It is the purpose of this chapter to promote and encourage open air commercial environments, while preserving and protecting the health, safety and welfare of citizens by promoting opportunities and regulations for the creation of said exceptions within the city.

(Ord. No. 5185, 10-7-08; Ord. No. 5979, §1, 5-16-17)

(A)

Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain developed and developing areas in a traditional town form are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to encourage pedestrian activity and make the urban environment more attractive.

(B)

Sidewalk Cafes. The City may issue a permit allowing a sidewalk cafe on part of a specified sidewalk if the following requirements are met:

(1)

The proposed sidewalk cafe shall not unduly impact or impede the public's ability to travel upon or use the sidewalk and any other affected public right-of-way. If at any time the sidewalk cafe is determined by the City to impede travel or interfere with public safety, the City may require that the sidewalk cafe be removed or modified.

(2)

Any necessary costs to relocate a utility or widen the existing sidewalk to accommodate the proposed sidewalk cafe shall be paid by the sidewalk cafe applicant.

(3)

The sidewalk cafe applicant may be required to post a surety bond or letter of credit sufficient to cover the cost of removing the sidewalk cafe if necessary for the city or utility company to access pipes, lines, or other facilities.

(4)

The sidewalk cafe applicant must consent that the city or a utility company may remove, without liability or compensation, part or all of the sidewalk cafe, if necessary, to access a utility easement, facility, or improvement.

(5)

Applicants requesting a permit must provide a detailed site plan and written description illustrating the type, location and dimensions of all furniture to be placed in the public right-of- way. Sidewalk cafes may not be enclosed by fixed walls or other permanent structures.

(6)

Sidewalk cafes must be open to the air, except that an awning or canopy conforming to requirements established by the Unified Development Code and Building Code may be constructed over the sidewalk cafe. In order to provide sufficient pedestrian clearance, umbrellas must have 7 feet of free and clear space from the sidewalk surface to the lower edge of the umbrella.

(7)

Property shall be kept clean and free of refuse with no permanent trash containers placed on the premises.

(8)

All furnishings and fixtures must be of a temporary nature and shall be removed from the public right-of-way and stored inside during non-operational times.

(9)

For sidewalk cafes using city right-of-way for operation, there shall be a minimum of 5 feet or 50% of the total sidewalk width for clearance, whichever is greater, to provide adequate and unobstructed pedestrian movement.

(10)

One A-frame sandwich/menu board is permitted within the sidewalk cafe's border during hours of operation, subject to the applicable regulations in Chapter 174, Signs for the same.

(11)

The applicant shall notify adjoining property owners.

(12)

Each application for a sidewalk cafe permit shall be accompanied by a $100.00 permit review and processing fee.

(C)

Parklets. The City may issue a permit allowing a parklet in paid public parking spaces for the exclusive use of an adjacent business.

(1)

Definition. A parklet is a temporary platform located on a right-of-way and intended to provide additional space for use by an adjacent business and its patrons.

(2)

The City may issue a permit for a parklet if the following requirements are met:

(a)

The proposed parklet shall be limited to no more than three (3) parking spaces directly adjacent to the applicant's business and located at least one (1) parking space from a corner, intersections and other parklets.

(b)

Applicants requesting a permit shall provide a detailed site plan and written description illustrating the type, location and dimensions of the parklet elements to be placed in the public right-of-way.

(c)

The applicant shall pay the parking fees established in Chapter 72, Parking Regulations, including any adjustments or amendments thereto.

(d)

The applicant shall provide notice to adjoining property owners.

(e)

Utility Access. The applicant shall consent that the parklet will not inhibit access to, maintenance or operation of any public utility. If the parklet is located over a utility main or any appurtenances, the establishment shall remove the parklet to accommodate any work on utilities. The applicant shall also consent that the city or any utility company may remove, without liability or compensation, part or all the parklet if necessary to access a utility easement, facility or improvement.

(f)

Alcohol. The establishment shall agree to comply with all state and local laws regarding the consumption, sale, and serving of alcoholic beverages.

(g)

Conditions of Parklet. The establishment shall agree to maintain all elements of the parklet in good condition. Elements experiencing routine wear and tear shall be repaired or placed. Parklet must be free of debris, grime, and graffiti. All parklet vegetation must be watered and maintained. Amplified music is prohibited in the parklet.

(h)

Inspections. The establishment shall agree to periodic inspections by city staff for compliance with all regulations.

