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HomeMy WebLinkAbout05186 r / /6 (?-& 4, ORDINANCE NO 5186 AN ORDINANCE RELATING TO THE REGULATION OF VENDING ON PUBLIC RIGHTS OF WAY AND AMENDING SECTION 9 -10 -83 OF THE 1971 CODE OF ORDINANCES AND IMPOSING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that (Brackets indicate material being deleted, underscoring indicates material being added ) SECTION 1 Section 9 -10 -83 of Title IX of the 1971 Code of Ordinances of the City of Pueblo, Colorado, as amended, is hereby amended to read as follows "[9 -10 -83 STREET SALES PROHIBITED, EXCEPTIONS It shall be unlawful for any person to place or assist in placing or cause to be placed upon any street, alley or sidewalk any stand, box, wagon, cart or other vehicle or thing of any kind or description for the purpose of selling or distributing there- from any fruit, goods, wares, merchandise or any other article of any kind or description, without the consent of the City Council or an authorized City Official being first had and obtained and no consent shall authorize the obstruction of more than one -half the width of any street ] 9 -10 -83 STREET AND SIDEWALK SALES (a) It shall be unlawful and a municipal offense for any person to sell or purchase, or offer to sell or purchase, or dis- play for sale or purchase any food, fruit, goods, wares, merchandise, personal services or any other article of any kind or description upon any street, alley, sidewalk or other public right of way without having first obtained a permit therefore in accordance with this section (b) Application for a permit to conduct such a sale shall be made to the City License Officer not later than 10 days prior to the commencement of any such sale or display An application for a permit shall be made on forms supplied by the City License Officer and shall contain (1) The applicant's name, address and phone number, and (2) The location of the sale or display, and (3) A general description of the articles to be sold, and (4) The date or dates on which the sale or display will be conducted, and (5) A nonrefundable application fee in such amount as the Council may from time to time establish by Resolution (c)The City License Officer may issue the permit to conduct such a sale or display if and only if he finds that (1) The application is complete and any application fee paid, and (2) The proposed sale or display location is zoned for business and the particular type of sale or display con- templated, and (3) The applicant is in compliance_with the requirements of subsection (d) of this section and all City sales and use tax ordinances and regulations, and -2- (4) The proposed sale or display will not obstruct or interfere with the free, safe and orderly movement of vehicular and •edestrian traffic, and will not hinder or impede access required for emergency vehicles or buses (d) Any sale or display conducted pursuant to a permit issued under this section shall comply with the following re- quirements (1) An applicant or related person may conduct not more than 2 such sales or displays each calendar year As used herein, the term "related person" means any individual, partnership, firm, association, corporation or other legal entity or any agent or servant thereof, which has any pecuniary interest whatsoever in the business of applicant or in the sale or display or in the goods, stock or articles of any Berson to whom a •ermit has been issued under this section (2) Such sale or display may occur only during the hours between 8 00 a m and 8 00 p m During any hours of darkness, the applicant shall provide sufficient illumination so as to prevent any safety hazard to persons and property 3) No sale shall continue for a .eriod longer than two consecutive days (4) During the conduct of such sale, applicants shall have in effect General Public Liability and Property Damage Insurance issued to and covering the liability of the ap- plicant with respect to all matters done or performed by him in the public right of way, to be written on a comprehensive policy form This insurance shall be written in amounts not less than $500,000 for each occurrence and aggregate for -3- personal injury including death and bodily injury and $500,000 for each occurrence and aggregate for property damage The policy of insurance shall name the City of Pueblo, its agents, officers and employees as additional insureds (e) It shall be unlawful and a municipal offense for any person to violate, or attempt to violate, any provision of this section " SECTION 2 This Ordinance will become effective immediately upon final passage and approval INTRODUCED October 9 , 1984 BY DOUGLAS L RING Councilman APPROVED 2 7 4 1,7/5 "‘ S President of the City Council ATTEST 4 1/ // { ''" - ityCer '