HomeMy WebLinkAbout1996-046 Sidewalk vending carts ORDINANCE NO -96- 46
AN ORDINANCE relating to businesses conducted on sidewalks in the City of
Yakima, and allowing businesses involving sidewalk vending
carts, and amending all sections of chapter 5.80 of the Yakima
Municipal Code accordingly
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA, WASHINGTON
1 SECTION 1. Section 5.80 010 of the City of Yakima Municipal Code is hereby
2 amended to read as follows.
3 5.80.010 Permit required.
4 It is unlawful to operate a sidewalk cafe conduct business upon any public
5 sidewalk without a written permit to do so from the code administration manager or
6 designee
7 SECTION 2. Section 5.80.020 of the City of Yakima Municipal Code is hereby
8 amended to read as follows.
9 5.80.020 Permit - Application - Fee.
1 0 A. The owner or occupier of the property adjacent to a public sidewalk proposed
1 1 for a sidewalk cafe, or the owner of a sidewalk based vending cart, may apply, in
1 2 writing, for a sidewalk cafe /sidewalk vending permit to the code administration
1 3 manager or designee Such person shall provide the following information on an
411 4 application furnished by the code administration manager or designee:
1 5 1 Name and address of applicant;
1 6 2 Scale drawing together with the address of proposed site of sidewalk cafe,
1 7 including the number of tables and chairs,
1 8 3 Kind of business applicant operates on the adjacent property, if applicable,
1 9 4. Schedule of days and hours of operation,
2 0 5 Proof of necessary permits in the operation of a food service establishment;
2 1 6 Whether an applicant plans to serve liquor within the proposed sidewalk cafe
2 2 7. A letter signed by all adjacent property owners, if different from the applicant,
2 3 consenting to a sidewalk cafe or sidewalk vending cart at the proposed location.
2 4 B At the time of application, the applicant shall pay a nonrefundable fifty dollar
2 5 permit fee
2 6 SECTION 3 Section 5.80.030 of the City of Yakima Municipal Code is hereby
2 7 amended to read as follows:
2 8 5.80.030 Permit issuance.
2 9 A. The code administration manager or designee shall issue a sidewalk
3 0 cafe /sidewalk vending permit if the information on the application is found to be
3 1 true and correct, the applicant is otherwise in compliance with this chapter and the
t 3 2 applicant agrees to any conditions on such permit.
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3 3 B The code administration manager or designee may condition the issuance of
10 3 4 such permit on any or all of the following factors in the interest of public health,
3 5 safety and morals.
3 6 1 Dates and hours of operation,
3 7 2. Number and placement of carts, chairs, tables, and barriers,
3 8 3 Periodic cleaning of sidewalk area,
3 9 4. Accommodations of access and deliveries to other businesses,
4 0 5 Signage, lighting, and illumination.
4 1 C Nothing in this chapter shall be construed to allow a sidewalk cafe or sidewalk
4 2 vending cart where is not otherwise allowed by law
4 3 SECTION 4. Section 5.80 040 of the City of Yakima Municipal Code is hereby
4 4 amended to read as follows.
4 5 5.80.040 Annual renewal - Nontransferable.
4 6 A sidewalk cafe /sidewalk vending permit shall expire one year after its issuance.
4 7 It shall be nontransferable
4 8 SECTION 5 Section 5.80.050 of the City of Yakima Municipal Code is hereby
4 9 amended to read as follows.
5 0 5.80.050 Indemnity
MI 5 1 Prior to the issuance of any permit, the applicant for a sidewalk cafe shall execute
5 2 and deliver to the city upon a form supplied by the code administration manager an
5 3 agreement in writing and acknowledged by the applicant forever to defend,
5 4 indemnify and hold harmless the city and its elected and appointed officials,
5 5 employees, volunteers, and agents from any and all claims, actions or damages of
5 6 every kind and description which may accrue to, or be suffered by, any persons by
5 7 reason of or related to the operation of such sidewalk cafe or vending cart. In
5 8 addition, such agreement shall contain a provision that the permit is wholly of a
5 9 temporary nature and that it vests no permanent right whatsoever
6 0 SECTION 6 Section 5.80.060 of the City of Yakima Municipal Code is hereby
6 1 amended to read as follows.
6 2 5.80.060 Liability insurance required.
6 3 Prior to the issuance of any permit, the applicant shall file with the code
6 4 administration manager evidence of comprehensive public liability insurance. The
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6 7 coverage for any single accident of occurrence, and fifty thousand dollars property
6 8 damage - coverage. The city of Yakima shall be an additional insured party on such
6 9 policy. such policy shall insure against liability from injury or damage resulting
0 7 2 permit.