(i)

One (1) A-frame sandwich/menu board is permitted within the public sidewalk adjacent to the parklet during the applicant's regular hours of operation, subject to the applicable regulations in Chapter 174, Signs for the same. Each establishment can place only one (1) sign in the right-of-way.

(j)

Each application for a parklet permit shall be accompanied by a $100.00 permit review and processing fee.

(k)

Minimum Design Standards. The establishment shall agree to comply with the minimum design standards set forth below.

(I)

Corner locations. The proposed parklet site shall be located at least one (1) parking spot from a corner or protected by a bollard, sidewalk bulb-out, or other similar feature, if located at the corner.

(II)

Speed limit. Parklets are permitted where the posted speed limit is thirty (30) mph or less. Streets with higher speed limits may be considered on a case-by-case basis may be considered and approved by the City Engineer.

(III)

Street slope. Parklets must be situated on streets with a running slope (grade) of 5% or less or provide a level surface to meet this grade.

(IV)

Buffers and Safety Elements. Parklets shall be required to have a buffer to protect users from street traffic. Buffers can be either reflective tape, planters, durable seating, temporary railing/edging, or other visible, protective edging as approved by staff in the application process. Parklets shall be required to have soft hit posts and wheel stops. Parklets must be situated a minimum of 2 feet from the nearest edge of traveled way. Planters used as edging features are required to be large and durable.

(V)

Utilities. Parklets shall not be allowed in front of a fire hydrant, or over a manhole, public utility valve, or cover. Curb and roadside drainage shall not be impeded by the parklet. If decking is being constructed, the decking should allow for easy access underneath and curbside drainage shall not be impeded. A gap of 6 inches should be maintained between the body of the deck and the asphalt to facilitate the movement of water. The proposed parklet shall not unduly impact or impede the public's ability to travel upon or use the public right-of-way. If at any time the parklet is determined by the City to impede travel or interfere with public safety, the City may require that the parklet be removed or modified.

(VI)

Americans with Disabilities Act Compliance. All elements of Parklets shall be constructed and/or installed to conform to the applicable provisions, rules, regulations, and guidelines of the Americans with Disabilities Act (ADA).

(VII)

Design for easy removal. Parklets are temporary in nature and must be designed for easy removal. All removable furniture must be locked or stowed each night.

(VIII)

Parklet decking. Parklet decking must be flush with the curb and may not have more than ½ inch gap from the curb. If decking is installed, a minimum 36 inch ADA accessible entryway to the parklet must be maintained. Platforms shall not exceed a 2% cross slope. Deck installation shall not damage the sidewalk, street, curb, street trees or any aspect of the public right-of-way. Due to the temporary nature of the parklet, any proposed decking shall not be allowed to be bolted into the asphalt and must include semi-permanent materials installed in a way that does not require reconfiguring the roadway or pouring concrete.

(IX)

Edging. All proposed edging shall be visually permeable. Due to the temporary nature of the parklets, all edging or railing shall not be bolted to the asphalt. The temporary railing shall be durable enough to stand on its own and should have a sturdy base.

(X)

Visual design. Parklet designs must maintain a visual connection to the street and not obstruct sight lines to existing businesses or roadway signage. While not visible from the sidewalk, the parklet's back is highly visible from across the street. Large blank walls are discouraged. No signage may be painted on the parklet wall.

(XI)

Materials. Materials should be high quality, durable, waterproof, and capable of withstanding heavy use and exposure to the elements. Loose particles such as sand or loose stone are not permitted within the parklet area. All furniture must be designed for outdoor use. Sofas as parklet furniture is prohibited. All materials and seating or table constructions and configurations are subject to inspection and require a permit at the discretion of City staff.

(XII)

Open air. Parklets may not be enclosed by walls or permanent structures. Parklets must be open to the air, except that a removable, temporary, awning, canopy, or umbrella, may be placed or constructed over the parklet. In order to provide sufficient pedestrian clearance, awnings, canopies and umbrellas shall have 7 feet of free and clear space from the road surface to the lower edge of the umbrella, awning or canopy. Fixed permanent roofing is not allowed.

(3)

Revocation of parklet permit. A permit may be revoked by the city upon a finding that the establishment has violated any terms of the permit; that the parklet causes a health/safety risk; that a city ordinance or state or federal law has been violated; the establishment or the parklet is not being adequately maintained; that the city has initiated an infrastructure improvement project in the parking space or public right-of-way; or upon a majority vote of the City Council.

