What are you thoughts? And does anyone have examples of cities that allow street vending and what their policies/regulations are on it?
What are you thoughts? And does anyone have examples of cities that allow street vending and what their policies/regulations are on it?
One aspect to consider in how you might regulate street vendors is that vast majority of street vendors today often are minorities (hispanics, africans, asians) and often the attempts to regulate are seen as racism. I have seen where the people wanting the regulations are often white store owners (such as in taco carts versus restaurants) which only adds fuel to the fire. While the regulation of street vendors on the surface can seem like a legitimate exercise of police power to curb an unslightly and often bothersome commerce, it can quickly turn into a ethnic nightmare if you have opposing sides that are whites imposing the laws versus ethnic minorities with the businesses.
The other side of the coin is that street vending allows small-scale entrepreneurs to enter the marketplace at a relatively low cost. This is why many immigrants go this route - low start up costs and for many immigrant communities, inter-group lending allows them to get the enterprise off the ground.
Personally, I don't find them messy or unsightly. I think they bring a lot of liveliness to street culture and can activate areas that lack activity.
The relationship between vendors and storefronts has some legitimate concerns as vendors may be seen as taking business away from stores (who pay more in rent). Others have argued, though, that the increased traffic and appearance of busy-ness benefits all. The Project for Public Spaces generally promotes street vending as a way to stimulate public culture and activity. You might look at their website for details and they may address issues of regulation as well: http://www.pps.org/
The purpose of life is a life of purpose
This is what I could find for the code, but I do not know how well it is enforced.
But I can tell you that a lot of street vending still happens and it is the same people that have been there for years.
I also found this link which discusses fees from 4 years ago, but it was all I could find.
Annual permit fee for each art, craft, or flower vendor $240
Annual identification card fee for each employee of an art, craft, or flower vendor $5
Last edited by JMplanner; 24 Jun 2009 at 6:07 PM. Reason: Changed from 15 years ago to only 4 years ago
We allow it. But our weather is not particularly conducive to street vending since it's very windy in the summer and rainy the rest of the time.
As used in this chapter, “street vendor” means any person who travels from street to street upon public rights-of-way with food, beverages, flowers, balloons or similar items and offers them for sale from a nonmotorized mobile type device such as a pushcart or like conveyance. (Ord. 82-4 § 1)
5.28.020 License required – Fees – Issuance.
A. No person shall operate as a street vendor without a street vendor license as provided in this chapter.
B. The annual license fee shall be in an amount set by the city council for the cost of administering this licensing program, and such fee shall not be refunded if a license is not issued.
C. The annual license fees of this chapter are in addition to the city occupation tax, and street vendors shall comply with all provisions of the occupation tax ordinance (Chapter 5.04 LCMC).
D. Licenses shall be issued by the planning department after compliance with this chapter by the applicant. (Ord. 2001-11 § 2; Ord. 93-6 § 1; Ord. 82-4 § 2)
An applicant shall obtain and file with the city a certificate showing a public liability, food products liability and property damage insurance policy protecting the licensee and the city from all claims for damage to property or bodily injury, including death, which may arise from operations under the license. The insurance shall provide coverage of not less than $200,000 for bodily injury for each person, $500,000 for each occurrence, and property damage of not less than $500,000 per occurrence. The insurance shall be without prejudice to other coverage and shall name as additional insureds the city of Lincoln City, its officers and employees, and shall further provide that the policy shall not terminate or be canceled without 30 days’ written notice to the city. (Ord. 93-6 § 2; Ord. 82-4 § 3)
5.28.040 Inspection and permits.
A. Prior to issuance of a street vendor license the building official and the State Fire Marshal shall inspect each pushcart. The building official shall certify that the device is structurally and mechanically sound, the design will not create a nuisance or hazard to the public and the size of the cart meets the requirements of LCMC 5.28.050. The State Fire Marshal shall certify that any cooking or heating apparatus is in conformance with the provisions of applicable fire codes.
B. No person shall be issued a street vendor license unless he submits with his application proof that all health and sanitary permits required by the state and county have been obtained. (Ord. 82-4 § 4)
5.28.050 Pushcart size.
The size of a street vendor cart shall not be greater than four feet in width and eight feet in length. (Ord. 93-6 § 3; Ord. 82-4 § 5)
All utensils and equipment used by a licensed street vendor shall be maintained in a clean and sanitary condition and shall conform to all standards prescribed by state law and county ordinance and regulations adopted pursuant thereto. (Ord. 82-4 § 6)
5.28.070 Areas for street vending.
A. Street vendors may operate on:
1. Private property zoned general-commercial or recreation-commercial;
2. City parks, the community center, the 51st Street turnaround, and public rights-of-way in general-commercial and recreation-commercial.
