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HomeMy WebLinkAboutRES2023-020 Updating Mobile Vendor & Roving Vendor Program Sponsored by: City Clerk CITY OF SEWARD,ALASKA RESOLUTION 2023-020 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 over time, improvements have been made in response to vendor requests and feedback; and WHEREAS, Resolution 2014-048 set forth the policy which outlined the rules and requirements for administering the program; 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, Resolution 2021-044 amended the policy to create a "first right of refusal" renewal process for returning vendors; and WHEREAS, based on feedback from vendors throughout the 2022 summer season, this resolution will further update the policy to meet the needs of business owners, consolidate the policy information to make it easier to understand, and add two new locations to 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 and Roving Vendor Policy as attached herein. Section 2. The Mobile Vendor locations maps have been updated to add two new locations and are approved as attached herein. There is no change to the Roving Vendor maps previously approved by council. Section 3. The applications for the Mobile and Roving Vendor Program are approved as attached herein. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th day of February 2023. CITY OF SEWARD, ALASKA RESOLUTION 2023-020 THE CITY OF SEWARD, ALASKA cttiPny\ Sue McClure, Mayor AYES: Osenga, Finch, DeMoss, Calhoon, Wells, McClure NOES: None ABSENT: Barnwell ABSTAIN: None ATTEST: renda J. Ballo C City Clerk (City '''�(OF SE ,•### • • • --�— C: • • • ke SEAL = • tps:114, q'Y #''• OF ALP,:0% 4.,/esilsso City Council Agenda Statement Meeting Date: February 13, 2023 To: City Council From: Brenda Ballou, City Clerk Agenda Item: Resolution 2023-020: Updating The Mobile Vendor And Roving Vendor Policy For Permitting Vendors On City-Owned Property Background and justification: The city's Mobile & Roving Vendor Program began in 2014, and had some success in the early years. In 2018 and 2021, improvements were made to the program in response to feedback received from the participants. In 2022, the city issued the most permits to date for this program — seven locations out of eight were permitted. For 2023, there is interest in expanding the program to include two new locations —one near Branson Pavilion, and one at Benny Benson Park. This will enable up to ten (10) Mobile Vendors to be permitted for the summer season. In addition to adding two new locations, the policy has been consolidated where there were similarities for both mobile and roving vendors (previously the policy was redundant), and there have been updates and clarifications made to simplify the language that will help potential vendors understand the program more effectively. The policy is in keeping with the program provisions set forth in Ordinance 2014-004 which established the program. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Economic Development 3.1.1 Strategic Plan: Vision, Page 2 Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable 257 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Director Signature: Attorney Review,/ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: 258 City of Seward Mobile & Roving Vendor Policy The purpose of this policy is to provide rules and regulations for the Mobile and Roving Vendor Program on city-owned property. This policy is developed in accordance with Seward City Code Section 15.10.140 (Definitions) and Section 15.10.226 (Land Uses Allowed and Land Uses Allowed Table) and is provided to prospective vendors as part of the application packet. APPLICATIONS Applications & Fees 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 processed by city clerk's office in the order in which they are received. New Applications New applications for a vending permit will be accepted by the city clerk beginning March Ist each year for the current year. Exception: Applications for Mobile Vending at Locations 6 & 7 at SMIC may be submitted at any time throughout the year. Renewal Applications Returning vendors may submit a renewal application for the same location they were permitted for the previous year beginning February 15th. In this regard, returning vendors have the "first right" to return to their prior year's location. Exception: Renewal applications for Mobile Vending Locations 6 & 7 at SMIC may be submitted beginning December Ist Fees Application Fee. A $50 non-refundable application fee is required to initiate a new or renewal application. Permit Fee. Once the application is approved, the vendor will remit a $250 permit fee and the permit shall be issued by the city clerk's office. Wait List For mobile vendors, applications for multiple permits may be submitted in order to be put on the waitlist for different locations. If an applicant is issued a mobile vendor permit for one location, they may remain on other waitlists for any other locations and will have the option of changing locations, provided they surrender their current location with written notification to the city clerk. Separate applications and application fees for each location are required. If a vendor surrenders a permit