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HomeMy WebLinkAboutRes2021-044 CITY OF SEWARD, ALASKA Sponsored by: City Clerk RESOLUTION 2021-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, UPDATING THE MOBILE VENDOR AND ROVING VENDOR POLICY FOR PERMITTING VENDORS ON CITY-OWNED PROPERTY WHEREAS, the city enacted Ordinance 2014-004 on May 27, 2014, which created a new program allowing mobile and roving vending on city-owned property; and WHEREAS, each year since the program began, there has been more and more interest in the program; and WHEREAS, Resolution 2014-048, which was also approved on May 27, 2014, set forth the policy which outlined the rules and requirements for administering the program; and WHEREAS, Resolution 2018-039 amended the program by adding an eighth location, changing the application period to make it more convenient to vendors, and relocating one of the mobile vending locations to make it more visible to customers; and WHEREAS, recently, some vendors have spoken up about the wish to have first right of refusal for the location they were permitted for the previous year, enabling them to have some assurance that they can count on having the same location and affording them the opportunity to better plan for the upcoming year; and WHEREAS, on March 22, 2021, Vice Mayor Baclaan brought forward an agenda statement to discuss amending the current policy to create a "first right of refusal" renewal process for returning vendors; and WHEREAS, based on the discussion from that meeting, it was determined that taking this action would make the process more business-friendly and would improve the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby adopts the updated mobile vendor and roving vendor policy as incorporated herein: (Deletions are ; Additions are italicized, underlined, and bolded.) City of Seward Mobile Vendor and Roving Vendor Policy CITY OF SEWARD, ALASKA RESOLUTION 2021-044 u PURPOSE The purpose of this policy is to provide rules and regulations for the allowance of mobile vending and roving vending on city-owned property. This policy is developed in accordance with Seward City Code Section 15.10.140 (Definitions) and Section 15.10.225 (Land Uses Allowed and Land Uses Allowed Table) and will be provided to prospective vendors as part of the application packet. Vending Permit Applications New applications for a vending permit will be accepted by the City Clerk beginning March 1s` each year for the current year. Applications for Locations 6 & 7 at SMIC may be submitted at any time throughout the year. Returning vendors may submit a renewal application for the same location they were permitted for the previous year beginning February 15rh, providing the returning vendor first right to return to their prior location. Renewal applications for Locations 6 & 7 at SMIC may be submitted beginning December 1s. A $50 non-refundable filing fee is required to initiate a new or renewal application. Vending permits are non-transferrable and are not eligible for subleasing. Vendors may surrender their permit at any time by submitting a written statement to the City Clerk. Insurance Each vendor shall be required to provide a Certificate of Insurance with the City of Seward as an Additional Named Insured for a Commercial General Liability policy with coverage for $2 million aggregate/$1 million per occurrence, Commercial Auto, and Workers Compensation (if business has employees). If the business has employees, state law requires Workers Compensation insurance. Subsequently, the City of Seward will additionally require the vendor provide a Waiver of Subrogation. A review of the permit application will be conducted by the city's risk manager (in cooperation with the city's insurance provider) to determine if product liability insurance will also be necessary. If this additional insurance coverage is required, the City Clerk's office will notify the permittee in writing of this requirement. Food vendors agree to comply with all state and federal regulations necessary for proper food handling requirements. CITY OF SEWARD,ALASKA RESOLUTION 2021-044 Indemnification Additionally, prior to acceptance of their permit, each vendor shall execute an instrument under the terms of which the permittee shall agree to indemnify, defend, and hold harmless the City of Seward from any and all claims for injury or damage to persons or property suffered in connection with vendor activities. General Standards of Operation In addition to the requirements outlined in the Seward City Code: • Vendors shall keep their site free of litter at all times. Trash may not be deposited in any trash bin or receptacle without express permission from its owner. ■ Vendors must park their vehicles and equipment within the traffic patterns recommended by staff and in accordance with all traffic laws. Renewals applicatiem Suspension Or Revocation Of Permit And Appeals In addition to the requirements of a mobile and or roving vendor listed in this policy and in Seward City Code Section 15.10.225, the City Clerk may revoke, suspend or otherwise restrict a permit for the same reasons listed for business licensing in Seward City Code Section 8.30.035. Additionally, the permittee will have the same hearing and appeal rights as outlined for a city business license in SCC 8.30.035 and 8.30.040. For all vendors in locations other than SMIC, if the insurance policy expires between May 1 and October 31 of the current year, then the vendor shall provide the clerk's office with an updated policy before the expiration date of the current policy. Failure to do so shall result in the permit being revoked. MOBILE VENDING Applications Permits shall be issued on a first-come, first-served basis. Applications will be date- and time- stamped as they are received, and will be maintained by City Clerk's office in the order in which they were received. CITY OF SEWARD, ALASKA RESOLUTION 2021-044 A $50 non-refundable filing fee is required to submit a permit application. Only one mobile vending permit per person or business will be issued at any given time. A vendor may submit applications for multiple permits in order to be put on the waitlist for different locations. If an applicant receives a mobile vendor permit, they may remain on other waitlists for any other locations and have the option of changing locations provided they surrender their current location upon written