B. Street vendors shall not operate within:
1. Any part of Kirtsis Park and Ballfield which is north of NW 22nd Street;
2. State of Oregon parks or waysides, unless granted a permit by the Parks Division of the Oregon Department of Transportation. (Ord. 93-8 § 1; Ord. 82-8; Ord. 82-4 § 7)
5.28.080 Method of operation.
A. No street vendor shall have an exclusive right to any location.
B. No street vendor shall occupy any area within 10 feet of a crosswalk, alleyway or building doorway.
C. Pushcarts shall be located on the sidewalk as close as safely possible to the curb, and no street vendor shall obstruct or impede vehicle or pedestrian traffic.
D. Street vendors shall pick up any paper, cardboard, wood, or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street within 25 feet of a pushcart at any time it is in a stationary position and the street vendor is conducting business, and shall be responsible for the disposal of same.
E. No street vendor shall make any loud noise for the purpose of advertising or attracting attention to his wares.
F. No pushcart shall be left unattended.
G. No street vendor who serves food shall occupy an area within 50 feet of a customer entrance of a restaurant unless the pushcart is operated from private property owned by the licensee. (Ord. 93-8 § 2, 3; Ord. 82-4 § 8)
No person shall demand any pecuniary benefit from a street vendor in return for allowing a vendor to locate adjacent to a business in a public right-of-way. As used in this section, “pecuniary benefit” includes property and any other commercial interest. (Ord. 82-4 § 9)
5.28.110 Violation – Penalty – Abatement – Revocation.
A. Any street vendor who violates any of the provisions of this chapter commits a civil infraction. Any such infraction shall be punished under the provisions of Chapter 1.16 LCMC as a Class B civil infraction.
B. Each day’s violation of a provision of this chapter constitutes a separate offense.
C. Any violation of this chapter is deemed a nuisance. The abatement of such a nuisance is in addition to any other penalty or remedy. A nuisance may be abated as provided in LCMC 8.12.150 through 8.12.180, or in any other manner authorized by law.
D. In addition to other penalties or remedies, the municipal court judge may revoke a street vendor’s license upon a finding that a street vendor has violated a provision of this chapter. The order of revocation shall be entered at the time of the entry and declaration of forfeiture pursuant to the provisions of Chapter 1.16 LCMC. (Ord. 93-6 § 4; Ord. 82-4 §§ 11, 12)
Very difficult to do in this town because that's the way people want it.
I agree with wahday. We Americans are often way too much into making averythin uniform and conforming. (But that's another rant.)Personally, I don't find them messy or unsightly. I think they bring a lot of liveliness to street culture and can activate areas that lack activity.
People like it. It gives them a chance to grab something quickly, or try something out of the ordinary. And it add a unique element to a town's fabric. Where else can you find vegetarian soul food but from a cart in downtown Tally. And we have a hot dog emporiam that has been around a long time (more than ten years (Dog et al) that started as a hot dog cart, then grew to two carts...
A number of years ago, I worked for a City that had an ordinance similar to what Otis described. Licenses were regulated and a criminal background check was performed by the Police Dept. What amazed me (naive that I am) was how many potential vendors had a criminal back round of pedophilia- love to sell ice cream to little kids.
There were parks within the cbd and it is amazing how trusting people are in letting their children go get an ice cream.
The same license allowed for transient sales any place in the city.
The biggest compliant (if I remember correctly) was that the flower people took business away from the florists with flower shops.
Some of the restraunts might complain but in realty it is probably different in each city.
The licensing was not a tax and the licenses could be suspended or denied and the applicant or licensee had the right of appeal though the city prior to going to court.
Also an excellent chance to sell other "things" to adults.
I became a believer licensing after working in that city
It seems like "FatCat" typifies the unfounded prejudices that exist against street vendors. Pedophile drug dealers. Give me a break. By the way, does the Police Department require criminal background checks for people applying for business licenses for standard businesses locating in buildings. If not, I would say that you are practicing guilt by association and racial profiling and violating the civil rights of street vendors.
I'm not sure the rationale, but a great many cities require criminal background checks on street vendors and drivers of any sort (taxis, delivery trucks, etc.). Some cities I believe also require them for certain activities like alcohol sales and adult entertainment. In some fields, being licensed requires background checks from the certifying organization (lawyers, mortgage brokers, etc.).
Again, I don't know the rationale for focusing on vendors (curtailing the fencing of stolen goods perhaps?) but I do know it is very common all over the country.
