Building and Development Services Division Memorandum June 9, 2014

Transcription

1 Building and Development Services Division Memorandum June 9, 2014 TO: Janesville City Council FROM: Gale S. Price, AICP, Building and Development Services Manager SUBJECT: Second reading and public hearing on a proposed ordinance amending Chapter 5, Chapter 12 and Chapter 18 of the Janesville Municipal Code to expand the use of non-motorized vendor carts and to permit motorized vendor trucks within the City of Janesville (Revised File Ordinance No ). Summary Over the past several years, food vending within the right of way has been popularized in urban communities. Through this trend, citizens have been requesting that the City of Janesville consider modification of ordinances to allow for this activity. The attached draft ordinances intend to address public requests and to allow these types of operations within the City of Janesville. Plan Commission Recommendation The Plan Commission unanimously recommends, following the public hearing, that the City Council support a motion to approve Plan Commission Recommended Revised Ordinance No amending Chapter 5, Chapter 12 and Chapter 18 of the Janesville Municipal Code to expand the use of non-motorized vendor carts and to permit motorized vendor trucks within the City of Janesville. Staff Recommendation The Building and Development Services Division recommends, following the public hearing, that the City Council support a motion to approve Staff Recommended Revised Ordinance No amending Chapter 5, Chapter 12 and Chapter 18 of the Janesville Municipal Code to expand the use of non-motorized vendor carts and to permit motorized vendor trucks within the City of Janesville. City Manager Recommendation Concur with staff recommendation. Suggested Motion A motion to adopt Staff Recommended Revised Ordinance No , amending Chapter 5, Chapter 12 and Chapter 18 of the Janesville Municipal Code to expand the use of non-motorized vendor carts and to permit motorized vendor trucks within the city of Janesville. 1

2 Request The Building and Development Services Division has drafted a series of amendments to Chapter 5, Business Licenses, Chapter 12, Streets and Sidewalks and Chapter 18, Zoning to modify existing regulations regarding non-motorized vendor carts and to create regulations which would allow motorized vendor trucks on both public and private property. The request was initially reviewed by the Plan Commission on May 19, 2014 and after modifications were made to the proposal the Plan Commission reviewed the revised ordinance at their June 2, 2014 meeting. The proposed draft ordinances have been created with direction provided through public input from citizens resulting from a Public Information and Input Meeting held on March 18, 2014 and comments and concerns raised during the Plan Commission meeting and public hearings held on May 19, 2014 and June 2, Public comments were also received through social media. As of this time, non-motorized vendor carts are permitted on a very limited basis and motorized vendor trucks are not permitted. These ordinance amendments have been drafted at the request of numerous citizens who are interested in allowing this type of activity within the community and by persons interested in operating such businesses. While addressing these portions of the ordinance, staff has also included a provision to allow one-time tent sales within private parking lots for non-seasonal merchandise, as staff receives numerous requests to allow such activities at least once a year. Analysis A. In 2005, the City approved an ordinance to allow non-motorized vendor carts to operate within the right-of-way. The original vendor cart ordinance was written to address a request to allow bicycle vending within the community, although it was written broadly enough to allow push vending carts. The current ordinance is quite restrictive with regards to the type of products that can be sold. The proposed amendments would allow a significant expansion of products to be sold, where they can be sold and would also allow motorized vendor trucks. B. With regards to non-motorized vending carts, the Staff recommended revised ordinance modifies some of the existing provisions and creates new provisions to expand the activity. Generally, the proposed ordinance establishes the following regulations: 1. Requires the issuance of a cart license by the City Clerk. This provision has not changed. 2. The initial and renewal fees for a vending cart license are proposed to be $100 (increased from $50). 3. Expands the allowable products from frozen confectionaries to include water, soda, shaved ice, and other hot or prepared food. Hot or other prepared food is limited to areas zoned commercial or industrial. 4. Allows operation within residential areas from 8 a.m. until dusk and areas zoned B5 and B6 (generally downtown) until 3 a.m. 2

