AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING SECTION 6-815 AND ENACTING CHAPTER VI, ARTICLE 19, OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO, PERTAINING TO SIDEWALKS SALES.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Section 6-815 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby amended to read as follows:
6-815 SOLICITOR’S LICENSE EXEMPTIONS.
The provisions of this Article shall not apply to the following activities:
(a) Sales at wholesale to retail merchants by commercial travelers or selling agents in the usual course of their business.
(b) Wholesale trade shows or conventions.
(c) Fairs and convention center activities conducted primarily for amusement or entertainment.
(d) Any general fair, auction, or bazaar sponsored by any church, religious, or not-for-profit organization.
(e) Garage sales held on premises devoted to residential use.
(f) Sales of agricultural goods raised or produced by the seller and sold at an approved Farmer's Market.
(g) Any fairs, auctions, bazaars, or sales sponsored by any school, including the sale of concessions at any school event.
(h) Promotional trade or hobby shows conducted within structures that are zoned and site-planned for commercial use in accordance with Chapter 20 of the City Code.
(i) Sidewalk
sales conducted by an adjoining retail business or a not-for-profit
organization on not more than three (3) consecutive days and not less than
forty-five (45) days since a prior sidewalk sale at the same location. (See
Chapter 16, Article 8 of the City Code, for regulation of use of sidewalks).
(i) Sidewalk
Sales permitted under Article 19 of this Chapter.
(j) Any fairs, auctions, bazaars, sales, or other events for which valid Temporary Special Event Permits have been issued by the City Commission or the Department of Planning and Development Services;
(k) Any fairs, auctions, bazaars, sales, or other events held at the Douglas County Fairgrounds.
(l) Any fairs, auctions, bazaars, sales, or other events held on university campuses.
(m) Mobile Food Vendors licensed under Article 17 of this Chapter.
(n) Temporary stores located in properly site-planned and zoned locations.
SECTION 2. Existing Section 6-815 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby repealed,, it being the intent of the Governing Body that the Section 1 of this ordinance supersede it.
SECTION 3. Chapter VI, Article 19, of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, is hereby enacted and shall read as follows:
ARTICLE 19. SIDEWALK SALES
6-1901 PURPOSE.
The Governing Body finds that, in order to advance the health, safety, and welfare of the residents of the City of Lawrence, Kansas, it is necessary to regulate various activities within the City, including Sidewalk Sales.
6-1902 DEFINITIONS.
The term “Sidewalk Sale” as used in this article shall mean any activity wherein tables, chairs, racks, displays, shelves, or other devices are placed on a sidewalk in the public right of way for the purposes of selling, distributing, or conveying to the general public goods, wares, merchandise, foods, services, or other items.
6-1903 SIDEWALK SALES PERMIT REQUIRED.
No person, retail business, non-profit organization, or other entity shall conduct a "Sidewalk Sale" in any non-residential zoning district without first obtaining from the City Clerk, or the City Clerk's designee, a valid Sidewalk Sales Permit.
6-1904 SIDEWALK SALES PERMIT FEE.
The fee for a Sidewalk Sales Permit shall be $10.00 per day.
6-1905 SIDEWALK SALES PERMIT APPLICATION.
Application for a Sidewalk Sales Permit shall be made to the City Clerk on a form provided by the City Clerk for that purpose. In addition to paying the Sidewalk Sales Permit Fee, the applicant shall complete the application in full, providing the following information:
(a) The applicant’s full legal name, permanent address, and telephone number.
(b) The location(s), date(s) and time(s) of the proposed Sidewalk Sale(s).
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(c) Written permission of the adjoining property owner, if the applicant is not the owner of that property.
(d) A certificate of insurance from the applicant, the adjoining business, or the property owner demonstrating general liability coverage of the Sidewalk Sale(s), the applicant, or the adjoining business or property in an amount not less than $500,000.00 per single incident.
(e) A statement acknowledging that the applicant agrees, at all times, to save and to hold harmless the City of Lawrence, Kansas, its officers, agents, and employees, from all liability, costs, damages, and expenses of any kind, the payment of which the City may become liable to any person, firm, or corporation by reason of any claim for damages arising from the failure of the applicant, its employees, agents, servants, invitees, and/or patrons to exercise reasonable care in the use of the sidewalk and the public right of way.
(f) Any additional information reasonably necessary and relevant to the issuance of a Sidewalk Sales Permit.
6-1906 SIDEWALK SALES PERMIT ISSUANCE.
Upon application by a person, retail business, non-profit organization, or any other entity, assuming all conditions established by Section 6-1907 are met, the City Clerk, or the City Clerk's designee, shall issue to the applicant a Sidewalk Sales Permit, which Sidewalk Sales Permit shall be deemed a conditional waiver from the prohibition of the use of the sidewalk and the public right of way for private purposes (See Chapter 16, Article 8).
6-1907 SIDEWALK SALES PERMIT CONDITIONS.
(a) Sidewalk sales may not be conducted adjacent to any single address for more than three consecutive days, or for more than twelve days during any one calendar year.
(b) Merchandise, displays, or other items placed on the sidewalk during a Sidewalk Sale must be placed in such a manner that there exists a continuous, uninterrupted path, not less than six feet in width, for pedestrians to travel unimpeded through the Sidewalk Sale area.
6-1908 SIDEWALK SALES UNLAWFUL CONDUCT; PENALTIES.
Operating a Sidewalk Sale in a non-residential district without first obtaining a Sidewalk Sale Permit, or in violation of any of the conditions of Section 6-1807, shall be unlawful and shall be a municipal offense. Any person or other entity, upon an adjudication of guilt or the entry of a plea of no contest for a violation of any provision under this Article, shall be subject to a fine of a minimum of $100.00 and a maximum of $250.00. The municipal court judge shall have no authority to suspend all or any portion of the minimum fine.
SECTION 4. If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 5. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this ____ day of ________, 2012.
APPROVED:
___________________________________
Robert J. Schumm
Mayor
ATTEST:
__________________________________
Jonathan M. Douglass
City Clerk
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.