HomeMy WebLinkAbout794-02 Vending 1IIIIIIIIIIIIIIIIIIIII11 II I11111ilIIIIIIIi1111111111111
2002023773
Rcpt: 565382 Rec: 46.50
ORDINANCE NO. 794-02 DS: 0.00 I T: 0.00
02/13/02 Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS ESTABLISHING GUIDE
LINES FOR VENDORS WITHIN THE CITY LIMITS
OF THE CITY OF ZEPHYRHILLS; PROVIDING
FOR DEFINITIONS; PROVIDING FOR
CATEGORIES FOR VENDORS; PROVIDING FOR
LOCATIONS; PROVIDING FOR FEES AND
SPECIAL ASSESSMENT; PROVIDING FOR AN
EFFECTIVE DATE. ' JED PITTMAN PASCO COUNTY CLERK
02/13/02 11:21am 1 of 10
OR BK 4859 PG 61
BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida, as follows:
Section 1. Definitions
1.01 Street Vendor ("Vendor"). Any individual, firm, partnership,joint
venture, syndicate, or, other group, or combination acting as a unit,
association, corporation, government agency or religious body, engaged in a
performance, or in the sale, exhibition, or distribution of products, services,
or information, or in collecting,demographic data, from a stationary location
on a public street (which is public through dedication or easement), park or
public right-of-way.
1.02 Street Vendor Locations. Approved sites that street vendors may
i
operate for business at the following locations: Times Square Park (1); 5th
Avenue Pocket Park(1); SW corner of 7th Street and 5th Avenue seat wall (1);
and 5th Avenue seat wall directly across from movie theater (1). Zephyr Park
(2). Other locations may be added upon review and approval by the City of
Zephyrhills.
1.03 Special Event. Any, privately sponsored activity, or a City co-
sponsored activity, requiring the use of a portion of a public street (which is
public through dedication or easement) or public right-of-way, or public park
within the District, which exceeds the spatial measurements of seventeen (17)
feet in length, ten (10) feet in width, and ten (10) feet in height.
1.04 District. The district i' herein defined as those locations specified in
Section 1.02 above.
Section 2. Categories for Vendors
2.01 The types of businesses or activities that are permitted shall consist of the
following:
(A) Arts/Crafts — The sale of original items which are personally
crafted or one-of-a-land.
(B) Flowers — The sale'' of flowers in one of the following sub-
categories: 1) silk/artificial; 2) cut/ arranged fresh flowers; 3)
potted plants.
Record and Return to: V.-=N
City Clerk's Office
5335 8th Street 0
Zephyrhills, FL 33540
q 6
OP BK 4859 PG 62 ,
2 of 10
(C) Public Service Exhibition- The exhibition, sale or promotion of
a service or product by a charitable organization that contributes
a public service to the community. '
(D) Special Events Vendors-Vendors approved for scheduled special
events.
(E) Miscellaneous-The sale or exhibition of products or services not
previously described herein but which may be deemed appropriate
from time to time.
(F) Holiday/Seasonal-The sale or exhibition of products or services
in keeping with a "holiday" or seasonal theme, not previously
described herein, but which may be deemed appropriate for limited
time periods. Commercially produced and manufactured items
(i.e. sunglasses, clothing, jewelry, fireworks, etc.) are not
considered appropriate under category.
(G) Food Vending - The sale of food intended for immediate
consumption.
2.02 Vendors in Zephyr Park and located within the downtown district
shall be self contained and not utilize the city's electrical service. Any
vendor operating at the time of the passage of this ordinance and utilizing
the city's electrical service shall be granted authority to continue such
usage (grandfathered in) for the duration-of-their lease agreement with
the city. Those vendors shall pay an additional fee of Twenty Dollars
($20.00) per month to reimburse cost of the city's electric.
Section 3. Vendor Application Procedures
3.01 Application Fee: Exemptions. Applicants for all categories of
street vending shall be subject to a $25.00 application fee.
