ORDINANCE NO. 2017-28 AN ORDINANCE OF THE CITY OF ST. AUGUSTINE, FLORIDA, AMENDING CHAPTER 17, ARTICLE XII, RELATING TO MOBILE VENDORS; AMENDING SECTION 17-502 EXEMPTING STREET ARTISTS FROM LICENSING REQUIREMENT; AMENDING SECTION 17-504 RELATING TO APPLICATION AND LICENSE FEE; AMENDING SECTION 17-509 RELATING TO CONDITIONS OF USE OF THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF ST. AUGUSTINE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERANCE OF INVALID PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City Commission of the City of St. Augustine passed Ordinance 2013-14 identifying the significant burden and threat to the public s health, safety and welfare; and WHEREAS, Ordinance 2013-14 contains the legislative finding demonstrating the City of St. Augustine s significant government interest in proper time, place manner regulation of commercial speech; and WHEREAS, the City Commission for the City of St. Augustine hereby affirms the findings and intent of Ordinance 2013-14; and WHEREAS, the City Commission recognizes that commercial speech enjoys certain protections under the Constitutions of the United Sates and the State of Florida and that any regulation of such commercial speech must be narrowly tailored to meet the defined public interest, must be content neutral, must provide reasonable time, place and manner restrictions; and
WHEREAS, the City Commission for the City of St. Augustine finds that it is in the best interest of public health, safety and general welfare that the following amendments be adopted; BE IT ORDAINED BY THE CITY COMMISSION FOR THE CITY OF ST. AUGUSTINE, FLORIDA, AS FOLLOWS: Section 1. Amending City Code Section 17-502. Section 17-502 of the Code of the City of St. Augustine are hereby amended, as follows: Sec. 17-502. - License required. (a) No person shall conduct any business sale or offer to conduct any business sale from any public road, other public thoroughfare, sidewalk, public parking lot or any public property whatsoever unless the person holds a valid mobile vendor's license and fully conforms to the terms of this article. (b) Licensing under this section does not grant the licensee the right to vend in "prohibited public areas" as defined in chapter 22 of this Code or to otherwise violate the provisions of said chapter 22. (c) Licensing under this section does not otherwise grant the licensee the right to vend in the "Market in the Plaza" as defined in section 22-6 of this Code. (d) Nothing in this article shall serve to repeal or sever the provisions of section 22-6 of this Code regarding the issuance and use of permits for the sale of merchandise and services in the Market in the Plaza as defined in section 22-6 of this Code. (e) Street Artists as defined in Section 22-10 of the City Code are hereby exempt from the requirements of Chapter 17 Sections 17-500 through 17-509. Section 2. Amending City Code Section 17-504. Section 17-504 of the Code of the City of St. Augustine are hereby amended, as follows: Page 2 of 8
Sec. 17-504. Application; license fee. (a) Upon application and upon expiration of a reasonable time, not to exceed thirty (30) days, for administrative processing and review, or if no determination is made, the city manager shall issue a mobile vendor's license only to any applicant who: (1) Is eighteen (18) years of age or older; (2) Submits one (1) photo identification card issued by a state or federal agency and two (2) photographs which have been taken within thirty (30) days of the application and which are three (3) inches by five (5) inches in size; (3) Provides, on a form provided by the city manager, all of the following information regarding the applicant: a. Name, home address, local address, telephone number; b. Age, height, weight, color of eyes and hair; c. Date of birth; d. Valid driver's license or government issued identification card; and e. State sales tax number; (4) Provides, on a form provided by the city manager, a description of the business, including specification of the goods offered for sale and the expected locations from which sales will be offered; (5) Provides proof of insurance required by section 17-505. Page 3 of 8
(6) Provides a mailing address at which notice of any pertinent city information shall be considered received and binding upon the applicant or mobile vendor's license holder on the fifth day after first class mail is posted to the address; (7) Provides a statement regarding compliance with these regulations and affirmatively states they have not previously violated the terms of licensing as provided in this article; (8) Pays fees, including seventy twenty-five dollars ($75.00) ($25.00) per month for city administrative processing costs. (b) An applicant who misrepresents information provided under this section shall not be issued a mobile vendor's license or, if issued, shall suffer revocation of the mobile vendor's license. Section 3. Amending City Code Section 17-509. Section 17-509 of the Code of the City of St. Augustine are hereby amended, as follows: Sec. 17-509. Conditions of use. Persons offering goods for business sale and holding a valid mobile vendor's license shall be situated, together with their goods, displays or other accoutrements and shall not: (1) Obstruct vehicular or pedestrian traffic, obstruct handicapped access or obstruct vehicular parking, vehicular loading zones, taxi stands or franchised vehicles for hire stands; (2) Enter upon any zoning district or area of the city, except as follows, and according to the conditions and hours shown: a. CL-1, CL-2, CM-1 and CM-2 from 8:00 a.m. until 6:00 p.m.; Page 4 of 8