I don't think its fair to jump on Fat Cat for reporting on what was experienced. They weren't responsible for writing or insisting on the ordinance, afterall, and it seems a valid observation to say that there were a number of applications from registered sex offenders if that was the case. This is just data. I think raising the question is valid, but I don't think leveling it at Fat Cat is...
I can say that at least in my old neighborhood at least one of the roving ice cream trucks was selling "illicit" entertainment alongside iced goodies as they tried to sell me some
The purpose of life is a life of purpose
As with most planning depts in large cities, you have a city attorney assigned to when you go to planning meetings or zoning meetings, I worked for this city for a few years as a planner before moving on to another city (actually this was probably 5 or 6 cities ago) It was not always the same attorney each time, I dont remember how they were assigned but as planners we did not generate enough work to rate a full time staff attorney out ot the attorneys office, One the attorneys came from the same ethnic back ground as myself and he would talk about the vendors as well as other things, Also one of the other attorneys that was assigned to the planning dept would talk about it, I guess it was more exciting than planning, I do remember that the denial or suspension of a license had to be for a conviction pretaining to the license activity, in other words a conviction of non support or bad checks did not apply to a street vendor.
As I recall either all or most of the convicted pediphiles were middle aged caucasion males. I certainly do not mean that all middle aged caucasion males fall in this catagory.
I was just offering an experience with a city that I had worked for
This was the only city that I worked in where I had contact with attorneys that also worked in that field.
Typically the cities that I have worked for contracted out for land use attorneys even when there were in house attorneys.
We have a large Hispanic population due to a meatpacking plant. There are no businesses around the plant but those workers still need to eat lunch so taco trucks fill the void. Like someone else mentioned, it's typically the "older" people that complain about the trucks. I can see how they may not fit on the side of a suburban street but in a parking lot they are just fine in my book. The biggest legitimate complaint we see is that customers block alleys and sidewalks with their cars when they get food - that could get annoying as a neighbor.
The state of Iowa regulates that these mobile food vendors physically move at least every three days (not just shut down) and that poses a problem for us because we require a temporary use permit which states you can be there for seven days. Since they need both permits (us and the state) the communication isn't very good because they wonder why they get in trouble for staying more than 3 days when "the permit" says they have 7 days.
Also, because we don't enforce state health regulations, the trucks don't always move every three days, and that makes neighbors mad. We tell them to contact the state and they don't understand that we don't have the power (or desire) to enforce state laws.
It's a touchy subject and if you focus on the traffic issue and not what product they are serving you'll stay out of legal trouble.
I think that properly regulated street vending is positive.
What you want to avoid is a raggedy ass 'souk' look. But properly turned out carts are ncie adn lively.
I used to work for a bank that owned a big chunk of "!sidewalk" (for alck fo a better term). They allowed a coffe (espresso, etc.) cart there and it worked very well.
Street food is one of the things I wish there was more of in the US. Anchorage has a bunch of reindeer sausage carts in the downtown during the summer. There is a block that has two right next to each other. I asked one of the operators why their carts were so close together and he said the city tells them where they can be when they receive their permits and that he would much rather be in another spot (the two carts are the only ones for hundreds of feet - it seems silly to force them so close together).
Albany, NY has a large street vendor area around what's called "West Capital Park" which is the small square bounded by the State Capitol, the State Office Mall, the A E Smith State Office Building, and the State Ed building. There are also other vendors further down Capital Hill, although not nearly as numerous as the vendors around the Capitol. When I worked in downtown Albany, it was where we got lunch most days during the summer.
Licenses are required and vendors are assigned "stalls" (parking spots), but I don't know much else about them (it's going on 11 years since I moved from Albany and 18 since I worked in downtown Albany).
Augie: Some cities allow it, some don't. Some that do allow but don't welcome street vendors with open arms charge an outrageous amount of money for the permit.
In most cases, even when cities don't allow curbside vendors, you are still allowed to operate a vending cart on private property as long as you have a witten permission, proper licensing, permits, insurance, State health inspection, etc...
Street vending is usually governed by the city, county, and state. Some states require vendors to use a comissary (which can be difficult to find), some don't. Some will not allow you to prepare any food from home (all food must come from the comissary's licensed commercial kitchen) while others will let you cook from your home as long as your kitchen passed state inspection.
I'm too new to name a website, but if you do a search for "World's Best Carts", it should take you to a very informative website and lots of helpful links for each county, state/province and countries. Also, search "hot dog carts for profit"; Lots of hints on how to get started, not necessarily w/ hot dogs.
