Loading...
HomeMy WebLinkAboutRes1996-013 , ~ ~ Sponsored by: Garzini & Mm:phy CITY OF SEWARD, ALASKA RESOLUTION NO. 96-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING FEES AND POLICY FOR PERMITTING TRANSIENT MERCHANTS ON CITY PROPERTY WHEREAS, the solicitation of sales or funds on City property originally required approval from the Chief of Police, and Resolution No. 83-18 established fees for permits issued by the Chief of Police; and WHEREAS, Ordinance 96-08 authorized the City Clerk to permit the solicitation of sales or funds on public property in accordance with a policy set by City Council resolution; and WHEREAS, it is the intent of this resolution to set a policy for the City Clerk regarding requests to conduct business on property owned or controlled by the City in order to ensure that pedestrians and vehicles can safely access and travel the City rights-of-way and public parking lots; and WHEREAS, it is further intended to exempt incidental fund-raising activities of charitable, religious, civic, educational or other nonprofit organizations from the permitting process provided that such activity does not exceed two weeks duration; and WHEREAS, it is necessary to re-establish fees for the temporary use of City property for the solicitation of sales or funds by transient merchants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Resolution No. 83-18, is hereby rescinded. Section 2. In accordance with SCC ~ 8.10.015, the following policies and procedures are hereby established for the City Clerk to permit transient merchants on property owned or controlled by the city. A. Request for Proposals for Transient Merchant Sites. No later than March 31, 1996, and no later than December 15 of each subsequent year, the City Clerk shall publish a request for proposals for seasonal transient merchant sites designated in accordance with Section D, subject to the following: CITY OF SEWARD, ALASKA RESOLUTION NO. 96-013 1. The required minimum fee, initially set at $600.00 for a calendar year plus a $100.00 refundable cleaning deposit, shall be determined annually by resolution of the City Council. 2. Proposals for a transient merchant to vend on public property shall be submitted to the City Clerk on a form approved by the clerk and shall be accompanied by the following: a. a filing fee of $100.00; b. a complete description and photograph of the equipment to be used for display, storage, or other purposes related to the proposed business including all distinctive markings and signs; and c. a complete description of the type(s) of goods and services that shall be offered under the license. 3. criteria: a. b. Proposals shall be reviewed and sites assigned based on the following conformance with the city code and applicable policies and procedures completeness of application c. selection through a lottery process conducted by the City Clerk's Office. 4. Prior to the award of a site assigrunent, the proposer shall submit the following within 30 days of the date of the notice of award of a vendor permit by the City Clerk: a. proof that the applicant has obtained the following licenses: 1) State of Alaska business license 2) City of Seward business license 3) Kenai Peninsula Borough sales tax registration certificate 4) health permits required for the preparation and sale of food or beverages 5) any additional licenses required by local, state or federal law; and b. Payment of the permit fee offered in the proposal c. Proof of insurance 5. The filing fee of $100.00 will be returned to any unsuccessful proposers following award of the site assigrunents. 6. Applicants who operated for at least three months during the previous year may renew a permit for the same location for up to two additional seasons at the original rate plus 10%, except that those sites located in the Harbor Commercial Zone are subject to annual approval by the Harbormaster. Notice of a permittee's intent to renew must be received by the City Clerk between October 1 and December 1. , ~ ~ CITY OF SEWARD, ALASKA RESOLUTION NO. 96-013 B. Transient Merchant Sites Not Assigned bv Bid. Those public sites designated as available for transient merchants which are not assigned under Section A shall be issued on a fIrst- come/frrst-served basis beginning March 1 of each year subject to a non-refundable $100.00 fIling fee, conformance with the city code and applicable policies and procedures and receipt of a completed application as required by the City Clerk. Upon