Outdoor Vending

Dear Management Doctor:

The City of Savannah is considering regulating permanent or temporary outdoor vending of pushcarts/kiosks on private property. One case in point is Home Depot allowing someone to set up outdoor vending for the sale of retail items. Have you had any experience in dealing with this type of issue and/or a sample ordinance. The issue is allowing vending done on private property as an ancillary use with a strict set of requirements. Any thoughts?

Thanks!

Alexander C. Ikefuna
City of Savannah, GA

Dear Alexander:

I know there are cities that regulate outdoor vending on public property but am drawing a blank on outdoor vending on private property. I assume it would relate to a category of outdoor sales in general. Let's see if our readers can come up with some examples. You might also call APA and see what they have.

Good luck,

The Not So Smart Management Doctor on this one

Reader Responses

Here's a response to the question about outdoor vending; we include it within our overall regulations, rather than as a separate one.

A. OUTDOOR VENDING REQUIRES PERMIT. The sale of goods other than from a farm or ranch stand pursuant to Section 3-302: Farm or Ranch Stand, from an open stand, push cart, vehicle or an outdoor site, but not from a permanent building, is permitted as an accessory use. An applicant shall obtain an Outdoor Vending Permit from the Planning Department, and shall comply with the following requirements; the permit shall be issued for a period of 150 consecutive days for each one-year period.

  1. PURPOSE OF VENDING LIMITED TO FOOD AND BEVERAGES. Outdoor vending shall provide no service or product other than the sale of food or beverages for immediate consumption. No food or drink may be sold except as allowed by the Colorado Department of Public Health and Environmental Consumer Protection Division.
  2. LOCATION OF VENDOR. An outdoor vendor shall:
    1. HAVE OWNER'S PERMISSION. Locate on property owned or leased by the vendor or where he has obtained notarized written permission of the property owner. A copy of the permission shall be submitted to the Planning Department.
    2. NOT LOCATE IN ROADWAY OR RIGHT-OF-WAY. Not locate within any road or highway right-of-way, driveway or aisleway, within 35 feet of a residential property boundary, within a required setback, or in any parking spaces. An outdoor vendor shall not obstruct pedestrian or vehicular traffic, or obstruct motorists' vision.
    3. ADVERTISING. Any signs advertising an outdoor vending operation shall comply with Section 5-409: Signs.
    4. PARKING. If necessary because the vending requires parking of vehicles, and the proposed site has no existing parking, the applicant shall be responsible for providing an area of the site that complies with the requirements of Section 5-410: Off- Road Parking and Loading Customers shall be provided space to safely pull off the road and park without causing congestion or hazards either to themselves or to traffic. Parking spaces shall not be located so vehicles can back directly onto a public road other than an alley.
    5. TRASH CONTROL. Where an outdoor vendor is distributing products that may result in trash, such as food in disposable containers, the outdoor vendor shall provide trash containers and make adequate provision for trash control and removal. The outdoor vending site shall be maintained by the vendor in a clean and sanitary condition.
    6. SEWAGE DISPOSAL. Use of any facilities for sewage collection and gray water disposal shall comply with the Gunnison County Individual Sewage Disposal System Regulations.
    7. BUSINESS LICENSE. The applicant shall secure any necessary licenses, and pay any fees required by the Gunnison County Officer of Clerk and Recorder to operate the business.
  3. FEES. The fee for an Outdoor Vending Permit shall be as shown in a schedule of fees charged for permits issued by the Planning Department, and as adopted, and amended from time to time by the Board.
The City of San Gabriel has standards for vending carts on private property. These can be found at www.sangabrielcity.com and click the link to the Municipal Code and go to Section 153.163.

Mark Gallatin, AICP
City of San Gabriel, CA

The City of Santa Maria has an ordinance that prohibits the outside display and sale of merchandise (which includes push carts and kiosks) subject to some exceptions. Click here, and click on the Municipal Code link. Go to Title 12. The outside display and storage can be found in Chapter 12- 43 and also in Section 12-13.16.

