Explanation
This ordinance enacts new City Code to establish a licensing scheme regulating community markets on public property. Community markets are organized gatherings of persons primarily selling or offering for sale any handmade merchandise or farm products on a temporary basis on public property. In summer 2011, the City identified the need to regulate markets operating on public property. Several issues identified included a lack of uniform adherence to City codes creating safety risks, unlicensed vendors operating on sidewalks in the public right of way, impeding the flow of pedestrian traffic, the need for safety plans to protect both vendors and market-goers, and a complicated application process.
This legislation creates a streamlined process that increases public safety, encourages vibrancy, and aids sponsoring organizations and participating vendors by reducing bureaucracy. It establishes a one-stop-shop for applicants to interact with all relevant City departments throughout the permitting process and facilitates coordination between City departments in reviewing and approving permit applications. It better ensures public safety by requiring a site plan, a safety plan, and liability protection. Organizers and participating vendors are also now allowed to sell from the sidewalk without requiring approved vendors to get a separate peddler license.
Title
To amend Title 5 of the Columbus City Codes by enacting new Chapter 524, entitled "Community Markets On Public Property," to establish licensing requirements for community markets operating on public property.
Body
WHEREAS, there is a need to establish a Chapter in the Columbus City Code, 1959 for the purpose of regulating community markets operating on public property; and,
WHEREAS, this ordinance streamlines the licensing process for community markets by creating a consolidated application process and establishing a one-stop-shop for applicants; and,
WHEREAS, this ordinance increases public safety by requiring a site plan, a safety plan, and liability protection; and,
WHEREAS, taken together, these changes will increase public safety, reduce bureaucracy, and encourage a vibrant community; and,
WHEREAS, this ordinance establishes language and authorizes the enactment of Chapter 524 of the Columbus City Code, 1959 for the above-described purpose; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Columbus City Codes Chapter 524, entitled "Community Markets On Public Property," be and hereby is enacted as follows:
Chapter 524 - Community Markets On Public Property
524.01 - Definitions.
(a) "Community Market" means any organized gathering of persons to primarily sell or offer for sale on a temporary basis upon public property any handmade merchandise, fruits, meats, dairy, vegetables, garden produce and/or food for human consumption. Additionally, merchandise, goods, wares, food or drink for human consumption, services or other commodities may also be sold.
(b) "Farm products" means any fruit, vegetable, nut or plant grown from the soil or hydroponically that bear fruit, vegetables, beans, dairy products, eggs or meat, including but not limited to beef, chicken, turkey, pork or fish.
(c) "Merchandise" shall mean goods bought and sold in business.
(d) "Itinerant Vendor" means any person(s) transporting stock of goods to a temporary place of business in order to make sales.
(e) "Sponsoring Organization" is the corporation, partnership, unincorporated association or individual(s) who operates the community market.
(f) "Public property" means right-of-way (see C.C.C. 900.06B), sidewalks (see C.C.C. 907), streets, alleys (see C.C.C 900.02) or highways (see C.C.C. 900.08) owned by the City of Columbus. However, this chapter is not intended to regulate city owned land bank property that is being utilized for community gardens. Likewise, this chapter is not intended to regulate community markets on private property.
524.02 - License required for sponsoring organization and vendors of merchandise.
No sponsoring organization, corporation, partnership, unincorporated association, individual(s) or organization of any kind shall operate a community market without first obtaining a license.
If you are an approved vendor participating in a licensed Community Market, you are exempt from obtaining a Commercial Sales License.
524.03 - License application.
Application for the license required by C.C. 524.02 shall be made to the License Section on a form to be provided. The License Section may require information given by the applicant to be under oath.
524.04 - License issuance, fee, and term.
(a) The Section may issue the license required by this chapter to applicants who:
(1) Have applied as provided in Section 524.03 of this chapter; and
(2) Are in compliance with all applicable requirements and have paid for and obtained any permits, license or prior approval required by the city; and
(3) Pay a license fee of $150.00, a ten dollar ($10.00) application fee and all other fees associated with the any additional permits.
(b) The license shall expire on the thirty-first day of December following the date of issue. No refund shall be made to any licensee because of his/her failure to use such license for the full term for which it has been granted.
524.05 License refusal, suspension and revocation.
Failing to adhere to the requirements of this chapter may result in a license refusal, suspension and/or revocation.
524.06 License appeals.
Any individual or organization who has been refused a license or renewal of a license under this chapter or has had a license issued under this chapter suspended or revoked, may appeal such decision as provided by Chapter 505 of the Columbus City Code, 1959. (Ord. 1174-85.)
524.07 - Community Market rules.
(a) Community Markets shall provide to the License Section as part of their application an acceptable:
(1) Safety plan that addresses evacuation plans, weather radar monitoring, steps for securing equipment and communication with staff, vendors and spectators.
(2) Site plan that illustrates the layout of the market to include, but is not limited to: the location of itinerant vendors, tents, garbage receptacles, recycling receptacles, barricades, fire hydrants, fire lane, bus stops, parking meters, building exits, and parking.
524.08 - Operating restrictions.
(a) Operate between the hours of 8 am and 12 am Sunday through Saturday. If there is a desire for the community market to operate after 12 am, the sponsoring organization must submit a letter for approval from the safety director.
(b) Operate in a contiguous manner meaning that the market shall have a continuous border with no lapse in distance.
(c) Permanent, regular sales are prohibited in areas that are zoned solely residential.
(d) Only itinerant vendors listed on the community market application are eligible to sell from the public property during the approved time, date and location of the Community Market. This provision is not applicable to fixed storefronts that may sell from the adjacent right-of-way and who do not to violate any other Columbus City Code under Title 9.
(e) Itinerant vendors must maintain a minimum of five (5) feet of unobstructed sidewalk at all times as to not impede pedestrian traffic or interfere with sidewalk dining lease areas. All ADA requirements must be met.
(f) The sponsoring organization must obtain a Street Occupancy Permit (CCC906) if meters need to be taken out of service during the community market.
(g) Business loading zones, including permanent valet parking zones, shall not be disrupted without written approval to the holder of the Community Market License.
524.09 - Insurance requirements.
The sponsoring organization of a Community Market shall show evidence of liability protection in the amount of one million dollars ($1,000,000) set forth in the form of a bond from a licensed bonding company or an insurance policy written by an insurance company duly licensed to transact such business in the State of Ohio or written through a citizen of this state duly licensed as provided by Ohio Revised Code 5905.03 covering the permit holder for damages imposed by law on account of bodily injuries, death or property damages resulting from the operations of the Community Market. The City of Columbus shall be an additional insured on the policy.
524.10 - Violation and termination for cause and convenience.
Whosoever violates any section of this Chapter shall be guilty of a misdemeanor of the forth degree. A violation of any other section of Chapter 524 shall be grounds for immediate suspension or revocation of the Community Market Permit. Lastly, the City may terminate this license for its convenience upon fifteen (15) days after written notice to the applicant.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.