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HomeMy WebLinkAbout05879ORDINANCE NO. 5 8 7 9 AN ORDINANCE AMENDING CHAPTER 10 OF TITLE IX OF THE 1971 CODE OF ORDINANCES RELATING TO LICENSES AND PERMITS ADDING A NEW SECTION 85 REGULATING AND LICENSING MOBILE FOOD UNIT OR PUSHCART VENDORS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate material being deleted, underscoring indicates material being added) SECTION 1 Chapter 10 of Title IX, Licenses And Permits, of the 1971 Code of Ordinances is hereby amended by the addition of the following section 85: 9- 10 -85: MOBILE FOOD UNITS. PERMITS, REQUIREMENTS, PENALTIES (a) It shall be unlawful and a municipal offense for any person to operate a mobile food unit or pushcart on any street, sidewalk or other public place within the City of Pueblo unless such person obtains a permit for such activities in compliance with this section, and it shall be unlawful and a municipal offense for anv person to whom a 1ermit has been issued pursuant to this section to violate any term or condition of such permit, or to violate my permit regulation set forth in this section. An application for a permit under this section shall be submitted to the City Licensing Officer. The application shall be accompanied by a non - refundable application fee of fifty dollars X50.001 for a new permit for each mobile food unit or pushcart or for the renewal of an existing_ permit and shall include the following information: W Name. address and telephone number of the applicant. a) Certificate of insurance meeting the requirements of sections 9-10 - 85(c)(7) and (8). W Description of the type of food. food products or beverages to be sold. ,(Q A description of the mobile food unit or pushcart to be licensed. (D Certificate issued by the appropriate health department that the mobile food unit or pushcart conforms with all applicable laws and regulations. (o The location or route for which application for a permit is made and the days and hours of operation. (cj All permits issued pursuant to this section shall be subject to the following regulations which must be observed by the permittee: W The permittee shall not operate or locate a mobile food unit or pushcart within any zone district other than a regional business zone district W-44� or a historic business zone district (H.B.). X2,2 No mobile food unit or pushcart shall be operated or located on any street, alley _or other public places other than sidewalks and shall not be operated or located in such a manner as to obstruct pedestrian tr M The permittee shall pick up any purer, cardboard, container, wrapper or any similar litter which is deposited by the permittee or and customer of the permittee and carry a suitable container for the placement of such litter by customers or other persons. W The permittee shall not sell to any person who is standing in a street, highway or roadway, M The permittee shall maintain the mobile food unit or pushcart in a clean and safe condition and the mobile food unit or pushcart shall meet and comply with all applicable provisions of the fire, building and health codes, laws and regulations of the City and State of Colorado. 0) The permittee shall not conduct the activities for which a permit is issued under this section between the hours of 12:00 midnight and 6:00 a.m. (D The permittee shall continuously maintain in force comprehensive general liability insurance, including contractual coverage, for bodily injury, including_ death, and pronert damage, in a combined single limit of not less than $ 600,000. W As a part of and condition for the issuance of a permit, the permittee shall release, indemnify, defend, and save harmless from and against any and all claims, actions, causes of action, demands, penalties, judgments, costs and expenses including reasonable attorney -fees, resulting in any manner from or arising,_ directly or indirectly, out of the exercise of any right or privilege granted by the permit -2- including without limitation the maintenance or operation of a mobile food unit or pushcart. M A permit issued pursuant to this section is valid only for the permittee and is not transferrable in any manner. 10 A permit issued pursuant to this section shall expire on December 31 of the year in which the permit is issued and may be revoked at any time without cause. 11 A permit issued under this section shall contain the following_ The name, address and telephone number of the permittee. ii The period of time for which the permit is issued. iii The location and hours of operation, and iv A statement that the permit is subj ect to the provisions of this section. 12 Any person, firm or corporation, or any officer or director thereof, employing any employee shall be liable for the violation of any provision of this section by the employee. SECTION 2 This Ordinance shall become effective upon final passage. ATTEST: City Clerk INTRODUCED: June 13 , 1994 By PATRICK A`TALOS Councilperson APPROVED: PXsiaenf of the City Council -3-