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7 3 A. Prior to the issuance of any permit, the applicant shall file with the code
.7 4 administration manager or designee evidence of commercial liability insurance. A
7 5 certificate of insurance must be submitted which conforms to the following
7 6 requirements.
7 7 1. Minimum liability limits of $500,000 combined single limit for bodily injury
7 8 and property damage claims.
7 9 2. The City of Yakima, its elected and appointed officials, employees, volunteers,
8 0 and agents shall be listed as additional insureds.
8 1 3. The insurance company writing coverage must be admitted to do business in
8 2 the State of Washington and have an A -VII or better rating in Best's Guide.
8 3 4. The certificate shall provide that if the insurance policy is canceled by the
8 4 insurance company or insured during the term of the contract, the insurance
8 5 company will provide the City with 30 days written notice prior to the effective date
8 6 of cancellation. Under the cancellation section of the certificate, the words
8 7 "endeavor to" and "but failure to mail such notice shall impose no obligation or
8 8 liability of any kind upon the company, its agents or representatives ", or any other
8 9 language to that effect, shall be crossed out.
9 0 5. A copy of the additional insured endorsement shall be included.
9 1 B. Providing insurance coverage in the above required amount shall not be
9 2 construed to relieve the permit holder from liability in excess of such limits. The
9 3 insurance coverage provided by the permit holder will be primary and not excess of
09 4 any other available coverage.
9 5 SECTION 7 Section 5.80.070 of the City of Yakima Municipal Code is hereby
9 6 amended to read as follows.
9 7 5.80.070 Revocation of permit - Appeal
9 8 A. The code administration manager may revoke any permit issued under this
9 9 chapter Upon revocation, written notice shall be given to the permit holder that
0 0 such permit is revoked Such notice shall be given not less than thirty days prior to
01 the effective date of revocation specified in such notice The notice shall be in
0 2 writing and state the reason for revocation and shall be personally delivered to the
0 3 permit holder or mailed to the permit holder at the address specified in the
0 4 application.
0 5 B Prior to the effective date of the revocation, the permit holder may appeal such
0 6 revocation to the city manager in writing Such appeal shall be deemed waived
0 7 unless it is made within the time and manner described in this section. Upon receipt
0 8 of a timely appeal, the city manager shall hold a hearing, after written notice to the
0 9 permit holder of the time, date, and place of such hearing The manager shall
10 determine if there was adequate cause of revocation. Pending hearing, such permit
1 1 shall remain in effect.
1 2 C If the code administration manager finds that continued operation of a
13 sidewalk cafe or vending cart is unsafe or dangerous the code administration
• 14 manager may, in conjunction with such revocation, require the permit holder to
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115 cease all sidewalk eafe operations immediately and remove all furniture barriers
1.16 from the sidewalk area covered by the sidewalk cafe /sidewalk vending permit.
117 SECTION 8 Section 5.80.080 of the City of Yakima Municipal Code is hereby
118 amended to read as follows.
119 5.80.080 Unlawful actions.
120 A. It is unlawful for a permit holder to fail to maintain the sidewalk area of a
121 sidewalk cafe or vending cart free of litter
122 B It is unlawful for a permit holder to fail to provide a pedestrian walking space
123 immediately adjacent to the sidewalk cafe or vending cart area of one -half of the
124 width of the total sidewalk area used for a sidewalk cafe or vending cart.
125 C It is unlawful for the permit applicant to furnish false information on a permit
126 application for a sidewalk cafe /sidewalk vending permit.
127 D It is unlawful for a permit holder to fail to comply with any term or condition
128 of a sidewalk cafe /sidewalk vending permit.
129 SECTION 9 Section 5.80.090 of the City of Yakima Municipal Code is hereby
130 amended to read as follows.
131 5.80.090 Nuisance.
132 It shall be a public nuisance to operate or maintain a sidewalk cafe or vending cart
133 on the public right -of -way without a permit issued under this chapter In cases of
8 34 such public nuisance, the city may prosecute an action in the Superior Court for
35 Yakima County for abatement, injunction or other appropriate remedy
136 SECTION 10 This ordinance shall be in full force and effect 30 days after its passage,
137 approval, and publication as provided by law and by the City Charter
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PASSED BY THE CITY COUNCIL, at a regular meeting and signed and
approved this 25 t h day of June ,1996.
John Puccinelli, Assistant Mayor
ATTEST
City Clerk
Publication Date. June 28, 1996
Effective Date: July 28, 1996
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