Portola Municipal Code Ch. 17.50 Open Air Vending

The purpose of this chapter is to regulate open air vending facilities selling, vending, supplying, or providing any goods, wares, merchandise, produce, prepared food, fresh cut flowers or plants, crafts, or any other item determined by the city manager or his or her designee to be consistent with this type of use, from an open air vending facility. Uses are similar to a farmer's market, a produce stand, a food truck, or a craft show. The following regulations shall apply to the operation of open air vending where allowed, following issuance of an administrative permit.

(Ord. No. 352, § 1, 11-28-2018)

"Open air vending" means selling, vending, supplying, or providing any goods, wares, merchandise, produce, prepared food, fresh cut flowers or plants, crafts or any other items determined by the city managers or his or her designee to be consistent with this type of use, from an open air vending facility.

"Open air vending facility" means a location where one or more stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation, can operate for open air vending.

"Open air vendor" means open air vending from a stand, cart, pushcart, vehicle, truck, trailer, wagon, bicycle, or structure on wheels, of any type, or similar structure not firmly fixed to a permanent foundation.

(Ord. No. 352, § 1, 11-28-2018)

A. Open air vending facilities located within enclosed retail buildings.

B. Open air vending facilities operating in conjunction with special events in accordance with Chapter 9.33, Special Events.

(Ord. No. 352, § 1, 11-28-2018)

A. Open air vending facilities may be permitted in commercial or industrial zoning districts, subject to the approval of an administrative permit by the city manager or his or her designee.

B. A business license must be obtained in accordance with the provisions of Chapter 5, Business Licenses and Regulations.

C. Except as permitted as a special event in accordance with Chapter 9.33, Special Events, open air vending facilities shall not be located within the public right-of-way.

D. The administrative permit is valid for one year.

(Ord. No. 352, § 1, 11-28-2018)

A. Open air vendors may be permitted within an open air vending facility, subject to the approval of an administrative permit by the city manager or his or her designee.

B. A business license must be obtained in accordance with the provisions of Chapter 5, Business Licenses and Regulations.

C. Except as permitted as a special event in accordance with Chapter 9.33, Special Events, open air vendors shall not be located within the public right-of-way.

D. The administrative permit is valid for one year.

(Ord. No. 352, § 1, 11-28-2018)

A. Location.

1. An open air vending facility may be located on improved or unimproved private property;

2. If operated as an accessory use, open air vending shall not occupy more than ten percent of the property's existing parking area, or more than four hundred square feet, whichever is less, and will not obstruct any parking space for any concurrent use required by this code or any permit issued pursuant to this code. The vending area shall be identified in the application;

3. The facility shall not be within two hundred feet of another open air vending facility;

4. The facility shall not be within fifteen feet of any fire hydrant;

5. At an intersection, the facility shall be located outside of the clear vision triangle; and

6. The facility shall be located on a generally level portion of the site and an adequate breaking system be provided for, as necessary.

B. Operation.

1. A representative of the facility and/or vendor shall attend the facility and/or vendor during operating hours.

2. Hours of operation shall not commence earlier than seven a.m. or continue later than ten p.m.

3. The vendor shall not connect to any temporary or permanent on-site water, gas, electricity, telephone or cable sources.

4. The facility and/or vendor shall include trash receptacle(s) and such receptacles shall be maintained, by the vendor, so as not to create an offending odor or visual nuisance.

5. The facility, as designed and at the location requested, will not create a potentially adverse impact on pedestrian, motorist, vehicle or bicycle safety or impede traffic circulation.

6. The facility and/or vendor shall not reflect undesirable light and glare from the designated premises.

7. The facility and/or vendor shall not use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound in connection with the promotion of the facility and/or vendor.

8. The facility and/or vendor shall be maintained so as not to create an offending odor or visual nuisance or to create a public or private nuisance of any type.

9. No vendor within the facility shall be greater than ten feet in height.

10. Sale of product shall be from the approved vendor and not from additional accessory stands, tables, chairs, or any other devices other than those indicated on the approved application.

11. Storage and handling of food shall comply with all applicable county and state requirements.

12. The vendor shall display in a manner legible visible to its clientele:

a. The name and telephone number of the vendor;

b. The business license issued by the city for operation of the vendor and/or facility; and

c. The health permit issued by the county health officer, if any is required, for operation of the vendor.

13. The facility and/or vendor shall be kept in a good state of repair.

14. The vendor shall maintain a written agreement, with a copy provided to the city, giving the vendor and his/her agents the right to use permanent sanitary facilities located no more than three hundred feet from the vending facility.

15. The facility and/or vendor shall not be used to sell any merchandise to any person who is in a motor vehicle within a travel lane at the time of a sale.

16. Operation of the facility and/or vendor shall adhere to all applicable city and/or county health standards and requirements.

C. Signs.

1. No freestanding signs are allowed to be used or displayed in connection with the operation of any open air vending facility.

2. A maximum of three signs or thirty-six square feet, whichever is less, of signage is permitted for each vendor.

3. Signs shall be mounted or attached to the vendor. The dimensions of mounted or attached signs shall be including in measuring the area of coverage and the height of the vendor.

4. No sign shall revolve, rotate, move or create the illusion of movement, rotation or revolution or have any visible moving, revolving or rotating surface parts.

5. No sign shall be illuminated directly or indirectly; but this restriction does not preclude the incidental illumination of such signs by service lighting needed in the conduct of nighttime operations.

6. No sign shall emit or broadcast any sound, outcry or noise.

7. Except as specifically set forth in this chapter, signs shall comply with other applicable city ordinances.

(Ord. No. 352, § 1, 11-28-2018)

The city manager shall prescribe the forms and documents to be filed for an application for an open air facility and open air vendor. The forms and documents shall be filed with the city manager and accompanied by the following, as applicable:

A. A description of the property and site where the facility will operate, which may include a map drawn to scale showing lot lines and dimensions, ingress and egress points, improved areas, grading plans, parking and traffic control locations. In addition, a description and location of the facility, its signs and equipment, such as tables, chairs, etc., on the property may also be required;

B. A business license application and fee as specified in the current city council fee resolution;

C. Written authorization of the owner of the property, or his/her designated representative, where the facility will operate agreeing to the placement and operation of the facility, if applicable;

D. A written statement describing the nature of business and hours of operation to be conducted at the facility;

E. Such other information as the city administrator deems necessary to process the application.

(Ord. No. 352, § 1, 11-28-2018)

The approval or conditional approval of an administrative permit for an open air facility or open air vendor shall be based on a finding by the city manager or his or her designee that the establishment, maintenance, or operation of the use and facility will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood, or to the general welfare of the city.

(Ord. No. 352, § 1, 11-28-2018)

The approved permit shall be prominently displayed at all times at the approved location.

(Ord. No. 352, § 1, 11-28-2018)