(Ord. No. 5185, 10-7-08; Ord. No. 5979, §2, 5-16-17; Ord. No. 6332, §1, 7-14-20; Ord. No. 6456, §1(Exh. A), 7-6-21)

(A)

Purpose. Public rights-of-way are designed for free and unobstructed travel. However, the City of Fayetteville recognizes that certain development patterns with wide sidewalks are unique and that certain public amenities are not inconsistent with the underlying dedication for the public right-of-way, as long as they do not impede travel or interfere with the public safety. This ordinance is designed to regulate open air vending of goods on public rights-of-way.

(B)

Sidewalk Vendor Authorization. The City Planning Division may issue a permit for a sidewalk vendor to use a specific sidewalk or plaza location for specified hours to sell specified goods for up to a one (1) year period. The City Planning Division shall ensure that no permit is granted, unless:

(1)

The applicant has obtained all necessary permits from state or county authorities, including any transient merchant permit requirements.

(2)

The applicant has submitted a sales and use tax number, sales tax remittance forms and an affidavit that the applicant has fully paid all sales and use taxes during the previous twelve (12) months, if applicable.

(3)

The applicant has filed a HMR tax remittance form with the City of Fayetteville, when applicable.

(4)

The applicant has notified all adjacent property owners, by certified mail, of the application.

(C)

Permit Application. Each application for a permit to conduct business on a sidewalk shall be accompanied by a $133.00 application and permit fee. Permits issued after July 1st shall be accompanied by a $50.00 application and permit fee. Each permit will expire at 3:00 a.m. on January 1st following the year issued. The permit fee shall be collected prior to issuance of the permit

(1)

Application for a sidewalk vendor permit shall include the following items in a format acceptable to the City Planning Division:

(a)

Name, address and contact information.

(b)

Type of items sold or services rendered.

(c)

A valid copy of all necessary permits required by state and county health authorities.

(d)

Proof of application for remittance of HMR tax to the City of Fayetteville.

(e)

Means to be used in conducting business, including but not limited to, a description of any mobile container or device to be used for transport or to display approved items or services.

(f)

A site plan indicating the location and dimensions of the proposed use and device or pushcart.

(g)

A detailed scale drawing, picture or diagram and material specifications of the device or pushcart to be used.

(2)

The permit issued shall not be transferable in any manner.

(3)

The permit is valid for one sidewalk vending location only.

(D)

Permitted Vending Products and Goods.

(1)

The City of Fayetteville permits the following types of goods for street vending in approved locations:

(a)

Cut flowers.

(b)

Food and beverage.

(c)

Arts and Crafts: Only objects of art or craft produced and sold by a local artist or craft person may be sold by street vendors.

(2)

All goods being sold from sidewalk vendors shall:

(a)

Be located within the permitted area and be attended at all times. Sidewalk vendors shall not conduct transactions with vehicular traffic located in the right-of-way.

(b)

Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk.

(c)

Involve a short transaction period to complete the sale or render the service.

(d)

Not cause undue noise or offensive odors.

(e)

Be easily carried by pedestrians.

(E)

Pre-Approved Locations. Sidewalk vendors are permitted in specific locations in Fayetteville as a use by right. These locations have been determined by the City Council to have adequate sidewalk width, pedestrian traffic flow, and they minimize potential conflicts with existing businesses. Sidewalk vendors are not permitted to operate on days/times associated with special events, unless they have been approved and granted a Special Events Permit from the organization coordinating the special event. Maps of approved locations are available in the Planning Division. The locations where street vending is allowed as a permitted use are:

Inside of the Fayetteville Square. Sidewalk vendors may locate along sidewalks on all sides of the interior of the Downtown Fayetteville Square. On days/times that the Farmers' Market or other special events operate, sidewalk vendors shall only be permitted if approved through the Farmers' Market or special event permit process.

(F)

Alternative Locations. If an applicant wishes to operate as a sidewalk vendor in a location other than those specifically approved by the City Council, a permit must be obtained. Upon receipt of a permit application, the Planning Division shall review the proposed permit operating area to determine if the said area is suitable for street vending in accordance with this chapter. In making this determination, the Planning Division shall consider the following criteria:

(1)

The application meets all other criteria established herein for a sidewalk vendor, with the exception that the applicant may request that the cart, and/or operating area, may be larger than the dimension required in this chapter. An increase in cart size or operating area may be considered by the City Planning Division as a variance. The determination of a larger cart size and/or operation area shall be subject to the variance criteria in Section 156.03(C).

