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HomeMy WebLinkAbout05946 ORDINANCE NO. 5946 AN ORDINANCE AMENDING SECTION 85 OF CHAPTER 10 OF TITLE IX OF THE 1971 CODE OF ORDINANCES RELAT- ING TO MOBILE FOOD UNITS TO INCLUDE VENDING PUSHCARTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate material being deleted, underscoring indicates material being added) SECTION 1. Section 85 of Chapter 10 of Title IX, Licenses And Permits, of the 1971 Code of Ordinances is hereby amended to read as follows: 9-10-85: [MOBILE FOOD UNITS,]VENDING PUSHCART PERMITS, REQUIRE- MENTS, PENALTIES (a) It shall be unlawful and a municipal offense for any person to operate a [mobile food unit or] vending 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 any person to whom a permit has been issued pursuant to this section to violate any term or condition of such permit, or to violate any permit regulation set forth in this section. (b) 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 ($50.00) for a new permit for each [mobile food unit or] vending pushcan or for the renewal of an existing permit and shall include the following information: (1) Name, address and telephone number of the applicant. (2) Certificate of insurance meeting the requirements of sections 9-10- s5(c)(7) and (s). (3) Description of the type of food, food products~ [or] beverages, or merchandise to be sold. (4) A description of the [mobile food unit or] vending pushcart to be licensed. (5) If food or food products are to be sold, a [C]certi~cate issued by the appropriate health department that the [mobile food unit or] vending pushcart conforms with all applicable laws and regulations. (6) The location or route for which application for a permit is made and the days and hours of operation. (c) A person having a valid permit issued pursuant to this section may display and sell food, food products, beverages, or merchandise on or from the licensed vending pushcart. All permits issued pursuant to this section shall be affixed in a conspicuous place on the licensed vending pushcart and shallbe subject to the following regulations which must be observed by the permittee: (1) The permittee shall not operate or locate a [mobile food unit or] vending pushcart within any zone district other than a regional business zone district (B-4) or a historic business zone district (H.B.). (2) No [mobile food unit or] vending 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 or vehicular traffic. (3) A vending pushcart may occupy an area no more than thirty-two (32) square feet and may not exceed four (4) feet in width, excluding wheels, eight (8) feet in length, including any handle, and six (6) feet in height, excluding a canopy or umbrella. [(3)] (4) The permittee shall pick up any paper, cardboard, container, wrapper or any similar litter which is deposited by the permittee or any customer of the permittee and carry a suitable container for the placement of such litter by customers or other persons. [(4)] (5) The permittee shall not sell to any person who is standing in a street, highway or roadway. [(5)] (6) The permittee shall maintain the [mobile food unit or] vending pushcart in a clean and safe condition and the [mobile food unit or] vending 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. [(6)] (7) 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. -2- [(7)] (8) The permittee shall continuously maintain in force comprehensive general liability insurance, including contractual coverage, for bodily injury, including death, and property damage, in a combined single limit of not less than $600,000. [(8)] C9-) 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 including without limitation the maintenance or operation of a [mobile food unit or] vending pushcart. [(9)] (10) A permit issued pursuant to this section is valid only for the licensed vending pushcart and the permittee and is not transferrable in any manner. [( 10)] (11 ) A permit issued pursuant to this section shall expire on December 3 1 of the year in which the permit is issued and may be revoked at any time without cause. [(11)] (12) A permit issued under this section shall contain the following: (i) The name, address and telephone number of the permittee. (ii) A description of the licensed vending pushcart and the type of food, food products, beverages, or merchandise to be sold. [(ii)] (iii) The period of time for which the permit is issued. [(iii)] (iv) The location and hours of operation, and [(iv)] (v) A statement that the permit is subjectto the provisions of this section. [(12)] (13) 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. -3- INTRODUCED: FEBRUkR.Y 27 ,1995 By JOHN CALIFANO Councilperson ATTESTZ ~/f/~d ~~,'~-'~d'~ Ci~y~'C 1 e~rk/tt7 ~' ' President of the City Council J:\CITYXZONINGXP-~VOPRMT~USHCRTS\PUSHCRTS.WPD -4 -