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Home My WebLink About1989 Ordinance No. 031CBDIAA.'lCE ?lO. ~ / SERIES OF 1989-- C'OUNCIL BILL NO. 3 5 INIBCJ0UC:m BY CXXNCIL MD:BErt O.~'i'i"OO A.'l O~I!'<J,NCE REPE.;J..ING _;_'li) RE:EN.'CTING C0.APTI;.:;_ 4 OF 'II'l'l.Z S, E:NGI.DroD 1·1.mCIPAL CODE 1985, RELATL'lG ro FOO) Df;i ,r.'~'i Vr:iilCLES /,ND FOOD 'm'IDORS. \•;:-iE:P.E.1..5 , the present prcvision3 c f Cr.apter 4, Title 5, Engle-~d Hunicipa.l. Cod'? 1985 prohibit -_,er,dcrs from selling, offering for sale, hawking, peddling, or 'listri!,uting food products pre;_,ared and processed for ir.rnediate ccns1~t i on ~J -~ectly tc ci tizc:ns \,~o had :,ct previously ordered sar.e; and \,"HE"RE.'S, it is cesirct:s to per.nit certa in licer.sed food vendors to sell s uch i tE:'LS to perso:is while e:1jcying t.h~ faci lit ies of parks and certain street~ in tl,is City; NO.~, 'l"&:REFORE, B.'s IT O:IDAI!mJ SY THE CIT'i (X)UNCIL OF 'l'!lE CIT'i OF ~lGLEiroD, COLO!t'-00, T!!.~T:. Secticn 1. Chapter 4, Title '.i, Engle;,ood 11,1.-ucipal Code 1985, is hereby ·:e~aled and reenacted to read as fol lows: 5-4-1, rr,Xl DF.LIVrn'i •m,rcu:s ~m FOOD VENOORS ,'\. DEF!NITI~S: -.... 1. Vehicle r.ea~s every wheeled device in, upon or by which any person or property is or rr.a.y be transported or drawn upon the public streets, irrespective of the scurce fran wllich tl".e per.er to propel said vehicle :;-.ay co::e a~d irrespective of the nw.ber of ·.'heels cf said vehicle . 2. Nonvehicle sta."ld reans any nonwheeled stand that is not a building . 3. Building rreans any structure that is pemanently affixed to real estate generally used er intended for supporting or sheltering any use er oc~-up ancy of a nontransi tory nature. 4. Food prod'.lcts prepared and processed for imrediate constmption does not apply to grocery stores and similar establishr.ents 1,n~re f ood is net prepared or scld routinely fvr i.rmediate consi.mptio:i. 5. Ice confection products reans ice cream, frozen milk, frozen d,~iry or ice or yogurt products, etc. 6. Other cenfection prcducts ra?an nonalcoholic <!rinks, cancy, g,rn, etc . 7. Street reans the entire width 1:>?t1,~n the boundary lines of every way publicly r.-aintained ·.me n any part thereof is o;,en to tr,e use e.f tlie public fer purposes cf vehicular travel er the er,tire w~dth cf every way ceclared to be ~ p-Jblic street e r high·.·ay by &."ly law cf this st~te or any ordinance c f tr.is city. 8. Sidewe.lk er s i de-.-alk area ::eans that pcrtion of a p-Jblicly "'3.int11i:led or cecla,:-ed to be a p,iblic street er !ugh-.·ay l::y any law cf this state er MY Engle·.ood crdina.-.ce between the curb li:les er t.,e latenl li:'les of a rcao.-ay a.-.d the adjacent pre,perty lbe s i ntended for used by pedestriar.s. 9. For t.'1e pur,;r.se of t.fiis tit le a.'1d chapter only, city parks ~ans any pll'k owned by this city fer use of citizens, including the s:al.k-,,-ays and fountain area of the Etlgle.ood Plaza ar1 walkways and bike pat.fis cf Little Dry Creek Flood Plan. B. FOOD PRODOCT s.~ FR!:!·! vE:;ICLES A!ID NCN\/EHICLE STA>IDS. It shall be unla1>'ful f<::r any persons to sell, offer for sale, peddle, ha1,'k, or distri!,,1te any food products, ice oonfection products c, ether confection produets pre;;,ared and processed for imrediate oonsim,;,tion fran \'ehicl~s or nonvehicle stanCS on any street, alley, or ether pJ.blic place in t.'iis city excer:,t as follo ... 'S: L Deliveri<?s to a er.celling as t.,e resuJt of a prior order therefor :rade by t. ,e OCct.?a.-.t e f any dwe 11 ing . Deliveries l::y licensed businesses of food pr~ts to B71pl cyees cf CO!!T"ercial establishlrents, construction sites and industrial establish...ents. \ FJ>y vendor licensed by this city to sell, offer for sale, peddle, ha-.,!<, er distribute food products prepared and processed for iruiediate consunption, including ice confectir. products or oth< : confection products, from vehicles or nonve .. icle stands. 5-4-2: LICENSING PROVISI~S 1. A :,erscn desiring to conduct business, under Section 5-4-1, shall rr.a.'ce written application t o t.,e License Officer on forms provided by the City. Li censes shall be labeled "Food Vendor License -Streets and Sidewalks." 