regulations, create a short and long term permit process and to allow for mobile food trucks to operate daily on private property. BACKGROUND: The City Council adopted the Outdoor Vendor Chapter in the Unified Development Code in 2008. Previously, the City administered vendor licensing through a Transient Merchant License. Since 2008 the section of this code that deals with outdoor mobile vendors operating on private property has been amended twice in order to expedite the process and to allow vendors to locate in the same place for time periods longer than the original 90 day limitation. Recently Planning Staff and Alderman Petty have discussed a number of amendments to this code. The first would be to create an extended permitting process that would allow vendors to get a permit to set up and operate in the same location for a calendar year. Additionally, staff has extended the temporary permit from 90 days to 6 months. And finally, staff is proposing to rename the sidewalk vendor section and add a new section that would permit mobile food trucks to operate on private property on a daily basis. The following bullet points highlight the proposed amendments to the existing Outdoor Mobile Vendor code: ■ Mobile vendors shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street of the proposed mobile vendor location. ■ All permits would be granted to the property owner and the outdoor mobile vendor operator jointly. This will place the responsibility of compliance with the ordinance on both the mobile vendor operator and the property owner. ■ A temporary permit would be extended from the current 90 days to six months. This will allow for a longer "season" for seasonal operators such as snow cone businesses which typically operate for five months. Staff also feels that six months allows a vendor to adequately test and evaluate their business model at a specific location. • The temporary permit requirement to move locations after six months would allow for relocation within '/ mile instead of the current '/2 mile. Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain -Fayetteville, AR 72701 VOID • The "Variance" section has been renamed as an "Annual Permit" and shall be limited to one year. Annual permits will be granted by the Planning Commission which may impose conditions and restrictions on the mobile vendor business or the property owner such as landscape improvements, parking lot improvements or permanent restroom facilities, etc. The mobile vendor may continue to request extended permits for the same location year after year. Mobile vendor courts will be able to form through the use of the annual permit process. • Mobile vendors seeking a temporary (6 month) permit are approved administratively after meeting the requirements of the ordinance. Outdoor mobile vendors seeking an annual permit shall provide a list of nearby similar businesses that includes the name, products sold or services rendered and the distance from the proposed mobile vendor location. • A number of existing business operations that are regulated by other codes would be exempted from this chapter including; special events, fireworks sales, etc. • A list of prohibited conduct is included and a section outlining the process for suspending or revoking the permit is added. • Outdoor mobile vendors shall comply with the Federal Americans with Disability Act (ADA) requirements if the public has access to the interior of any mobile vending unit. The following bullet points highlight the proposed amendments to the existing sidewalk vendor ordinance adding a new section regulating food trucks located on private property: • A food truck is a motorized and operational self contained vehicle equipped with facilities for cooking and selling food that is removed daily from the property on which it vends food. Food trucks may be permitted to locate on private property on an annual basis through and administrative process when all conditions of the ordinance have been met. • Food truck permits would be granted to the property owner and the outdoor mobile vendor operator jointly. • The food truck shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street of the proposed food truck location. • Food truck permits are good for only one location, but food trucks may hold permits for multiple locations. DISCUSSION The Planning Commission heard this item at their October 15, 2013 meeting and proposed minor changes to the code. The Planning Commission forwarded this item to the City Council with a recommendation of approval for the amended version with a 7-2-0 vote. Staff supports Planning Commission's amendments and has included their recommended language in the ordinance. BUDGET IMPACT: None ORDINANCE NO. AN ORDINANCE TO REPEAL § 178.03 SIDEWALK VENDORS AND ENACT A REPLACEMENT § 178.03 SIDEWALK VENDORS AND FOOD TRUCKS AND TO REPEAL § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY AND ENACT A REPLACEMENT § 178.04 OUTDOOR MOBILE VENDORS LOCATED ON PRIVATE PROPERTY 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 § 178.03 Sidewalk Vendors and enacts a replacement § 178.03 Sidewalk Vendors and Food Trucks as shown on Exhibit A attached hereto. Section 2. That the City Council of the City of Fayetteville, Arkansas repeals § 178.04 Outdoor Mobile Vendors Located on Private Property and enacts § 178.04 Outdoor Mobile Vendors Located on Private Property as shown on Exhibit B attached hereto. PASSED and APPROVED this 19'` day of November, 2013. By: - LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT V Cl, I - ..J+ -1 178.03 Sidewalk Vendors and Food Trucks (4) The applicant has notified all adjacent property owners, by certified mail, of the (A) Purpose. application. (1) Sidewalk Vendors. Public rights -of -way (C) Permit Application. Each application for a are designed for free and unobstructed sidewalk vendor or food truck permit shall be travel. However, the City of Fayetteville accompanied by a $100 application and recognizes that certain development permit fee. Food truck permits shall be patterns with wide sidewalks are unique accompanied by the $100 permit fee for and that certain public amenities are not each location requested for approval. All inconsistent with the underlying permits issued after July 1st shall be dedication for the public right-of-way, as accompanied by a $50 application and long as they do not impede travel or permit fee. Each permit will expire at 3 a.m. interfere with the public safety. This on January 1st following the year issued. ordinance is designed to regulate open The permit fee shall be collected prior to air vending of goods on public rights -of- issuance of the permit. way. (1) Application for a sidewalk vendor or (2) Food Trucks. The City of Fayetteville food truck permit shall include the encourages a diversity of business following items in a format acceptable to opportunities and support the Zoning and Development entrepreneurship by establishing Administrator: ordinances designed to allow mobile food trucks to fluoric in the city. Food (a) Name, address and contact trucks may be permitted to locate on information of the owner and private property on an annual basis operator of the mobile device as through an administrative approval well as the contact information of process. Food trucks may also be the property owner if applicable. permitted to operate on public property temporarily if approved through a (b) Type of items sold or services special event permit process rendered. administered by the City. In all cases, food trucks shall be removed daily from (c) A valid copy of all necessary the property on which they were permits required by State and vending. County health authorities. (B) Sidewalk Vendor and Food Truck (d) Proof of application for remittance Authorization. The Zoning and Development of HMR tax to the City of Administrator may issue a permit for a Fayetteville. sidewalk vendor or food truck to use a (e) Means to be used in conducting specific sidewalk, plaza location or private business, including but not limited property for specified hours to sell specified to, a description of any mobile goods for up to a one year period. In addition container or device to be used for to the general use requirements, the Zoning transport or to display approved and Development Administrator shall ensure that no permit is granted unless: items or services. (1) The applicant has obtained all (f) A site plan indicating the location necessary permits from State or County and dimensions of the proposed authorities. vehicle or pushcart. (2) The applicant has submitted a sales and (g) A detailed scale drawing, picture or use tax number, sales tax remittance diagram and material specifications forms and an affidavit that the applicant of the vehicle or pushcart to be has fully paid all sales and use taxes used. during the previous twelve months, if (2) The permit issued shall not be applicable. transferable in any manner. (3) The applicant has filed a HMR tax remittance form with the City of (3) The sidewalk vending or food truck Fayetteville, when applicable. permit is good for one location only. Sidewalk vendors and food trucks may hold permits for multiple locations. (1) North and West sidewalks in front of the Walton Arts Center. Sidewalk vendors (D) Permitted Vending Products and Goods. may locate along West Avenue and Dickson St. in front of the Walton Arts (1) Sidewalk Vendors. The City of Center Fayetteville permits the following types of goods for sidewalk vending in (2) Inside of the Fayetteville Square. approved locations: Sidewalk vendors may locate along sidewalks on all sides of the interior of (a) Cut Flowers the downtown Fayetteville Square. On days / times that the Farmers' Market or (b) Food and Beverage other special events operate, sidewalk vendors shall only be permitted if (c) Arts and Crafts: Only objects of art approved through the Farmers' Market or craft produced and sold by a or Special Event Permit process. local artist or craft person may be sold by sidewalk vendors. (F) Sidewalk Vendor Conditional Use Permit. If an applicant wishes to operate as a sidewalk (2) Food Trucks. The City of Fayetteville vendor in a location other than those permits only food and/or beverage items specifically approved by the City Council, a to be sold from food trucks. conditional use permit must be obtained. Upon receipt of a conditional use permit (3) All goods being sold from sidewalk application, the Planning Commission shall vendors and food trucks shall: review the proposed permit operating area to determine if the said area is suitable for (a) Be located within the permitted area sidewalk vending in accordance with this and be attended at all times. chapter. In making this determination, the Sidewalk vendors shall not conduct Planning Commission shall consider the transactions with vehicular traffic following criteria: located in the right-of-way. (1) The application meets all other criteria (b) Not lead to or cause congestion or established herein for a sidewalk blocking of pedestrian or vehicular vendor, with the exception that the traffic on the sidewalk or street. applicant may request that the cart, and/or operating area, may be larger (c) Involve a short transaction period to than the dimension required in this complete the sale or render the chapter. An increase in cart size or service. operating area may be considered by the Planning Commission as a variance (d) Not cause undue noise or offensive and does not require conditional use odors. permit review. The determination of a larger cart size and/or operation area (e) Be easily carried by pedestrians. shall be subject to the variance criteria in Chapter 156.03(C). (E) Sidewalk Vendor Location Requirements. Sidewalk vendors are permitted in specific (2) The number of permits issued for the locations in Fayetteville as a use by right. sidewalk vending location shall not These locations have been determined by exceed the capacity of the area in terms the City Council to have adequate sidewalk of maintaining the use of the sidewalk width, pedestrian traffic flow, and they as a public right-of-way. The Planning minimize potential conflicts with existing Commission shall consider the width of businesses. Sidewalk vendors are not sidewalk, the proximity and location of permitted to operate on days / times existing street furniture, including, but associated with special events, unless they not limited to: signposts, lamp posts, have been approved and granted a Special parking meters, bus shelters, benches, Events Permit from the organization phone booths, street trees and coordinating the special event. Maps of newsstands, as well as the presence of approved locations are available in the bus stops, truck loading zones, or taxi Planning Division. The locations where stands to determine whether the sidewalk vending is allowed as a permitted proposed use would result in pedestrian use are: or street congestion. be removed from the is -;Y ' (G) Sidewalk Vendor Operation Requirements. during non-operationa urs. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with (8) Prior to final approval, Planning Staff a valid permit issued under this Chapter may shall inspect the sidewalk vendor set up transport and/or display approved goods in the proposed location. The applicant upon the approved mobile device or shall make an appointment between the pushcart, under or subject to the following hours of 8 a.m. to 5 p.m. in which conditions: Planning Staff will inspect the cart and all proposed accessories such as (1) The operating area shall not exceed 40 coolers, trash receptacle, chairs, etc. square feet of sidewalk, which shall that the applicant is proposing for the include the area of the mobile device, site. Upon approval, sidewalk vendors operator and trash receptacle. The shall display in a prominent and visible Planning Division will provide a map of manner the permit issued by the approved vendor locations. Planning Division. (2) The length of the mobile device or cart (9) The Fire Marshal shall inspect and shall not exceed 7 feet, including the approve any food and beverage cart's trailer tongue or hitch that is not pushcart to assure the conformance of removed or collapsible, and any all cooking or heating apparatus with the propane tanks or other attachments to provisions of the City Fire Code. the mobile device. The width shall not exceed 4 feet, including the carts wheel (10) Sidewalk vendors who sell food and wells or tires, and any accessory beverage are required to be permitted, components of the cart such as and receive approval, through the retractable or collapsible sinks or Arkansas Department of Health and shelves. Human Services for food related establishments. A copy of the permit (3) The height of the mobile device or issued by the State, and inspected and pushcart, excluding canopies, approved by the Washington County umbrellas, or transparent enclosures, Health Department, shall be supplied to shall not exceed 5 feet. the Planning Division prior to Planning Division approval. (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (11) Sidewalk vendors are required to provide a trash receptacle for public use (5) Mobile generators are prohibited. located within their permitted operating space. All sidewalk vendors must pick (6) No sidewalk vendor may conduct up and properly dispose of all paper, business on a sidewalk in any of the cardboard, metal, plastic or other litter in following places: any form (including cigarette butts) within the sidewalk area assigned to the (a) Within 10 feet of the intersection of vendor within thirty minutes of the end of the sidewalk with any other daily operations. Failure to completely sidewalk. Sidewalk intersections remove all such litter from the shall be kept clear for pedestrian authorized sidewalk location shall safety. constitute a violation of the permit approval. (b) Within 10 feet of any handicapped parking space, or access ramp. (12) No sidewalk vendor shall solicit, berate or make any noise of any kind by (c) Within 15 feet of a fire hydrant. vocalization or otherwise, for the purpose of advertising or attracting (d) Within 15 ft. of an entrance to a attention to his wares. No audible building. amplified music shall be permitted. (7) Sidewalk vending facilities shall be (H) Food Truck Location and Operation removed from the public right-of-way Requirements. Food trucks may be when not in use. Sidewalk vendors are permitted administratively on an annual only allowed to operate between the basis for multiple locations subject to the hours of 5 a.m. and 3 a.m. All carts shall VOID following determinations made by the Zoning approved by the Washington County and Development Administrator: Health Department, shall be supplied annually upon permit renewal. (1) The property is zoned to allow for food and beverage uses and the (5) Food trucks may operate between the location meets all applicable zoning hours of 5 a.m. and 3 a.m. Food requirements of the underlying trucks shall be removed daily from the zoning district. The property owner for property on which they were each location must provide a vending and the applicant shall written statement giving the food demonstrate that they have a truck operator permission to operate permanent location to appropriately on the property. A site plan shall be store their food truck when it is not in provided by the applicant for each operation. proposed site upon which the food truck would like to temporarily (6) Food trucks are required to provide a locate. trash receptacle for public use located adjacent to their operation. (2) The food truck shall not match or duplicate the primary food or beverage (1) Signage Requirements. Sidewalk vendors offerings sold by permanent businesses and food trucks shall obtain a sign permit located upon property immediately from the Planning Division prior to the adjacent to and on the same side of the issuance of a permit to operate. Sidewalk street of the proposed food truck vendors and food trucks are permitted a total location, unless the food truck predates of one (1) A -frame sandwich/menu board the aforementioned permanent subject to Ch. 174 Signs regulating these businesses. types of signs. The menu board shall list the products and prices for the items being (3) The parking requirement for the food vended. Only products or services available truck and any operating businesses at the vending location shall be displayed. on the property is met. (J) Revocation of the Sidewalk Vendor or Food (4) The applicant has provided the City with Truck Permit. The Zoning and Development documentation of approval from the Administrator is authorized to revoke a Arkansas Department of Health and sidewalk vendor or food truck permit if it is Human Services for food related determined that a violation of the establishments. A copy of this permit requirements of the Unified Development issued by the State, and inspected and Code has occurred. EXHIBIT __3__ TITLE XV UNIFIED DEVELOPMENT CODE 178.04 Outdoor Mobile Vendors may request afn��#�he Plannin Commisto ❑ erate for a one Located On Private Property g p year time period in the same location subject (A) Purpose. This section's purpose is to to the following standards: facilitate and control the ability of outdoor (1) The applicant shall comply with the mobile vendors to operate on private notification requirements of property while ensuring such use is section 157.05 of the Unified compatible with and not detrimental to nearby properties, does not adversely affect Development Code. nearby businesses, fosters an aesthetically appealing streetscape and does not create (2) All of the requirements of 178.04(D) or worsen a dangerous traffic condition. have been met. (B) Outdoor Mobile Vendor Temporary Permit (3) In granting an annual permit, the for a Single Location. Outdoor mobile Planning Commission may require vendors are allowed on a temporary basis appropriate conditions and safeguards, for a maximum of six months in one location including semi -permanent or permanent during a calendar year. Outdoor mobile improvements to the property to secure vendors utilizing a temporary permit may the substantial objectives of the request to relocate to a different site at least ordinance, such as; restroom facilities or one quarter mile (1,320 feet) from the shared use agreements, landscaping original location after this six month period improvements, parking lot has expired. However, a new outdoor mobile improvements, sidewalk improvements, vendor application shall be reviewed and etc. approved by the Planning Division for every (4) Annual permits shall expire on new location. All temporary permits shall sc expire a maximum of six months from the December Anew permit request date issued and the mobile vending unit shall shall submitted ithe Planning be removed from the property. Commission for each subsequent year that an outdoor mobile vendor wishes to (1) A temporary permit for an outdoor locate on the same property. mobile vendor business in a single location may be approved and issued (5) The applicant has established that the administratively by the Planning Division operation of the outdoor mobile vendor after making the following will foster an aesthetically appealing determinations: streetscape and will not create or worsen a dangerous traffic condition. (a) All of the requirements of 178.04(D) (6) Outdoor mobile vendors seeking an have been met. annual permit shall provide a list of (b) The applicant has established that nearby similar businesses that includes the operation of the outdoor mobile the name, products sold or services vendor will foster an aesthetically rendered and the distance from the appealing streetscape and will not proposed mobile vendor location. create or worsen a dangerous traffic condition. (D) Permit Requirements. All outdoor mobile vendors located on private property shal (c) The outdoor mobile vendor meet the following requirements and business shall not match or submittals prior to approval: duplicate the primary food or 1) Permit Application Fee. Each application ( beverage offerings sold by to conduct an outdoor mobile vendo permanent businesses located upon property immediately adjacent business shall be accompanied by a to and on the same side the $100 permit review and processing fee. street as the proposed outdoor Outdoor mobile vendor permits shall be mobile vendor, unless the outdoor issued to the property owner and the mobile vendor predates the outdoor mobile vendor operator jointly. aforementioned permanent business. (2) Temporary and Annual Permit Application Requirements. Application C) Outdoor Mobile Vendor Annual Permit for a for a permit to conduct an outdoo Single Location. Outdoor mobile vendors mobile vendor business shall include the CD178:1 I TITLE XV UNIFIED DEVELOPMENTVE®ID following items in a format acceptable to vendor business. The number of the Zoning and Development required parking spaces is determined Administrator: by the use and size of the proposed outdoor mobile vendor business and by (a) Name, address, contact information the use and size of the existing and signature of both the property business. The property where the owner and the outdoor mobile outdoor mobile vendor is located should vendor requesting to locate on be paved in order to be utilized. The use private property. of parking for an outdoor mobile vendor may not reduce the number of spaces (b) A valid copy of all necessary below the minimum required for other permits required by State and uses occurring on the property. The County health authorities which location of the outdoor mobile vendor shall be conspicuously displayed at shall not impede traffic flow or create a all times during the operation of the dangerous traffic condition, as business. determined by Planning Division upon review of the site plan. (c) Proof of application for remittance of HMR tax to the City of (7) Outdoor mobile vendors shall comply Fayetteville, when applicable. with the Federal Americans with Disability Act (ADA) requirements if the (d) A written description of the vehicle public has access to the interior of any or structure