3 5. Vending carts may not operate on a public sidewalk unless within B5 or B6 zoned areas and must allow for a minimum five foot wide pedestrian path on the sidewalk. 6. A vending cart may operate in a public park, but must also obtain the approval of the Recreation Director. 7. A vending cart cannot operate within an area designated for another communitywide event such as the Farmers Market or Youth Sports Complex. Those facilities have their own financial gain requirements and any vendor wishing to participate at those venues must obtain consent from the license holder. Also a vendor cart may not locate on a street where a public parade or other community-wide special event is being conducted. As recommended, the cart would need to be 200 feet away from the event. 8. The Staff recommended revised ordinance limits a vendor cart to being located in one location within a residence or office zone district for no more than 60 minutes. This is intended to keep vendor carts from locating perpetually on a residential street corner for an extended period of time. 9. The previous cap of 25 vendor carts has been eliminated. C. With regards to motorized vendor trucks, the Staff recommended revised ordinance specifically includes the following: 1. The ordinance creates provisions to allow motorized vendor trucks. Such vehicles must be operable on City streets and licensed as such. 2. Establishes a requirement for issuance of a motorized vending truck license from the City Clerk. 3. The initial vendor truck license is proposed to be $500 with a renewal of a license to be $250. The recommended revised ordinance strikes language that would allow the initial license to be pro-rated. This language is removed to ensure that someone does not apply for the initial license in June and avoid the higher fee for initial licensure. 4. Motorized vendor trucks may sell the same food items as non-motorized vendor carts. Trucks are also proposed to have the same limitations on sale of hot food in residential areas as the non-motorized carts. 5. A vendor truck is required to be located at least 200 feet from any existing licensed restaurant as measured along the curb line from the door of the restaurant to the truck. The intent of this provision is to provide some separation of these trucks from existing bricks-and-mortar locations to prevent an unfair advantage for the mobile vendors. This was not included in the vendor cart ordinance as it is anticipated that a vendor cart will have limited food choices as compared to a vendor truck. 6. A vendor truck may have a sandwich board sign of 24 by 48 inches (width and height) for advertising of products. The sign may be placed on the terrace next to the sidewalk and adjacent to the truck. Such a sign may not have letters of more than three inches in height. 7. A motorized vending truck may operate within a public park or public park parking lot with the approval of the Recreation Director, similar to a cart. 3

4 8. A motorized vending truck may operate in a residential area from 8 a.m. till dusk, till 9 p.m. in a commercial district except in areas zoned B5 and B6 (which generally is the downtown area), where they may operate until 3 a.m. 9. A motorized vending truck may operate within a public parking lot similar to operating within the street. A truck may also operate within a private parking lot under a site plan review approval to ensure that setbacks, green space and required parking provisions of the zoning code are all met. 10. A vending truck cannot operate within an area designated for another community-wide event such as the Farmers Market or Youth Sports Facilities. Those facilities have their own financial gain requirements and any vendor wishing to participate at those venues must obtain consent from the license holder. A vendor truck may also not locate on a street where a public parade is being conducted. A truck would be required to be located at least 200 feet away from these events. 11. The ordinance limits a vendor truck to being located in one location within a residence or office zone district for no more than 60 minutes. 12. The ordinance does not establish a limit on the number of licenses that may be issued. D. As previously noted, since staff is proposing amendments to the codes regarding seasonal sales and outdoor sales of merchandise, staff has included a provision to address an issue that continually comes up with regards to outdoor sales of merchandise. The zoning code currently limits outdoor sales of merchandise to products that are considered seasonal merchandise. This definition defines products such as bark, trees, fertilizer, ornamental stone, lawn furniture and mowers as seasonal merchandise which are the only products that may be sold outside of an enclosed building. With regular occurrence, staff receives requests for businesses to hold tent sales where the business (or an itinerant merchant) would sell products that does not meet the definition of seasonal sales. Staff believes that it is appropriate to allow businesses that have adequate space for a tent sale to hold such an event on their premises one time each year. The event would require administrative review and approval to ensure that the parking and other provisions of the code are being met, including setbacks and building code regulations if a tent is being utilized. E. Since creation of the original vendor cart ordinance adopted in 2005, there has been limited interest in conducting those business activities. The most licenses issued in any one year for vendor carts were three. More recently, there have been no vendor cart licenses issued. Staff believes that there will be significantly more interest in vendor trucks once the ordinance to allow these is established and if they are permitted to sell confectionaries and similar items within the residential districts. F. The proposed ordinance amendments are being proposed to address the public s desire to allow mobile food vending within the City of Janesville. Staff has conducted a Public Information and Input Meeting to help develop the regulations as proposed. There is significant interest from both the business and consumer perspective to allow such activity within the community. Staff believes that the proposal as drafted 4

5 strikes a balance between the interests of both the public and business owners to allow the activity. Differences Between Draft Ordinances The Plan Commission recommended several changes to File Ordinance No as initially introduced by the Council. Most of the Commission s recommendations have been incorporated into the revised ordinance, but there were two items that have not been incorporated into the Staff Recommended Revised Ordinance. These items are described below, including the basis for Staff s recommendation: 1. The Plan Commission Recommended Ordinance includes striking current language from the cart section of the ordinance that allows the non-motorized carts to operate within the terrace within a residential area. This language exists under the current ordinance and staff has not received any complaints regarding carts operating within the terrace of residential areas. Staff believes that it is appropriate to allow the operation of these in the terrace, especially where the cart is being pushed or if it is a bicycle cart being pedaled on the sidewalk. Since there have been no complaints, Staff believes that the existing language should remain. 2. The second item included in the Plan Commission Recommended Ordinance that is not included in the Staff Recommended Ordinance is prohibiting the operation of the vendor trucks within residential areas. Staff heard at the public input meeting, mainly from prospective operators, that they desire to operate within the residential neighborhoods. Through input on social media there was significant discussion regarding allowing the trucks to operate anywhere. Due to concerns about cooking of food in residential areas, Staff s Recommended Ordinance would allow confectionaries, shaved ice, water, soda and other similar items to be sold in residential areas. Although ice cream vendor trucks were banned 30 years ago due to an unfortunate accident, Staff believes it is appropriate to allow these vehicles once again within the City. As a result, there are two separate recommendations included within the report. Plan Commission Action The Plan Commission reviewed the proposed ordinance changes at two subsequent meetings with recommended language modifications from both public hearings. The comments from the May 19 meeting have been fully incorporated within both drafts. Some of the comments from the June 2 public hearing have been incorporated within both drafts, but not all. There was limited public input at the May 19 meeting and no additional public input at the June 2 meeting. The Commission voted unanimously after recommending several additional changes to forward the revised ordinance, referred to as Plan Commission Recommended Revised Ordinance, to the City Council with a recommendation for approval (Vote 7-0). The minutes from both Plan Commission meetings can be found attached to this memo. Fiscal Impact The proposed municipal code amendments would provide for expanded operation of food vendor carts and allow vendor trucks to operate within private parking lots, public parking 5