What are my thoughts? Personally, I think they should be allowed in all towns. However, if I owned a Hot Dog Charlie restaurant and paid $4000.00/month rent, I might have a little problem w/ them.
Linda, the vendors on State street aren't regulated by the city of Albany but by NYS only since the Capitol Park is governed by the state. I suppose the same goes for all state capitals and Washington DC.
BTW, they are still there and all have long lines of customers at lunch time. The city of Albany allows st. vending, but only has 22 dedicated spots, all taken of course. Vendors are still allowed to park on private parking lots.
The town of Bennington VT allows it for now, but restaurant owners are trying to have it banned. They are chasing one vendor right out of town and up to Manchester.
In the downtown, they make for quick cheap lunches for workers and tourists alike. Street vendors and food trucks are really great for street culture, activity, eyes on the street, facilitating public interaction, etc. Boston, where I live now, doesn't have them, which sucks.
I saw a really great session on street vendors at the APA conference in 2008. Some cities go to extremes with regulations, such as mandating only fake wooden wheels instead of the more practical rubber wheels.
Here's Philly's code...
Here's the APA session (probably pretty boring without slides)...
Here's a blog on open air markets and street vending...
India has about 10 million street vendors.Inspite of steet hawking believed to be "a natural market formed because of local needs". they face a mix of problems high rental fees,paying bribes due to their illegal status in India. Bhowmik, professor of sociology at the University of Mumbai said in his research paper cites figures saying that street vendors pay 10 to 20 percent of their earnings as such fees.
Planning for poor need to be part of the process of urban planning like for example in Kuala Lumpur food courts are made compulsory in high-rise buildings, to push the vendors towards a legal status and offering them a permanent space to sell.
In my city, Hyderabad in 2006 the local authority has got out (though its hardly implemented) a "Policy on street vending and hawking", you can go through the actual policy document which tells how the hawker zones are delineated and monitored etc http://www.ghmc.gov.in/approvedplans...ng_Hawking.pdf
In Milwaukee this past summer we saw a surge in new street vendors (Streetza, Pita Bros, Satellite Crepes), which has been great as for years we basically had hot dogs, and brats available and that was it. I haven't found the regulation yet, but I do hope the city looks to make it easier to open this type of business, as street food is part of city life.
We are currently seeing an explosion in this trend. With shows like Food Network's "Food Truck Race" and the acceleration in growth of our downtown entertainment district, which has virtually no restaurants open late at night, they are popping up everywhere downtown AND at school campuses. Our ordinance requires them to obtain a 'permit', which we recently found out wasn't taking anybody that needed to be included into consideration (fire marshal/building official/planning director/etc). The ordinance requires a 'license' to be on public property, but other than that, allows it; this contradicts another part of our code which does not allow it in city parks or on city property and violates agreements the city has made with specific vendors. Lots of anger there. The 'permit' is intended for sales on private property - which in the past were being handed out like candy without checking the zoning - lots setting up in residential neighborhoods and the like. It's a huge problem for us that we need a drastic overhaul of ordinance to address.
Here on the Front Range, this issue is just starting to ramp up. I think the idea is great and should do a lot to get both lunch and evening economies going. Yes, yes, yes, traffic, congestion, permits, yada. The upside is better than the work-conflicts created.
Is it a fad or a trend? Who knows? But in Civic Center Park - where the USA Pro Cycling Challenge ended Sunday - the food trucks are so popular they moved in table and chairs to meet demand.
An excellent way to activate spaces, if you just think about it a little bit.
Absolutely. I think also in this economy (which is spurring a lot of innovation and entrepreneurship as a result of difficult times) its a great way to allow people to enter the market with relatively low financial obstacles. Its nothing compared to a storefront restaurant in terms of rent, driving traffic to your spot (you drive to where the people are) and employing a large staff. As I have mentioned, I saw a lot of food trucks in Philadelphia run by recent immigrants that did very well for themselves, particularly because of the ease of getting started.
So, I think facilitating this type of business is good on many levels. This trend is growing quickly here as well. While I can see there may be a fad nature to it in some markets, the Philadelphia trucks I spoke of have been an institution there for a long time. My experiences were from undergrad back in the late 1980s and there are still plenty of trucks in that city. So, I think it has some lasting potential, depending on the market. I would also say that if it can succeed here, it has a good chance of working in most places. We are a very poor state and low expendable income is a big factor that has made many businesses fail - restaurants, boutique type shops, etc. There is some support for those types of businesses, but it can be a real challenge if you are not in the right location at the right time and a high percentage fail.
The purpose of life is a life of purpose
Please tell me what is the primary benefit of the support that the Street Vendor Project gives to the vendors?