Chapter VIII, Section III - Street Vendors
Sec. 8-3-1 Definitions
Sec. 8-3-2 License required
Sec. 8-3-3 Applications
Sec. 8-3-4 Issuance
Sec. 8-3-5 Vending prohibited in certain locations
Sec. 8-3-6 Display of license
Sec. 8-3-7 Advertising
Sec. 8-3-8 Renewal
Sec. 8-3-9 Denial, suspension or revocation
Sec. 8-3-10 Procedures for denial, suspension or revocation
Sec. 8-3-11 Penalty
Sec. 8-3-1. Definitions.
For the purpose of this Chapter, the following definitions shall apply:
Local Licensing Authority means the Board of Trustees of the Town of Eaton, State of Colorado.
Motor vehicle means any vehicle used for the displaying, storing or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the Department of Motor Vehicles.
Stand means any table, container, showcase, bench rack, pushcart, wagon or other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the Department of Motor Vehicles, used for the displaying, storing or transporting of articles offered for sale by a vendor.
Vendor means any person engaged in the selling or offering for sale of food, beverages or merchandise on public streets or sidewalks from a stand or motor vehicle or from his or her person. (Ord. 502 §1, 2003)
Sec. 8-3-2. License required.
(a) It shall be unlawful to sell or offer for sale any food, beverage or merchandise on any street or adjacent sidewalk within the limits of the Town without first obtaining a license therefor.
(b) Exemptions from the licensing requirements shall be granted to local community nonprofit organizations or participants at community events such as Eaton Days, vendors who only visit construction sites for a brief period of time to serve construction workers and vendors whose sole purpose in visiting a premises is primarily for delivery. (Ord. 502 §1, 2003)
Sec. 8-3-3. Applications.
The application for a vendor's license shall include the following information:
(1) The name, home and business address of the applicant. The name and address of the owner, if other than the applicant, of the vending business stand or motor vehicle to be used in the operation of the vending business.
(2) A description of the type of food, beverage or merchandise to be sold.
(3) A description of the specific location of the vending business. Also include the name, home address of the landowner and written consent of the property owner.
(4) A description and photograph of any stand or motor vehicle to be used in the operation of the business, including the license and registration number of any motor vehicle used in the operation of the business.
(5) A copy of a certificate of inspection as required by the Weld County Health Department.
(6) Proof of an insurance policy issued by an insurance company licensed to do business in the State protecting the licensee and the Town from all claims for damages to property and bodily injury, including death, which may arise from operation under or in connection with the license. Such insurance shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advanced written notice to the Town. (Ord. 502 §1, 2003)
Sec. 8-3-4. Issuance.
Not later than forty-five (45) days of the completed application for vendor's license, the applicant shall be notified by the licensing officer of the decision on the issuance or denial of the license. The Town Clerk, with the advice of the Town Administrator, is hereby designated as the licensing officer who shall consider the standards set forth in Section 8-3-3 above in determining whether to grant a license. If the issuance of the license is approved, the licensing officer shall issue the license. If the license is denied, the applicant shall be provided with the statement of the reasons therefor, which reasons shall be entered in writing on the application. The license issued pursuant to this Section is valid for a period of not more than twelve (12) months from the date of issuance. A license to vend adjacent to the sidewalk shall specify the location from which vending is permitted and shall only be valid for vending at that location. (Ord. 502 §1, 2003)
Sec. 8-3-5. Vending prohibited in certain locations.
Vending is prohibited with the following exceptions:
(1) Vending from stands on sidewalks is prohibited but may be conducted adjacent to sidewalks.
(2) Vending from motor vehicles is permitted except on streets and intersections where it would interfere with traffic.
(3) Prohibited conduct. No vendor shall:
a. Vend on any street or sidewalk where vending is prohibited.
b. Leave any stand unattended.
c. Store, park or leave any stand overnight on any street or sidewalk or park any motor vehicle other than in a lawful parking place in conformance with Town parking regulations.
d. Sell food or beverages for immediate consumption unless he or she has available for public use his or her own or public litter receptacle which is available for his or her patron's use.
e. Leave any location or close business for the day without first picking up, removing and disposing of all trash refuse remaining from sales made by him or her.
f. Leave any items relating to the operation of the vending business to be placed anywhere other than in, on or under the stand or motor vehicle.
g. Set up, maintain or permit the use of any table, crate, cart rack or any other device to increase the selling or display capacity of his or her stand or motor vehicle or other items that have not been described in the application.
h. Solicit or conduct business with persons in motor vehicles upon or adjacent to a state highway.
i. Sell anything other than that which he or she is licensed to vend.
j. Sounding or permit the sounding of any device which produces a loud and ruckus noise or use or operate any loud speaker, public address system, radio sound amplifier or similar device to attract the attention of the public unless specifically authorized by the licensing officer.
k. Vend without the insurance coverage as specified in Section 8-3-3 above.