Marc Bierdzinski, AICP
City of Santa Maria, CA
www.ci.santa-maria.ca.us/newspage/index.html

Click here to check with the City of Santa Barbara.

Larry Appel
Santa Barbara, CA
http://www.ci.santa-barbara.ca.us

The City of Irvine and the City of Palm Desert, both in California, allow outdoor vending on private property. You may want to contact them.

Bob Storchheim

We regulate this type of activity through a conditional use process if it is intended to be permanent. The criteria for CUP deals with impacts to the neighborhood, traffic and site circulation, parking.

If it is temporary, we deal with it under a "special event" permit. By temporary I mean a weekend event.

Click here for our municipal codes.

J. Wayne Oldroyd, AICP
City of Maryland Heights, MO
http://www.marylandheights.com

I would suggest that the standards for outdoor vendors focus on the issues necessary to protect the public interest i.e., what, if any, are the parking implications? Signs associated with the vendor? Pedestrian circulation issues? Additionally, location should be a key factor i.e., vendors cannot occupy required parking areas, be located in required setbacks, buffers, landscaped areas, etc. If the vendor is part of the principle business and setting up in a courtyard, are any additional regulations necessary?

One example comes to mind. In either Sevierville or Pigeon Forge, TN, there are vendors on the Wal-Mart property that are not associated with Wal-Mart. (It is possible the property is in Sevier County, but I think it is one of the cities. I think the city limits of each city abut each other.) Perhaps one of those cities have regulations to address the situation.

By the way, rural areas have outdoor vendors on private property called roadside stands or produce stands. (At least they are on private property when the county requires that such stands be off the ROW.)

V. Gail Easley, FAICP
The Gail Easley Company

I think this ordinance might meet your needs.

Vernon Gerth
Vernon Hills, IL

ARTICLE VI. OUTDOOR DINING AND SEATING AND MERCHANDISE DISPLAYS AND SALES

DIVISION 1. GENERALLY
Sec. 10-190. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

  • Outdoor dining and seating. Outdoor dining and seating shall mean the area where the serving and/or consumption of food and/or drink is provided in a commercially-zoned district and in an area not fully enclosed within the principle building by walls and a roof, but is located immediately adjacent to the business that sells or distributes food and drink.
  • Outdoor merchandise displays and sales. Outdoor merchandise displays and sales shall mean the area where the display and/or sale of merchandise is provided in a commercially-zoned district and in an area not fully enclosed within the principle building by walls and roof, but is located immediately adjacent to the business that sells or distributes the merchandise.
  • Outdoor establishment. Outdoor establishment shall mean any business that has received approval from the village board to operate an outdoor dining and seating and/or outdoor merchandise display and sales areas on private property.
    (Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-191. Outdoor establishment plan—Standards of review.
The village board shall approve an outdoor establishment plan and application if it makes all the following findings:

  1. The proposed plan is consistent with any specific plans adopted for the area.
  2. The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area.
  3. The nature, configuration, location, density, and manner of operation of any outdoor use proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.
  4. The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.
  5. The proposed plan will not create any significantly adverse parking impacts as a result of employee or patron parking demands.
  6. The proposed plan will not create any significantly adverse impacts on neighboring properties as a result of:
    • The accumulation of garbage, trash or other waste.
    • Noise created by operation of the outdoor use or by employees or visitors entering or exiting the building or area.
    • Light and glare.
    • Odors and noxious fumes.
  7. The proposed plan will not be detrimental to the public health, safety, or general welfare.
  8. The proposed plan will not obstruct pedestrian traffic or impede building egress and exiting.