6 lots and within the public right-of-way. The approval of this ordinance would allow for the expansion of business activities within the City. In other communities, vendor trucks have created opportunities for startup businesses that have evolved into permanent bricks-andmortar locations. It is anticipated that expanding the operation of food vendor carts and allowing food vendor trucks to operate in Janesville would have a positive fiscal impact. Attachments cc: Mark A. Freitag, City Manager Maxwell Gagin, Management Analyst 6

7 Approved Minutes from May 19, 2014 Plan Commission Meeting Gale Price, Building & Development Services Manager, presented the written staff report. Commissioner Madere noted the difference in cost for a motorized vehicle license and renewal as compared to the non-motorized. He questioned why the non-motorized license and renewal were both the same cost of $100 while the renewal for a motorized vehicle was half the cost of the license. Price stated that the initial license fee for motorized vehicles was due to the fact that the there will be more time involved in reviewing these uses due to the vehicles having to be operational and licensed and include kitchens. Commissioner Madere asked what the violation penalties would be for vendors who don t comply and Price stated that with licensure and zoning code violations, the penalty would be around $500. Commissioner Madere asked if the City or Health Department would do a background check on vendors and Price stated that at this point, that has not been proposed, as it was included in the original ordinance in 2005 and was removed by the Council. Several Commissioners commented that the 30-minute time limit for vendors was restrictive and suggested lengthening it to 45 or 60 minutes. Price stated that although there would be a 30-minute limit for vendors in the right-of-way, and vendors in residential or office areas would have to move every 30 minutes, motorized vendors in a parking lot would not have a time limit. Commissioner Fitzgerald asked that staff provide a better description of community wide special events that vendors were not allowed at. Price stated it was hard to make an all- encompassing list in case a new event comes along that isn t on the list. There was discussion regarding the proposed 8:00 a.m. to dusk operating hours for non-motorized vendors. There were concerns about 8:00 a.m. being too early for ringing bells and flashing lights with a suggestion that 10:00 a.m. may be a better starting time. Commissioner Brunner suggested a 9:00 p.m. cut-off time to coincide with soliciting ordinances. Commissioner Madere stated that it could get dark earlier than 9:00 and it seemed unwise to have kids going after ice cream trucks after dark especially in residential areas. Commissioner Voskuil commented that using dusk as an end time could cause the ordinance to be challenged when trying to enforce and Commissioner Madere agreed that he d rather see a timeframe used than dusk. Price stated that he didn t see any concerns with making the end time earlier in residential areas but that the wording needed to be structured so that a vendor on a private property doesn t have to shut down early. Commissioner Brunner stated that he was more concerned about residential areas and timeframes and added that many industries have second and third shifts that may like to have a vendor on their property open during the night. 7

8 Commissioner Brunner questioned whether vendor trucks operating in the B5 or B6 districts should be allowed to stay open until 3:00 a.m. at which point they may be serving intoxicated patrons pushing and shoving to get a hotdog. He asked who would be policing the 30-minute time limitation in residential areas for non-motorized vendors and stated concerns of the carts moving only 2 feet to be in compliance. Commissioner Brunner asked why licenses for non-motorized vendors should be limited to 25 and questioned if the City should just let the application, market and clientele determine which vendors would succeed. Commissioner Voskuil commented that the license limit for alcohol licenses is statutory but she wasn t sure what necessitated the limit for non-motorized vendors. Price stated that the provision to limit non-motorized vendors more than vendor trucks was because staff felt there would be more of a demand for that bringing about the requirement for the Health Department to inspect those. Some communities are struggling with the number of food carts and number of staff needed to keep up with those inspections. Commissioner Fitzgerald asked if the Recreation Director would be in charge of setting up regulations for vendors who want to sell in park areas. Price indicated that Recreation would look at location only but everything else would be regulated by the ordinance. Commissioner Fitzgerald stated that he would be more comfortable if there was some framework in place for Parks/Recreation approval. Price stated that the vendor license application would be routed to the Recreation Director for her approval but at this time, staff didn t feel it was necessary to establish any other thresholds. The public hearing was opened and the following persons appeared to speak. Jim Purneck, owner of Dairy Queen at 2222 West Court Street, asked if a vendor truck can park in a parking lot and stay there for months at a time. Price stated that the vendor could stay there for as long as the owner of the lot would allow provided that they go through site plan review approval to ensure greenspace and parking requirements are met. Chairperson Marklein asked Mr. Purneck if the proposed ordinance regulation that a vendor truck should be 200 feet away from an existing business seemed reasonable. Mr. Purneck stated that as a businessman paying taxes for building, he didn t feel it was fair to allow a vendor truck to be in such close proximity to his business. He also stated health concerns regarding non-motorized vendors potentially not having a proper way to wash their hands. The public hearing was closed. Commissioner Voskuil stated that staff went to great lengths to define confectionaries and she questioned whether the list should just mirror what is currently regulated through the County. Price stated that the County s list is extremely limited and staff felt it important to regulate hot foods in residential areas so that there wasn t the danger of a 8