to be used in mobile vending unit. conducting business and a list of nearby similar businesses that (8) The outdoor mobile vendor business includes the name, products sold or shall not match or duplicate the primary services rendered and the distance food or beverage offerings sold by from the proposed mobile vendor permanent businesses located upon location. property immediately adjacent to and on the same side of the street as the (e) A detailed site plan drawn to scale proposed outdoor mobile vendor, unless showing the location of the property the outdoor mobile vendor predates the lines, each outdoor mobile vendor aforementioned permanent businesses. location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed outdoor dining or sitting areas. (E) Exemptions. The provisions of the ordinance do not apply to: (f) Written authorization, signed by the property owner or legal (1) The placing and maintenance of representative of record, stating unattended stands or sales devices for that the outdoor mobile vendor is the sale or display of newspapers, permitted to operate on the subject magazines, periodicals and property for a specified period of paperbound books. time. (2) The distribution of free samples of (3) The permit issued shall not be goods, wares and merchandise by any transferable in any manner. individual from his person. (4) The permit shall be conspicuously (3) Special events authorized by a displayed at all times during the Special Event Permit from the City of operation of the outdoor mobile vending Fayetteville Parking Management business. Division. (5) The proposed use must be a permitted (4) Fireworks sales. use -by -right within the underlying zoning district. (5) Children's lemonade stands. (6) Outdoor mobile vendors shall maintain (6) Temporary tent sales that operate for compliance with parking lot less than 3 days. A tent permit from requirements for the existing business the Planning Division and Fire and the proposed outdoor mobile Marshal inspection is required. CD178:2 TITLE XV UNIFIED DEVELOPMENT CODE (7) Temporary sales for non-profit (4) Cancellation of heallh department entities that operate for less than 5 authorization for a food or beverage consecutive days. vending unit due to uncorrected health or sanitation violations, or; (8) Non-profit organizations that prepare and donate or give away food for (5) Failure of the property owner to free. implement improvements required by the Planning Commission as conditions (F) Prohibited Conduct. The following conduct is of an annual permit approval. prohibited for outdoor mobile vendors: (H) Notification of Suspension or Revocation. (1) Obstruct pedestrian or vehicular The Development Services Director shall traffic flow. provide written notice of the suspension or revocation in a brief statement setting forth (2) Obstruct traffic signals or regulatory the complaint, the grounds for suspension or signs. revocation and notifying the vendor of his/her right to appeal. Such notice shall be (3) Use of any device that produces a loud personally delivered, posted upon the and raucous noise or operate any outdoor mobile vendors' premises or mailed loudspeaker, light or light system, to both the address of the property owner public address system, radio, sound and the address of the outdoor mobile amplifier, or similar device to attract vendor shown on the permit holder's public attention. application by certified mail, return receipt requested. (7) 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. (8) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (G) 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 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. CD178:3 VO 178.03 i Sidewalk Vendors and Food 3 The a licant h f HMF2 layS () PP Trucks remittance form with the City of Fayetteville, when applicable. (A) Purpose. (4) The applicant has notified all adjacent (1) Sidewalk Vendors. Public property owners, by certified mail, of the rights -of -way are designed for free and application. unobstructed travel. However, the City of Fayetteville recognizes that (C) Permit Application. Each application for a certain development patterns with wide permtt-te-eoRducA sidewalk sidewalks are unique and that certain vendor or food truck permit shall be public amenities are not inconsistent accompanied by a $100 application and with the underlying dedication for the permit fee. Food truck permits shall be public right-of-way, as long as they do accompanied by the $100 permit fee for not impede travel or interfere with the each location requested for approval. All public safety. This ordinance is Ppermits issued after July 1st shall be designed to regulate open air vending of accompanied by a $50 application and goods on public rights -of -way. permit fee. Each permit will expire at 3 a.m. on January 1st following the year issued. (2) Food Trucks. The City of Fayetteville The permit fee shall be collected prior to encourages a diversity of business issuance of the permit. opportunities and support entrepreneurship by establishing (1) Application for a sidewalk vendor or ordinances designed to allow mobile food truck permit shall include the food trucks to fluoric in the city. Food following items in a format acceptable to trucks may be permitted to locate on the Zoning and Development private property on an annual basis Administrator: through an administrative approval (a) Name, address and contact process. Food trucks may also be information of the owner and permitted to operate on public property temporarily if approved operator of the mobile device as through a special event permit well as the contact information of process administered by the City. In the property owner if applicable. all cases, food trucks shall be removed daily from the property on (b) Type of items sold or services which they were vending. rendered. (B) Sidewalk Vendor and Food Truck (c) A valid copy of all necessary Authorization. The Zoning and Development permits required by State and Administrator may issue a permit for a County health authorities. sidewalk vendor or food truck to use a (d) Proof of application for remittance specific sidewalk, of plaza location or HMR tax to the City of private property for specified hours to sell specified goods for up to a one year period. F Fayetteville. In addition to the general use requirements, the Zoning and Development Administrator (e) Means to be used in conducting shall ensure that no permit is granted unless: business, including but not limited to, a description of any mobile (1) The applicant has obtained all container or device to be used for necessary permits from State or County transport or to display approved authorities. including aRy—Traasieat items or services. (f) A site plan indicating the location (2) The applicant has submitted a sales and and dimensions of the proposed use tax number, sales tax remittance use and deYiGe 9F pushGaFt. vehicle forms and an affidavit that the applicant or pushcart. has fully paid all sales and use taxes during the previous twelve months, if (g) di detailed scale drawing, picture or applicable. diagram and material specifications of the de+tise vehicle or pushcart to be used. V C (2) The permit issued shall not be permitted to operate on days / times transferable in any manner. associated with special events, unless they have been approved and granted a Special (3) The PeRnit us valid f9F 9AB 6idewalk Events Permit from the organization coordinating the special event. Maps of approved locations are available in the (3) The sidewalk vending or food truck Planning Division. The locations where street permit is good for one location only. sidewalk vending is allowed as a permitted Sidewalk vendors and food trucks use are: may hold permits for multiple locations. (1) North and West sidewalks in front of the Walton Arts Center. Sidewalk vendors (D) Permitted Vending Products and Goods. may locate along West Avenue and Dickson St. in front of the Walton Arts (1) Sidewalk Vendors. The City of Center Fayetteville permits the following types of goods for street sidewalk vending in (2) Inside of the Fayetteville Square. approved locations: Sidewalk vendors may locate along sidewalks on all sides of the interior of (a) Cut Flowers the downtown Fayetteville Square. On days / times that the Farmers' Market or (b) Food and Beverage other special events operate, sidewalk vendors shall only be permitted if (c) Arts and Crafts: Only objects of art approved through the Farmers' Market or craft produced and sold by a or Special Event Permit process. local artist or craft person may be sold by sheet sidewalk vendors. (F) Sidewalk Vendor Conditional Use Permit. If an applicant wishes to operate as a sidewalk (2) Food Trucks. The City of Fayetteville vendor in a location other than those permits only food and/or beverage specifically approved by the City Council, a items to be sold from food trucks. conditional use permit must be obtained. Upon receipt of a conditional use permit (3) All goods being sold from sidewalk application, the Planning Commission shall vendors and food trucks shall: review the proposed permit operating area to determine if the said area is suitable for (a) Be located within the permitted area street sidewalk vending in accordance with and be attended at all times. this chapter. In making this determination, Sidewalk vendors shall not conduct the Planning Commission shall consider the transactions with vehicular traffic following criteria: located in the right-of-way. (1) The application meets all other criteria (b) Not lead to or cause congestion or established herein for a sidewalk blocking of pedestrian or vehicular vendor, with the exception that the traffic on the sidewalk or street. applicant may request that the cart, and/or operating area, may be larger (c) Involve a short transaction period to than the dimension required in this complete the sale or render the chapter. An increase in cart size or service. operating area may be considered by the Planning Commission as a variance (d) Not cause undue noise or offensive and does not require conditional use odors. permit review. The determination of a larger cart size and/or operation area (e) Be easily carried by pedestrians. shall be subject to the variance criteria in Chapter 156.03(C). (E) Sidewalk Vendor Location Requirements. Sidewalk vendors are permitted in specific (2) The number of permits issued for the locations in Fayetteville as a use by right. street sidewalk vending location shall These locations have been determined by not exceed the capacity of the area in the City Council to have adequate sidewalk terms of maintaining the use of the width, pedestrian traffic flow, and they sidewalk as a public right-of-way. The minimize potential conflicts with existing Planning Commission shall consider the businesses. Sidewalk vendors are not width of sidewalk, the proximity and location of existing street furniture, including, but not limited to: signposts,d 9t f ithinI510an entrance to a lamp posts, parking meters, bus building. shelters, benches, phone booths, street trees and newsstands, as well as the (7) &reet Sidewalk vending facilities shall presence of bus stops, truck loading be removed from the public right-of-way zones, or taxi stands to determine when not in use. Sidewalk vendors are whether the proposed use would result only allowed to operate between the in pedestrian or street congestion. hours of 5 a.m. and 3 a.m. All carts shall be removed from the public right-of-way (G) Sidewalk Vendor Operation Requirements. during non -operational hours. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with (8) Prior to final approval, Planning Staff a valid permit issued under this Chapter may shall inspect the sidewalk vendor set up transport and/or display approved goods in the proposed location. The applicant upon the approved mobile device or shall make an appointment between the pushcart, under or subject to the following hours of 8 a.m. to 5 p.m. in which conditions: Planning Staff will inspect the cart and all proposed accessories such as (1) The operating area shall not exceed 40 coolers, trash receptacle, chairs, etc. square feet of sidewalk, which shall that the applicant is proposing for the include the area of the mobile device, site. Upon approval, sidewalk vendors operator and trash receptacle. The shall display in a prominent and visible Planning Division will provide a map of manner the permit issued by the approved vendor locations. Planning Division. (2) The length of the mobile device or cart (9) The Fire Marshal shall inspect and shall not exceed 7 feet, including the approve any food and beverage cart's trailer tongue or hitch that is not pushcart to assure the conformance of removed or collapsible, and any all cooking or heating apparatus with the propane tanks or other attachments to provisions of the City Fire Code. the mobile device. The width shall not exceed 4 feet, including the carts wheel (10) Sidewalk vendors who sell food and wells or tires, and any accessory beverage are required to be permitted, components of the cart such as and receive approval, through the retractable or collapsible sinks or Arkansas Department of Health and shelves. Human Services for food related establishments. A copy of the permit (3) The height of the mobile device or issued by the State, and inspected and pushcart, excluding canopies, approved by the Washington County umbrellas, or transparent enclosures, Health Department, shall be supplied to shall not exceed 5 feet. the Planning Division prior to Planning Division approval. (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (5) Mobile generators are prohibited. (6) No sidewalk vendor may conduct business on a sidewalk in any of the following places: (a) Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety. (b) Within 10 feet of any handicapped parking space, or access ramp. (c) Within 15 feet of a fire hydrant. (11) Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All sidewalk vendors must pick up and properly dispose of all paper, cardboard, metal, plastic or other litter in any form (including cigarette butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove all such litter from the authorized sidewalk location shall constitute a violation of the permit approval. (12) No sidewalk vendor shall solicit, berate or make any noise of any kind by vocalization or otherwise, for the purpose of advertising or attracting Health and Human Services for food attention to his wares. No audible related establishments. A copy of amplified music shall be permitted. this permit issued by the State, and inspected and approved by the (H) Food Truck Location and Operation Washington County Health Requirements. Food trucks may be Department, shall be supplied permitted administratively on an annual annually upon permit renewal. basis for multiple locations subject to the following determinations made by the (5) Food trucks may operate between the Zoning and Development Administrator: hours of 5 a.m. and 3 a.m. Food trucks shall be removed daily from (1) The property is zoned to allow for the property on which they were food and beverage uses and the vending and the applicant shall location meets all applicable zoning demonstrate that they have a requirements of the underlying permanent location to appropriately zoning district. The property owner store their food truck when it is not in for each location must provide a operation. written statement giving the food truck operator permission to operate (6) Food trucks are required to provide a on the property. A site plan shall be trash receptacle for public use provided by the applicant for each located adjacent to their operation. proposed site upon which the food truck would like to temporarily (1) Signage Requirements. Sidewalk vendors locate. and food trucks shall obtain a sign permit from the Planning Division prior to the (2) The food truck shall not match or issuance of a permit to operate. Sidewalk duplicate the primary food or vendors and food trucks are permitted a beverage offerings sold by total of one (1) A -frame sandwich/menu permanent businesses located upon board subject to Ch 174 Signs regulating property immediately adjacent to and these types of signs. The menu board shall on the same side of the street of the list the products and prices for the items proposed food truck location, unless being vended. Only products or services the food truck predates the available at the vending location shall be aforementioned permanent displayed. businesses. (3) The parking requirement for the food truck and any operating businesses on the property is met. (4) The applicant has provided the City with documentation of approval from the Arkansas Department of (J) Revocation of the Sidewalk Vendor or Food Truck Permit. The Zoning and Development Administrator is authorized to revoke a sidewalk vendor or food truck permit if it is determined that a violation of the requirements of the Unified Development Code has occurred. TITLE XV UNIFIED DEVELOPMENT CODE 178.04 Outdoor Mobile Vendors outdoor mobile vendor, unless Located On Private Property the outdoor mobile vendor predates the aforementioned (A) Purpose. This section's purpose is to permanent businesses. facilitate and control the ability of outdoor mobile vendors to t mT operate on (C) Varianges. Outdoor Mobile Vendor Annual private property while ensuring such use is Permit for a Single Location. Outdoor compatible with and not detrimental to mobile vendors may request a •v r•iPlan an nearby properties, does not adversely affect annual permit from the Planning nearby businesses, fosters an aesthetically Commission to operate for a one year time appealing streetscape and does not create period or worsen a dangerous traffic condition. ARthr in the same location subject to the following (B) Requiremeals. Outdoor Mobile Vendor standards: Temporary Permit for a Single Location. Outdoor mobile vendors are allowed on a temporary basis (90 days) for a maximum of six months esgHPaaey in one location during a calendar year. Outdoor mobile vendors utilizing a temporary permit may request to meve tYA. relocate to a different legatiea site at least one kcal# quarter mile (1,320 feet) from the (1) The applicant shall comply with the original location after this J9- six month day notification requirements of period has expired. However, a new outdoor section 157.05 of the Unified mobile vendor application wave-te shall Development Code. be reviewed and approved by the Planning Division for a every new location. All temporary permits shall expire a maximum of six months from the date issued and the mobile vending unit shall be removed from the property. (1) A temporary permit for an outdoor mobile vendor business in a single feet det;ftae te ae` location may be approved and issued PFGpeFties, fGStBF administratively by the Planning R8aFbY b 6iR86SG6 Will aR Division after making the following aesthGtiGally appealing 6#88tSGape. determinations: b) That the 9114A^^• ^,^"i1^ vender's (a) All of the requirements of 178.04(D) have been met. an unfair aduaatage eves°1aF (b) The applicant has established that and aFby ,,.,. h_1_'siReG6eG. the operation of the outdoor mobile vendor (2) All of the requirements of 178.04(D) net de#mme.ntal—te nearby have been met. will foster an foster an (3) In granting the--vapiaase an annual aesthetically appealing a permit, the Planning Commission may and will not create or worsen require appropriate conditions and dangerous traffic condition. safeguards, including semi -permanent or permanent improvements to the (c) The outdoor mobile vendor property to secure the substantial business shall not match or objectives of the ordinance, such as; duplicate the primary food or restroom facilities or shared use beverage offerings sold by agreements, landscaping improve - permanent businesses located ments, parking lot improvements, upon property immediately sidewalk improvements, etc. adjacent to and on the same side of the street as the proposed CD178:1 TITLE XV UNIFIED DEVELOPMENT CODE (4) Annual permits shall expire on December 31s" A new permit request (d turns A written Zlescription of shall be submitted to the Planning the vehicle or structure to be Commission for each subsequent used in conducting business and a year that an outdoor mobile vendor list of nearby similar businesses wishes to locate on the same that includes the name, products property. sold or services rendered and the distance from the proposed (5) The applicant has established that mobile vendor location. ifls4wdia9 the operation of the outdoor mobile vendor will foster an aesthetically appealing streetscape and will not tFaRSPOFt OF to display appFGVed create or worsen a dangerous traffic . condition. (e) (6) Outdoor mobile vendors seeking an , annual permit shall provide a list of nearby similar businesses that includes the name, products sold or pa*iag. services rendered and the distance from the proposed mobile vendor (e) A detailed site plan drawn to location. scale showing the location of the property lines, each outdoor (D) Permit Requirements. All outdoor mobile mobile vendor location, building vendors located on private property shall setback lines, vehicle parking meet the following requirements and spaces, the sidewalk location submittals prior to approval: and any proposed outdoor dining or sitting areas. (1) Permit Application Fee. Each application for a pefm4 to conduct an outdoor (f) Written authorization, signed by the mobile vendor business shall be property owner or legal accompanied by a W $100 permit representative of record, stating review and processing fee. Outdoor that the mobile vendor permits shall be hwsifless outdoor mobile vendor issued to the property owner and the is permitted to operate on the outdoor mobile vendor operator subject property for a specified jointly. period of time. (2) Temporary and Annual Permit (3) The permit issued shall not be Application Requirements. Application transferable in any manner for a permit to conduct an outdoor mobile vendor business shall include the (4) The permit is Valid feF GR8 ^R^"i'^ following items in a format acceptable to shall be the Zoning and Development conspicuously displayed at all times Administrator: during the operation of the outdoor mobile vending business. (a) Name, address, contact information and signature of both the (5) The proposed use must be a permitted property owner and the outdoor use -by -right within the underlying zoning mobile vendor requesting to district. 'R eFdeF te be PGFFnittGd. locate on private property. (6) Outdoor mobile vendors be in shall (b) A valid copy of all necessary maintain compliance with parking lot permits required by State and requirements for any the existing County health authorities which business and the proposed outdoor shall be conspicuously displayed mobile vendor business. The number at all times during the operation of required parking spaces is of the business. determined by the use and size of the proposed 'Fans'^^* FneFG"^^* outdoor (c) Proof of application for remittance mobile vendor business and by the of HMR tax to the City of use and size of the existing business. Fayetteville, when applicable. PaFki^^ G^^^^G OR The property where CD178:2 TITLE XV UNIFIED DEVELOPMENT CODV 0 the outdoor mobile vendor is located shall should be paved and -striped in order to be utilized. The use of parking for an outdoor mobile vendor may not reduce the number of spaces aesessary below the minimum required for other uses occurring on the property. Are the eXi6tiRg businesses and the e-Ad-e-e-F ++ The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan. (7) Outdoor mobile vendors shall comply with the Federal Americans with Disability Act (ADA) requirements if the public has access to the interior of any mobile vending unit. (8) The outdoor mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed outdoor mobile vendor, unless the outdoor mobile vendor predates the aforementioned permanent businesses. (F) Exemptions. The provisions of the 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 3 days. A tent permit from the Planning Division and Fire Marshal inspection is required. CD178:3 (7) Temporary sales for non-profit entities that operate for less than 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. (F) Prohibited Conduct. The following conduct is prohibited for outdoor 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. (7) 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. (8) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (G) 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 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 TITLE XV UNIFIED DEVELOPMEVOO 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; (5) Failure of the property owner to implement improvements required by the Planning Commission as conditions of an annual permit approval. (H) 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 of his/her right to appeal. Such notice shall be personally delivered, posted upon the outdoor mobile vendors' premises or mailed to both the address of the property owner and the address of the outdoor mobile vendor shown on the permit holder's application by certified mail, return receipt requested. (Ord. 5185. 