notification to the City Clerk. Permit applications must be processed and issued within a sixty (60) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has sixty(60)days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a waste management plan, and $250 permit fee made payable to the City of Seward. If these criteria are not satisfied within the sixty(60)day processing period, the permit application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a mobile vending permit which has been issued for a certain location and which has been revoked or suspended or which has been voluntarily vacated by the permittee shall also cause the next application on the waitlist to be taken up and processed for that location. Locations The City of Seward shall designate eight(8)mobile vending locations and boundaries within city limits as follows: 1. Washington Street— 10 x 20 feet 2. Waterfront Park Campground— 10 x 20 feet 3. Waterfront Park Campground— 10 x 20 feet 4. South Harbor Uplands— 10 x 20 feet 5. Permit-Only Parking Lot on Fourth Avenue— 10 x 20 feet 6. Seward Marine Industrial Center—20 x 20 feet 7. Seward Marine Industrial Center—20 x 20 feet 8. Ballaine at Wellington Park Please refer to Maps attached to this policy for specific site locations. Each site's boundaries will be clearly marked and will be signed as a designated mobile vending location with the hours of allowable operation. Vendors are required to operate within their designated areas only. The Washington Street site is designated in the downtown business district and will be permitted to operate between 10:00 p.m. and 6:00 a.m. Mobile vending in this location will not be permitted during the Annual Fourth of July Festival conducted by the Seward Chamber of CITY OF SEWARD,ALASKA RESOLUTION 2021-044 Commerce and Visitors' Bureau. The hours of operation for all other sites will be 6:00 a.m. to 10:00 p.m. Permit Term The term of a mobile vendor permit shall be from May 1 to October 31,with the exception of the two Seward Marine Industrial Center spaces, which shall be valid from date of issuance or January 1,whichever is later,through December 31. ROVING VENDING • Applications Permits shall be issued on a first-come, first-served basis. Applications will be date- and time- stamped as they are received, and will be maintained by City Clerk's office in the order in which they were received. A $50 non-refundable filing fee is required to submit a permit application. Multiple roving vendor permits are allowable. Permit applications must be processed and issued within sixty(60) calendar day period. This period begins with a written notice from the City Clerk's office to the applicant notifying them that their application is being processed. From the date of that written notice, the applicant has sixty (60) days in which to satisfy the application requirements, including providing Certificate(s) of Insurance, photos, proof of a current City of Seward business license, a waste management plan, and $250 permit fee made payable to the City of Seward. If these criteria are not satisfied within the sixty (60) day processing period, the permit application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a roving vending permit which has been issued and which has been revoked or suspended or which has been voluntarily vacated by the permittee shall also cause the next application on the waitlist to be taken up and processed. Locations The City of Seward shall limit the number of roving vendors to four (4). Seward City Code 15.10.225(d)(1) designates roving vendors shall not vend on any public street where the legal speed limit exceeds 25 miles per hour, or on Fourth Avenue between Port Avenue and Van Buren Street, and also excluding that portion of Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. Please refer to Maps attached to this policy for specific route exclusions. Permit Term The term of a roving vendor permit shall be valid from May 1 to October 31. CITY OF SEWARD,ALASKA RESOLUTION 2021-044 Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 12th day of April 2021. THE ITY F S WARD,ALASKA sty Terry, ayo AYES: Osenga, Casagranda, DeMoss, McClure, Terry NOES: None ABSENT: Seese, Baclaan ABSTAIN: None ATTEST: cMc Brenda J. Ballou, MMC 4-;A y c /e r !c City Clerk (City Seal) •..4%4y OF SE •• V>`;..OELP O1 q.`rQ + • • s SEAL 1 • ••ygT OFis ",•'* ............... Agenda Statement Meeting Date: April 12, 2021 To: City Council From: Brenda Ballou, City CIerk Agenda Item: Updating The Mobile Vendor And Roving Vendor Policy For Permitting Vendors On City-Owned Property BACKGROUND &JUSTIFICATION: The city's Mobile and Roving Vendor Program began in 2014, and had some success in the early years. In 2018, improvements were made to the program in response to feedback received from the participants,including adding a new location and moving the application date to align with obtaining commercial insurance. On March 22,2021,Vice Mayor Baclaan brought forward a discussion item in response to feedback from business owners which brought attention to the desire to create a process whereby returning vendors would have the"first right of refusal"for the location they were permitted for the previous year.Baclaan shared his own firsthand experience as a Mobile Vendor,pointing out that in order for a business owner to make improvements year over year, they needed to have some assurance that they could count on having the same location again. Allowing a returning vendor to have an extra two weeks to submit their renewal application for the same location as they were permitted for the previous year is an accommodation that the city clerk's office can easily make on the application/workflow side of things, yet will result in a big positive impact for the business owners. INTENT: Improve the city's mobile and roving vendor program by allowing returning vendors to have "first right of refusal" on the location they were permitted for the previous year. CONSISTENCY CHECKLIST: Yes No NIA 1 Comprehensive Plan (document source here): X Economic Development 3.1.1 2 Strategic Plan (document source here): X Vision, page 2 3. Other(list): 108 FISCAL NOTE: There is no fiscal impact associated with this resolution. Approved by Finance Department: _ ATTORNEY REVIEW: Yes No RECOMMENDATION: Approve Resolution 2021-044, to update the mobile vendor and roving vendor policy for permitting vendors on city-owned property 109