HomeMy WebLinkAboutOrdinance 19803-07-2011ORDINANCE NO. 19803 -07 -2011
AN ORDINANCE AMENDING DIVISION 23, "PUSHCARTS," OF ARTICLE IV,
"VENDORS," OF CHAPTER 20 OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS, TO AMEND AND ADD DEFINITIONS; TO CLARIFY THE
RELATIONSHIP BETWEEN REQUIREMENTS OF DIVISION 2 AND OF
OTHER LAW; TO ALLOW THE DIRECTOR OF CODE COMPLIANCE TO
ASSIGN AND ADJUST SPECIFIC LOCATIONS WITHIN THE COUNCIL -
DESIGNATED PUSHCART SLOTS; TO IMPOSE ADDITIONAL DESIGN
REQUIREMENTS, MINIMUM OPERATING HOURS, AND OPERATION
LOGGING REQUIREMENTS FOR PUSHCARTS OPERATING IN THE
DOWNTOWN AREA; TO ESTABLISH A PROCESS FOR AWARDING AND
RE- AWARDING PERMITS FOR PUSHCART SLOTS IN THE DOWNTOWN
AREA; TO LIMIT THE PERIOD FOR WHICH SLOT PERMITS REMAIN
EFFECTIVE; TO CLARIFY THE CIRCUMSTANCES UNDER WHICH A
PUSHCART MAY BE PLACED ON PRIVATE PROPERTY AND THOSE
LOCATIONS IN WHICH PUSHCARTS MAY BE OPERATED IN GENERAL;
TO UPDATE CROSS - REFERENCES TO OTHER APPLICABLE LAW; TO
CLARIFY PROVISION RELATING TO WASTE RECEPTACLE ON
PUSHCART; TO ESTABLISH GROUNDS AND PROCESS FOR REVOCATION
OF SLOT PERMITS; AND TO AUTHORIZE CITY MANAGER TO
DESIGNATE ANOTHER INDIVIDUAL TO HEAR AN APPEAL ON THE CITY
MANAGER'S BEHALF; ALLOWING CURRENT PUSHCART PERMITTEES
TO RETAIN UP TO TWO SLOT PERMITS THROUGH DECEMBER 31, 2012;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Fort Worth has authority pursuant to its police powers as
a home -rule municipal corporation to adopt and enforce ordinances and regulations to
protect the health, welfare, and safety of the public; and
WHEREAS, Section 20 -2 of the Fort Worth City Code prohibits a person or
other entity from conducting any business; selling or offering for sale any goods or
services; and soliciting any business or trade in, on, or under any building, grounds, or
place that is owned by the city or that is used or occupied by or on behalf of the city
unless the person or entity has a lawful permit, franchise, concession, or consent
agreement; and
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WHEREAS, in 1987, the Fort Worth City Council adopted Ordinance 9880,
which enacted Article IV, Division 2 of Chapter 20 of the Fort Worth City Code to
establish a system for the permitting and regulation of pushcarts within the City of Fort
Worth; and
WHEREAS, Division 2 includes provisions that regulate the establishment,
assignment, and abandonment of authorized pushcart locations (or "slots ") within the
downtown area; and
WHEREAS, staff has been contacted by members of the public requesting that
the City revisit the manner in which it assigns the authorized locations in the downtown
area; and
WHEREAS, staff recommends that Division 2 be revised to address the public
concerns and to provide clarification of certain aspects of the downtown locations,
including the maximum overall footprint, the use of accessories and attachments in
connection with pushcarts, the observance and documentation of minimum operational
hours, and the process whereby permits to operate in these locations can be revoked.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Section 20 -161, "Definitions," of the Code of the City of Fort Worth, Texas, is
hereby amended to clarify the definitions of the terms Abandoned slot, Beverage,
Director, Downtown area, Regulatory authority, Single service articles, and Slot and to
add new definitions for the terms Public property and Regulatory health agency. Section
20 -161, as amended, shall read in pertinent part as follows:
Abandoned slot: Abandoned slot shall mean a slot for which the user has failed to
meet the requirements for minimum operating hours under Section 20- 163(c).
Beverage means soft drinks, water, citric acid beverages, or other acceptable non-
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alcoholic potable beverages
Director shall mean Director of the Fort Worth Code Compliance Department or
his designee.