for one location in order to receive a permit for a new location, a separate permit fee is required. Program established by Ordinance 2014-004 Policy Updated by Resolution 2023-020 Page 1 260 City of Seward Mobile & Roving Vendor Policy Application Processing Applications must be completed within a sixty (60) calendar day period. This period begins upon written notice from the city clerk's office to the applicant 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. Applications must include the following in order to be complete: • Application form filled out completely and $50 application fee paid; and • Certificate(s) of Insurance — CGL and WC (if applicable), plus additional as may be required by the city's risk manager; and • Two color photos of the vendor's operation set up; and • Measurements of operations (length and width); and • Proof of a current City of Seward business license; and • Indemnification statement signed. If these criteria are not satisfied within the sixty (60) day processing period, the application becomes null and void and the next application on the waitlist will be taken up and processed. In addition, a permit which has been issued, but 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. Permit Term The term of all vendor permits shall be from May 1 to October 31. Exception: Mobile Vendor Locations 96 & 97 at the Seward Marine Industrial Center (SMIC) shall be valid from date of issuance or January 1, whichever is later, through December 31. Permits Generally 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 Insurance Review A review of the permit application will be conducted by the city's risk manager (in consultation with the city's insurance provider, if applicable). Commercial General Liability Insurance-Required for all Mobile & Roving Vendors Each vendor shall be required to provide a Certificate of Insurance with the City of Seward as an Additional Insured for a Commercial General Liability policy with coverage for $2 million aggregate/$1 million per occurrence. Workers Compensation Insurance If the business has employees, state law requires Workers Compensation insurance. The City of Seward may require the vendor provide a Waiver of Subrogation. Program established by Ordinance 2014-004 Policy Updated by Resolution 2023-020 Page 2 261 City of Seward Mobile & Roving Vendor Policy The Alaska Workers' Compensation Act requires each employer having one or more employees in Alaska to obtain workers' compensation insurance, unless the employer has been approved as a self-insurer by the Alaska Workers' Compensation Board. Effective August 1, 2019, the following business owners/executives are exempt from having to insure themselves for workers' compensation liability: • Sole proprietor of a sole proprietorship; • Partners in a partnership; • Members of a limited liability company with a minimum 10% ownership interest; • Executive officers of municipal, religious, and legally registered nonprofit corporations are not considered to be employees unless the corporation specifically elects to cover them; and • Executive officers of for-profit corporations with a minimum 10% ownership interest. All entities listed above must still maintain workers' compensation coverage for employees, including family members and friends. In Alaska, workers' compensation insurance is provided either by the voluntary commercial market or the involuntary commercial market. Alaska does not have a state fund for workers' compensation insurance. Employers should contact their insurance agent or broker for assistance in acquiring a workers' compensation policy for their business. If a person is unable to obtain coverage from a commercial carrier, they may purchase insurance through Alaska's Assigned Risk Pool, which is administered by the National Council on Compensation Insurance (NCCI). NCCI may be contacted at 800-622-4123 and found online at: https://www.ncci.com. (Source: State of Alaska/DOLWD/Workers' Compensation) Commercial Auto Insurance -Required for all Roving Vendors May also be required for Mobile Vendors, if determined by the city's risk manager. Proof of Viable Insurance Policy If the vendor's insurance policy expires at any time during their permitted operation period, 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. OTHER Food Safety & Sanitation Food vendors must comply with all state and federal regulations necessary for proper food handling requirements as prescribed by the Alaska Division of Environmental Health. Indemnification 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. This clause is included on the permit application form and, when signed by the applicant, becomes binding upon issuance of the permit. Program established by Ordinance 2014-004 Policy Updated by Resolution 2023-020 Page 3 262 City of Seward Mobile & Roving Vendor Policy Waste Management Vendors shall keep their site free of litter at all times. Trash may not be deposited in any trash bin or receptacle owned by the city or privately owned without express permission from its owner. Traffic Laws Vendors must park their vehicles and equipment within the traffic patterns recommended by staff and in accordance with all traffic laws. 