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HomeMy WebLinkAbout5140 d ORDINANCE NO. � AN ORDINANCE of the City Council of the City of Bremerton, Washmgton, regardmg regulatory licenses repealing Chapter 5 04 of the Bremerton Murucipal Code relating to Commercial Pet Facilities, Groommg Parlors and Ammal Welfare Facilrties and further repeahng and replacing m its entirety Chapter 5 20 of the Bremerton Mumcipal Code with a new chapter relatmg to Street Vendors WHEREAS, the City does not currently regulate, or believe there is a need to regulate, Commercial Pet Facilrties, Groommg Parlors and Ammal Welfare Facilrties, therefore the City Council desires to repeal m its entirety Chapter 5 04 of the Bremerton Mumcipal Code relating to these facilities, and WHEREAS, the City Council desires to update the provisions of the Bremerton Mumcipal Code relatmg to Street Vendors by repealmg and replacmg m rts entirety Chapter 5 20 with a new chapter, Chapter 5 08, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 5 04 of the Bremerton Mumcipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Ammal Welfare Facilities" is hereby repealed m rts entirety SECTION 2. Subsection 7 08 030(a) of the Bremerton Mumcipal Code entitled "Commercial Pet Facilrties, Groommg Parlors and Animal Welfare Facilrties" is hereby amended to read as follows (a) License Required Commercial pet facilities, groommg parlors, and animal welfare facilities shall be licensed pursuant to Chapters 3 O1, �3-and 3-A4- 5 02 BMC SECTION 3. Chapter 5 20 of the Bremerton Mumcipal Code entitled "Street/Sidewalk Vendors" is hereby repealed and replaced m its entirety with a new chapter, Chapter 5 08 entitled "Street Vendors", to read as follows Chapter 5.08 STREET VENDORS 5.08.010 LICENSE REQUIRED. It is unlawful for any person to engage m street vendmg m the City without first obtammg a regulatory license m addition to a business license 5.08.020 DEFINITIONS. (a) "Director" shall mean the Financial Services Director or designee. (b) "Street vendmg" shall mean one who sells food, nonalcoholic beverages, flowers, plants, or other merchandise to the public from any stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place (c) "Street vendmg site" shall mean the location of the street vendmg umt 1 Regulatory Licenses — Street Vendors & Pet Facilities (d) "Street vending urut" shall mean the cart, tables and other equipment used m con�unction wrth a street vending srte 5.08.030 LICENSE APPLICATION. In order to obta.m a regulatory license for street vendmg, an applicant must submit, in addition to the mformation required m BMC 5 03 O50 for a regulatory license, the following (a) A copy of the street vendor's regulatory license application and appropnate fee as set forth in Chapter 3 Ol BMC (b) Submrt the name and home and busmess addresses of the applicant, and the name and address of the owner, if other than the applicant, of the vendmg busmess or street vending urut to be used m the operation of the vending busmess (c) A copy of the current Crty busmess license or a copy of the business license application and appropnate fee (d) Submrt wntten approval for the vendmg by the abuttmg property owner The abutting property owner may revoke said approval upon written notice to the Director in wluch case the license shall be revoked pursuant to BMC 5 08 080 below (e) A descnption of the desired location and ad�acent busmesses and an accurate drawmg showmg the public area to be used, along wrth plans detailmg the design and size of the vending umt to be used (� A license or other wntten document from the Krtsap County Health Distnct grantmg approval for each food and/or beverage vendmg urut (g) A license or other wntten document from the Fire Department grantmg approval for vendors using flammable substances (h) Wntten approval from the Crty Parks and Recreation Department and/or Bremerton School District grantmg approval if the vendmg umt will be placed v�ntlun two hundred feet (200') of a public park, school and/or playground (i) A certificate of msurance nammg the Crty as an additional msured The mirumum liability coverage must be $500,000 00 combmed smgle limit bodily m�ury and property damage, mcludmg products liabilrty if food vendmg A certificate of msurance shall be provided to the Crty for review pnor to issuance of the license A street regulatory license for street vending is wholly of a temporary nature and vests no permanent nghts or mterest m property The Crty may re�ect an application and deny a license for health, safety, public welfare and other related reasons An application expires after thirty (30) days of filmg if the required information is not submitted to the Crty dunng the thirty (30) day penod The Director may grant an extension at his or her discretion 5.08.040 LOCATION REVIEW. Upon receipt of an applicahon for a hcense on c�ense renewal, the director shall review the location to determine if rt is suitable for vendmg In makmg tlus determmation, the director shall consider the following cntena (a) A sidewalk vendmg umt is limrted to one (1) assigned location. (b) No license shall be issued for a location within ten (10) feet of a dnveway, wheelchair ramp, bus stop sign, or crosswalk at any mtersection or any location which unreasonably interferes v�nth the public's or city's use of the nght-of-way The location of