10-7-08) CD178:4 OID Amend Chapter 151: Definitions by adding the following definitions. Food Truck. A motorized and operational self contained vehicle equipped with facilities for cooking and selling food that is removed daily from the property on which it vends food. Mobile Vending Unit. A commercial establishment designed to be readily moveable. VOILX 178.03 Sidewalk Vendors and Food Trucks (4) The applicant has notified all adjacent property owners, by certified mail, of the (A) Purpose. application. (1) Sidewalk Vendors. Public rights -of -way (C) Permit Application. Each application for a are designed for free and unobstructed sidewalk vendor or food truck permit shall be travel. However, the City of Fayetteville accompanied by a $100 application and recognizes that certain development permit fee. Food truck permits shall be accompanied by the $100 permit fee for patterns with wide sidewalks are unique each location requested for approval. All and that certain public amenities are not permits issued after July 1st shall be inconsistent with the underlying accompanied by a $50 application and dedication for the public right-of-way, as permit fee. Each permit will expire at 3 a.m. long as they do not impede travel or on January 1st following the year issued. interfere with the public safety. This The permit fee shall be collected prior to ordinance is designed to regulate open issuance of the permit. air vending of goods on public rights -of- way. (1) Application for a sidewalk vendor or (2) Food Trucks. The City of Fayetteville food truck permit shall include the following items in a format acceptable to encourages a diversity of business the Zoning and Development opportunities and support Administrator: entrepreneurship by establishing ordinances designed to allow mobile (a) Name, address and contact food trucks to fluoric in the city. Food information of the owner and trucks may be permitted to locate on operator of the mobile device as private property on an annual basis well as the contact information of through an administrative approval the property owner if applicable. process. Food trucks may also be permitted to operate on public property (b) Type of items sold or services temporarily if approved through a rendered. special event permit process administered by the City. In all cases, (c) valid copy of all necessary food trucks shall be removed daily from permits required by State and p the property on which they were County health authorities. vending. (B) Sidewalk Vendor and Food Truck (d) Proof of application for remittance Authorization. The Zoning and Development of HMR tax to the City of Administrator may issue a permit for a Fayetteville. sidewalk vendor or food truck to use a (e) Means t, be used in conducting specific sidewalk, plaza location or private business, including but not limited property for specified hours to sell specified to, a description of any mobile goods for up to a one year period. In addition container or device used for to the general use requirements, the Zoning transport or to disppllayy approved and Development Administrator shall ensure items or services. that no permit is granted unless: (1) The applicant has obtained all (f) A site plan indicating the location necessary permits from State or County and dimensions of the proposed authorities. vehicle or pushcart. (2) The applicant 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 the previous twelve months, if applicable. (3) The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable. (g) A detailed scale drawing, picture or diagram and material specifications of the vehicle or pushcart to be used. (2) The permit issued shall not be transferable in any manner. (3) The sidewalk vending or food truck permit is good for one location only. Sidewalk vendors and food trucks may hold permits for multiple locations. (1) North and West sidewalks in front of the Walton Arts Center. Sidewalk vendors (D) Permitted Vending Products and Goods. may locate along West Avenue and Dickson St. in front of the Walton Arts (1) Sidewalk Vendors. The City of Center Fayetteville permits the following types of goods for sidewalk vending in (2) Inside of the Fayetteville Square. approved locations: Sidewalk vendors may locate along sidewalks on all sides of the interior of (a) Cut Flowers the downtown Fayetteville Square. On days / times that the Farmers' Market or (b) Food and Beverage other special events operate, sidewalk vendors shall only be permitted if (c) Arts and Crafts: Only objects of art approved through the Farmers' Market or craft produced and sold by a or Special Event Permit process. local artist or craft person may be sold by sidewalk vendors. (F) Sidewalk Vendor Conditional Use Permit. If an applicant wishes to operate as a sidewalk (2) Food Trucks. The City of Fayetteville vendor in a location other than those permits only food and/or beverage items specifically approved by the City Council, a to be sold from food trucks. conditional use permit must be obtained. Upon receipt of a conditional use permit (3) All goods being sold from sidewalk application, the Planning Commission shall vendors and food trucks shall: review the proposed permit operating area to determine if the said area is suitable for (a) Be located within the permitted area sidewalk vending in accordance with this and be attended at all times. chapter. In making this determination, the Sidewalk vendors shall not conduct Planning Commission shall consider the transactions with vehicular traffic following criteria: located in the right-of-way. (1) The application meets all other criteria (b) Not lead to or cause congestion or established herein for a sidewalk blocking of pedestrian or vehicular vendor, with the exception that the traffic on the sidewalk or street. applicant may request that the cart, and/or operating area, may be larger (c) Involve a short transaction period to than the dimension required in this complete the sale or render the chapter. An increase in cart size or service. operating area may be considered by the Planning Commission as a variance (d) Not cause undue noise or offensive and does not require conditional use odors. permit review. The determination of a larger cart size and/or operation area (e) Be easily carried by pedestrians. shall be subject to the variance criteria in Chapter 156.03(C). (E) Sidewalk Vendor Location Requirements. Sidewalk vendors are permitted in specific (2) The number of permits issued for the locations in Fayetteville as a use by right. sidewalk vending location shall not These locations have been determined by exceed the capacity of the area in terms the City Council to have adequate sidewalk of maintaining the use of the sidewalk width, pedestrian traffic flow, and they as a public right-of-way. The Planning minimize potential conflicts with existing Commission shall consider the width of businesses. Sidewalk vendors are not sidewalk, the proximity and location of permitted to operate on days / times existing street furniture, including, but associated with special events, unless they not limited to: signposts, lamp posts, have been approved and granted a Special parking meters, bus shelters, benches, Events Permit from the organization phone booths, street trees and coordinating the special event Maps of newsstands, as well as the presence of approved locations are available in the bus stops, truck loading zones, or taxi Planning Division. The locations where stands to determine whether the sidewalk vending is allowed as a permitted proposed use would result in pedestrian use are: or street congestion. be removed from the public right-of-way (G) Sidewalk Vendor Operation Requirements. during non -operational hours. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with (8) Prior to final approval, Planning Staff a valid permit issued under this Chapter may shall inspect the sidewalk vendor set up transport and/or display approved goods in the proposed location. The applicant upon the approved mobile device or shall make an appointment between the pushcart, under or subject to the following hours of 8 a.m. to 5 p.m. in which conditions: Planning Staff will inspect the cart and all proposed accessories such as (1) The operating area shall not exceed 40 coolers, trash receptacle, chairs, etc. square feet of sidewalk, which shall that the applicant is proposing for the include the area of the mobile device, site. Upon approval, sidewalk vendors operator and trash receptacle. The shall display in a prominent and visible Planning Division will provide a map of manner the permit issued by the approved vendor locations. Planning Division. (2) The length of the mobile device or cart (9) The Fire Marshal shall inspect and shall not exceed 7 feet, including the approve any food and beverage cart's trailer tongue or hitch that is not pushcart to assure the conformance of removed or collapsible, and any all cooking or heating apparatus with the propane tanks or other attachments to provisions of the City Fire Code. the mobile device. The width shall not exceed 4 feet, including the carts wheel (10) Sidewalk vendors who sell food and wells or tires, and any accessory beverage are required to be permitted, components of the cart such as and receive approval, through the retractable or collapsible sinks or Arkansas Department of Health and shelves. Human Services for food related establishments. A copy of the permit (3) The height of the mobile device or issued by the State, and inspected and pushcart, excluding canopies, approved by the Washington County umbrellas, or transparent enclosures, Health Department, shall be supplied to shall not exceed 5 feet. the Planning Division prior to Planning Division approval. (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (5) Mobile generators are prohibited. (6) No sidewalk vendor may conduct business on a sidewalk in any of the following places: (a) Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety. (b) Within 10 feet of any handicapped parking space, or access ramp. (c) Within 15 feet of a fire hydrant. (d) Within 15 ft of an entrance to a building. (7) Sidewalk vending facilities shall be removed from the public right-of-way when not in use. Sidewalk vendors are only allowed to operate between the hours of 5 a.m. and 3 a.m All carts shall (11)Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All sidewalk vendors must pick up and properly dispose of all paper, cardboard, metal, plastic or other litter in any form (including cigarette butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove all such litter from the authorized sidewalk location shall constitute a violation of the permit approval. (12) No sidewalk vendor shall solicit, berate or make any noise of any kind by vocalization or otherwise, for the purpose of advertising or attracting attention to his wares. No audible amplified music shall be permitted. (H) Food Truck Location and Operation