9 grease fire, etc. Staff included and similar items so that there would be some latitude if an item wasn t specifically mentioned on the list. Commissioner Voskuil asked Price for an example of an area downtown where a vendor could set up shop and still have a 5-foot pedestrian walkway. Price stated that one area would be in front of the old Rock County Appliance store on Main Street where the sidewalk is 10 feet wide. Commissioner Voskuil asked if vendors would be prohibited from having employees. Price stated that the ordinance does not prohibit vendors from having employees and that hopefully they are busy enough that they can support more than one. Commissioner Voskuil asked if the ordinance would affect seasonal merchandise sales such as the plant sale at Shopko. Price indicated that this sort of event would not be affected. Non-seasonal item tent sales, however, would be allowed to do a once-a-year tent sale with site plan review approval. Commissioner Adler suggested that in Section I4, the number of required leak-proof containers on a non-motorized cart be changed to two so that recyclables could be separated. There was discussion about how vendors could participate in certain special events if they were to approach the Board running the event. For example, if they wanted to participate in the Farmer s Market, they would need to approach the Farmer s Market Board for approval. Commissioner Brunner indicated that he struggled with the ordinance wording that vendors could not operate during these sorts of events but essentially they can if they receive the correct approvals. The wording could confuse not only vendors but Boards such as the Farmer s Market. There was discussion about how to move forward and Price stated that if the Plan Commission wanted to expedite review, the ordinance could be sent to the City Council with the requested changes. Chairperson Marklein stated that the Plan Commission could possibly take an unofficial vote to see if they were in favor of the general ordinance and if so, a list of changes could be created. Commissioner Madere stated that his biggest concern was vendors in the residential areas especially those without sidewalks due to noise, narrow streets, cars parked in streets, hours, insufficient background checks. Commissioner Dongarra-Adams asked Mr. Measner, a food truck vendor in attendance at the meeting, what was required of him to sell at the Beloit Farmer s Market. Chad Measner, 2234 N Huron, stated that the Beloit Farmer s Market required an application each time he set up for booth space. He continued that the ordinance amendment for Janesville makes sense to him. He stated that he understand business owners concerns about vendor trucks and added that in order for him to 9

10 stay in business he has to lease out a commercial kitchen, lease out a spot to keep his truck, and those things need to be licensed by the County Health Department. Chairperson Marklein asked if lemonade stands in driveways would be regulated by this? Price responded that he believes that a child operating a lemonade stand should not be subject to these regulations because it would not be a full-fledged business. He hopes that someone in the field would exercise some discretion regarding such an activity. Chairperson Marklein asked if the ordinance regulated kids selling items in front of convenience stores for sports, etc., and Price indicated that these sorts of sales would be exempt as they are for non-for-profit organizations. Chairperson Marklein questioned the renewal date of July 1 as it is in the middle of the vendor season and Price stated that date was consistent with the renewal of all other City licenses. Chairperson Marklein asked if there would be a process for appeal if someone was cited and their license was suspended and Price indicated that was not drafted into the ordinance, that he felt we d handle it as we do other licenses but he d have to discuss with the City Attorney. There was discussion about events such as the Fun Run for which the Leisure Services department has to run through City Council for approval of such things as recycle bins, animals and if vendor approval could be folded into that for these sorts of events. Chairperson Marklein asked how noise and odors would be addressed and Price indicated it would be on complaint business. Commissioner Adler asked if the motorized vendor trucks would be preparing their food or preparing it elsewhere and selling it from the truck. Price stated that they were allowed to do either. Chairperson Marklein asked where carts/trucks would be stored during the off-season. Price stated that they should not be stored in someone s driveway. Price stated that staff would come back in two weeks with an amended draft of the ordinance. Chairperson Marklein stated that that the Plan Commission would reopen the public hearing on this item at the June 2 Plan Commission Meeting. 10