Downtown area shall mean the area lying within the boundaries of the Fort Worth
Improvement District No. 1 as established by the findings of the Fort Worth City
Council in Resolution 3756 -06 -2009 or by future resolution adopted in
accordance with state law.
Public property means any building, grounds or place (i) owned by the city, a unit
of county, state, or federal government or any other political subdivision of the
State of Texas or (ii) used or occupied by or /on behalf of the city, a unit of
county, state, or federal government, or any other political subdivision of the State
of Texas. The term public property includes, but is not limited to, parks,
sidewalks, and government buildings.
Regulatory authority means the Department of Code Compliance of the City of
Fort Worth.
Regulatory health agency means a government entity, department, or agent
(including a contractor) having responsibility for enforcing public health laws and
regulations in the jurisdiction where a commissary is located. For commissaries
located in the corporate limits of the City of Fort Worth, this term includes the
Code Compliance Department.
Single service articles shall mean dishes, utensils, and other similar items
designed or intended for one -time use by servers and/or consumers for the
purpose of serving or eating food or beverages. Examples of single service
articles include paper plates, paper cups, plastic forks, etc. This list is exemplary
and shall not be construed to be exclusive of any other single service articles not
mentioned herein.
Slot shall mean a designated general location, as approved by the city council, for
the placement of a pushcart in the downtown area. Only the city council may
create or alter slot designations in the downtown area.
All portions of Section 20 -161, "Definitions," not specifically amended herein shall
remain in full force and effect.
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SECTION 2.
That Section 20 -162, "Requirements," of the Code of the City of Fort Worth, Texas, is
hereby amended to update a cross - reference to the City's Health and Sanitation Code.
Section 20 -162, as amended, shall read as follows:
All pushcarts operating within the corporate city limits of the City of Fort Worth
shall comply with the requirements of this ordinance except as otherwise provided
in this division and in Article IV of Chapter 16 of the Code of the City of Fort
Worth. The regulatory authority may impose additional requirements to protect
against health hazards related to the pushcart operation, may prohibit the sale of
some or all potentially hazardous food, and when no health hazard will result,
may waive or modify requirements of this division relating to physical facilities.
SECTION 3.
That Section 20 -163, "Permits," of the Code of the City of Fort Worth, Texas, is hereby
amended to clarify the relationship between the requirements of the "Pushcarts" Division
and of other law; to allow the Director of Code Compliance to assign and adjust specific
locations within the Council - designated slots; to impose additional design requirements,
minimum operating hours, and operation logging requirements for pushcarts operating in
the downtown area; and to establish a process for awarding and re- awarding permits for
pushcart slots in the downtown area. Section 20 -163, as amended, shall read in pertinent
part as follows:
(a) It shall be unlawful to sell, offer for sale, vend, operate, maintain or serve any
item from a pushcart in the downtown area without a valid slot permit issued in
accordance with this division. This slot permit shall be required in addition to any
other license, permit, or certification that may be required by law, including, but
not limited to, food handler certification required under Chapter 16 of this Code.
(2) Slot permits for pushcarts shall only be available under the terms of
this division. No encroachment agreement shall be granted for any
pushcart unless such pushcart complies with all applicable requirements of
this division and Chapter 16 in addition to requirements relating to
encroachment.
(6) As an express condition of the acceptance of a slot permit hereunder
for an available slot on public property in the downtown area, recipient
agrees to police for trash and debris, an area within a twenty -five -foot
radius of the pushcart location.
(7) In connection with issuing a slot permit, the director shall, following
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consultation with the Director of the Parks and Community Services
Department, assign an exact location within the designated slot and shall
indicate such location on the slot permit documentation. The director may
periodically adjust the exact location within the Council - designated slot to
allow for construction or other changed circumstances; any such
adjustment shall be documented in writing and attached as an addendum
to the slot permit documentation.
(b) Insurance and indemnification.
(1) No permit shall be issued to an applicant vending on public property
in the downtown area or on a residential sidewalk unless verification of
insurance is confirmed by a representative from the risk management
division of finance. The applicant shall have filed with the city's risk
manager a certificate showing that the applicant has secured and agrees to
keep in force during the term of the permit a policy providing for bodily
injury and property damage in the amounts as follow:
Property damage, per accident $100,000.00
Personal injury or death, per person $100,000.00
Personal injury or death, per accident $300,000.00
Product liability $300,000.00
Such insurance policy shall provide that it cannot be cancelled or amended
without at least thirty (30) days' notice in writing to the director and the
city's risk manager.