the vendmg unit shall not reduce or obstruct pedestrian passage on the sidewalk to less than five (5) feet to the nearest street trees, utilrty poles, traffic control signs and devices, parking meters, fire 2 Regu[atory Licenses — Street Vendors & Pet Faci[ities hydrants, buildmgs and other similar devices and structures Such width shall be measured after mcludmg the dimensions of the cart, and any support equipment or accessones placed ad�acent � to the cart dunng operation Furthermore, such placement shall be consistent wrth any applicable standards established by the Amencans with Disabilrties Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone (c) The license operatmg area for a street vending umt must be wrtlun a commercial or mdustnal zone as such is defined in the Bremerton Zorung Code A street vendmg umt shall not be licensed m areas where zomng on ad�acent pnvate property is classified as residential (d) No license for a vendor shall be issued for a proposed vendmg srte located wrthm one hundred (100) feet of an existmg vendor or retail store premise m wluch the license applicant's product is the pnmary product of the existmg vendor's site or retail store without the wntten consent of said licensed vendor or retail store This distance requirement shall not apply to applications for special events or festivals issued under a master use license issued pursuant to Chapter 5 36 BMC (e) If a proposed vendmg srte is located withm two hundred (200) feet of a park or public school, the vendor must present wntten consent of the Crty's Director of Parks and , Recreation or the school distnct, respectively, if a proposed vendmg site is located witlun two hundred (200) feet of a pnvate school, the vendor must present written consent of the admmistrator or manager of the private school This distance requirement shall not apply to applications for special events or festivals issued under a master use license issued pursuant to Chapter 5 36 BMC (� The use of vendmg devices must be compatible with and must not unreasonably mterfere wrth the public mterest m use of the public ways as public nghts-of-way (g) In the event that two (2) or more applications for the same location are received, the earliest application, if approved, shall be awarded the locahon 5.08.050 HEALTH AND SAFETY STANDARDS. (a) Vendors of food and beverages shall comply with all standazds established by the Krtsap County Health District (b) All sidewalk vendmg uruts in which food or beverage preparation occurs shall be mspected and approved by the City Fire Department to assure compliance of any cooking or heating apparatus with the followmg provisions (1) Deep fat, oil, or grease cooking processes employing heated liquid shall be protected by a fire extmguislung system approved by the Fire Department Processes involving heated fat, oil, grease, or liquids other than water shall be sluelded from the public (2) Processes requinng flammable gas, liquid, or solid fuels shall not be licensed, unless approved by the Fire Department LPG containers shall be limrted to no more than five (5) gallons' capacity, and no more than one (1) container per cart or vendor display (3) Storage of extra fuel is prolubited m the area of vending, or in any buildmgs, except as licensed by the Fire Department (4) Vendors usmg open-flame coolcmg where steaks, hamburgers, sausages, hot dogs, or other products producing grease-laden vapors are cooked shall not be stationed beneath the awmng or canopy of a buildmg Excephon may be made when evidence is presented satisfymg the Fire Department that no special threat is imposed to the buildmg or awnmg by virtue of vendor location (5) Pressure-cookmg appliances shall be prohibited 3 Regulatory Licenses — Street Vendors 8c Pet Facilities (6) A fire extinguisher is required m all vendmg carts usmg open-flame cookmg or cooking products producing grease-laden vapors 5.08.060 OPERATING CONDITIONS. Any person with a valid regulatory license issued pursuant to tlus chapter shall be sub�ect to the followmg condrtions (a) All vendors must display, m a prominent and visible manner, the hcense issued by the director under the provisions of this chapter (b) Food and beverages sold must be capable of immediate consumption (c) The height of the vendmg uYUt, excluding canopies, umbrellas, or transparent enclosures, which must be approved by the director, shall not exceed five (5) feet (d) The vendmg srte must be clean and orderly at all times, and the vendor must provide a refuse contamer for use by patrons (e) Solicrtmg or conductmg business wrth persons in motor vehicles is prohibrted (� No merchandise shall be displayed using street furruture (planters, street lights, trees, trash containers, etc ) or placed upon the sidewalk In addrtion, sales of inerchandise shall not be allowed from a vehicle No use of any automatic com-operated vendmg dispenser shall be allowed (g) Vendors shall not hinder use of any phone booth, mailbox, parkmg meter, fire alarm, fire hydrant (including automatic spnnklers or standpipe connections), newspaper vending maclune, waste receptacle, bench, transit stop, or traffic signal controllers (h) Vendors shall obey any lawful order from a police officer or Fire Department official durmg an emergency or to avoid congestion or obstruction of the sidewalk (i) No vendor shall make loud noises or use