(2)

The number of permits issued for the street vending location shall not exceed the capacity of the area in terms of maintaining the use of the sidewalk as a public right-of-way, with a minimum 48-inch pedestrian access route that is free and clear of obstructions. The Planning Division shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to: signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as the presence of bus stops, truck loading zones, other sidewalk vendors or taxi stands to determine whether the proposed use would result in pedestrian or street congestion.

(G)

Requirements. Sidewalk vendors conducting business on the sidewalks of the City of Fayetteville with a valid permit issued under this chapter may transport and/or display approved goods upon the approved mobile device or pushcart, under or subject to the following conditions:

(1)

The operating area shall not exceed 40 square feet of sidewalk, which shall include the area of the mobile device, operator and trash receptacle. The Planning Division will provide a map of approved vendor locations.

(2)

The length of the mobile device or cart shall not exceed 7 feet, including the cart's trailer tongue or hitch that is not removed or collapsible, and any propane tanks or other attachments to the mobile device. The width shall not exceed 4 feet, including the carts wheel wells or tires, and any accessory components of the cart such as retractable or collapsible sinks or shelves.

(3)

The height of the mobile device or pushcart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet.

(4)

No permanent hardware shall be affixed to the sidewalk or adjacent buildings.

(5)

Mobile generators are prohibited.

(6)

No sidewalk vendor may conduct business on a sidewalk in any of the following places:

(a)

Within 10 feet of the intersection of the sidewalk with any other sidewalk. Sidewalk intersections shall be kept clear for pedestrian safety.

(b)

Within 10 feet of any handicapped parking space, or access ramp.

(c)

Within 15 feet of a fire hydrant.

(d)

Within 15 feet of an entrance to a building.

(7)

Street vending facilities shall be removed from the public right-of-way when not in use. Sidewalk vendors are only allowed to operate between the hours of 5:00 a.m. and 3:00 a.m. All carts shall be removed from the public right-of-way during non-operational hours.

(8)

Prior to final approval, Planning staff shall inspect the sidewalk vendor set up in the proposed location. The applicant shall make an appointment between the hours of 8:00 a.m. to 5:00 p.m. in which Planning staff will inspect the cart and all proposed accessories such as coolers, trash receptacle, chairs, etc. that the applicant is proposing for the site. Upon approval, sidewalk vendors shall display in a prominent and visible manner the permit issued by the Planning Division.

(9)

The Fire Marshal shall inspect and approve any food and beverage pushcart to assure the conformance of all cooking or heating apparatus with the provisions of the City Fire Code.

(10)

Sidewalk vendors who sell food and beverage are required to be permitted, and receive approval, through the Arkansas Department of Health and Human Services for food related establishments. A copy of the permit issued by the state, and inspected and approved by the Washington County Health Department, shall be supplied to the Planning Division prior to Planning Division approval.

(11)

Sidewalk vendors are required to provide a trash receptacle for public use located within their permitted operating space. All sidewalk vendors must pick up and properly dispose of all paper, cardboard, metal, plastic or other litter in any form (including cigarette butts) within the sidewalk area assigned to the vendor within thirty minutes of the end of daily operations. Failure to completely remove all such litter from the authorized sidewalk location shall constitute a violation of the permit approval.

(12)

No sidewalk vendor shall solicit, berate or make any noise of any kind by vocalization or otherwise, for the purpose of advertising or attracting attention to his wares. No audible amplified music shall be permitted.

(H)

Signage. Sidewalk vendors shall obtain a sign permit from the Planning Division prior to the issuance of a permit to operate. Sidewalk vendors are permitted a total of one (1) A-frame sandwich/menu board subject to Ch. 174 Signs regulating these types of signs. The menu board shall list the products and prices for the items being vended. Only products or services available at the vending location shall be displayed.

(I)

Revocation of the Sidewalk Vendor Permit. The City Planning Division is authorized to revoke a sidewalk vendor's permit if it is determined that a violation of the requirements of the Unified Development Code has occurred.

(Ord. No. 5185, 10-7-08; Ord. No. 5321, 5-18-10; Ord. No. 5459, 11-15-11; Ord. No. 5768, 5-5-15; Ord. No. 5979, §§3, 4, 5-16-17; Ord. No. 6846 meeting, §4, 2-18-25)

(A)

Purpose. The purpose of this section is to facilitate and control the ability of mobile vendors and mobile vendor courts to operate while ensuring such use is compatible with nearby properties, fosters an aesthetically appealing streetscape and does not create a dangerous traffic condition.