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. The Seward Police Department has the right to close down or relocate a vendor if vending is causing or contributing to an imminent public safety hazard. 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. ROVING VENDORS Permits Multiple roving vendor permits are allowable. 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. Hours of Operation The hours of operation will be 6:00 a.m. to 10:00 p.m. Program established by Ordinance 2014-004 Policy Updated by Resolution 2023-020 Page 4 263 City of Seward Mobile & Roving Vendor Policy MOBILE VENDORS Permits Only one mobile vending permit per person or business may be issued at any given time. Locations The City of Seward shall designate mobile vending locations and boundaries within city limits as follows: 1. Washington Street— 10 x 20 feet 2. Waterfront Park Campground (South)— 10 x 20 feet 3. Waterfront Park Campground (North)— 10 x 20 feet 4. South Harbor Uplands — 10 x 20 feet 5. Permit-Only Parking Lot on Fourth Avenue in Harbor— 10 x 20 feet 6. Seward Marine Industrial Center(South) —20 x 20 feet 7. Seward Marine Industrial Center(North)—20 x 20 feet 8. Ballaine at Wellington Park 9. Branson Pavilion— 10 x 20 feet 10. Benny Benson Park— 10 x 20 feet 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. Hours of Operation The hours of operation are 6:00 a.m. to 10:00 p.m. Exception: Location 91 (Washington Street) is designated in the downtown business district and is permitted to operate between 10:00 p.m. and 6:00 a.m. Serve to Sidewalk Location 91 (Washington Street) must serve to the sidewalk located on Washington Street. Location 95 (Permit-Only Parking Lot) must serve to the sidewalk located on Fourth Avenue. Blackout Periods Location 91 (Washington Street) will not be permitted to operate during the Annual Fourth of July Festival conducted by the Seward Chamber of Commerce and Visitors' Bureau. Location 94 (South Harbor Uplands) will not be permitted to operate on the day scheduled to set up the fireworks event during the Annual Fourth of July Festival conducted by the Chamber of Commerce and Visitors' Bureau. Program established by Ordinance 2014-004 Policy Updated by Resolution 2023-020 Page 5 264 1. i t is e. R Y �\Va N i� P o-, e All 12 �J11, ♦ rl Location 1 f Iliiiliiiii�liii�fl� 'ai � •�i z ' f 1� ' fie � R Ji I r n. M Washington Street Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. ` Map 0 45 90 180 Feet Due to different data sources property lines and aerial imagery do not overlay 1 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 265 a � S ry r.yt Location 3Abel .s x; s 4 Tip _ ' a5• rid - 10 v. p!, am w k Location 2 h F Waterfront Park Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. +' Map 0 50 100 200 Fee Due to different data sources property lines and aerial imagery do not overlay 2 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 266 r F Y t i' 1w 4 x W- ;TIV -, ,I r Location 5 °' Q Location 4 7 r,i p m f � � r ti i 4 s'C � ""0 Y nMr South Harbor Uplands Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. +' Map 0 70 140 280 Feet Due to different data sources property lines and aerial imagery do not overlay 3 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 267 s Location 7Li 1 + { a � �•p } } T f I ill € ro �I y✓x c , Location 6 . T AIM v d� 1 ; Seward Marine Industrial Center Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 20 x 20 feet Vendor spaces are not to scale. +' Map 0 100 200 400 Fee Due to different data sources property lines and aerial imagery do not overlay 4 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 268 �1 al i r g, n Location 8 r i t, M I7 l r. If y Wellington Park Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. Map 0 65 130 260 Feet Due to different data sources property lines and aerial imagery do not overlay 5 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 269 ADAMS #'1 �m r• .r n r: t" LU m Location 9 7 �r r .r S+- t Branson Pavilion Area Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. Map 0 25 so 100 Feet Due to different data sources property lines and aerial imagery do not overlay 6 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 270 e e flq .-vn' �. v .• .�rp�a ri n y a , ,,��y.y a r•'�t Y »t! lo .114 lop 1 Location 10 Ove n , Or _ i s. a - a. e f w r M1 ' ,t s. Benny Benson Memorial Area Resolution 2023-020 Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. +' Map 0 40 80 160 Feet Due to different data sources property lines and aerial imagery do not overlay 7 Mapping Assistance by Alaska Map Company,LLC correctly.Map is to be used for orientation and reference purposes only. 271 �6 2023 Roving Vendor Permit APPLICATION Check ONE: ❑ NEW Application (March I") ❑ RENEWAL Application (Feb 15th) Business Name: The name of the business MUST match the city business license name. Applicant Name: Mailing Address: PO Box Seward, AK 99664 or other: Phone: ( ) - E-Mail: 2023 City of Seward Business License 4: How many employees does this business have? Check ONE: ❑ Only Myself ❑ One+ Other Note: With few exceptions, Alaska law requires that each employer having employees working in Alaska carry a workers' compensation insurance policy which specifically covers their