Tuolumne County Municipal Code Ch. 5.10 Authorizing and Regulating

STREET VENDING ON PUBLIC RIGHT-OF-WAY

IN COLUMBIA STATE HISTORIC PARK

Sections:

5.10.010 Purpose.

5.10.020 Definitions.

5.10.303 Permit required.

5.10.040 Limited Number of Permits.

5.10.050 Permit - Application.

5.10.060 Permit - Review.

5.10.070 Permit - Issuance - Fees.

5.10.075 Permits - Initial Issuance.

5.10.080 Term.

5.10.090 Permit Non-Transferrable.

5.10.100 Limits of Authorization.

5.10.110 No Vested Right to Operate.

5.10.120 Revocation or Suspension of Permit.

5.10.130 Appeal.

5.10.140 Financial Responsibility.

5.10.150 Lapse of Use.

5.10.160 Reissuance of Permit. 5.10.170 Health Requirements. 5.10.180 Garbage. 5.10.190 Alcohol Consumption. 5.10.200 Historical Guidelines. 5.10.210 Compatibility.

hereby finds that it is in the interest of County of Tuolumne to permit Street Vending upon those public streets which lie within the street closure area of Columbia State Historic Park, and that it is necessary to regulate such activities in order to protect the health, safety, and welfare of the public and to protect the historic atmosphere of the Columbia State Historic Park. (Ord. 2215 § 2, 1997)

be defined as follows:

A. Columbia Street Vendor or Street Vendor. Any person operating or employed by a business which offers goods or services for sale upon the public road rights-of-way within the street closure area of Columbia State Park, except as such operation may be strictly incidental to the operation of a concession operated under the State Park Regulations. This definition specifically excludes musicians and other performing artists.

B. Vendor. Any person operating or employed by a business offering goods or services for sale. (Ord. 2215 § 2, 1997)

in this Chapter, it is unlawful for any vendor to engage in business, upon any public right-of-way within the street closure area of Columbia State Historic Park. Street Vending shall be permitted in the street closure areas of Columbia State Historic Park in strict accordance with the provisions of this ordinance by vendors holding active Columbia Street Vending Permits. (Ord. 2215 § 2, 1997)

number of permits in effect at any given time shall be limited to three in order to avoid congestion and interference with pedestrian and equestrian traffic in the right-of-way, to preserve clearance for emergency vehicles, and to protect the safety of other users of the right-of-way.
Each permit shall authorize operation of only one cart or site of operation at any given time. (Ord. 2215 § 2, 1997)

permit shall be made to the Director of Public Works of this County. The application shall include the name of the applicant, his/her address, his/her complete physical description and complete information regarding the goods, wares or merchandise which he/she intends to sell; the type of cart vehicle or other equipment used to conduct business; and the type of dress or costume proposed to be worn by the operator of the business. (Ord. 2215 § 2, 1997)

Advisory Council shall develop Columbia Street Vendor Guidelines for potential Columbia Street Vendors. Such Vendor Guidelines shall be approved by the Board of Supervisors before being implemented by the Director of Public Works. The Guidelines shall be sufficient to protect the historical nature of the Columbia State Park. The Guidelines shall cover such topics as mode of operation, historical portrayal, products to be sold and manner of dress by vendors. The Director of Public Works or his designee, will review each application to ensure it complies with the Columbia Street Vendor Guidelines. Any application which fails to meet the Columbia Street Vendor Guidelines will be rejected without issuing a permit. (Ord. 2215 § 2, 1997)

of Public Works may delay the issuance of a permit for such time as is reasonably needed to verify the contents of the application and to check compliance with the Columbia Street Vendor Guidelines. Upon issuance of the permit, the Director of Public Works shall collect a fee of Twenty-five Dollars ($25.00) for each calendar year, or portion thereof, for the length of term of the permit. (Ord. 2215 § 2, 1997)

period of 30 days after the passage of this ordinance and approval of the Columbia Street Vendor Guidelines, no permits shall be issued.
The Director of Public Works shall collect permit applications for disposition as set forth in this paragraph. The provisions of this paragraph shall only apply to the initial issuance of the Columbia Street Vendor’s Permits.

Two of the initial permits shall be reserved for those persons who have in the 180 days preceding the adoption of this ordinance operated as a Columbia Street Vendor as that term is defined herein. If more than two persons apply then the Director of Public Works shall hold a lottery for those two permits. These permit applications are subject to all of the provisions of this ordinance including compliance with Columbia Street Vendor Guidelines. If less than two people apply for these permits, the unused permits will be handled as in the following paragraph.

