Loading...
HomeMy WebLinkAboutRES2024-011 Mobile Vendor Update Sponsored by: City Clerk Amended and Approved: February 12, 2024 CITY OF SEWARD,ALASKA RESOLUTION 2024-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, UPDATING THE MOBILE 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, 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, 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, the Planning and Zoning Commission held a work session on November 21, 2023 to discuss the mobile vending program and'provide recommendations for the 2024 fee schedule and other aspects of the program; and WHEREAS, Ordinance 2024-003 will allow for vending carts and vehicles to remain in place overnight; and WHEREAS, based on feedback and discussion of the 2023 summer season, this resolution will further update the policy by reorganizing the vending locations and incorporate the 2024 fee schedule approved by council. 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 four new locations on the Wellington Slab to create a main hub for vendors. One additional harbor location has been added inside the South Parking Lot. Several other locations have been removed due to negative feedback from the vendors. There is no change to the Roving Vendor maps previously approved by council. CITY OF SEWARD, ALASKA RESOLUTION 2024-011 Page 2of2 Section 3. 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 February 2024. THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: Barnwell, Crites, Calhoon, Osenga, Finch, Wells, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Kris Peck I01„111„8 City Clerk •�•..l Of SEe'• (City Seal) � V GA R4r0, 6 '; (. ( SEAL / •vez t. ' '• cS� ••. NE 19 .• Q� •• •., fiOFA‘ •40 Resolution 2024-011 City Council Agenda Statement Meeting Date: February 12, 2024 To: City Council Through: n/a From: Kris Peck, City Clerk Subject: Resolution 2024-011: Updating The Mobile Vendor Policy For Permitting Vendors On City-Owned Property Background and justification: This update incorporates the 2024 Fee Schedule that was approved by Council on January 8, 2024. For mobile and roving vendors, the fees are now a $300 monthly fee option and the $1200 full season permit. There is no longer a $50 application fee or a location waitlist for vendors. The locations have been revised to add four spots on the Wellington Park concrete slab with the idea of a centralized hub for vendors in a prime location. One additional harbor spot has been added in the South Parking Lot. The new $300 monthly fee helps offset the potential parking revenue for that spot. Several other spots have been deleted due to negative feedback, complicated rules, or lack of interest from the vendors. The spots being deleted are the two at SMIC, two in the campgrounds, one overnight spot on Washington Street and one on the harbor Uplands. The single spot near Wellington Park has also been deleted in favor of consolidating the four new spots onto the concrete slab. Please see attached policy with additions in yellow and deletions in grey. Also included are the maps for the mobile vending locations. 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 End of Agenda Statement 112 City of Seward Mobile & Roving Vendor Policy 2024 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 B 105(e)(f) (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. Mobile Vendor: A person or business that sells food or permitted types of goods from City- approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a licensed trailer pulled behind a motor vehicle. Roving Vendor: A person who offers only pre-packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. 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 processed by city clerk's office in the order in which they are received. 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. This first right of refusal will only apply to full season permit holders. New Applications New applications for a vending permit will be accepted by the city clerk beginning March 1st each year for the current year. Application Processing Only complete applications will be accepted along with payment in full. There are no refunds allowed. Applications must include the following in order to be complete: • Application form filled out completely and all fees paid in full; and • Certificate(s) of Insurance — Commercial General Liability and Workers Compensation (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 Program established by Ordinance 2014-004 Policy Updated by Resolution 2024-011 Page 1 City of Seward Mobile & Roving Vendor Policy 2024 • Indemnification statement