(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)