mecharucal audio or noise-makmg devices or hawk to advertise his or her product (k) No licensed sidewalk vendmg unrt shall be left unattended on a sidewalk, nor remain on the sidewalk between midmght and 6 00 a m (1) Utilrty service connections are not licensed, except electncal, when provided by the owner of the abuttmg property Electncal lines are not allowed overhead or lymg m the pedestnan portion of the sidewalk (m) Signs, banners and/or streamers may be attached to the vendmg urut for the purpose of advertising or identifymg the vendmg urut, sub�ect to approval of the abuttmg property owner (or representative or agent) and the director As determined by the director, such signs, banners, and/or streamers shall be srtuated so as to not unreasonably obstruct views of neighbonng property or create a public safety hazard Advertismg signs may be placed on the vendmg umt but are not licensed on the sidewalk or street area. (n) 'The footpnnt of vendmg srte is sub�ect to the area constramts of the vendmg site location but in no event shall a vending site footpnnt exceed 200 square feet A vendmg urut shall not exceed the vendmg srte footpnnt (o) A vinyl or canvas umbrella or tent may be included as part of the vendmg srte, but rts open coverage may not exceed the vendmg site footpnnt. Any part of the umbrella or tent must have a mirumum seven feet of vertical clearance to the sidewalk (p) Vendmg umts shall not be locked or chained to a parlcing meter, City street light post, tree, or other street fixture or furruture 4 Regulatory Licenses — Street Vendors & Pet Facilities 5.08.070 LICENSE - RENEWALS. Applications for renewal of a license may be filed for the same location, features of the cart and/or products (i e, from food to flowers) as onginally applied for A renewal not applied for pnor to the expiration of the existing license may not receive a renewal of the license A vendor requesting renewal of a license for a business that has changed or proposes to change location, features of the cart and/or products since the last application/renewal must follow the requirements for a new application There is no vested nght to a renewal of regulatory license for street vendmg The Crty may re�ect an application and deny a license for health, safety and other related reasons 5.08.080 LICENSE - ItEVOCATION. A regulatory license for street vending is wholly of a temporary nature and vests no permanent nghts or mterest m property The license may be revoked pursuant �to BMC 5 03 070 at any time for good cause by the City upon tlurty days' nohce or wrthout notice in case the use or occupation of the public place shall become dangerous or unsafe or upon failure to cure a notice of default If the revocation is due to circumstances beyond the vendor's control, then the license fee will be refunded on a prorated basis In addrtion, the regulatory license will ordinarily be revoked under the followmg conditions (a) The Krtsap County Health Distnct withdraws approval or cancels necessary licenses, (b) The vendor violates any portion of the Bremerton MuYUCipal Code, (c) The vendor misrepresents facts m the license application, (d) The Fire Department v�nthdraws approval or cancels necessary licenses, (e) The vendor's msurance m the amounts required by this chapter is not current and in force (� Upon the establishment of a retail store or a park or school as set forth m Section 5 08 040 (d) and (e) above unless the required consent is provided SECTION3. Severabilitv If any one or more sections, subsechons, or sentences of this ordmance are held to be unconstrtutional or invalid, such decision shall not affect the vandity of the remairung portion of tlus ordmance and the same shall remam m full force and effect SECTION 4. Effectrve Date Tlus ordinance shall take effect and be m force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the Crty Council the � day of , 2011 ��G�C/ � WILL MAUPIN, unci sident 5 Regulatory Licenses — Street Vendors & Pet Facilities Approved this � day of , 2011 PATTY , Mayor ATTEST APPROVED AS TO FORM r ��'/(/ CAROL GEN, City erk RO ER A LUBOVICH, City Att • PUBLISHED the � day of , 2011 EFFECTIVE the _- day of , 2011 ORDINANCE NO R \Legal�I,egal\Ordmances�Finance�RegulatoryL�censes\StreetVendors-PetFacil�t�es doc 6 Regulatory Licenses — Street Vendors & Pet Facilities AFFIDAVIT OF PUBLICATION Account #42742 AD #20109642 STATE OF WASHINGTON COUNTY OF KITSAP i I, Robin Alexander, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was , published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on February 7, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $41 56 This amount has not been paid in full C A L (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 4, 2011 , MQF� ZQ' 1'rAR �' • J►'% • Jul 201 z" • • • p Notary Public in and for the State of Washington, Kitsap County '�,,'�j►'•,� • • ••• WP g�,a ORDINANCE NO 5140 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 5 04 of the Bremerton Municipal Code relating to Commercial Pet Facilities, Grooming Parlors and Ammal Welfare Facilities and further repealing and replacing in its entirety Chapter 5 20 of the Bremerton Municipal Code with a new chapter relating to Street Vendors PASSED by the City Council on the 2nd day of February, 2011 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 February 7, 2011 Ad #20109642