issuance of a permit and prior to operation, the permittee shall pay a monthly permit fee, initially set at $150.00 per month. c. Transient Merchant Permits: 1. shall permit operation of a transient merchant at a specified site for a specified period not exceeding 150 consecutive days during a calendar year. 2. shall not be granted for any location on or within public sidewalks, rights-of- way, publicly owned or operated parking lots or land designated as park on the official City of Seward Zoning Map; 3. shall not be assigned or transferred; 4. shall be prominently displayed at the permitted site; and 5. may be revoked by the City Clerk for violation of any policy approved by the City Council, upon determination that the operation of the permittee is causing a hazard or a significant disruption of pedestrian or vehicular traffic, that the area affected by the permit is required for public purpose, or for other cause. D. Available City Propert]. Prior to October 1 of each year, the City Manager shall evaluate possible transient merchant locations and, with the concurrence of the City Council, designate those available sites during the following calendar year. Initially, the following sites, identified on the attached maps, shall be available for permitted transient merchant operations: 1. Two sites, not to exceed 32 square feet each, within the Small Boat Harbor Public Plaza subject to the approval of the Harbormaster (Exhibit A). 2. One site not to exceed 32 square feet, along the boardwalk, that does not interfere with boardwalk foot traffic or parking, in the Small Boat Harbor which is bordered by Ray's Waterfront to the north, The Landing to the south, the public parking lot to the west, and the tidelands to the east (Exhibit B). E. Development Requirements. In addition to the transient merchant development requirements set forth in the Seward Zoning Code, transient merchants permitted to vend on public property shall conform to the following requirements: CITY OF SEWARD, ALASKA RESOLUTION NO. 96-013 1. Transient merchant sites on public property shall be totally self-contained. 2. driveway. A site must be at least 20 feet from a Fire Department or Police Department 3. A site must be completely outside of the sidewalk area adjacent to any part of a posted bus stop. 4. A site must be at least five feet away from a crosswalk, fire hydrant, fire escape or the curb edge of a sidewalk. 5. A site must not be adjacent to a sidewalk curb which has been painted or designated red, yellow, or blue. 6. No tarps or plastic sheeting shall be allowed. 7. A cart which is authorized under this section to be placed in the Small Boat Harbor shall be of such a size and nature or so equipped that it may be moved quickly and easily by one person. 8. A permittee shall not engage in hawking. 9. At the end of the permit period, the assigned vendor site shall be cleared of all vendor activity, equipment, and materials and the site returned to its pre-permit condition. 10. Transient merchants permitted to vend on public property shall conform to all applicable federal, state and local laws and requirements. E. Insurance Required. 1. Each transient merchant must obtain at least one million dollars of public liability insurance naming the City of Seward as an additional insured. Prior to beginning operation, a permittee must provide the city with a broker's certificate of insurance including provision for 30 day notification to the City of Seward if the policy is modified, canceled or terminated. 2. Every policy of insurance offered shall be acceptable only if it is approved by the municipal risk manager. 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 26th day of February, 1996. ,,------- cITY Of SEW ARD, ALASKA RESOLO'flO~ ~O. ~ AYES: ~OES: A~SE~'f : p..BS'f Al~ : A 'f1'ES'f: 'fBl' Cl~ OF sEW MtD, ~"" ~\UO' C-, I)eet<', y\!, l{ing, Si"",inski ~one ~one ~one ~ (City S~l(~nllluu ...... .~.,. '" = "~I ~4t; .J~ ...."... :~,'. ~,. " .~~.. .:- ~. ...... ,. .' ,,t ! ~..:{.",;,., .' ': :~:j '~d, .. ..,. ..;:. =: ',,': ~ c ~. , .,::: , .. " .. . - ,i>. ". :: '.:, ."~':"h c', ..:: :. '. '."': 'I." .' ",.:: ;',::~ ~;/'::,J' <;;,"/ '" -'1;: J2 C. ',: ~ '........}..... , - - <- a a ~ <;( -...J @ N. HARBOR ST. l.J..J .::) ~ ~ ~ ~ "L" "f(' @ "f "fi' lOt ., ,. .0' \ ~ '. : \.: ~ "- _ u.s.c;~..... ~ ....usr.....- ~ 1ft . " >. \"\ .. ~ ,() < ~ ~o ", ~ .:' ~ ::t. > , .~ ~ '- tT\ .,.10/ : L \-,0 5. HARBOR ST ~ @ " .~. '\ -r:: oFf 1/ If /; ~ CD a IX: ~