11 Draft Minutes from June 2 Plan Commission Meeting Commissioner Voskuil asked if staff could just report what was changed and Gale Price, Building & Development Services Manager, presented those changes. Commissioner Fitzgerald questioned if the 60-minute time limit for carts in the residential locations was long enough to allow the vendor to unlock/set-up and pack up and go and stated he would like to see that timeframe extended to 2 to 4 hours. Price stated that since hot food wasn t allowed in those areas, the set-up/take-down shouldn t take as much time. Commissioner Fitzgerald stated that the City could try the 60-minute time limit in the residential areas and see how it goes. Commissioner Dongarra-Adams stated that she never thought vendors would be allowed into residential areas. Commissioner Brunner brought up the background checks for the vendors and indicated it didn t take much time to run a name through the National Information Crime Center, State CIB and sexual offender program. He added that even if only peddle carts were allowed in residential areas, he still feels that 8:00 in the morning seems too early for them to start selling there. Commissioner Madere stated that he objects to motorized vendors in residential areas. He continued that he didn t agree with letting non-motorized vendors set up in the public terrace as homeowners maintain those areas. Commissioner Voskuil agreed with not allowing that activity in the terrace area and asked about bike lanes. Cherek stated that staff would interpret bike lanes as an area where vendors would not be allowed. There was discussion about the pro-rated $500 initial vendor license fee and $250 renewal and a suggestion that the $500 fee not be prorated. Price indicated that the initial fee could be a straight $500 with a $250 renewal every July without the proration. Commissioner Voskuil asked what sort of fines would be imposed if the vendors are in violation and Price indicated that there are different fines imposed depending on whether they are violating the license section, zoning section or street and right-of-way section of the code. The fines would be a municipal citation. Commissioner Voskuil asked why vendors needed to be 100 feet from a public event and 200 feet from a restaurant rather than having the same distance for both. Cherek indicated that it would make sense to make the distances uniform. Commissioner Fitzgerald asked how a violation would be reported and if there would be a designation or number on the vendor cart. Price stated that people generally call the City switchboard with complaints and they are forwarded to the appropriate department. Commissioner Adler stated that she wasn t too worried about the non-motorized vendors starting at 8:00 but thought maybe 9:00 would be a better start time. She indicated that she 11

12 liked the idea of having a background check but then staff would need to add what the grounds would be for failing the background check. Commissioner Voskuil asked if staff had talked to the City Attorney regarding background checks. Price quoted the language from the original cart ordinance and stated that the City Attorney had approved the wording at that time. There was discussion regarding background checks and where you draw the line with them. Commissioner Madere suggested some of this could be solved by just not allowing vendors in residential areas but if there were a background check done it could be a simple process that might raise a red flag and then staff would have discretion as to whether or not to issue a license and this decision could be appealed to council. The public hearing was opened and no one appeared to speak regarding this item. The public hearing was closed. There was a motion by Commission Dongarra-Adams with a second by Commissioner Adler to forward the proposed revised ordinance amendments to the City Council with a favorable recommendation with the condition that the initial $500 fee not be pro-rated and that the separation from public events and restaurants be standardized at 200 feet. There was a friendly amendment by Commissioner Madere to eliminate the use of the terrace for non-motorized vendors and to delete references that allow motorized vendors in residential areas. The motion carried on a vote. 12

13 PLAN COMMISSION RECOMMENDED REVISED ORDINANCE NO An ordinance amending , (Non-motorized Vendor Carts) of the Business License provisions, creating , (Motorized Vendor Trucks) of the Business License provisions, amending (Seasonal Merchandise), A.4.a, (Business Districts, Outside Display of Merchandise), creating (Special Tent Sale), and amending b (Seasonal Sales) of the Zoning Code of the City of Janesville, with penalties for violations thereof, together with injunctive relief and remedies upon default of forfeiture payment as set forth in JGO , and the applicable penalty provisions in JGO Chapters 5.20, 18.20, and THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Section of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: A. Purpose. The purpose and intent of this section is to permit, regulate and license non-motorized vendor carts that sell only any pre-packaged frozen confectionaries such as pre-packaged ice creams, frozen popsicles, soda, bottled water, shaved ice and similar items or hot/prepared food within the City of Janesville Non-Motorized Vendor Carts Licensing Regulations. A. Purpose. The purpose and intent of this section is to permit, regulate and license non-motorized vendor carts. that sell only Vendors may sell pre-packaged frozen confectionaries, such as pre-packaged ice creams, frozen popsicles, soda, bottled water, shaved ice and similar items or hot/prepared food within the City of Janesville. Such licensed non-motorized vendor carts operated in strict conformity with each and every provision of this ordinance are exempt from the prohibition set forth in Section B. General Regulations. (1) Every person and cart engaged in activities regulated by this ordinance, whether or not licensed, shall at all times comply with each and every provision and regulation set forth in this ordinance. (2) Every non-motorized vendor cart shall at all times be operated in strict accord with each and every provision and regulation set forth in this ordinance. (3) No person may engage in any activity for which a license is required under this ordinance without first applying for, paying the fee for and holding a valid license for each non-motorized vendor cart. C. Cart License Required. Every non-motorized vendor cart in the city shall be licensed. No person may operate, sell or vend from, use a non-motorized vendor cart or otherwise engage in any activities regulated by this ordinance unless the