(c) Any pushcart which rests in whole or in part upon any public property in the
downtown area shall comply with all of the following standards:
(1) Pushcart must be commercially manufactured. For purposes of this
section, "commercially manufactured" means a pushcart that was
originally manufactured for use as a non - self - propelled mobile food
vending vehicle by a person regularly in the business of manufacturing
food preparation vehicles for sale and does not include any vehicle that is
converted or retrofitted as a non - self - propelled mobile food vending
vehicle.
(2) Pushcart body shall not exceed four (4) feet in height, three (3) feet in
width, or six (6) feet in length, exclusive of Allowed Attachments and
Allowed Accessories.
(3) Allowed Attachments shall be limited to:
(A) coolers; and
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(B) counters.
(4) To provide a uniform appearance, Allowed Attachments must be
constructed of or surrounded by the same type of material as the pushcart
body.
(5) Allowed Attachments must fold out from or be clipped on to the
pushcart body. Allowed Attachments must be readily removable or
retractable so as not to cause pushcart body to exceed the size limitations
of subsection (c)(2).
(6) Allowed Accessories shall be limited to:
(a) canopies;
(b) umbrellas;
(c) up to two stools for use by employees; and
(d) a trash can for use by pushcart customers.
(7) Allowed Accessories must be kept in close proximity to the pushcart
body.
(8) When placed for operation, the pushcart body, Allowed Attachments,
and Allowed Accessories shall be limited to a total combined area not to
exceed ten (10) feet in height, six (6) feet in width, or ten (10) feet in
length.
(10) No pushcart shall be used to display information other than a valid
permit, list of items served, the prices thereof and the name of the vendor,
all of which must be contained on the body of the pushcart. No pushcart,
Allowed Attachment, or Allowed Accessory shall be used to display or
depict artwork or advertising materials of any kind, including, but not
limited to, the name, logo, or mascot of any product or service.
(11) During the months of March through October, pushcarts must be
open to the public for a minimum of two hours per day on at least eight
days of each month, provided however, that the director may reduce or
waive this requirement due to inclement weather, demonstrated viability
issues related to a particular slot, or other extenuating circumstance.
(12) Each vendor operating in a slot in the downtown area shall maintain
an operations log in a form prescribed by the director to show the days and
times on which the vendor operated and /or document the specific reason
that a vendor was unable to operate on a particular date. The operations
log shall be made available to the Code Compliance Department on
request. Failure to maintain or produce an operations log shall give rise to
a presumption that the permittee has failed to comply with the minimum
operating hours requirement and that the slot has been abandoned.
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(d) The number of slot permits available for vending on public property in the
downtown area shall be determined by the city council after receiving comments
and recommendations by the city manager, the director and the director of parks
and community services. Only the city council may create or alter slot
designations in the downtown area.
(e) Permits on public property in the downtown area shall be subject to the
following conditions, limitations, and restrictions:
( 1) Slot permits shall be issued for a period not to exceed twenty -four (24)
months.
(2) On or about February 1 of every odd numbered year, all slots in the
downtown area shall be put out for bid by the City. Slots shall be awarded
to the highest bidder that is in compliance with all requirements of this
subsection (e).
(3) If a slot becomes available outside of the typical bid cycle, it shall be
put out for bid by the City for the remainder of the unexpired term and
awarded to the highest bidder that is in compliance with all requirements
of this subsection (e).
(4) No slot shall be awarded and no slot permit shall be issued unless the
permit applicant can demonstrate that: (i) he or she has a pushcart
available for dedicated and exclusive use in that slot and (ii) that such
pushcart complies with all of the requirements of this division, including
but not limited to, size and construction requirements outlined in
subsection (c) of this section.
(5) No more than two permits to operate pushcarts on public property in
the downtown area shall be issued to an individual, a single business
entity, or to two or more Affiliated Entities. For purposes of this provision
"Affiliated Entities" shall include (i) individuals related within the third
degree by consanguinity or within the second degree by affinity as defined
by chapter 573 of the Texas Government Code; (ii) business entities with
at least ten percent (10 %) common ownership; and (iii) an individual and a
business entity that the individual controls or in which the individual has
at least a two percent (2 %) ownership interest.