3.02 Application Information. Applications for all categories of street
vending may be obtained from the Building or Planning Departments.
Along with the required application fee, applications shall be accompanied
by an inventory list and a photograph or artist's rendering clearly depicting
the dimensions, colors and materials of any cart or stand to be used. All carts
or stands must meet the requirements set forth in Section 6 of these
- Guidelines. —
All Food Vendor applicants shall be given a copy of these Guidelines
and charged with knowledge thereof.
3.03 Payment of Fee. The application fee shall be in the form of a
check, a cashier's check, or money order made payable to the City of
Zephyrhills, which shall be deposited into the City's tax incremental fund.
3.04 Application Review.
(A) All Vendor Categories.
OR BK 4859 PG 63
3 of 10
1) Upon initial screening and review of vendor applications, the Site Plan
Review Committee will determine if the application is complete and
meets the criteria set forth in these guidelines. Incomplete and/or
incorrect applications will be returned to the applicant with notice stating
which information applicant failed to supply or the criteria not met.
2) Applicants may be asked to attend a Site Plan Review Committee
meeting to submit samples of his/her product, in person, prior to being
granted approval.
3) Director of Main Street Zephyrhills will be advised of all applications
received and may attend Site Plan Review Committee meetings.
3.05 Notice of Approval/Disapproval.
(A) Applicants will be notified by letter of the Site Plan Review
Committee's approval or disapproval no later than ten (10)
working days following the scheduled meeting or submission of
application to the Director of Development. Letters of disapproval
shall state the reason for denial therein.
(B) Prior to signing a Liease Agreement, annually contracted Vendors
shall appear before the Site Plan Review Committee for final
review of the cart or stand to ascertain that it is identical to the
equipment presented in the initially approved drawings or
photographs:
Section 4. Licenses, Permits and Insurance
4.01 Requisite Permits/Liclenses. Prior to operation, Vendors shall obtain
any necessary licenses, permits and tax information from appropriate
governmental agencies.
4.02 Vendor Insurance. Prior to operation, Vendor applicants shall
provide the City of Zephyrhills with evidence of commercial general liability
insurance with a minimum bodily injury and property damage combined
single limit of not less than $300,000 per each occurrence and annual
aggregate. Such coverage shall include premises and operations, independent
contractors, products liability, personal and advertising injury, and contractual
liability coverage. All insuraricei shall be from companies duly authorized to
do business in the State of Florida and acceptable to the City. Insurance
coverage must be evidenced by a properly executed Certificate of Insurance
on forms which are acceptable to the City. The certificate must be manually
signed by the authorized representative of the insurance company and must
name the City as additional insured as to the operations of the Vendor. Thirty
(30)days written notice by registered or certified mail must be given the City
of a cancellation, intent not to renew or reduction in the policy coverages.
Renewal certificates shall be provided to the City at least 10 days prior to
OR BK 4859 PG 64
4 of 10
expiration of the current coverage. The insurance coverages required herein
are to be primary to any insurance carried by the City or any self-insurance
program thereof.
Section 5. Operational Guidelines
5.01 Lease Agreement. If a Vendor's application has been approved and
space is available, Vendor shall enter into a Lease Agreement with the City
of Zephyrhills for rental of space. The approved Vendor shall have thirty (30)
days from the date of notification of approval to enter.. into said Lease
Agreement and be present in the approved location. Failure to meet the thirty
(30) day deadline will result in revocation of the Vendor's approval.
Requests for extension of the deadline must be made to the Site Plan Review
Committee, in writing, at least fourteen (14) days prior to the deadline date.
The decision of the Site Plan Review Committee shall be final. The Vendor
shall be present during the days and times stated in the Lease Agreement.
The City of Zephyrhills may take action to terminate a Lease where the
Vendor fails to occupy the leased space under the terms of the Lease
Agreement for Vendors. Vendors operating under a Lease Agreement are
required to notify the Building Department of any changes in name, address,
phone number, or commissary, with five (5) working days of such change(s).
