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Home My WebLink About0929ORDINANCE NO. 929 (1982 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 8 ARTICLE VI OF THE SAN LUIS OBISPO MUNICIPAL CODE TO REGULATE SALES ON STREETS AND SIDEWALKS BE IT ORDAINED by the Council of the City of San Luis Obispo that Chapter 8 is hereby added to Article VI to read as follows: "SECTION 6800. Purpose. The Council of the City of San Luis Obispo finds that the continued unrestricted use of the public sidewalks by merchants for the display of merchandise creates potential health and safety hazards. Council further finds the unrestricted display of merchandise on public sidewalks may have an adverse impact on the aesthetics of the City. It is the intent of the City Council to regulate sales on streets and sidewalks in order to insure the safe and unobstructed passage of all pedestrians and motorists using the public right -of -way. SECTION 6801. Sales on Streets • - General. Except as herein otherwise provided, it shall be unlawful in the City for any person to leave, or cause to be placed, any personal property upon any sidewalk, gutter, alley, or street of the City, whether or not such property upon any sidewalk, gutter, alley, or street of the City constitutes merchandise of any store, without first obtaining a City permit. The personal property referred to in this Section includes, but is not limited to,produce, merchandise, store boxes, store substances, or materials, signs or any other object or implement of any class, kind or' character. This Section shall not be construed to.prohibit parking of automobiles where otherwise allowed. SECTION 6802. Sidewalk Sales Permit. The Community Development Director may issue use permits for sidewalk sales subject to the following conditions and limitations: 1. Applicants must be retail merchants possessing a valid City business license and having a fixed place of business within the City. MEW Ordinance No. 929 (1982 Series) 2. Each permit shall expressly provide that sidewalk sales shall be limited to Saturday during the hours of 9:00 a.m. and 5:00 p.m. 3. Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pursuant to the permit 'shall extend no further along the sidewalk than the exterior limits of the merchant's place of business. 4. Each permit shall expressly state that no obstruction shall be placed upon the public sidewalk extending in excess of four feet into the sidewalk from the front of any structure, provided that in all cases a minimum sidewalk depth of 5 feet from the curbing shall be kept clear of any obstruction. 5. Each permit shall be in effect for a period of twelve (12) months from'-the time of issuance. 6. Each permit shall specify all signage to be used in the conduct of the sidewalk sale, provided that in no circumstances shall any sign be allowed in excess of 812 X 11 inches in size. Signage shall be allowed only for the purpose of stating the price of items or articles for. sale. 7. The Community Development'Director may approve a permit subject to additional conditions as he finds reasonable and appropriate. SECTION 6803. Sidewalk Sales - Group Permit for Area Wide Sales Sponsored by Merchant's Association The Community Development Director may issue group permits for area wide promotional sidewalk sales subject to the following conditions and limitations: 1. All permits shall be issued to a bonafide merchant association comprised of retail merchants having fixed places of business within the City and desiring to sponsor a special program, event or sale. 2. No permit shall be in effect for more than three (3) consecutive business days. 3. Each permit shall describe the geographic area entitled to the group permit and expressly provide day or days and hours that such sales shall be allowed. -2- Ordinance No. 929 (1982 Series) 4.Use; permit shall expressly, state that no obstruction shall be placed upon the public sidewalk extending in excess of four feet into the sidewalk from the front of any structure, provided that in all cases a minimum sidewalk depth of 5 feet from the curbing shall be kept clear of any obstruction. 5. The Community Development Director may approve a permit subject to additional conditions as he finds reasonable and appropriate. 6. Each permit shall specify all signage to be used in the conduct of the sidewalk sale, provided that in no circumstances shall any sign be allowed in excess of 8 1/2 X 11 inches in size. Signage shall be allowed only for the purpose of stating the price of items or articles for sale. SECTION 6804. Hold Harmless Clause. Each permit issued for sidewalk sales shall include an agreement wherein the recipient of the permit agrees to hold the City harmless from liability arising from the conduct of such outdoor sales. Said agreement shall state that: The recipient of this permit thereby agrees to hold the City harmless from, to defend the City against, and to indemnify the City from all claims, demands, and suits made against the City, its officers, or its employees, including attorney's fees and court costs incurred by the City arising from any act or omission on the part of the recipient, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the recipient, in the prosecution of sales upon the sidewalks or any portion thereof. SECTION 6805. Liability Insurance. Each permit issued for sidewalk sales shall include an agreement wherein the recipient of the permit agrees to indemnify the City from any liability arising from the conduct of such outdoor sales, and shall name the City as an additional insured on an insurance policy, to the approval of the City Attorney. SECTION 6806. Revocation. Any permit issued may be revoked by the Community Development Director -3- Ordinance No. 929 (1982 Series) and the privileges granted thereunder terminated (1) in the event the Community Development Director finds and determines, in his sole discretion, any permittee has failed to abide strictly with the conditions of the permit, or (2) in the event the Community Development Director determines that continued exercise of the privileges granted hereunder may be detrimental to the public health, safety and welfare. Revocation by the Community Development Director of any permit is appealable to the City Council, upon written notice of appeal to be filed with the City Clerk. Said appeal shall be filed with the City Clerk within 10 calendar days of receipt of notice by the holder of the permit that said permit has been revoked ". SECTION 2. A summary of this Ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least three (3) days prior to its final passage in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days afters its said final passage. A copy of the full text of this Ordinance shall be on file in the Office of the City Clerk on and after the date following introduction and passage to print and shall be avail- able to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting held on the 6th day of July , 1982, on motion of Councilman Griffin , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey and Mayor Billig NOES: :None ABSENT: Councilman Dunin -4- Ordinance No. 929 (1982 Series) ATTEST: CITYI CLERK PAMELA VO S APPROVED: City Administr tiv Offic r City Attorney Community Development Director -5- 77T -i %c,) r,- u W] ORDINANCE NO. 929 (1982 Series) FINALLY PASSED this 27th day of July 1982, on motion of Councilwoman Dovey , seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Dovey, Griffin and Vice Mayor Dunin NOES: None ABSENT: Councilman Settle and Mayor Billig ATTEST: ty Clerk Pame Voges V/ Mayor Ron Dunin