(B)

Definitions.

(1)

Food Trucks. A type of mobile vendor which is a motorized and operationally self-contained single vehicle equipped with facilities for cooking and selling food.

(2)

Food Trailers. A type of mobile vendor which is designed to be towed on public roads and having an enclosed area for storage, handling or preparation of food.

(3)

Other Vendors. Mobile vendors are not limited to operating out of a food truck or trailer.

(4)

Mobile Vendor Court. An outdoor commercial center with three (3) or more mobile vendors in a shared location.

(C)

Mobile Vendor Permit Requirements. All mobile vendors shall meet the following requirements and submittals prior to approval:

(1)

Each application for a permit to conduct a mobile vendor business shall be accompanied by a $125.00 permit review and processing fee. Mobile vendor permits shall be issued to the owner of the mobile vendor vehicle. This application will also serve as the vendor's business license that will be processed as such.

(2)

Application for a permit to conduct a mobile vendor business shall include the following items in a format acceptable to the Planning Division:

(a)

Name, address, and contact information of the mobile vendor applicant.

(b)

A valid copy of all necessary permits required by state and county health authorities which shall be conspicuously displayed at all times during the operation of the business.

(c)

Proof of application for remittance of HMR tax to the City of Fayetteville, when applicable.

(d)

Photograph of the proposed vending device from all angles.

(3)

The mobile vendor has the responsibility to dispose of all wastes in accordance with all applicable laws. Mobile vendors are not permitted to dispose of their trash in public trash receptacles.

(4)

The mobile vendor permit issued shall not be transferable in any manner.

(5)

The mobile vendor permit issued shall be conspicuously displayed at all times during the operation of the mobile vending business.

(6)

The proposed use must be a permitted use-by-right within the underlying zoning district, with the exception of outdoor mobile vendors that will operate in city parks as outlined in §97.086.

(7)

Mobile vendors shall comply with the Federal Americans with Disabilities Act (ADA) requirements if the public has access to the interior of any mobile vending unit.

(8)

Mobile vendors shall be required to renew their permit on an annual basis following the same timeframe as a standard business license renewal. As part of the renewal process, vendors shall submit an updated copy of the health department permit, HMR tax forms, and a re-inspection by the City Fire Department where applicable. Failure to renew a permit will be cause for revocation by the City Planning Division.

(D)

Mobile Vendor Courts. Mobile vendor courts may be permitted administratively in appropriate zoning districts. A property owner may request a permit from the Planning Division to develop a mobile court subject to the following standards:

(1)

The property owner has provided the Planning Division with a detailed site plan of the mobile vendor court showing the location and dimensional relationships of the property lines, all proposed mobile vendor locations, building setbacks, vehicle parking, sidewalk location and proposed dining or sitting areas. The applicant must also provide an overall plan for the provision of water, sewer, and electricity.

(2)

Site Improvement Requirements.

(a)

Site Design. Sites shall be improved with a barrier between vehicular and customer service areas, including ordering and dining areas. The barrier may be implied or physical and constructed with landscaping elements; gated fencing; changes in ground surface texture, material or color; or similar treatments. Sites which are not already paved with gravel or another hard surface shall improve their parking areas with gravel or other pavement designed in accordance with the Parking Lot Design Standards. With respect to landscaping requirements, the entire mobile vendor court shall be considered a parking lot and perimeter landscaping will be required in accordance with Parking Lot Landscape Standards.

(b)

Sanitation. Adequate restroom facilities, as defined by relevant building code, shall be provided either on-site or through a shared use agreement with a neighboring business. Portable toilets, if used, must be screened from view of the public.

(c)

Utilities. Above ground utility connections shall not interfere with pedestrian or vehicular safety and shall not be located in customer service areas or customer parking areas.

(d)

Mobile vendor courts shall not have continuous curb cuts or exacerbate a dangerous pedestrian condition. New courts may close continuous curb cuts or improve pedestrian conditions with temporary materials subject to approval of the City Planning Division. Acceptable materials include planters, plinths, benches, pavers, and other furniture. Temporary improvements installed by mobile vendor courts shall not reduce access for pedestrians with disabilities.

(E)

Allowable Locations. Permitted food trucks and trailers may operate in the following locations for up to twelve (12) hours each day, after which they must move to a new location which is out-of-view of the original location.