(4) No vendor selling from a stand on the sidewalk shall:
a. Vend within twenty-four (24) feet of the crosswalk at any intersection.
b. Vend within twenty-four (24) feet of any bus stop sign.
c. Lean against or hang from any building or other structure placed on public property any items related to the operation of the vending business without the owner's permission.
(5) No vender selling from a motor vehicle shall:
a. Conduct his or her business in such a way as would restrict or interfere with the ingress or egress of any private property or create or become a public nuisance, increase traffic congestion or delay or constitute a hazard to traffic, life or property, or an obstruction to adequate access to fire, police or sanitation vehicles.
b. Stop, stand or park his or her vehicle upon any street or permit it to remain there.
c. Stop, stand or park his or her vehicle upon any street for the purpose of selling nor sell on any street under any circumstances during the hours when parking or stopping has been prohibited by signs or curb markings or is prohibited by statute or ordinance.
d. Stop, stand or park his or her vehicle within twenty-four (24) feet of any intersection except the vehicles vending products likely to attract children as customers shall park curb side when stopping to make a sale as close as possible to a pedestrian crosswalk without entering an intersection or otherwise interfering with the flow of traffic.
Health and safety vendors of food and beverages shall comply with all inspection provisions and standards established by the Weld County Health Department, Colorado Department of Public Health and Environment or other state or local agencies. (Ord. 502 §1, 2003)
Sec. 8-3-6. Display of license.
All licenses shall be openly displayed at all items during the operation of the vending business in accordance with these provisions. (Ord. 502 §1, 2003)
Sec. 8-3-7. Advertising.
No advertising, except posting the prices, shall be permitted on any stand or motor vehicle, except to identify the name of the product or the name of the vendor, and all such advertising shall be approved prior to display by the Town Administrator. (Ord. 502 §1, 2003)
Sec. 8-3-8. Renewal.
All licenses are valid for the entire licensing period unless revoked or suspended prior to expiration. Application to renew a license shall be made not later than forty-five (45) days before the expiration of the current license. (Ord. 502 §1, 2003)
Sec. 8-3-9. Denial, suspension or revocation.
Any license may be denied, suspended or revoked for any of the following causes:
(1) Fraud or misrepresentation contained in the application for the license.
(2) Fraud or misrepresentation made in the course of carrying on the business of vending.
(3) Conduct of the licensed business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals.
(4) Conduct of the licensed business contrary to provisions of this Section. (Ord. 502 §1, 2003)
Sec. 8-3-10. Procedures for denial, suspension or revocation.
(a) The Local Licensing Authority, on its own motion or on complaint, after investigation, notice and public hearing at which the licensee shall be given an opportunity to be heard, may suspend or revoke any license issued under the provisions of this Section if the licensee violates any of the provisions of this Section or any of the terms, conditions or provisions of the license.
(b) Notice of suspension or revocation, as well as notice of any suspension or revocation hearing, shall be given by mailing the same, certified, to the licensee at the address contained in such license. The notice of a revocation or suspension hearing shall set forth the probable cause to believe the licensee has violated terms of the provisions of this and more or any of the terms, conditions or provision of the license. The Local Licensing Authority shall cause to be served upon such licensee a notice of hearing ordering the person charged to appear and show cause why the license should not be suspended or revoked.
(c) In the event the licensee is found not to have violated any law, rule or regulation, the charges against him or her will be dismissed. If the licensee is found to have violated the provisions of this Section, his or her license may be suspended or revoked.
(d) Temporary summary suspension where the Local Licensing Authority has reasonable grounds to believe and finds that the licensee has been guilty of a deliberate and willful violation of any provisions of this Section or that the public health, safety or welfare requires emergency action and incorporates such findings in its order, it may temporarily or summarily suspend the license pending proceedings for suspension or revocation which shall be promptly instituted and determined. Such temporary suspending shall be for a period not to exceed fifteen (15) days. (Ord. 502 §1, 2003)
Sec. 8-3-11. Penalty.
A person who violates the requirements of this Chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment of not more than one (1) year or by both such fine and imprisonment. (Ord. 502 §1, 2003)