14 cart holds an appropriate and valid license from the City. Each owner in his/her/its name shall apply for, pay the fee for, and hold a non-motorized vendor cart license for each cart in the city prior to use of such cart in the city. D. Definitions. (1) Licensee, means the applicant who is issued and holds a license under this ordinance. (2) Non-motorized vendor cart, means the device regulated by this ordinance. It includes any and all non-motorized mobile devices that are used directly or indirectly in the sale of any goods or services, including but not limited to bicycle vending devices and push carts. (3) Operator, means the person who engages in or conducts any activities involving a non-motorized vending cart. cart. (4) Owner, means the person who owns the non-motorized vendor (5) Person means each and every natural person, firm, corporation, partnership, joint venture, cooperative, limited liability company, limited liability partnership, sole proprietorship and other individual, person and legal entity of whatever kind or nature. (6) Vendor, means an operator. (7) Vending Cart Season, means all year. E. Cart License Application. (1) Initial application. Each owner desiring to conduct or engage in activities regulated by this ordinance shall file a written initial application with the city clerk or designee on form(s) provided by the city for a cart license for each nonmotorized vendor cart. No person may operate, conduct or engage in activities regulated by this ordinance without filing an application, paying the fee(s) for such license or without holding an appropriate license under this ordinance. The city clerk, chief of police, fire chief, common council, and/or their appropriate designee(s) may amend and require such information on the initial application as s/he may, from time to time, consider reasonable, proper and/or necessary. (2) Renewal application. Each licensed cart owner desiring to conduct activities regulated by this ordinance after initial licensing shall file a written renewal application with the city clerk or designee on form(s) provided by the city for each proposed non-motorized vendor cart. The city clerk, chief of police, fire chief, common council, and/or appropriate designee(s) may amend and require such information on the renewal application as s/he may, from time to time, consider reasonable, proper and/or necessary. (3) Cart -- Initial License Fee -- $ Each owner applicant shall pay an initial cart license fee of $ per cart at the time of original filing, which initial fee shall be pro-rated based on the month after July 1 in which the initial application is filed. The initial application fee is non-refundable. (4) Cart Annual Renewal Fee -- $ An annual renewal fee of $ per cart thereafter shall be required and paid. The annual renewal fee is non-refundable.

15 year. (5) All initial and renewal cart licenses shall expire on June 30 of each (6) No application shall be accepted for filing, nor cart license issued or renewed, unless and until the owner applicant possesses all necessary County Health Department and other required governmental agency license(s) and permit(s) for the cart. Each owner applicant, at the time of filing the city initial application and at the time of all subsequent annual renewal filings, shall provide to the city clerk proof of such other licenses and permits in such form as the city clerk may, from time to time, deem necessary and/or desirable. (7) No cart license may be issued or renewed unless and until the cart passes the inspection of the county/state health officials and agencies, and holds the proper health licensing, permits and certification. (8) No cart license may be issued or renewed if the applicant, owner or proposed operator of the cart has had a license or permit issued under this ordinance revoked, suspended or non-renewed unless expressly approved by appeal to the City Council.. (9) No cart license may be issued by the city clerk unless and until all requirements set forth in this ordinance have been fully and properly satisfied by the applicant. The decision of the City Clerk shall be final in this regard. (10) In no instance may a non-motorized vendor cart operate within an area previously permitted for financial gain on public property including but not limited to the Janesville Farmers Market or youth sports facility. A vendor cart may not operate within 200 feet of a street or area of the city designated for a community-wide special event or parades such as the labor day parade or fourth of July celebration within Traxler Park as determined by the City Council. Within those park areas under a lease agreement such as the youth sports facility, an approval from both the leaseholder and recreation director are required. F. Each non-motorized vendor cart shall be separately licensed and such license shall not be transferable to any other non-motorized vendor cart. G. Each issued cart license shall be prominently and conspicuously posted on each licensed cart at all times. H. At all times, each cart shall have permanently affixed to it and prominently displayed a sign no smaller than twelve (12) inches by twelve (12) inches displaying name, address, and telephone number of the licensee. I. Non-Motorized Vendor Cart Operation. (1) Each non-motorized vendor cart shall be capable of being moved and kept under control by one person. (2) Each cart shall be moved safely to and from its vending location(s). (3) Each cart shall be secured at all times so as not to injure or endanger persons or property. (4) Each non-motorized vendor cart shall be equipped with at least one leak-proof container for the deposit of waste, garbage, litter, and refuse. A second leak-proof container for the deposit of recycle materials shall also be required. All such containers shall be kept covered with tight fitting lids. When