Requirements. Food trucks may be permitted administratively on an annual basis for multiple locations subject to the following determinations made by the Zoning approved by the Washington County and Development Administrator: Health Department, shall be supplied annually upon permit renewal. (1) The property is zoned to allow for food and beverage uses and the (5) Food trucks may operate between the location meets all applicable zoning hours of 5 a.m. and 3 a.m. Food requirements of the underlying trucks shall be removed daily from the zoning district. The property owner for property on which they were each location must provide a vending and the applicant shall written statement giving the food demonstrate that they have a truck operator permission to operate permanent location to appropriately on the property. A site plan shall be store their food truck when it is not in provided by the applicant for each operation. proposed site upon which the food truck would like to temporarily (6) Food trucks are required to provide a locate. trash receptacle for public use located adjacent to their operation. (2) The food truck shall not match or duplicate the primary food or beverage (1) Signage Requirements. Sidewalk vendors offerings sold by permanent businesses and food trucks shall obtain a sign permit located upon property immediately from the Planning Division prior to the adjacent to and on the same side of the issuance of a permit to operate. Sidewalk street of the proposed food truck vendors and food trucks are permitted a total location, unless the food truck predates of one (1) A -frame sapdwich/menu board the aforementioned permanent subject to Ch. 174 Signs regulating these businesses. types of signs. The menu board shall list the products and prices for the items being (3) The parking requirement for the food vended. Only products or services available truck and any operating businesses at the vending location shall be displayed. on the property is met. (J) Revocation of the Sidewalk Vendor or Food (4) The applicant has provided the City with Truck Permit. The Zoning and Development documentation of approval from the Administrator is authorized to revoke a Arkansas Department of Health and sidewalk vendor or food truck permit if it is Human Services for food related determined that a violation of the establishments. A copy of this permit requirements of the Unified Development issued by the State, and inspected and Code has occurred. VOID TITLE XV UNIFIED DEVELOPMENT CODE 178.04 Outdoor Mobile Vendors may request an annual permit from the Located On Private Property Planning Commission to operate for a one year time period in the same location subject (A) Purpose. This section's purpose is to to the following standards: facilitate and control the ability of outdoor (1) The applicant shall comply with the mobile vendors to operate on private notification requirements of property while ensuring such use is section 157.05 of the Unified compatible with and not detrimental to Development Code. nearby properties, does not adversely affect nearby businesses, fosters an aesthetically (2) All of the requirements of 178.04(D) appealing streetscape and does not create have been met. or worsen a dangerous traffic condition. (B) Outdoor Mobile Vendor Temporary Permit (3) In granting an annual permit, the Planning Commission may require for a Single Location. Outdoor mobile appropriate conditions and safeguards, vendors are allowed on a temporary basis including semi -permanent or permanent for a maximum of six months in one location improvements to the property to secure during a calendar year. Outdoor mobile the substantial objectives of the vendors utilizing a temporary permit may ordinance, such as; restroom facilities or request to relocate to a different site at least shared use agreements, landscaping one quarter mile (1,320 feet) from the improvements, parking lot original location after this six month period improvements, sidewalk improvements, has expired. However, a new outdoor mobile etc. vendor application shall be reviewed and approved by the Planning Division for every (4) Annual permits shall expire on new location. All temporary permits shall 5' December Anew permit request expire a maximum of six months from the shall submitted ithe Planning date issued and the mobile vending unit shall Commission for each subsequent year be removed from the property. that an outdoor mobile vendor wishes to (1) A temporary permit for an outdoor locate on the same property. mobile vendor business in a single (5) The applicant has established that the location may be approved and issued operation of the outdoor mobile vendor administratively by the Planning Division will foster an aesthetically appealing after making the following streetscape and will not create or determinations: worsen a dangerous traffic condition. (a) All of the requirements of 178.04(D) (6) Outdoor mobile vendors seeking an have been met. annual permit shall provide a list of (b) The applicant has established that nearby similar businesses that includes the operation of the outdoor mobile the name, products sold or services rendered and the distance from the vendor will foster an aesthetically proposed mobile vendor location. appealing streetscape and will not create or worsen a dangerous (D) Permit Requirements. All outdoor mobile traffic condition. vendors located on private property shall (c) The outdoor mobile vendor meet the following requirements and business shall not match or submittals prior to approval: duplicate the primary food or (1) Permit Application Fee. Each application beverage offerings sold by to conduct an outdoor mobile vendor permanent businesses located business shall be accompanied by a upon property immediately adjacent $100 permit review and processing fee. to and on the same side of the Outdoor mobile vendor permits shall be street as the proposed outdoor issued to the property owner and the mobile vendor, unless the outdoor outdoor mobile vendor operator jointly. mobile vendor predates the aforementioned permanent (2) Temporary and Annual Permit business. Application Requirements. Application (C) Outdoor Mobile Vendor Annual Permit for a for a permit to conduct an outdoor mobile vendor business shall include the Single Location. Outdoor mobile vendors CD178:1 TITLE XV UNIFIED DEVELOPMENT CODE following items in a format acceptable to vendor business. The number of the Zoning and Development required parking spaces is determined Administrator: by the use and size of the proposed outdoor mobile vendor business and by (a) Name, address, contact information the use and size of the existing and signature of both the property business. The property where the owner and the outdoor mobile outdoor mobile vendor is located should vendor requesting to locate on be paved in order to be utilized. The use private property. of parking for an outdoor mobile vendor may not reduce the number of spaces (b) A valid copy of all necessary below the minimum required for other permits required by State and uses occurring on the property. The County health authorities which location of the outdoor mobile vendor shall be conspicuously displayed at shall not impede traffic flow or create a all times during the operation of the dangerous traffic condition, as business. determined by Planning Division upon review of the site plan. (c) Proof of application for remittance of HMR tax to the City of (7) Outdoor mobile vendors shall comply Fayetteville, when applicable. with the Federal Americans with Disability Act (ADA) requirements if the (d) A written description of the vehicle public has access to the interior of any or structure to be used in mobile vending unit. conducting business and a list of nearby similar businesses that (8) The outdoor mobile vendor business includes the name, products sold or shall not match or duplicate the primary services rendered and the distance food or beverage offerings sold by from the proposed mobile vendor permanent businesses located upon location. property immediately adjacent to and on the same side of the street as the (e) A detailed site plan drawn to scale proposed outdoor mobile vendor, unless showing the location of the property the outdoor mobile vendor predates the lines, each outdoor mobile vendor aforementioned permanent businesses. location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed outdoor dining or sitting areas. (E) Exemptions. The provisions of the ordinance do not apply to: (f) Written authorization, signed by the property owner or legal (1) The placing and maintenance of representative of record, stating unattended stands or sales devices for that the outdoor mobile vendor is the sale or display of newspapers, permitted to operate on the subject magazines, periodicals and property for a specified period of paperbound books. time. (2) The distribution of free samples of (3) The permit issued shall not be goods, wares and merchandise by any transferable in any manner. individual from his person. (4) The permit shall be conspicuously (3) Special events authorized by a displayed at all times during the Special Event Permit from the City of operation of the outdoor mobile vending Fayetteville Parking Management business. Division. (5) The proposed use must be a permitted (4) Fireworks sales. use -by -right within the underlying zoning district. (5) Children's lemonade stands. (6) Outdoor mobile vendors shall maintain (6) Temporary tent sales that operate for compliance with parking lot less than 3 days. A tent permit from requirements for the existing business the Planning Division and Fire and the proposed outdoor mobile Marshal inspection is required. CD178:2 VOID TITLE XV UNIFIED DEVELOPMENT CODE (7) Temporary sales for non-profit (4) Cancellation of health department entities that operate for less than 5 authorization for a food or beverage consecutive days. vending unit due to uncorrected health or sanitation violations, or; (8) Non-profit organizations that prepare and donate or give away food for (5) Failure of the property owner to free. implement improvements required by the Planning Commission as conditions (F) Prohibited Conduct. The following conduct is of an annual permit approval. prohibited for outdoor mobile vendors: (H) Notification of Suspension or Revocation. (1) Obstruct pedestrian or vehicular The Development Services Director shall traffic flow. provide written notice of the suspension or revocation in a brief statement setting forth (2) Obstruct traffic signals or regulatory the complaint, the grounds for suspension or signs. revocation and notifying the vendor of his/her right to appeal. Such notice shall be (3) Use of any device that produces a loud personally delivered, posted upon the and raucous noise or operate any outdoor mobile vendors' premises or mailed loudspeaker, light or light system, to both the address of the property owner public address system, radio, sound and the address of the outdoor mobile amplifier, or similar device to attract vendor shown on the permit holder's public attention. application by certified mail, return receipt requested. (7) 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. (8) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (G) 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 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. CD178:3 VOID 178.03 Sidewalk Vendors and Food (3) The applicant has filed a HMR tax Trucks remittance form with the City of Fayetteville, when applicable. (A) Purpose. (4) The applicant has notified all adjacent (1) Sidewalk Vendors. Public property owners, by certified mail, of the rights -of -way are designed for free and application unobstructed travel. However, the City (C) Permit Application. Each application for a of Fayetteville recognizes thatpeFm ness en a sidewalk certain development patterns with wide vendor or food truck permit shall be sidewalks are unique and that certain accompanied by a $100 application and public amenities are not inconsistent permit fee. Food truck permits shall be with the