Failure to notify the Building Department of such change(s) may result in
termination of the Lease Lease shall be-for no more than one (1)
year, and must be renewed each year.
5.02 Waiting List. If space is unavailable for an approved Vendor, he or
she shall be placed on the waiting list based on his or her date and time of
approval. The list will be maintained by the Building and Planning
Departments and as space becomes available for a particular category,
Vendors will be contacted in order of their appearance on the waiting list. A
prospective Vendor who declines an offer for space will, upon first refusal,
be dropped to the last position on the waiting list completely. Individuals on
the waiting list are advised to promptly notify the City of any change of
address or phone number.
5.03 Operations Permit. Upon execution of a Lease Agreement, Vendors
shall obtain an Occupational License and pay all applicable fees to the City
of Zephyrhills. Said permit shall contain the name, category and location of
the Vendor and must be conspicuously displayed at all times.
5.04 Assigned Space: Dimensions. Approved Vendors shall be limited to
one assigned space in the location specified. Dimensions for each space shall
not exceed 10'in length, 6'in width and 8'in height. Vendor tables and chairs
shall be permitted if no public seating is available and located within 6' of the
vendor. Placement location shall be included in the application and approved
G
OR BK 459 PG 65
5 of 10
at the time of issuance of any permits.
5.05 Hours of Operation. 'Hours of operation for Vendors (with the
exception of Special Event Vendors, who may only operate during the time
prescribed in the Notice of Approval issued by the Site Plan Review
Committee) shall be from 7:00 a.m.,-7:00 p.m., Monday—Saturday
and Sunday from 12:00 p.m.,-7 p.m., except on Special Event Days.
5.06 Special Event Coordination. If a Vendor who has a Lease
Agreement-wishes to participate in the Special Event they shall make
arrangements with the Coordinator of the Special Event. •
5.07 Application for Relocation. After four (4) months of successful
operation, Vendors may make,application to relocate (see also: Section 5.02).
An application fee of$25.00 must accompany such a request. Any Vendor
who wishes to relocate will have his/her application request reviewed, and,
given approval, will be included on the Vendor waiting list (Section 5.02 of
these Guidelines) based on the date and time of approval.
5.08 Assignment of Specific Vendor Locations. The Site Plan Review
Committee shall assign Vendor locations and reserves the right to relocate
any operating Vendor during 'the term provided; however, the Site Plan
Review Committee must give 48 hours notice to any Vendor so affected.
5.09 Limitation on Vendor Sales. Vendors shall be limited to the display
or sale of product(s) or service(s) as specified on their letter of approval
and/or Lease Agreement for;Vendor and it shall be understood that Vendor
• cannot sale items being sold in stores during normal business day.
Amendments to the originally'approved product(s) or service(s) must be
approved by the City of Zephyrhills and must comply with these Guidelines;
however, no amendment will be considered prior to ninety (90) days of
operation as a Vendor. An application fee of$25.00 must accompany each
request for amendment. In addition, food Vendors must submit written State
Department of Business Regulations approval for each food item they wish
to sell.
5.10 Obscene Sales Prohibited. No item of an obscene nature shall be
sold or displayed by Vendors.
5.11 Site Check; Violations. The Building Department may conduct site
checks to determine if Vendors are in compliance with these Guidelines.
Upon inspection, Vendors will be issued a site check notification letter which
indicates specific guideline violations. Vendors will be given five (5) working
days to correct cited violation's. ;Upon the receipt of two cited violations, the
Site Plan Review Committee 'may issue a notice terminating a Vendor's
Lease. Vendors are required to notify the City during absences necessitated
by illness or vacation periods. Failure to do so may result in the issuance of
(
•
OR BK 4859 PG 66
6 of 10
one or more site check notification letters and possible termination of the Lease
Agreement (see also Section 5.01).