All portions of Section 20 -163, "Permits," not specifically amended herein shall remain
in full force and effect.
SECTION 4.
That Section 20 -164, "Permit fees," of the Code of the City of Fort Worth, Texas, is
hereby amended to limit the period for which slot permits remain effective. Section 20-
164, as amended, shall read in pertinent part as follows:
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(a) After inspection and approval by the code compliance department of each
pushcart, each pushcart shall be assessed a slot permit fee in the amount of the
permittee's bid under Section 20- 163(e). Slot permits shall be valid from the date
of issuance through December 31 of the even - numbered year immediately
following the date of issuance, unless revoked pursuant to this division.
All portions of Section 20 -164, "Permit fees," not specifically amended herein shall
remain in full force and effect.
SECTION 5.
That Section 20 -165, "Locations," of the Code of the City of Fort Worth, Texas, is
hereby amended to clarify the circumstances under which a pushcart may be placed on
private property and those locations in which pushcarts may be operated in general.
Section 20 -165, as amended, shall read in pertinent part as follows:
(a) No sale or offering to sell shall be made from any pushcart of any edible or
potable substance on any property which is used or zoned for residential purposes,
within five hundred (500) feet of any public or private school property; nor on any
municipal recreation facility, except as specifically provided herein.
(1) Pushcarts operating from private property not in the public right -of-
way may be located in front of commercially or industrially zoned
property located outside of the downtown area with the advance approval
of the owners or duly authorized representatives of said property.
Pushcarts shall not, however, be permitted on private property in the
downtown area.
(2) Pushcarts using flammable substances, including, but not limited to,
liquefied petroleum gas shall not be permitted inside of buildings.
(b) It shall be permissible for pushcarts to operate within the following
designated areas:
(1) Designated slots on public property in the downtown area in
accordance with the terms of a valid slot permit issued by the director.
(2) At temporary special events with a special event permit.
(3) Pushcarts may operate in front of commercially or industrially zoned
property located outside of the downtown area with the advance approval
of the owners or duly authorized representatives of said property.
(c) Slot permits nontransferable. Use of a slot as approved by city council on
public property in the downtown area is a privilege, not a property right. Such a
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designated slot shall not be transferable; it shall be available only to the person
designated by slot permit.
It shall be unlawful to attempt to sell, lease, or otherwise transfer the use of such a
designated slot from the original permittee to any other person natural or
unnatural. Such action shall result in automatic revocation of the permits of the
parties involved, and those parties shall be banned from operating within the city
limits for one (1) year from the date of revocation. Such revocation shall not
preclude any other legal action.
All portions of Section 20 -165, "Locations," not specifically amended herein shall remain
in full force and effect.
SECTION 6.
That Section 20 -168, "Employees," of the Code of the City of Fort Worth, Texas, is
hereby amended to update a cross - reference to the City's Health and Sanitation Code.
Section 20 -168, as amended, shall read as follows:
No person shall sell or offer to sell any edible or potable substance from a
pushcart unless such person be in compliance with the applicable portions of
Article IV of Chapter 16 of the City Code.
SECTION 7.
That Section 20 -174, "Commissary," of the Code of the City of Fort Worth, Texas, is
hereby amended to update a cross - reference to other applicable law. Section 20 -174, as
amended, shall read in pertinent part as follows:
(b) The commissary or base of operations shall be constructed and operated in
compliance with the requirements of the Texas Food Establishment Rules and
regulations of pertinent regulatory departments.
All portions of Section 20 -174, "Commissary," not specifically amended herein shall
remain in full force and effect.
SECTION 8.
That Section 20 -177, "Waste retention," of the Code of the City of Fort Worth, Texas, is
hereby amended to clarify the source of the waste. Section 20 -177, as amended, shall
read in pertinent part as follows:
(b) Solid waste generated by permittees and employees shall be contained in an
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easily cleanable, self - closing, lidded trash receptacle which shall be kept on the
pushcart at all times.
All portions of Section 20 -177, "Waste retention," not specifically amended herein shall
remain in full force and effect.
SECTION 9.