underlying dedication for the accompanied by the $100 permit fee for public right-of-way, as long as they do each location requested for approval. All not impede travel or interfere with the ppermits issued after July 1st shall be public safety This ordinance is accompanied by a $50 application and designed to regulate open air vending of permit fee. Each permit will expire at 3 a.m. goods on public rights -of -way. on January 1st following the year issued. (2) Food Trucks. The City of Fayetteville The permit fee shall be collected prior to encourages a diversity of business issuance of the permit. opportunities and support (1) Application for a sidewalk vendor or entrepreneurship by establishing food truck permit shall include the ordinances designed to allow mobile following items in a format acceptable to food trucks to fluoric in the city. Food the Zoning and Development trucks may be permitted to locate on Administrator: private property on an annual basis through an administrative approval (a) Name, address and contact process. Food trucks may also be information of the owner and permitted to operate on public operator the mobile device as property temporarily if approved well as thea contact information of through a special event permit the property owner if applicable. process administered by the City. In all cases, food trucks shall be (b) Type of items sold or services removed daily from the property on rendered. which they were vending. (B) Sidewalk Vendor and Food Truck (c) A valid copy of all necessary permits required by State and Authorization. The Zoning and Development County health authorities. Administrator may issue a permit for a sidewalk vendor or food truck to use a (d) Proof of application for remittance specific sidewalk, eF plaza location or of HMR tax to the City of private property for specified hours to sell Fayetteville. specified goods for up to a one year period. In addition to the general use requirements, (e) Means t, be used in conducting the Zoning and Development Administrator business, including but not limited shall ensure that no permit is granted unless: to, a description of any mobile (1) The applicant has obtained all container or device to be used for necessary permits from State or County transport or to display approved authorities. items or services. (f) A site plan indicating the location (2) The applicant has submitted a sales and and dimensions of the proposed use and deviese. vehicle use tax number, sales tax remittance or pushcart. forms and an affidavit that the applicant has fully paid all sales and use taxes (g) detailed scale drawing, picture or during the previous twelve months, if diagram and material specifications d applicable. of the devise vehicle or pushcart to be used. (2) The permit issued shall not be permitted to operate on days / times transferable in any manner. associated with special events, unless they have been approved and granted a Special (3) The peFmit is Yalid f9F one sidewalk Events Permit from the organization coordinating the special event. Maps of approved locations are available in the (3) The sidewalk vending or food truck Planning Division. The locations where street permit is good for one location only. sidewalk vending is allowed as a permitted Sidewalk vendors and food trucks use are: may hold permits for multiple locations. (1) North and West sidewalks in front of the Walton Arts Center. Sidewalk vendors (D) Permitted Vending Products and Goods. may locate along West Avenue and Dickson St. in front of the Walton Arts (1) Sidewalk Vendors. The City of Center Fayetteville permits the following types of goods for street -sidewalk vending in (2) Inside of the Fayetteville Square. approved locations: Sidewalk vendors may locate along sidewalks on all sides of the interior of (a) Cut Flowers the downtown Fayetteville Square. On days / times that the Farmers' Market or (b) Food and Beverage other special events operate, sidewalk vendors shall only be permitted if (c) Arts and Crafts: Only objects of art approved through the Farmers' Market or craft produced and sold by a or Special Event Permit process. local artist or craft person may be sold by street sidewalk vendors. (F) Sidewalk Vendor Conditional Use Permit. If an applicant wishes to operate as a sidewalk (2) Food Trucks. The City of Fayetteville vendor in a location other than those permits only food and/or beverage specifically approved by the City Council, a items to be sold from food trucks. conditional use permit must be obtained. Upon receipt of a conditional use permit (3) All goods being sold from sidewalk application, the Planning Commission shall vendors and food trucks shall: review the proposed permit operating area to determine if the said area is suitable for (a) Be located within the permitted area street sidewalk vending in accordance with and be attended at all times. this chapter. In making this determination, Sidewalk vendors shall not conduct the Planning Commission shall consider the transactions with vehicular traffic following criteria: located in the right-of-way. (1) The application meets all other criteria (b) Not lead to or cause congestion or established herein for a sidewalk blocking of pedestrian or vehicular vendor, with the exception that the traffic on the sidewalk or street. applicant may request that the cart, and/or operating area, may be larger (c) Involve a short transaction period to than the dimension required in this complete the sale or render the chapter. An increase in cart size or service. operating area may be considered by the Planning Commission as a variance (d) Not cause undue noise or offensive and does not require conditional use odors. permit review. The determination of a larger cart size and/or operation area (e) Be easily carried by pedestrians, shall be subject to the variance criteria in Chapter 156.03(C). (E) Sidewalk Vendor Location Requirements. Sidewalk vendors are permitted in specific (2) The number of permits issued for the locations in Fayetteville as a use by right. street sidewalk vending location shall These locations have been determined by not exceed the capacity of the area in the City Council to have adequate sidewalk terms of maintaining the use of the width, pedestrian traffic flow, and they sidewalk as a public right-of-way. The minimize potential conflicts with existing Planning Commission shall consider the businesses. Sidewalk vendors are not width of sidewalk, the proximity and VOID location of existing street furniture, including, but not limited to: signposts, (d) Within 15 ft of an entrance to a lamp posts, parking meters, bus building. shelters, benches, phone booths, street trees and newsstands, as well as the (7) Street Sidewalk vending facilities shall presence of bus stops, truck loading be removed from the public right-of-way zones, or taxi stands to determine when not in use. Sidewalk vendors are whether the proposed use would result only allowed to operate between the in pedestrian or street congestion. hours of 5 a.m. and 3 a.m. All carts shall be removed from the public right-of-way (G) Sidewalk Vendor Operation Requirements. during non -operational hours. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with (8) Prior to final approval, Planning Staff a valid permit issued under this Chapter may shall inspect the sidewalk vendor set up transport and/or display approved goods in the proposed location. The applicant upon the approved mobile device or shall make an appointment between the pushcart, under or subject to the following hours of 8 a.m. to 5 p.m. in which conditions: Planning Staff will inspect the cart and all proposed accessories such as (1) The operating area shall not exceed 40 coolers, trash receptacle, chairs, etc. square feet of sidewalk, which shall that the applicant is proposing for the include the area of the mobile device, site. Upon approval, sidewalk vendors operator and trash receptacle. The shall display in a prominent and visible Planning Division will provide a map of manner the permit issued by the approved vendor locations. Planning Division. (2) The length of the mobile device or cart (9) The Fire Marshal shall inspect and shall not exceed 7 feet, including the approve any food and beverage cart's trailer tongue or hitch that is not pushcart to assure the conformance of removed or collapsible, and any all cooking or heating apparatus with the propane tanks or other attachments to provisions of the City Fire Code. the mobile device. The width shall not exceed 4 feet, including the carts wheel (10) Sidewalk vendors who sell food and wells or tires, and any accessory beverage are required to be permitted, components of the cart such as and receive approval, through the retractable or collapsible sinks or Arkansas Department of Health and shelves. Human Services for food related establishments. A copy of the permit (3) The height of the mobile device or issued by the State, and inspected and pushcart, excluding canopies, approved by the Washington County umbrellas, or transparent enclosures, Health Department, shall be supplied to shall not exceed 5 feet. the Planning Division prior to Planning Division approval. (4) No permanent hardware shall be affixed to the sidewalk or adjacent buildings. (5) Mobile generators are prohibited. (6) No sidewalk vendor may conduct business on a sidewalk in any of the following places: (a) Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety. (b) Within 10 feet of any handicapped parking space, or access ramp. (c) Within 15 feet of a fire hydrant. (11) Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All sidewalk vendors must pick up and properly dispose of all paper, cardboard, metal, plastic or other litter in any form (including cigarette butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove all such litter from the authorized sidewalk location shall constitute a violation of the permit approval. (12) No sidewalk vendor shall solicit, berate or make any noise of any kind by vocalization or otherwise, for the purpose of advertising or attracting Health and Human Services for food attention to his wares. No audible related establishments. A copy of amplified music shall be permitted this permit issued by the State, and inspected and approved by the (H) Food Truck Location and Operation Washington County Health Requirements. Food trucks may be Department, shall be supplied permitted administratively on an annual annually upon permit renewal. basis for multiple locations subject to the following determinations made by the (6) Food trucks may operate between the Zoning and Development Administrator: hours of 5 a.m. and 3 a.m. Food trucks shall be removed daily from (1) The property is zoned to allow for the property on which they were food and beverage uses and the vending and the applicant shall location meets all applicable zoning demonstrate that they have a requirements of the underlying permanent location to appropriately zoning district. The property owner store their food truck when it is not in for each location must provide a operation. written statement giving the food truck operator permission to operate (6) Food trucks are required to provide a on the property. A site plan shall be trash receptacle for public use provided by the applicant for each located adjacent to their operation. proposed site upon which the food truck would like to temporarily (1) Signage Requirements. Sidewalk vendors locate. and food trucks shall obtain a sign permit from the Planning Division prior to the (2) The food truck shall not match or issuance of a permit to operate. Sidewalk duplicate the primary food or vendors and food trucks are permitted a beverage offerings sold by total of one (1) A -frame sandwich/menu permanent businesses located upon board subject to Ch. 174 Signs regulating property immediately adjacent to and these types of signs. The menu board shall on the same side of the street of the list the products and prices for the items proposed food truck location, unless being vended. Only products or services the food truck predates the