(1)

Marked parallel parking spaces, which are not reserved for residential use and provided the parking space is not in front of a business selling similar food. Service to customers shall be only on the sidewalk side of the vehicle to maintain public safety. Vendors are not exempt from paying the standard rate for the parking space.

(2)

Marked parking spaces within parks pursuant to City Code §97.086.

(3)

Private property zoned for food and beverage sales and with the owner's permission. A property owner may grant permission for a mobile vendor to operate on their property for more than the allowed 12-hour limit.

(4)

Parking spaces on the Downtown Square during the following standing events and within the areas designated for the events by the City Code or special event permit:

(a)

Farmers' Market.

(b)

Sundays on the Square.

(c)

Lights of the Ozarks. The 12-hour time limit does not apply to permitted food trucks and trailers managed by the Fayetteville Advertising and Promotion Commission during Lights of the Ozarks as authorized by §117.93 of the City Code.

(F)

Exemptions. The provisions of the Mobile Vendor ordinance do not apply to:

(1)

The placing and maintenance of unattended stands or sales devices for the sale or display of newspapers, magazines, periodicals and paperbound books.

(2)

The distribution of free samples of goods, wares and merchandise by any individual from his person.

(3)

Special events authorized by a special event permit from the City of Fayetteville Parking Management Division.

(4)

Fireworks sales.

(5)

Children's lemonade stands, or other similar children's stands

(6)

Temporary sales that operate for less than three (3) days. A tent permit from the Fire Marshal shall be obtained, as needed.

(7)

Temporary sales for non-profit entities that operate for less than five (5) consecutive days.

(8)

Non-profit organizations that prepare and donate or give away food for free.

(G)

Prohibited Conduct. The following conduct is prohibited for mobile vendors:

(1)

Obstruct pedestrian or vehicular traffic flow.

(2)

Obstruct traffic signals or regulatory signs.

(3)

Use of any device that produces a loud and raucous noise or operate any loudspeaker, light or light system, public address system, radio, sound amplifier, or similar device to attract public attention.

(4)

Conduct business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.

(5)

Use or display any signage that is not in compliance with the Unified Development Code Chapter 174, Signs.

(H)

Suspension and Revocation of Permit. Any permit issued under these regulations may be suspended or revoked by the Development Services Director for any of the following reasons:

(1)

Fraud, misrepresentation or knowingly false statement contained in the application for the permit.

(2)

Conducting the business of mobile vending in a manner contrary to the conditions of the permit.

(3)

Conducting the business of vending in such a manner as to create a public nuisance, cause a breach of the peace, constitute a danger to the public health, safety, welfare or interfere with the rights of abutting property owners.

(4)

Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations.

(I)

Notification of Suspension or Revocation. The Development Services Director shall provide written notice of the suspension or revocation in a brief statement setting forth the complaint, the grounds for suspension or revocation and notifying the vendor or the property owner of his/her right to appeal to the Planning Commission. Such notice shall be personally delivered, posted upon the mobile vendors' premises or mailed to both the address of the property owner and the address of the mobile vendor shown on the permit holder's application by certified mail, return receipt requested.

(Ord. No. 5185, 10-7-08; Ord. No. 5425, 8-2-11; Ord. No. 5498, 05-01-12; Ord. No. 5666, 3-18-14; Ord. No. 5979, §§5, 6, 5-16-17; Ord. No. 6707, §2, 11-21-23; Ord. No. 6846 meeting, §5, 2-18-25; Ord. No. 6877 meeting, §2(Exh. B), 5-20-25)

Editor's note— Ord. No. 5979, §7, adopted May 16, 2017, repealed §178.05, which pertained to food truck and food trailer limited time permits and derived from Ord. No. 5666, adopted Mar. 18, 2014; and Ord. No. 5699, adopted July 15, 2014.

All transient merchants are subject to regulations and registration under Arkansas state statutes. Any criteria established herein shall not relieve the applicant from meeting applicable criteria relative to transient merchants. "Transient merchant" means any person, firm, corporation, partnership, or other entity that engages in, does, or transacts any temporary or transient business in the state, either in one (1) locality or in traveling from place to place in the state, offering for sale or selling goods, wares, merchandise, or services.

(Ord. No. 5185, 10-7-08; Ord. No. 5666, 3-18-14)

(Ord. No. 5185, 10-7-08; Ord. No. 5666, 3-18-14)