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Home My WebLink About105-1616200 Eagle Creek Avenue S.E. PriOr Lake, MN 55372-1714 ORDINANCE 105-16 AN ORDINANCE ADOPTING SECTION 311 REGARDING SIDEWALK SALES MOTION: Lemair SECOND: Zieska Subsections: 311.100: 311.200 311.300: 3t 1.400: 311.500: 311.600: 311.700: 311.800: 311.900: 311.1000: 311.100 SECTION 311 SIDEWALK SALES PURpOSE PERMIT REQUIRED RESTRICTIONS PERMIT PROCEDURE INSURANCE SUSPENSION AND REVOCATION APPEALS pERMIT FEES NO RIGHT TO SUBSEQUENT YEAR PERMIT No TRANSFERABILITY PURPOSE: The purpose of this Section is to regulate the conditions under which a merchant in the C-3 (town center) business district may Irequest and receive a permit to sell or display merchandise for sale in a design~ated area on a public sidewalk. The City Council is aware that the public sidewalk is intended for the orderly passage of pedestrians in the downtown and tha~ any conflict between users of the sidewalk and sidewalk sales is undesirable. 311.200 PERMIT REQUIRED: A retail establishment in the C-3 (tOwn center) business district may apply to the City for a special permit, heretofore known as a Sidewalk sales Permit ("Permit") to conduct a portion of such business on a sidewalk. A permit shall be valid for one year from the date of issuance; 3tl.300 RESTRICTIONS AND REQUIREMENTS: a) A permit issued pursuant to this Section shall designate the area where merchandise display and sales will be offered ("designated area.") No sale or service shall be permitted on any portion of the sidewalk not designated in the Permit or on any portion of the street designated for vehicular travel. b) A Permit shall not be construed as authorizing the permanent installation of any articles in the designated area of the sidewalk. c) No merchandise, tables, chairs, furnishings or other equipment shall be permitted in the designated area at any time dudng Which the merchant's business is not open and operating. d) No Permit shall be valid in any location where the same is prohibited, now or in the future, by state law or this Section. www.cityofpriorlake.com Phone 952.447.4230 / Fax952.447.4245 311.400 e) Sidewalks adjacent to the merchant's establishment (building to street) shall be swept and washed daily by the Permit holder. Trash shall be disposed of and electricity provided from within the establishment. : f) permits will define the designated area which will limit the merchandise display and sales to placement immediately adjacenti to the establishment, I provided that a five (5) foot width of sidewalk remains for pedestrians. g) The Permit for the use of a designated area of a publiq sidewalk for sidewalk sales shall not be an exclusive use. All public improvements including but not limited to trees, light poles, planters, traffic signals, refuse containers, benches or any other public-initiated maintenance procedure shall take precedence of the sidewalk sales area use at all timesi A Permittee may not use the designated area during any City-sponsored events without permission of the City Manager. The City Manager shall determine whether the encumbrance of the designated area of the public Sidewalk designated by lJhe Permit intederes with the City-sponsored funCtion and, if so, the designated area shall not be used by the Permittee dudng said period. PERMIT PROCEDURE: a) An applicant for a Permit under this Section shall file an application on forms previded by the City. b) The Permit application shall include a scaled diagram including, but not limited to, the dimension of the sidewalk, sales and display area, position of tables, fixtures or anything else to be placed upon the sidewalks including the Width of the sidewalk remaining for pedestrian movement to access, egress and walk by the designated area on each public sidewallk face of the building. c) The application and diagram will be referred to the planning building, engineering, police and fire departments for evaluationi recommendation and any conditions to be included in the Permit to protect the public health, safety and welfare. d) The recommendations of the departments specified above, along with consideration of public health and safety issues, !egress, ingress and unobstructed sidewalk width will be considered in determining whether a Permit will be issued. e) The City Manager may impose conditions upon thei Permit which, in the jbdgment of the City Manager, protect and promote the health, safety and welfare of the public or prevent a nuisance from occurring. Such conditions may include, but are not limited to: 1. Restrictions on hours, days and months of operation. 2. Special sanitation and clean-up procedures. 3. Types of furnishings or fixtures to be used. 4. Restrictions upon audio, video or communication equipment. 5. Lighting, plantings or adornments. 6. Signage. f) Within thirty (30) days receipt of a completed application, the City Manager shall inform the applicant in writing as to the approval Pr denial of the Permit request. 311.500 INSURANCE: No Permit issued pursuant to this Section shall be effective until the applicant therefore has filed with the City evidence of insurance insuring the proposed permittee against liabilities imposed by law arising out of ownership, maintenance or operation of such sidewalk sales area in the amount of at least two,hundred thousand dollars ($200,000) for the injury or death of one person; flve~hundred thousand dollars ($500,000) for the injury or death of two persons, and ten-thousand dollars ($10,000) for damage to property. The City shall be named as additional insured in the policy providing suchinsurance and such policy shall further provide that it may not be canceled except upon thirty (30) days written notice to the City. No Permit issued pursuant ~(o this Section shall be valid at any time during which the insurance required herein is not in effect and evidence of its continuance is on file with the City. 311.600 PERMIT SUSPENSION AND REVOCATION: a) Any Permit issued pursuant to this Section may be revoked at any time by the City Manager when, in the judgment of the City Manager, such action is required to protect and promote the public health, safe~ and welfare. b) Any Permit may be suspended for such period of time during which the City Manager, in the Manager's judgment, determines adequate grounds exist. The City Manager shall set forth in writing the basis and rationale for the revocation or suspension of the Permit. 311.700 APF'EALS: An applicant or Permittee may appeal the decision of the City Martager to deny, revoke or suspend a Permit to the City Council in writing within five (5) days of receipt of notice. The City Council, folldwing a public hearing, shall affirm, overturn or modify the determination of the City Manager 311.800 PERMIT FEE: The annual fee for a Permit shall be one-hundred dollars ($100). 311.900 NoiRIGHT TO SUBSEQUENT YEAR PERMIT: A Permit holder does not acquire any rigllt of any nature or kind to receive a Permit or renew an existing Permit in a subsequent or successive year. Every application to renew a Permit shall be reviewed annually based upon the criteria set forth in this Section. In addition to the criteria set forth in this Section, the City Manager may; take past performance of the Permit holder and current circumstances into consideration when determining whether to approve, deny, suspend or revoke a Permit for an applicant who has previously been granted such a Permit. 311.1000 NO TRANSFERABILITY. Permits issues pursuant to the Section are not transferable. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 20th day of June, 2005. ATTEST: City Manag'~tu"~ Mayor