available at the vending location shall be aforementioned permanent displayed. businesses. (3) The parking requirement for the food truck and any operating businesses on the property is met. (4) The applicant has provided the City with documentation of approval from the Arkansas Department of (J) Revocation of the Sidewalk Vendor or Food Truck Permit. The Zoning and Development Administrator is authorized to revoke a sidewalk vendor or food truck permit if it is determined that a violation of the requirements of the Unified Development Code has occurred. TITLE XV UNIFIED DEVELOPMENT CODE 178.04 Outdoor Mobile Vendors outdoor mobile vendor, unless Located On Private Property the outdoor mobile vendor predates the aforementioned (A) Purpose. This section's purpose is to permanent businesses. facilitate and control the ability of outdoor (C) Veraases. Outdoor Mobile Vendor Annual mobile vendors to teaRperafiiy operate on Permit for a Single Location. Outdoor private property while ensuring such use is mobile vendors may request a Yafianee an compatible with and not detrimental to annual permit from the Planning nearby properties, does not adversely affect Commission to operate for a one year time nearby businesses, fosters an aesthetically period feF an extended PeFied of tome, not te appealing streetscape and does not create in the or worsen a dangerous traffic condition. same location subject to the following (B) RequiFements. Outdoor Mobile Vendor standards: Temporary Permit for a Single Location. Outdoor mobile vendors are allowed on a temporary basis (90 days) for a maximum epeFate fer—anr—e4ended pe^c'd cF• of six months by natblFe 9f theiF teFRPBFBFY time aedthat esedpaF►sy in one location tome.The maximum during a calendar this is limited t9 RA ;nArp4hmA year. Outdoor mobile vendors utilizing a YaFwasee temporary permit may request to aaeve relocate to a different lesatien site at least (1) The applicant shall comply with the one hal# quarter mile (1,320 feet) from the notification requirements of original location after this 99- six month day section 157 05 of the Unified period has expired. However, a new outdoor Development Code. mobile vendor application wallhaveto shall be reviewed and approved by the Planning Division for a every new location. All temporary permits shall expire a maximum of six months from the date findings have been Fnet: issued and the mobile vending unit shall be removed from the property. (1) A temporary permit for an outdoor to eaFb' mobile vendor business in a single g netde#ffimenta' r. YiF^^t location may be approved and issued properties, will notadyeFsely "�- administratively by the Planning neaFby Division after making the following determinations: (a) All of the requirements of 178.04(D) F.. ....t^^a^.� rind_ef PFeseRGear anme at one )deRded peFied o' eR will net Weate have been met an F advantage eveF ,„;1 r (b) The applicant has established that ^ a ^ram., n ^nt businesses. aFb '"'rManent businesses. the operation of the outdoor mobile (2) All of the requirements of 178.04(D) vendor Rei=detfimental te---nearby have been met. .....,.+In.. .,dll nott ., rl...-. r....l.. ^Ff^^t n^^re•• �'^^cam will foster an (3) In granting the --varaaace an annual Permit, the Planning Commission may aesthetically appealing streetscape require appropriate conditions and and will not create or worsen a safeguards, including semi -permanent dangerous traffic condition or permanent improvements to the (c) The outdoor mobile vendor property to secure the substantial objectives of the ordinance, such as; business shall not match or restroom facilities or shared use duplicate the primary food or agreements, landscaping improve - beverage offerings sold by ments, parking lot improvements, permanent businesses located sidewalk improvements, etc. upon property immediately adjacent to and on the same side of the street as the proposed CD178:1 TITLE XV UNIFIED DEVELOPM6W CF]DE (4) Annual permits shall expire on December 31st' A new permit request shall be submitted to the Planning Commission for each subsequent year that an outdoor mobile vendor wishes to locate on the same property. (5) The applicant has established that the operation of the outdoor mobile vendor will foster an aesthetically appealing streetscape and will not create or worsen a dangerous traffic condition. (6) Outdoor mobile vendors seeking an annual permit shall provide a list of nearby similar businesses that includes the name, products sold or services rendered and the distance from the proposed mobile vendor location. (D) Permit Requirements. All outdoor mobile vendors located on private property shall meet the following requirements and submittals prior to approval: (1) Permit Application Fee. Each application for a permit to conduct an outdoor mobile vendor business shall be accompanied by a $60 $100 permit review and processing fee. Outdoor mobile vendor permits shall be issued to the property owner and the outdoor mobile vendor operator jointly. (2) Temporary and Annual Permit Application Requirements Application for a permit to conduct an outdoor mobile vendor business shall include the following items in a format acceptable to the Zoning and Development Administrator: (a) Name, address, contact information and signature of both the property owner and the outdoor 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. CD178:2 (d) Means A written description of the vehicle or structure to be used in conducting business and a list of nearby similar businesses that includes the name, products sold or services rendered and the distance from the proposed mobile vendor location. ias4uding (e) deGGFiPti9n illU&ating the type, PaFkmAg. (e) A detailed site plan drawn to scale showing the location of the property lines, each outdoor mobile vendor location, building setback lines, vehicle parking spaces, the sidewalk location and any proposed outdoor dining or sitting areas. (f) Written authorization, signed by the property owner or legal representative of record, stating that the business outdoor mobile vendor is permitted to operate on the subject property for a specified period of time. (3) The permit issued shall not be transferable in any manner. (4) The permit is valid `eF ene FRebile shall be conspicuously displayed at all times during the operation of the outdoor mobile vending business. (5) The proposed use must be a permitted use -by -right within the underlying zoning district. ' (6) Outdoor mobile vendors be in shall maintain compliance with parking lot requirements for any the existing business and the proposed outdoor mobile vendor business. The number of required parking spaces is determined by the use and size of the proposed tFaasient FReFG outdoor mobile vendor business and by the use and size of the existing business The property where TITLE XV UNIFIED DEVELOPMENT CODE the outdoor mobile vendor is located shah should be paved and in order to be utilized. The use of parking for an outdoor mobile vendor may not reduce the number of spaces necessary below the minimum required for other uses occurring on the property. AA the existing bussinessss nfi the eutdeer The location of the outdoor mobile vendor shall not impede traffic flow or create a dangerous traffic condition, as determined by Planning Division upon review of the site plan (7) Outdoor mobile vendors shall comply with the Federal Americans with Disability Act (ADA) requirements if the public has access to the interior of any mobile vending unit. (8) The outdoor mobile vendor business shall not match or duplicate the primary food or beverage offerings sold by permanent businesses located upon property immediately adjacent to and on the same side of the street as the proposed outdoor mobile vendor, unless the outdoor mobile vendor predates the aforementioned permanent businesses. (F) Exemptions. The provisions of the 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 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 5 consecutive days. (8) Non-profit organizations that prepare and donate or give away food for free. (F) Prohibited Conduct. The following conduct is prohibited for outdoor mobile vendors: CD178:3 (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. (7) 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. (8) Use or display any signage that is not in compliance with the Unified Development Code Chapter 174: Signs. (G) 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 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 TITLE XV UNIFIED DEVELOPMENT CODE 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; (5) Failure of the property owner to implement Improvements required by the Planning Commission as conditions of an annual permit approval. (H) 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 of his/her right to appeal. Such notice shall be personally delivered, posted upon the outdoor mobile vendors' premises or mailed to both the address of the property owner and the address of the outdoor mobile vendor shown on the permit holder's application by certified mail, return receipt requested. An eNteFia established heFein chap of Felffieve the'�gQ�iC- -f-}�-�F9+i-3--R�p 4f e +a feiat..pte tfarr:eat FAeFGhants. "—�eRt fiief-chant" m ans any peFsas, fiFm,-GeFpeF$6o6 In the state, $itheF in a (4) leeality win--.rthe r_t.��tate, A&ng fr.r ante- r-r.relli A@ @9eds. w a Fes. w Frh and se, 9F sewie es (Ord. 5185, 10-7-08) CD178:4 McCoy, Dee From: Feltner Brothers <feltnerbrothers@gmail.com> Sent: Tuesday, March 18, 2014 1:05 PM To: City -Clerk Subject: Thoughts on Food Truck Vote Council, First off, on behalf of myself and Feltner Brothers, I would like to thank you for your hard work and dedication to improving the mobile vending regulations in Fayetteville. I have had the chance to attend several of the meetings but unfortunately will not be able to make it tonight. Overall, I agree with the proposed changes. If I could make one last comment, I would ask that the time period for a food truck at any one location be a maximum of five hours. This would allow one hour for set up, three hours for vending, and one hour for break down. Vendors have a lot invested into their operations. They've got their dreams, time, money, heart and soul. I think we'd all agree that we'd hate to see even one fail because they just didn't have enough time to sell, sell, sell. That's what this business is all about. You can't be shelling out a lot of cash in labor and fuel and spending all your time moving instead of selling. It just wouldn't be worth it. Every time that window opens on a truck or trailer, the vendors have to make it count, and they need time to do that. In my opinion, four hours just isn't enough. And if they can't do it in five, well, they need to go back to the drawing board. Not only that, I have experienced from being in the brick and mortar business for close to five years now that lunch and dinner runs last about three hours apiece... I l am to 2pm for lunch and 5pm to 8pm for dinner. A five, hour limit would allow you to be in one place for lunch and another for dinner with an ample amount of time to do well at both locations. Thank you for your consideration. I trust the right decisions will be made, and the mobile vending scene in Fayetteville will be the leader in Northwest Arkansas. Travis Feltner Feltner Brothers 2768 N. College Ave. 935-4545 NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE MEWSPAPEJL%0 THE MORNING NEWS OF ROGERS TIMES NORTHWEST ARKAILY LLC BENTON COUNTY DAILY RECORD R 212 NORTHEAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 l P.O. BOX 1607, 72702 1 479-442.1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville - Ord. 5666 Was inserted in the Regular Editions on: March 27, 2014 Publication Charges: $84.31 �� 0- Cc Karen Caler Subscribed and sworn to before me This day of rYV-A,_ , 2014 V v Notary Public My Commission Expires: CATHY WILES Arkansas • of .u' -,ounty Notary Public - Comm# 12397118 My Commission Expires Feb 20. 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. CITY OF FFf1YME JIIJq IF CITY CLERKS OFFCE