5.12 Deliveries: -Sale of food or other items must be made from the carts
or stands; deliveries are prohibited during operating hours.
5.13 Waste Removal. Vendors shall be responsible for the cleanliness of
their assigned display areas and for all waste removal at outside locations.
Vendors are specifically prohibited from dumping waste anywhere, including
but not limited to, City trash receptacles, storm sewers, planters, etc. Vendors
found to-'be in violation of this section will be finedthecost of cleanup.
5.14 Additional Requirements for Zephyr Park. Vendors in Zephyr Park
should be self contained and not use the City's electricity. Self contained
units should be designed to provide safety and appearance that currently
exists. Therefore, vendors shall provide their own-power. Zephyr Park shall
be allowed two (2)vendors. One location shall be in the parking lot near the
tennis courts. The other location shall be in the south parking area near the
new play ground. The existing vendor may have the first choice of location.
Cart sizes in the park shall not exceed 12 x 7 feet.
Section 6. Display, Cart, Stand, and Attire Guidelines
6.01 Display, Cart, Stand, and Attire Guidelines.
(A) General Restrictions applicable to carts and stands are as follows:
- _ -I)-Any unit designedto dispen5e'fo6d=must submit-either a Food Service
License from the State Department of Business Regulations or a Food
Permit from the State Department of Agriculture prior to operation.
2) The display area including the Vendor's cart or stand must be
maintainedin the approved format.
=3) Vendor-carts and stands will be subject to review. This physical
inspection may be followed by a letter indicating the type of refurbishment
needed(if any) to keep the cart or stand-in compliance with Section 6 of
these Guidelines. Vendors will be given a maximum of one month to
make changes to the cart or stand.
4) Vendors shall not post or exhibit, nor allow to be posted or exhibited,
any.signs, advertisements, photographs, showbills, or posters or any
•description, unless prior written approval is obtained.
5) Any carton or containers used to transport merchandise must be
concealed at all times.
6) All display materials shall be promptly removed at the close of each
day's operating hours.
7) No merchandise to be sold shall be displayed on the ground without
prior written approval.
8) No display shall be set up outside the designated areas.
II I
OR BK 4859 PG 67
• • 7 of 10
9) Vendors shall be responsible for the cleanliness of their assigned
display areas and for all waste removal at outside locations.
10)No freestanding containers apart from the cart will be permitted.
11) Vendors conducting;business will be expected to be dressed in
appropriate attire. Casual clothing, such as slacks, Bermuda-length (mid-
thigh) shorts, shirts, standard T-shirts, dresses and skirts, is considered
acceptable.
(B). All Food Vendors must provide an, aesthetically pleasing cart.
Restrictions for cart construction are as follows: Please refer to
attachment #1 and #2 [illustrations] for additional information.)
1) A maximum of three (3) colors may be used for each cart. Silver or
aluminum finish color on the main body of the cart is prohibited — cart
must be painted with a dominant color and accent colors.
2) If exterior lights are incorporated onto the cart, the light source must
be a steady light (no flashing lights) and it must be concealed or another
acceptable method of indirect lighting must be provided
3) The main body of the cart must be metal, wood or formed/molded
plastic.
4) Each cart must have fender skirts for rubber tires. If the cart has large
wheels made of wood, fender skirts are not required.
5) Menu boards or signs 'must be incorporated as.a part of the overall
design of the cart, i.e., menu boards must not look like supermarket sale
signs, attached with no visual order.
6) All signs, pictures, or graphics must be in visual harmony with the
cart. Giant signs, which are inot in proportion to the cart, are prohibited.
7) The top portion of the cart(roof, canopy, cover, etc.) must be canvas
I
or standing seam metal and'cover the majority of the cart. For example,
a very small umbrella over a large cart is not permitted. Asphalt and
wood shingles on cart roofs or canopies are prohibited.