In approving an outdoor establishment plan, the village board may impose such conditions, as it deems appropriate to protect the public health, safety and general welfare.
(Ord. No. 2000-61, § I, 8-15-00)

DIVISION 2. PERMITS
Sec. 10-192. Outdoor establishment permit required.
It shall be unlawful for any person to operate an outdoor establishment without having first obtained a permit therefor from the village. An application for permit shall be made on form(s) prescribed by the village clerk, and shall be accompanied by the required outdoor establishment plan and nonrefundable permit application fee. Outdoor establishment plans and applications shall be reviewed and approved by the village board. The permit shall be valid from April 15 through September 30 unless the village board approves alternative dates.
(Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-193. Renewal of outdoor establishment permit.
An outdoor establishment permit shall be renewed when the following conditions exist.

  1. The applicant has operated an outdoor establishment in accordance with an approved plan during the previous year.
  2. The previously approved outdoor establishment plan will remain valid and unchanged for the term of the renewed permit.
  3. The permittee has submitted the required renewal application and permit fee prior to April 15.
    (Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-194. Fees.
The original application fee for a permit under this division shall be $100.00. The fee for renewal of the permit shall be $25.00.
(Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-195. Terms (prorating fee).
Each permit under this division shall terminate on September 30 following the date of issuance. Application and permit fees shall not be prorated.
(Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-196. Transfer and permit display.
No permit under this division shall be transferable and [permits] shall be displayed in view of the outdoor establishment for the duration of the permit.
(Ord. No. 2000-61, § I, 8-15-00)

DIVISION 3. OPERATING REQUIREMENTS
Sec. 10-197. Outdoor dining and seating.

  1. Unless otherwise stipulated in the outdoor establishment plan, outdoor activities shall not commence before April 15 of any given year and shall be removed by September 30 the same year.
  2. All table umbrellas must be free of advertising and must be anchored to a moveable base.
  3. All tables, chairs, and umbrellas shall be removed from pedestrian sidewalks and placed inside the establishment at the conclusion of the day.
  4. All debris created from the seating must be removed from the sidewalk and placed inside the establishment at the end of the day.
  5. At no time shall the tables and chairs block or impair pedestrian movement on all sidewalks. A pedestrian walkway, a minimum of four feet in width, shall be provided between any seating area and any street, parking lot, or other areas traveled by motor vehicles.
  6. The owners and operators of the establishment shall hold the Village of Vernon Hills harmless against any and all claims for injury arising out of the outdoor seating.
  7. No additional signage shall be displayed.
  8. No outdoor establishment shall be located on any area designated for parking of motor vehicles.
    (Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-198. Outdoor merchandise display and sales.

  1. Unless otherwise stipulated in the outdoor establishment plan, outdoor activities shall not commence before April 15 of any given year and shall be removed by September 30 the same year.
  2. No merchandise shall be stored on areas other than those depicted on the plan.
  3. Merchandise shall not be stored immediately adjacent to any street, parking lot, or other area traveled by motor vehicles unless separated by a fence, wall, and four-foot pedestrian walkway.
  4. At no time shall display areas or merchandise block or impair pedestrian movement on sidewalks. A pedestrian walkway, a minimum of four feet in width, shall be provided between any merchandise or display and any street, parking lot, or other areas traveled by motor vehicles.
  5. No outdoor establishment shall be located on any area designated for parking of motor vehicles.
  6. The owners and operators of the establishment shall hold the Village of Vernon Hills harmless against any and all claims for injury arising out of the outdoor sales.
  7. No additional signage shall be displayed.
    (Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-199. Penalty.
Any person violating any of the provisions of this article, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day that an offense continues shall constitute a separate offense.
(Ord. No. 2000-61, § I, 8-15-00)

Sec. 10-200. Suspension and revocation of outdoor establishment permit.
If the building commissioner determines that there has been a violation of any condition imposed pursuant to an outdoor establishment plan or approved permit and the applicant has failed to maintain the outdoor establishment in accordance with the approved plan and permit, the building commissioner may schedule a hearing before the village board, who shall determine that there has been a violation of a condition imposed pursuant to an outdoor establishment plan and permit, then the village board may invoke a reasonable fine or suspension up to and including permit revocation.
(Ord. No. 2000-61, § I, 8-15-00)

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