§ 49-545. Restrictions.

A person to whom a permit has been issued hereunder, and whose permit is valid, may transport to an approved location and may display goods or demonstrate services utilizing an approved pushcart or other vending device; provided:

(1)

That the pushcart or other vending device shall occupy an area no longer than sixteen (16) square feet, and shall not exceed three (3) feet in width, excluding wheels; nor six (6) feet in length, including any handle; nor five (5) feet in height, excluding a canopy, umbrella or transparent enclosure;

(2)

That the permittee shall not use any device, chair, stand, box, container or table that does not comply with the requirements of this section; and shall not place any such thing on any sidewalk, roadway, street or alley, except as permitted hereunder;

(3)

That the permittee shall pick up any paper, cardboard, wood or plastic container, wrappers or any similar litter which is deposited within twenty-five (25) feet of the approved location designated on the permit; and the permittee shall carry a suitable container for the placement of such litter by customers or other persons;

(4)

That the permittee shall locate the pushcart or other vending device so that the remaining unobstructed width of a public sidewalk in the central business district, as the same is defined in article XII of chapter 54, is not less than ten (10) feet; or so that the remaining width of a public sidewalk elsewhere in the city is not less than five (5) feet;

(5)

That the permittee shall not locate a pushcart or other vending device on a public sidewalk within eight (8) feet of an adjacent building or property line;

(6)

That the permittee shall not locate a pushcart or other vending device on a public sidewalk within the boundaries of a crosswalk;

(7)

That the permittee shall not locate a pushcart or other vending device within ten (10) feet of the extension of any building entranceway or doorway, to the curb line;

(8)

That the permittee shall not sell to any person who is standing in a street, highway or roadway;

(9)

That the permittee shall not sell from a pushcart or other vending device that is located in any portion of a street, alley, roadway or highway that is designed or ordinarily used for vehicular travel;

(10)

That the permittee shall not sell from a pushcart or other vending device at a location other than that designated on the permit;

(11)

That the permittee shall comply with all applicable provisions of the fire code, building code and this Code, including, but not limited to, the provisions of article XVI of this chapter relating to street sales; and section 39-7, prohibiting huckstering in parks;

(12)

That the permittee shall not leave his/her pushcart or other vending device unattended on a public right-of-way or at the location designated on his/her permit;

(13)

That the permittee shall not conduct the business for which his/her permit was issued hereunder, between the hours of 12:00 midnight and 6:00 a.m.;

(14)

That the permittee shall not conduct business at the location designated on his permit when such location is within an area for which the manager of public works has issued a permit for a street fair, festival or similar event, under article XVI of this chapter; unless, the holder of the latter permit furnishes permission in writing.

(Ord. No. 163-80, § 1(331A.10-7), 4-14-80; Ord. No. 195-85, § 1, 4-8-85)