16 leaving the sales area, the licensee and his employee(s) shall be responsible for the removal of all litter resulting from his business or customer s use of his business. (5) Each operator, licensee and cart shall comply with all state codes, regulations and standards relating to the serving and selling of food or food products. (6) An operator shall be personally and physically present next to the cart and within the vending site at all times during which items are displayed or sold. Vending carts shall only be allowed within the public right-of-way during permitted hours of operation. J. Insurance Requirement. Each licensee shall obtain, pay for and at all times maintain proof of and actual liability insurance coverage against personal injury, death and property damage in an amount of not less than One Million Dollars ($1,000,000) per person per incident and One Million Dollars ($1,000,000) aggregate per incident. Such insurance shall name the City of Janesville and each and every of the City s elected and appointed officials, officers, employees, agents and representatives as additional or co-insureds. At the time of filing the initial and all renewal applications, an applicant shall provide a true and correct photocopy of a certificate of insurance and/or other proof insurance for each cart in the form required by the city clerk. K. Regulations. (1) Non-motorized vendor carts must be stationary at all times when sales and related activities are occurring. (2) Non-motorized vendor carts may set up and operate in the public streets but not in the travel lane. They also may not set up and operate in the public terraces. (3) Non-motorized vendor carts shall be prohibited from using, setting up in or on, and shall not operate upon the public bike trails or public sidewalks except in those areas zoned B5 and B6 (generally downtown) carts may be operated on the sidewalks where a terrace area is not in existence and where a minimum 5 foot pedestrian path on the sidewalk is maintained for pedestrian movement. (4) In City Parks, non-motorized vendor carts are only allowed upon issuance of a permit for specific park areas designated by the director of Leisure Services Recreation Director. Said approval shall also include payment of any associated park use, financial gain and/or other license fee(s) as determined by the Director for each vendor cart license. (5) All non-motorized vendors may only be allowed to sell prepackaged frozen confectionaries, soda, bottled water, shaved ice and similar items type products in all areas of the community. In areas zoned conservancy, commercial or industrial non-motorized vendors may also sell hot/prepared food in addition to frozen confectionaries and similar items, as described above. (6) No non-motorized vendor cart shall operate before 8:00 o clock A.M. or after dusk (sunset on any day) except for areas zoned B5 or B6 where they may operate until 3 a.m..

17 (7) No non-motorized vendor cart operator or other person shall use noise-makers, other than bells, lights, or music to attract customers. Such bells and music shall not be used before 8:00 o clock A.M. or after dusk (sunset on any day). No electrical or mechanical sound generated within a vending area shall be audible beyond the vendor s immediate working area and in no event more than 50 feet from the cart. (8) See also Section As applicable, those provisions are incorporated herein by reference as if fully set forth verbatim. Any action required or prohibited therein shall be required or prohibited, as applicable, by this ordinance. (9) A non-motorized vendor cart may not operate in any one location zoned residence or office for more than sixty (60) minutes at any one time. Each operator and other person, whether or not licensed, who engages in any activities regulated by this ordinance shall at all times fully and timely comply with and abide by each and every requirement and provision set forth in this ordinance and in each and every other ordinance of the City of Janesville. (10) Each operator and other person, whether or not licensed, who engages in any activities regulated by this ordinance shall at all times fully and timely comply with and abide by each and every requirement and provision set forth in this ordinance and in each and every other ordinance of the City of Janesville. SECTION II. Section of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Licensed Motorized Vendor Trucks Prepackaged Items A. Purpose. The purpose and intent of this section is to permit, regulate and license motorized vendor trucks that sell pre-packaged frozen confectionaries, soda, bottled water, shaved ice and similar items and/or prepared food within the City of Janesville. Such licensed motorized vendor trucks operated in strict conformity with each and every provision of this ordinance are exempt from the prohibition set forth in Section (Licensing). B. General Regulations. (1) Every person and truck engaged in activities regulated by this ordinance, whether or not licensed, shall at all times comply with each and every provision and regulation set forth in this ordinance. (2) Every motorized vendor truck shall at all times be operated in strict accord with each and every provision and regulation set forth in this ordinance. (3) No person may engage in any activity for which a license is required under this ordinance without first applying for, paying the fee for and holding a valid license for each motorized vendor truck. C. Truck License Required. Every motorized vendor truck in the city shall be licensed. No person may operate, sell or vend from, use a vendor truck or otherwise engage in any activities regulated by this ordinance unless the truck holds an

18 appropriate and valid license from the City. Each owner in his/her/its name shall apply for, pay the fee for, and hold a motorized vendor truck license for each truck in the city prior to use of such truck in the city. D. Definitions. (1) Licensee, means the applicant who is issued and holds a license under this ordinance. (2) Motorized vendor truck, means the device regulated by this ordinance. It includes any and all motorized mobile vehicles that are used directly or indirectly in the sale of any goods or services, including but not limited to trucks or vans used for such purposes. Each motorized vendor truck shall be a licensed motor vehicle permitted to function as an operable motor vehicle within the State of Wisconsin. (3) Operator, means the person who engages in or conducts any activities involving a motorized vending truck. (4) Owner, means the person who owns the motorized vendor truck. (5) Person means each and every natural person, firm, corporation, partnership, joint venture, cooperative, limited liability company, limited liability partnership, sole proprietorship and other individual, person and legal entity of whatever kind or nature. (6) Vendor, means an operator. (7) Vending truck season, means all year. E. Vendor Truck License Application. (1) Initial application. Each owner desiring to conduct or engage in activities regulated by this ordinance shall file a written initial application with the city clerk or designee on form(s) provided by the city for a truck license for each motorized vendor truck. No person may operate, conduct or engage in activities regulated by this ordinance without filing an application, paying the fee(s) for such license or without holding an appropriate license under this ordinance. The city clerk, chief of police, fire chief, common council, and/or their appropriate designee(s) may amend and require such information on the initial application as s/he may, from time to time, consider reasonable, proper and/or necessary. (2) Renewal application. Each licensed truck owner desiring to conduct activities regulated by this ordinance after initial licensing shall file a written renewal application with the city clerk or designee on form(s) provided by the city for each proposed motorized vendor truck. The city clerk, chief of police, fire chief, common council, and/or appropriate designee(s) may amend and require such information on the renewal application as s/he may, from time to time, consider reasonable, proper and/or necessary.

