§ 41-2-5. Stationary vending outside the Central Business District vending area and the Cultural Center vending area.

(a)

Stationary vendors outside the Central Business District vending area and the Cultural Center vending area shall be allowed in accordance with this section.

(b)

The number of such licenses issued for stationary vending outside the Central Business District vending area or the Cultural Center vending area may be limited by public convenience and necessity. In determining public convenience and necessity, the director of buildings, safety engineering, and environmental department shall consider the number of vendor licenses issued, the demands of the public for vendors, the vehicular and pedestrian traffic conditions, the impact on existing businesses in the area, whether such service would result in a greater hazard to the public, and such other related facts as may be deemed advisable or necessary. The disapproval of a location for vending by the director of the buildings, safety engineering, and environmental department shall be final unless there is new information supporting approval of the vending location.

(c)

No more than one (1) license shall be issued under this section to any one (1) person, and each such license shall permit the license to operate only one (1) stand or food pushcart.

(d)

Except for vendors licensed to operate in conjunction with a city approved event or festival, stationary vendors under this section shall be allowed to sell only the following items from an approved location:

(1)

Accessories, which shall be limited to belts, handbags, sunglasses, umbrellas, and wallets;

(2)

Artwork, including existing paintings, prints, photographs, and sculptures;

(3)

Balloons;

(4)

Coffee, beverages, frankfurters, or other food items:

a.

From a food pushcart licensed by Department of Health and Wellness Promotion; or

b.

From an approved removable stand and, where required, the vendor has obtained written approval from the Department of health and Wellness Promotion of any food items to be sold;

(5)

Confections and snack foods in commercially-sealed unopened containers and packages that are not potentially hazardous and written approval from the Department of Health and Wellness Promotion of the item is not required;

(6)

Disposable cameras;

(7)

Ethnic apparel and clothing, which is limited to wearing apparel that is particular to a specific nationality distinguished by custom, heritage, or language;

(8)

Fragrances, incense, shea butter;

(9)

Fresh flowers;

(10)

Fresh fruit;

(11)

Handcrafted goods, as defined by section 41-2-1 of this Code, including baskets, jewelry, leather, needle crafts, pottery, quilts, and wood carvings;

(12)

Hand-drawn portraits or caricatures created on the spot;

(13)

Ice cream in commercially-sealed and unopened containers and packages; and

(14)

Light-up or glow plastic accessories.

(e)

For stationary vending outside the Central Business District vending area and Cultural Center vending area, vending shall not be allowed on sidewalks abutting residentially developed or residentially zoned properties.

(Ord. No. 01-08, § 1, 1-15-08; Ord. No. 07-08, § 1, 3-25-08; Ord. No. 09-11, § 1, 4-12-11)