8) Trailer hitches must be concealed to avoid injury.
9) Serving areas on top of carts may be made of whatever material is
appropriate for food preparation: metal, tile, formica, etc.- -
10)Maximum overall-dimensions-for all Vendor carts areas-follows: Ten
(10) feet in length (including hitch, etc.) six (6) feet in width (including
overhangs, counters, tire fenders, etc.), and eight (8) feet in height
(measured from the surface the tire or wheel sits on to the upper most
limit of the roof or canopy, including any vent structure).
11) All carts must have wheels with the minimum diameter of
eighteen (18) inches. Carts on very small wheels or castors are
prohibited.
OR BK 4859 pG 68 -
8 of 10
Section 7. Fees and Special Assessments
7.01 ;Rental Fee Schedule for Vendor spaces shall be as follows:
$50.00 per month to be•placed in a special line item in the General Fund for
the Community Redevelopment Area Tax Incremental Fund (TIF). The
Rental fees will be reviewed on an annual basis.
7.02 Due Date, Payment of Rental Fees. The Rental Fee shall be in the
form of a check, cashier's check, or money order made payable to the City of
Zephyrhills. All permit, special assessment and rental fees are due and payable
by the first of each month. Rental payments may be made up until the 10th of
each month without penalty; however, payments made after the 10`h will be
subject to a late fee of$10.00. Vendor payments delinquent beyond the 15th
of any given month will be considered in default of the Lease Agreement and
the Vendor subject to removal from is/her location. Any Vendor so affected
may make a new application for a vending location within the District, but will
not be guaranteed his/her prior location nor immediate re-entry.
Section 8. Special Events
Vendors with permits to operate in the downtown district or at Zephyr Park
shall be exempt from any fees levied by any community-based organization during
special events held in the respective areas, i.e.,the downtown district or at Zephyrhills
Park. The Vendors shall be eligible to operate their vendor stand during these events.
- --Section ?:_=Ig1`e;tiJi Obis: - -
This Ordinance shall become effective immediately upon its passage.
The'foregoing Ordinance No. 7qV-0,', was read and passed on its first
reading in open;and regular meeting by the City Council of the City of Zephyrhills,
Florida,- l thig / ::day of ,C�'' ,,,
, -n,1 , A.D., 2001.
C.) .• • \\ , OL/IbC CVY27teZi
. C TiL. COMPTON
y 6�'- �y; , President of City Council
At*t: Q
c(city.Clerk'tINDA D. BOAN
LktY
- F �
-The foregoing Ordinance No. 7°/L-°D,was read and passed on its second reading
in openand re ular meeting by the City Council of the City of Zephyrhills, Florida,
on th ` day'of , A.D., 2002.
! tr) CATHI L. COMPTON
; k.t•S rPresident of City Council
-Attest: _ i.
Vity,Clerk;L'l dl)A D:BOAN
Thetfardgbing Ordinance No. 791-0a. was approved by me this // day
of �- A.D., 2002.
... .......
` 1 _ •
A. 10Y : RNSIDE, Mayor
•
OR BK 4859 PG 69
9 of 10 •
VENDOR CART ILLUSTRATIONS
ATTACHMENT #1 . •
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1
All can designs must be submitted to the Administrator for design review and approval. All applications with can desi
submitted 11w review MJS•T contain the following:
I. Elevation Drawings showing the entire cart's lei gth, width,and height. Drawings shall also show menu hoards,signage and
graphics accurately.
2. All drawings must be drawn to the scale of I inch= 1 foot(F' I•).
3. All drawings must accurately depict the colors df the entire cart.
4. Color photographs may be accepted in lieu of drawings,however,such photographs must he submitted in the billowing
format:
1 —8"x 10"showing cart's length and height
1 —8"x 10"showing cart's width and height
i
5. If any one of the above Items is not submitted,the application will be rejected on the Innis of insufficient information.
•
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• OR BK 4859 P670
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