signed. Permit Terms & Fees There are four monthly options at $300 each or a full season permit for $1200. Along with a complete application, the vendor will pay all permit fees and the permit shall be issued by the city clerk's office. Monthly Permit Fee is $300. There are four monthly options available: a) May 15-June 14 b) June 15-July 14 c) July 15-August 14 d) August 15-Sept 15 Full Season Permit Fee is $1200. The full season is defined as May 15 -September 15. Only full season permit holders are eligible for the first right of refusal for the next season. Permits are non-transferrable, non-refundable and are not eligible for subleasing. Vendors may surrender their permit at any time by submitting a written statement and returning the physical permit to the city clerk. Permitted vendors may transfer to an open and unused location upon written request, and subsequent approval by the city clerk. Mobile Vendor Locations The City of Seward shall designate mobile vending locations and boundaries within city limits as follows: l.Wellington Spot 1 2. Wellington Spot 2 3. Wellington Spot 3 4. Wellington Spot 4 5. Harbor - Permit Parking Lot 6. Harbor -South Parking Lot 7. Branson Pavilion Please refer to Maps attached to this policy for specific site locations. All site boundaries are 10 x 20 feet. Each site's boundaries will be clearly marked and will be signed as a designated mobile vending location. Vendors are required to operate within their designated areas only. Program established by Ordinance 2014-004 Policy Updated by Resolution 2024-011 Page 2 City of Seward Mobile & Roving Vendor Policy 2024 Hours of Operation The hours of operation to be open for business are 6:00 a.m. to 10:00 p.m. Vendors are permitted to actively set up and shut down operations outside of these hours as needed. Vending carts are allowed to remain in place overnight. However, the vending units shall not be occupied overnight or used for sleeping. Serve to Sidewalk Locations #1-4 (Wellington Park) must serve towards the concrete slab. Location#5 (Permit-Only Parking Lot) must serve to the sidewalk on Fourth Avenue. Location#6 (South Parking Lot) must serve to the sidewalk on Fourth Avenue. Roving Vendor 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. 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. Fire Inspection The City of Seward follows the International Fire Code which means all mobile vendors will be subject to inspection from the City Fire Department. The Fire Department will check vendors for applicable safety requirements such as a fire suppression system, secured propane tank, and fire extinguishers. If the vendor is cooking and producing smoke or grease laden vapors an automatic suppression system is required. 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 2024-011 Page 3 City of Seward Mobile & Roving Vendor Policy 2024 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 or Fire 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. 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. 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; Program established by Ordinance 2014-004 Policy Updated by Resolution 2024-011 Page 4 City of Seward Mobile & Roving Vendor Policy 2024 • 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. Program established by Ordinance 2014-004 Policy Updated by Resolution 2024-011 Page 5 AW ►-•�!�► •.�ire!`�_• ''. % - r � . _ +`. r � s jdIV t . - • • + IL low • 46 ''+�' ON IL .410 it i� 1 • • -♦rim • �.#. • . s s _ Y , 40 ' A.- , r jF V R Y r r i i - m •A' • i t • F , Wellington Park Updated February 2024 fA Mobile Vendor Locations N Vendor Space Size 10 x 20 feet Vendor spaces are not to scale. yy + Ma 0 65 130 260 Feet Due to different data sources property lines and aerial imagery do not overlay 5 ' correctly. Map is to be used for orientation and reference purposes only. Enlargement South Permit sow � JJ I x i4 1 Lj r ~1 -a ' �. 5 5 tiZ V - _ W South Harbor Area Updated February 2024 a. Mobile Vendor Locations N Vendor Space Size 10 x 20 feet fx' 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 correctly. Map is to be used for orientation and reference purposes only. ADAMS Jr Y .r it �w R •- _ LU Location 7 Nift Ar P. Ab M/r 4 y• i. _ r ��s..ka^. !'� .r,' J•yam,,_,. {. k E �yy A ► + \ Branson Pavilion Area Mobile Vendor Location N Vendor Space Size 10 x 20 feet 0 25 50 100 Feet Vendor spaces are not to scale. Map Due to different data sources property lines and aerial imagery do not overlay 6 Mapping Assistance b Alaska Ma Company,LLC correctly.Map is to be used for orientation and reference purposes only. pp g Y p