This section governs the sale of products from pushcarts on private property and on public rights-of-way within the City. It shall be a violation to sell any product from a pushcart at any location except in compliance with the requirements of this section. The POD shall establish such additional rules and procedures as are reasonable and necessary for the regulation, control and enforcement of pushcarts within the City. The City Council may establish such fees as it determines to be reasonable and appropriate to administer this section.

(Code 1992, § 16.50.450.1)

Retail sales of flowers, plants, fruits, vegetables, beverages, hot dogs, and other pre-cooked and pre-packaged foods including hamburgers, sandwiches, ice cream and snack-type edibles from pushcarts shall be a permitted accessory use on property in all commercial zoning districts and on property in other districts with a principal permitted or special exception commercial use. Pushcarts shall be prohibited on vacant property and undeveloped property. Pushcarts shall have the written permission of the property owner or current tenant closest to the pushcart and shall not be placed on any location that impedes the ingress or egress of other businesses, building entrances or emergency exits. Pushcarts shall be located at least 100 feet from a previously permitted restaurant which is not located on the same lot or property. Pushcarts on private property shall be attended at all times and may operate only during the business hours of the adjacent business.

(Code 1992, § 16.50.450.2; Ord. No. 957-G, § 1, 10-15-2009; Ord. No. 1029-G, § 51, 9-8-2011)

The POD is authorized to issue permits for the retail sale of flowers, plants, fruits, vegetables, beverages, hot dogs, and other pre-cooked and pre-packaged foods including hamburgers, sandwiches, ice cream and snack type edibles, from pushcarts on rights-of-way lying between Bayshore Drive and 8th Street, and between 5th Avenue North and 5th Avenue South, including both sides of the rights-of-way of the boundary streets. Vendors shall comply with state, county and municipal health laws and ordinances. Cooking of raw food shall not be allowed on pushcarts, however, the heating of pre-cooked foods shall be allowed. Alcoholic beverages shall not be sold from a pushcart. A sale to any person in or on a vehicle is prohibited.

(Code 1992, § 16.50.450.3; Ord. No. 1029-G, § 51, 9-8-2011)

A pushcart shall be designed for retail sales and mounted on at least two wheels that have a diameter of not less than eight inches. A pushcart shall be no larger than 5½ feet in width, ten feet in length and eight feet in overall height; shall not be propelled by an internal combustion engine, electric motor or other similar mechanical device; and when fully loaded with merchandise, shall be movable by one person. Any canopy or umbrella shall not overhang the pushcart by more than two feet. Pushcarts may include a cooking apparatus or grill top for the heating of pre-cooked foods only, in accordance with this section and state regulations. Pushcarts shall have no features which would be a nuisance or hazardous to public safety.

(Code 1992, § 16.50.450.4; Ord. No. 1029-G, § 51, 9-8-2011)

Pushcart vending is prohibited before 7:00 a.m. and after 1:00 a.m. and shall take place only at approved locations. Pushcarts may not be placed at their approved location prior to 7:00 a.m. and must be removed at the close of business each day. Pushcarts shall be attended at all times. The pushcart shall be required to have three-inch-wide reflective tape on all sides for higher visibility and the operator shall not keep cash in plain sight. It is recommended that operators the operator shall have a cellular telephone in their possession at all times, not staff the pushcart alone, that they have a cash management system to limit the available cash on hand, and that they provide signage stating that they have limited cash. Extended hours shall not exempt the pushcart from any other pushcart requirements including the restrictions on pushcart operation during special events and co-sponsored events.

(Code 1992, § 16.50.450.5; Ord. No. 957-G, § 2, 10-15-2009)

A permit issued for pushcart vending on the right-of-way shall be issued for a specific location on the sidewalk in the right-of-way subject to the following conditions:

1.

Pushcarts shall not be allowed in medians.

2.

Pushcart vending locations on rights-of-way shall be at least 100 feet from any restaurant on the same block face (measured from the closest wall of the restaurant).

3.

Pushcart vending locations shall be at least 100 feet apart.

4.

No more than two pushcart locations shall be permitted on each side of a block bounded by intervening streets or avenues.

5.

Pushcarts with a valid permit for a specific location which was issued prior to the issuance of a certificate of occupancy for a restaurant shall be grandfathered at that location for so long as the permit is continuously renewed and does not expire or is not revoked.

6.

Pushcarts shall be located a minimum of 18 inches from the back of the curb and shall leave an unobstructed space not less than six feet wide for pedestrian passage.

7.

Pushcarts shall not be located within five feet of any crosswalk or fire hydrant, and shall not block any ingress or egress from a building entrance or emergency exit.

8.

The permitted pushcart vending location shall not exceed five and one-half feet in width and ten feet in length. Accessory equipment, such as coolers and storage crates, shall be located within the permitted area and shall be kept in a neat and orderly fashion.

(Code 1992, § 16.50.450.6; Ord. No. 893-G, § 38, 9-4-2008)

Pushcarts and their attendants shall not cause damage to any vegetation on the right-of-way. Damaged vegetation shall be immediately replaced by the pushcart permittee upon demand by the POD.

(Code 1992, § 16.50.450.7)

Each pushcart shall be required to obtain the appropriate business tax receipt and state or county health certificates, and, if in the right-of-way, the permit which identifies the permitted locations for the pushcart.

1.

Permits issued for pushcarts on the right-of-way shall be limited to one year but may be renewed annually.

2.

Applicants for pushcart vending permits may obtain a permit for not more than two locations in the right-of-way for each operable pushcart which they own. Permits are not transferable to another person.

(Code 1992, § 16.50.450.8)

A.

By applying for a pushcart permit, any person or entity owning or operating such use agrees to indemnify, defend, save and hold harmless the City, its officers, agents and employees from any and all claims, liability, lawsuits, damages and causes of action which may rise out of such activity. The owner or operator shall enter into a written agreement with the City to evidence this indemnification. Such agreement must have the written approval of the City Attorney prior to operating such use.

B.

The owner or operator shall acquire and keep in full force and effect, at its own expense, insurance in the following amounts and types:

1.

Commercial general liability in the amount of at least $500,000.00 per occurrence for bodily injury and property damage. The City shall be named as an additional insured on the policy and an endorsement shall be issued as part of the policy evidencing compliance with this requirement.

2.

Workers' compensation and employers' liability as required by the State.

3.

All policies must be issued by companies authorized to do business in the State and rated B+; VI or better per Best's Key Rating Guide, latest edition.

4.

The City shall receive at least 30 days' written notice prior to any cancellation, non-renewal or material change in the coverage provided.

5.

Any person or entity operating a pushcart shall provide and must have approved by the City's risk manager, an original certificate of insurance as evidence that the above requirements have been met prior to the initiation of the pushcart operation. Failure to comply with all these requirements shall cause a suspension or revocation of all pushcart activities.

6.

The insurance policy shall be in effect from October 1 until September 30 of the following calendar year.

(Code 1992, § 16.50.450.9)