Alaskan exposure. For more information, contact the Alaska Division of Workers'Compensation at(907) 465-2790 or www.labor.alaska.gov/wc. I certify, to the fullest extent permitted by law, I agree to defend,pay on behalf of, indemnify, and hold harmless the City of Seward,its elected and appointed officials,employees and volunteers and others working on behalf of the City of Seward against any and all claims, demands, suits,or loss,including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Seward, its elected and appointed officials,employees,volunteers or others working on behalf of the City of Seward,by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof,which arises out of or is in any way connected or associated with this mobile vendor permit. Applicant's PRINTED Name Applicant's Signature Dated: 272 �6 2023 Roving Vendor Permit APPLICATION Describe the type of pre-packaged foods you are vending: Measurements of vehicle set up: Length x Width Note: Two color photos taken from different angles clearly showing the vending operations set up must be submitted with this application. Please read each item below and initial each item: I have sixty (60) days to complete this application with the City Clerk's office. I must display my permit in a prominent location on my vehicle. I can operate from 6:00 a.m. to 10:00 p.m. I must comply with all traffic laws. I must vend on public streets,parked within one foot of the curb or edge of the street, and I must serve to the side which is away from moving traffic. I may not remain stopped in one position for more than 30 minutes. I may not stop in any area where the speed limit exceeds 25 mph. I may not vend on Fourth Avenue between Port Avenue and Van Buren Street, nor on Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. I received information about rules for allowable signage. This permit may be revoked for non-compliance. I will report any concerns or issues I have to the city clerk immediately. 273 �6 2023 Mobile Vendor Permit APPLICATION Check ONE: ❑ NEW Application (March I") ❑ RENEWAL Application (Feb 15th) Business Name: The name of the business MUST match the city business license name. Applicant Name: Mailing Address: PO Box Seward, AK 99664 or other: Phone: ( ) - E-Mail: 2023 City of Seward Business License 4: Desired Location: F F 2 1 F 3 1 F 4 1 F 5 1 F 6 1 F Pick ONE Washington Waterfront Waterfront Harbor Harbor SMIC SMIC Wellington Street (South) (North) Uplands Permit Lot (South) (North) F 9-1 Fi-o Benny Branson Benson Park Pavilion How many employees does this business have? Check ONE: ❑ Only Myself ❑ One+ Other Note: With few exceptions, Alaska law requires that each employer having employees working in Alaska carry a workers' compensation insurance policy which specifically covers their Alaskan exposure. For more information, contact the Alaska Division of Workers'Compensation at(907) 465-2790 or www.labor.alaska.gov/wc. I certify, to the fullest extent permitted by law, I agree to defend,pay on behalf of, indemnify, and hold harmless the City of Seward,its elected and appointed officials,employees and volunteers and others working on behalf of the City of Seward against any and all claims, demands, suits,or loss,including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Seward, its elected and appointed officials,employees,volunteers or others working on behalf of the City of Seward,by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof,which arises out of or is in any way connected or associated with this mobile vendor permit. Applicant's PRINTED Name Applicant's Signature Dated: 274 �6 2023 Mobile Vendor Permit APPLICATION Describe your operation. Check ALL THAT APPLY: 111 use a motorized vehicle (car, truck, etc.)to TRANSPORT my equipment. While I am operating, the vehicle is parked (either within my allotted vending space or in an authorized parking space outside my allotted space). My vehicle is NOT part of my operations. ❑ My motorized vehicle is REQUIRED for my operations or my operations are completely contained within my motorized vehicle and my vehicle fits completely within my allotted space. ❑ I use a pop-up tent as part of my operations. ❑ Other—please describe: Measurements of operations set up: Length x Width Note: Two color photos taken from different angles clearly showing the vending operations set up must be submitted with this application. Please read each item below and initial each item: I have sixty (60) days to complete this application with the City Clerk's office. This permit affords me with a dedicated space assignment and my operations must be completely contained within that space. I must display my permit in a prominent location at my site. This permit allows me to operate during specific hours of the day only. I must set up and take down my vending operation daily; no items may be left or stored during off hours. I am responsible for providing waste receptacles within my space for the proper disposal of customer and business waste; disposal of waste in a city dumpster is prohibited. I received information about rules for allowable signage. This permit may be revoked for non-compliance. I will report any concerns or issues I have to the city clerk immediately. 275