The remaining permit(s) shall be issued by lottery to those applications accumulated by the Director of Public Works during the 30-day moratorium. (Ord. 2242,§ 1, 1998; Ord. 2215 § 2, 1997)

Vending Permit shall be five years or for the remainder of the five-year term in progress.
(Ord. 2215 § 2, 1997)

be non-transferable unless the entire business is sold and is to remain the same in all particulars (the same carts, types of merchandise, etc.) A Statement of Transfer provided by the Director of Public Works shall be executed by both the transferor and the transferee and shall be submitted to the Director of Public Works within five business days of transfer. (Ord. 2215 § 2, 1997)

issued under this chapter shall allow the operation of any business except upon the right- of-way within the street closure area of Columbia State Park during the hours of street closure.
(Ord. 2215 § 2, 1997)

of a permit under this chapter shall not constitute a guarantee that the permittee may operate on any given day. The permittee shall therefore not be entitled to compensation for any anticipated income which it may fail to earn because of operations and activities conducted under any Special Event permit approved by the Board of Supervisors, or as a result of any other factor which may prevent the operation of business by the permittee. (Ord. 2215 § 2, 1997)

The Director of Public Works is authorized to revoke, or temporarily suspend, the permit of any person whenever the permittee has engaged in any unlawful business or activities, or failed to

5-10 comply with the Columbia Street Vendor Guidelines. (Ord. 2215 § 2, 1997)

any other affected person may, within fifteen (15) days of any decision by the Director of Public Works, appeal such decision to the Board of Supervisors. The Board of Supervisors will hold a hearing on the matter and shall affirm, modify or rescind such revocation or suspension.
The permittee, and if applicable the appellant, shall be given five days written notice of such hearing and may appear and present evidence in his/her own behalf. The action of the Board of Supervisors shall be final. (Ord. 2215 § 2, 1997)

shall provide proof of financial responsibility in the form of a Certificate of Liability Insurance in amounts required by the County Risk Manager.
The Permittee shall include the County of Tuolumne, its officers, agents, employees and volunteers as additionally insured. (Ord. 2215 § 2, 1997)

a permit under this chapter who for a period of 180 consecutive days does not operate a Columbia Street Vending business shall forfeit his permit automatically of the 181st day. Upon proof sufficient to satisfy the Director of Public Works, the former permit shall be revoked and the remaining term reissued. (Ord. 2215 § 2, 1997)

holding a valid Columbia Street Vendor’s permit may apply for its reissuance 120 days prior to its expiration. Up until the time the permit expires, the permit holder is entitled to preference in having the permit reissued so long as the permittee has complied with this ordinance and the vendor guidelines. After a permit has expired, or otherwise been revoked, permits shall be issued on a first come, first served basis.
(Ord. 2215 § 2, 1997)

shall comply with all applicable state and local health regulations and, when required, shall possess a valid Food Facility Permit. (Ord. 2215 § 2, 1997)

shall dispose of all garbage generated by their operation in appropriate locations other than park-provided dumpsters and containers. This shall not apply to waste carried away by customers in the normal course of business operations. (Ord. 2215 § 2, 1997)

consumption of alcohol by Permittees at work stations shall be prohibited. (Ord. 2215 § 2, 1997)

Vendors operating under this chapter shall make every effort to preserve and enhance the historical atmosphere of Columbia (Circa 1850 to 1870) and shall comply with the following standards and other appropriate standards as contained in the Columbia Street Vendor Guidelines:

a. Columbia Street Vendors shall dress in costume appropriate to the period and to the business being conducted.

b. Carts, vehicles and other equipment used to conduct business shall be compatible with mid-nineteenth century design, i.e., wood construction body and wheels with iron-tires.

c. Products, packaging and all incidental materials shall be reasonably consistent with the historical theme and shall be constructed of historically available materials.

d. No motor vehicles, electric or motorized equipment, electric lighting, or other equipment inconsistent with the historical character of the area shall be permitted unless its presence and usage can be made totally undetectable to observers.

e. Columbia Street Vendors shall make an effort to behave in a manner reasonably consistent with the historical atmosphere. (Ord. 2215 § 2, 1997)

businesses shall operate in a manner which creates minimal friction with other activities in the park, and shall comply with the following:

a. Carts and other vehicular or stationary equipment shall not be placed in the center of intersections and shall be along the edge of the traveled way of roadways to allow access for emergency and service vehicles.

b. Activities permitted under a Special Events Permit shall take precedence over

5-11 permittee operations, and permittee shall not operate in any location or in any manner which interferes with such permitted uses. No prior notice to the Permittee shall be required.

c. Permittee shall not interfere with the operation of Columbia State Historical Park, its personnel or concessionaires. (Ord. 2215 § 2, 1997)