2. Each license shall expire one year fran the date of issuance and may be renewed. In addition to the Ten-dollar ($10) application fee, t.fie fee of twenty-five dollars ($25) will be paid for the initial license and each renewal thereof. ,' .. 3. E3ch licensee is required to operate in accordance with - applicable state statutes as aaninistered by the Arapahoe County Tri-County Health Departr.lent. 4. Licenses grantP.:! under this section are not transferable. 5, Licensees shall net violate any traffic la-.-s or pai:.'<ing laws, ncr shall they hinder er obstruct ncLr..al business activities in any gublic place, and shall <=;;>ly . '.th any regulations by the City ~:anagar ~ler.enting this Title a.~d Olapter. 6. Licensees rray not vend food in city parks. 5-4-3: FOOD \IENDIN".i IN CI'IY l'A.~Y-5 • • ,. No perso:-i may sell food or other items in any city park without the pemission of t he City of Englewood, ;J. Frcm tir.e to tir.e, the City Manager IMY issue special penni ts concerning the sale of food or other items in the City's parks and facil.ities. 'lhese pennits shall be subject to aaninistrative proced.n-es of the City of Englewood. Intre<luced, read in full, and passed on fi,st reading on the 16th day of- October, 1989. Pl:blished as a Bill for an Ordinance on the 19th day of October, 1989 . .._ Read by title and passed on final reading on t.'le 6t.'1 day of November, 1989. \ Published by title as Ordinance No. ciJ I, Series of 1989, on the 9th day o f Ncvern!>er, 1989. - Attesy: ,W,v~ &~,J Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the foregoing is a true cx:,py of the Ordinance passed on final reading a.id published by title as Ordinance No. &...1-, Series of 1989. QufcB,vC/. ~ ... Patrcia H. crow W, DATE October 16, 1989 INITIATED BY STAFF SOURCE ISSUE/ACTION PROPOSED COUNCIL COIIIIUNICATION AGENDA !TEii SUBJECT 11 (a) Council Member Clayton Roger Fraser, City Manager Food Vendor Ordinance Amendment Under the existing Englewood Municipal Code, food ven di ~g or pedd ling is prohibited. This ordinance will provide for a process to allow for fo od vending in City Parks and during special events . Proposed action requested is to adopt the proposed ordinance which establishes t he procedures by which a ro od vendor could recei ve a -permit to operate within the City of Englewood . PREVIOUS COUNCIL ACTION The City Counc i l reviewed this or dina 11 ce at th e Septem bet · 21 , 1989 study session. This item was originally schedul ed on t hP. Oc.tober 2, 1989 Ag enda, but City Manager Fraser requested that it be po stponed until the Octob er 16, 1989 meeting so that it could be reviewed further . STAFF ANALYSIS This ordinance would allow for the vending of food in City par•s and at s pecia l events (a s permitted) within Eng lewood, wh ich is a suh s tantial chang e from the current Code. The positive a.spects of this change are many. The City could att ract a large r nu n:b er of festivals, special events, and acti vi ties. Exi 5t in g s pecial event ~ could ace r ,·~ greater ,ttendance and profits for their purpo ses. Th -. public may view the Citr ?,S being more helpful and acconrnodating when working with them on special act ·•!ties ana events . Negative aspects are few but could include the fallowing : higher level of attention to 1·lndor acti ity from City pol ice, parks, and permitting staff; perceived preferential treatment to certain vendors when a limited number of vendors are -desired at any specific event and some vendors might be denied a permit. IACUROIIII Though the current Code does not allow for food vending within City parks and at special events, there have been unlicensed vendors at some activ'lties. In some cases they have been shut down, in others they have been a 11 owed to remain . Enforcet11ent of this Code provision has resulted in kn of some desirable activities in Englewood and seff.s to be fairly stringent in terms of accommodation of special events . FINANCIAL Direct financial illll)acts to the City are ■ini111al. The increased activity by City staff tn tending to the permttttng process would be negl tgible, while the enforcement Hpect ts dt ff1cul t to quantify without having some expert ence to justify any calculattons . However, should food vending result in inord i nate amounts of staff effort, a permit fee structure could be implemented in the future to cover the associated costs .