19 (3) Truck -- Initial License Fee -- $ Each owner applicant shall pay an initial truck license fee of $ per truck at the time of original filing. The initial application fee is non-refundable. (4) Truck Annual Renewal Fee -- $ An annual renewal fee of $ per truck thereafter shall be required and paid. The annual renewal fee is nonrefundable. year. (5) All initial and renewal truck licenses shall expire on June 30 of each (6) No application shall be accepted for filing, nor truck license issued or renewed, unless and until the owner applicant possesses all necessary County Health Department and other required governmental agency license(s) and permit(s) for the truck. Each owner applicant, at the time of filing the city initial application and at the time of all subsequent annual renewal filings, shall provide to the city clerk proof of such other licenses and permits in such form as the city clerk may, from time to time, deem necessary and/or desirable. (7) No truck license may be issued or renewed unless and until the truck passes the inspection of the county/state health officials and agencies, and holds the proper health licensing, permits and certification. (8) No truck license may be issued or renewed if the applicant, owner or proposed operator of the truck has had a license or permit issued under this ordinance revoked, suspended or non-renewed unless expressly approved by appeal to the City Council. (9) In addition to the license fee above if the truck is to be operated within a private parking lot approval shall include a site plan review to evaluate location, placement and parking standards in accordance with (Site Plan Review) to ensure compatibility with A.4.(Outdoor Display of Merchandise). (10) No truck license may be issued by the city clerk unless and until all requirements set forth in this ordinance have been fully and properly satisfied by the applicant. The decision of the city clerk shall be final in this regard. F. Each motorized vendor truck shall be separately licensed and such license shall not be transferable to any other motorized vendor truck. G. Each issued truck license shall be prominently and conspicuously posted on each licensed truck at all times. H. At all times, each truck shall have permanently affixed to it and prominently displayed a sign no smaller than twelve (12) inches by twelve (12) inches displaying name, address, and telephone number of the licensee. I. Motorized Vendor Truck Operation.

20 (1) Each motorized vendor truck shall be capable of being moved and kept under control by one person. All traffic laws shall be adhered to during operation of the vehicle. location(s). (2) Each truck shall be moved safely to and from its vending (3) Each truck shall be secured at all times so as not to injure or endanger persons or property. (4) Each motorized vendor truck shall be equipped with at least one leak-proof container for the deposit of waste, garbage, litter, and refuse. A second leakproof container for the deposit of recycle materials shall also be required. All such containers shall be kept covered with tight fitting lids. When leaving the sales area, the licensee and his employee(s) shall be responsible for the removal of all litter resulting from his business or customer s use of his business. (5) Each operator, licensee and truck shall comply with all state codes, regulations and standards relating to the serving and selling of food or food products. (6) An operator shall be personally and physically present inside or next to the truck at all times during which items are displayed or sold. Vending trucks shall only be allowed within the public right-of-way during permitted hours of operation. J. Insurance Requirement. Each licensee operating on City property including but not limited to city owned parking lots, right-of-way or city park shall obtain, pay for and at all times maintain proof of and actual liability insurance coverage against personal injury, death and property damage in an amount of not less than One Million Dollars ($1,000,000) per person per incident and One Million Dollars ($1,000,000) aggregate per incident. Such insurance shall name the City of Janesville and each and every of the City s elected and appointed officials, officers, employees, agents and representatives as additional or co-insureds. At the time of filing the initial and all renewal applications, an applicant shall provide a true and correct photocopy of a certificate of insurance and/or other proof insurance for each truck in the form required by the city clerk. K. Regulations. (1) Motorized vendor trucks must be stationary at all times when sales and related activities are occurring. (2) Motorized vendor trucks may set up and operate in the public streets but not in the travel lane. Vending truck service window shall be oriented to the curb side of the street and not to the front, rear or travel lane side of the truck. Motorized vending trucks set up and operate within public parking lots within areas zoned B5 and B6. Motorized vending trucks may also set up and operate within private parking lots subject to a site plan review in accordance with subsection to ensure compliance with A.4. (3) In city parks, motorized vendor trucks are only allowed upon issuance of a permit for specific park areas designated by the Recreation Director. Said