That Division 2, "Pushcarts," of Article IV, "Vendors," of Chapter 20 of the Code of the
City of Fort Worth, Texas, is hereby amended to add a new Section 20 -180 to be titled
"Revocation of permit" to establish grounds for revoking a slot permit and a process for
revocation. The new Section 20 -180 shall read as follows:
Sec. 20 -180. - Revocation of permit.
(a) The director may revoke a slot permit issued under this division if the holder
or an employee:
1. Has abandoned the assigned slot;
2. Fails to comply with any requirement of this division;
3. Violates or fails to comply with any provision of City Code or other
applicable law;
4. Is discovered to have provided false or inaccurate information on or in
connection with the original permit application; or
5. Is discovered to have provided false or inaccurate information on or in
connection with the operations log or any other documentation required
under this division.
(b) The director shall notify the permittee in writing of the revocation.
(c) The revocation of a slot permit may be appealed in accordance with the
process outlined in Section 20 -181.
SECTION 10.
That Division 2, "Pushcarts," of Article IV, "Vendors," of Chapter 20 of the Code of the
City of Fort Worth, Texas, is hereby amended to re- designate the current Section 20 -180,
"Appeal" as Section 20 -181, "Appeal," and to revise that section to allow the City
Manager to designate an individual to hear an appeal on the City Manager's behalf. The
re- designated and revised provision shall read as follows:
Page 10 of 12
Sec. 20 -181. — Appeal.
Any person or entity aggrieved by a finding, determination, notice or action taken
under the provisions of the division may file an appeal in writing with the city
manager or that individual's authorized representative. An appeal must be filed
within five (5) days after receipt of notice of any protested decision or action by
filing with the office of the city manager a letter of appeal briefly stating therein
the basis for such appeal. A hearing shall be held on a date no more than fifteen
(15) days after receipt of the letter of appeal unless extended by mutual agreement
of the parties. Appellant shall be given at least five (5) days' notice of the time
and place of the hearing. The city manager or authorized representative shall give
the appellant, and any other affected party, a reasonable opportunity to be heard,
in order to show cause why the determination of the regulatory authority should
not be upheld. In all such cases the burden of proof shall be upon the appellant to
show that there was no substantial evidence to support the action taken by the
regulatory authority. The city manager or authorized representative shall make
his determination and shall notify the appellant in writing of his determination.
The decision of the city manager or authorized representative shall be final.
SECTION 11.
Individuals holding valid slot permits as of the date this ordinance is adopted may select
and retain up to two of those slots through December 31, 2012 as long as all other legal
requirements are met. All slots not so retained shall be subject to a bid process in
accordance with Section 20- 163(e)(3) as amended herein.
SECTION 12.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances and such Code, in
which event conflicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 13.
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
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phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 14.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the ordinances amended herein, which have
accrued at the time of the effective date of this ordinance and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 15.
This ordinance shall take effect upon adoption.
D AS O uORM AND LEGALITY:
Assistant
ADOPTED: July 26, 2011
EFFECTIVE: July 26, 2011
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Council - Designated Pushcart "Slots" in the Downtown Area
I
LI
1. Burnett Park
I City Hall Plaza
3, General Worth Square
4, Heritage Plaza
5. Hyde Park
6. Water Gardens — Southeast Corner
7. Water Gardens — Northeast Corner
8. Tarrant County Admin. Building Plaza
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 7126/2011 •Ordinance No. 19803
DATE: Tuesday, July 26, 2011
LOG NAME: 23DOWNTOWN PUSHCART
REFERENCE NO.: G -17339
SUBJECT:
Adopt Ordinance Amending Chapter 20, Article IV, Division 2 of the City Code Governing Pushcarts to
Revise Definitions, Clarify Process for Awarding Downtown Slots, Impose Additional Design Standards,
Establish Minimum Operating Hours, and Outline Revocation Process (COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 20, Article IV,
Division 2 of the City Code, which governs pushcarts, to: (1) revise definitions, (2) clarify the process for
awarding the available downtown slots, (3) impose additional design standards for carts operating in the
downtown slots, (4) establish minimum operating hours, and (5) outline a clearly defined revocation
process for rescinding permits for slots that are abandoned or have non - compliant operators.
DISCUSSION:
In 1987, the City Council adopted Ordinance No. 9880, which established Division 2 of Article IV of
Chapter 20 of the City Code, and created a basic framework to allow and regulate pushcart vendors in the
downtown area (M &C G- 7098). A number of minor changes have been made to Division 2 over the years
(M &C G -9097, approved April 9, 1991; M &C G- 10621, approved April 12, 1994; M &C G- 13495, approved
January 22, 2002; and M &C G- 15029, approved December 6, 2005).