b. IW and OL from 8:00 a.m. until 11:00 p.m.; c. HP 2, 3 or 4 or GU from 10:00 8:00 a.m. until 6:00 11:00 p.m., except that no person shall conduct or offer to conduct any business sale of goods on St. George Street (from Orange Street to King Street)on Hypolita Street from Charlotte Street to Cordova Street or on Cuna Street from Charlotte Street to Cordova Street including any and all sidewalks, public parking lots and other public property adjacent within 50 feet to of St. George Street; on the Plaza de la Constitucion as defined in section 22-6 of this Code; on the West Plaza as defined in section 22-14 of the Code or on Ponce de Leon Circle or Anderson Circle as defined in section 22-15 of this Code; or on the public paved and grassed areas surrounding the St. Augustine/St. Johns County Visitor Information Center and historic downtown parking facility, except for the designated unpaved area located south of the visitor information center and historic downtown parking facility or as provided for in section 22-19 of this Code. (3) Except as provided in subsection (a) to this section, o Occupy, including associated goods, displays and any accoutrements whatsoever, all of which must be contained within the designated space, a space not larger than fifteen (15) feet in length and eight (8) feet in width; provided, however, that in the HP-zoning districts the space shall not exceed eight (8) feet by six (6) feet in dimension; (4) Except by authorization of the city manager, leave any display unattended for a period of longer than one (1) hour; (5) Use any flammable substance in vending operations; (6) Display any signs; Page 5 of 8
(7) Erect or display any structure providing protection from the sun or other weather elements unless the structure is made of white, fire retardant fabric approved by the City of St. Augustine Fire Marshal and unless the dimensions of the structure are ten (10) feet wide or less, ten (10) feet long or less and eight (8) feet high or less and unless the structure does not obstruct vehicular line of sight; (8) Sell or offer for sale food and beverages of any type or kind on the public streets, alleyways, sidewalks, public parks or places or public parking lots; (9) Conduct vending sales activities or erect or display any tent, table or display of merchandise or allow vendors or customers to damage vegetation or personal property on public or private property adjacent to the area used for mobile vending. (10) Erect or display any tent, table or other display of merchandise on the unpaved area located south of the historic downtown parking facility and west of the brick driveway serving the visitor information center and historic downtown parking facility except in a manner which does not block the pedestrian sidewalk right-of-way at that location; or (11) Erect or display any tent in the unpaved area located south of the historic downtown parking facility and west of the paved driveway located south of the visitor information center without holding a permit issued by the city designating a space for mobile vending at that location. Said permits shall be issued by the city annually on a date of application priority basis to holders of valid mobile vendor permits and provided all mobile vending activities occur only within the boundaries of the vending space designated in the permit. The permits for designated spaces shall be issued for the time period beginning October 1 and ending September 30 of each year. Page 6 of 8
Any permits issued after October 1 shall be valid until September 30 of the following year. The issuance of this designated space permit shall require the payment of a permit fee of fifty dollars ($50.00) in addition to the fee as required by section 17-504 of this Code. Section 6. Inclusion in Code. The City Commission intends that the provisions of this ordinance shall become and shall be made part of the Code of the City of St. Augustine, that the sections of this ordinance may be renumbered or relettered and that the word ordinance may be changed to section, article or other such appropriate word or phrase in order to accomplish such intentions. Section 7. Conflict with Other Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. Severance of Invalid Provisions. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said holding shall not be so construed as to render invalid or unconstitutional the remaining provisions of this ordinance. Section 9. Effective Date. This ordinance shall become effective ten (10) days after passage, pursuant to Section 166.041(4), Florida Statutes. Page 7 of 8
PASSED by the City Commission of the City of St. Augustine, Florida, this day of, 2017. Nancy E. Shaver, Mayor-Commissioner ATTEST: Darlene Galambos, City Clerk (SEAL) Coding: Words stricken are deletions; words underlined are additions. Page 8 of 8