As it currently stands, there are eight locations or "slots" in the downtown area that are approved for use
by food cart vendors. Those locations are:
1. Burnett Park
2. City Hall Plaza
3. General Worth Square
4. Heritage Park
5. Hyde Park
6. Water Gardens Southeast
7. Water Gardens Northwest
8. Main and Weatherford Street in front of the
at the request of Tarrant County)
Tarrant County Administration Building (added in 2005
Attached to this M &C is a map showing the locations of the eight pushcart "slots" within the downtown
area.
In 1987, the City administered a "lottery" process to assign the approved downtown locations among
competing vendors. Assigned vendors were required to pay an administrative fee of $500.00 on initial
assignment plus all relevant annual health permit costs associated with their cart.
Loj4name: 23DOWNTOWN PUSHCART 13- 1 „fz
Between 1987 and 2005, several vendors abandoned their assigned locations, with "abandoned" being
defined as no activity for two consecutive months. Due to a general lack of interest on the part of vendors,
abandoned locations were re- assigned on a first -come, first- served basis. Several locations remained
unclaimed for long periods of time. This history has resulted in one vendor currently assigned five of the
eight slots and another vendor assigned two slots (1 slot is vacant).
In 2010, Council and staff began receiving complaints from newly interested vendors who claimed that the
current ordinance allows for a "monopoly" of sorts, has created "lifetime" assignments with no expiration
dates, and discourages open competition and full utilization of all available slots. Over the course of
several months, staff met with vendor groups, downtown business representatives and other stakeholders
to discuss revising ordinance language to eliminate the unintended consequences of the current
ordinance. These stakeholder meetings also brought to light other issues meriting consideration within the
ordinance.
The result of these meetings is a staff recommendation to revise Chapter 20, Article 4, Division 2. A
summary of proposed changes is below:
During a transition period from May 2011 through January 2013:
• Slot Designation and Pushcart Location: Council will continue to have sole authority to
designate the general locations or "slots" in which pushcart are able to operate, and the
existing slots designated in the attached map will continue to be the only ones that are
currently authorized. However, in connection with issuing a slot permit, the Director of Code
Compliance (following consultation with the Director of the Parks and Community Services
Department) will have authority to assign an exact location within the Council- designated slot,
and the exact location will be subject to periodic adjustment to allow for construction or other
changed circumstances.
• Slot Assignment: existing vendors shall keep no more than two slots. Such vendor must
already have two permitted pushcarts; City shall auction off remaining slots to new vendors;
slot negotiation amongst vendors is strictly prohibited.
• Slot Abandonment definition shall be redefined to require minimum days of operation - eight
days /month and two hours /day AND establishes exception criteria if minimum operational
requirements are not met; i.e. during inclement weather and other operational limitations.
• Further defines Slot revocation criteria.
• Creates a slot footprint maximum that is equal to 60 square feet to allow for cart operation at
each approved slot;
• Creates cart construction provision to allow only commercially constructed pushcarts to be
used in downtown area. Further, to allow for modification of existing carts only if modification
matches commercial construction materials;
• Provides clarification on items that can be sold at pushcarts — Only food and non - alcoholic
beverages shall be allowed for sale.
After January 31, 2013:
. All rules and regulation remain the same, however:
• All slot assignments will be voided for new assignments to be made via auction.
• New assignments will be good for two years with a maximum of two slots per vendor (as long
as vendor has two permitted carts).
• Slot auctions will take place every two years.
It is estimated that transitioning to a bi- annual auction system for downtown pushcart slot assignment will
result in increased revenues in two -year cycles. Associated revenues will be deposited in General Fund
revenue accounts to offset maintenance costs associated with food vendors operating in City park
Logname: 23DOWNTOWN PUSHCART Page 2 of 3
locations.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that the Code Compliance Department is
responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund /Account/Centers
GG01 481306 0133000
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
$16,000-00
FROM Fund /Account/Centers
Charles Daniels (6199)
Brandon Bennett (6345)
Scott Hanlan (7204)
Logname: 23DOWNTOWN PUSHCART Page 3 of 3