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Legislation #: 060056 Introduction Date: 1/12/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER EDDY
Title: Amending Chapter 50, Code of Ordinances, entitled Offenses and Miscellaneous Provisions and Chapter 40, Code of Ordinances, entitled Licenses and Miscellaneous Business Regulations, by repealing Sections 50-2, 50-3, 50-4, 50-5 and Sections 40-351, 40-352, 40-356, 40-357 and 40-358 and enacting in lieu thereof a new Article XI. entitled Street Vending, consisting of new Sections 50-451 through 50-458, creating uniform regulations of street vending, including permitted and prohibited locations, the allowance of designated vendor areas and the establishment of vendor certificates. 

Legislation History
DateMinutesDescription
1/12/2006 Filed by the Clerk's office
1/12/2006 Referred to Finance Committee
1/18/2006 Advance and Do Pass, Debate
1/19/2006 Passed

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ORDINANCE NO. 060056

Amending Chapter 50, Code of Ordinances, entitled Offenses and Miscellaneous Provisions and Chapter 40, Code of Ordinances, entitled Licenses and Miscellaneous Business Regulations, by repealing Sections 50-2, 50-3, 50-4, 50-5 and Sections 40-351, 40-352, 40-356, 40-357 and 40-358 and enacting in lieu thereof a new Article XI. entitled Street Vending, consisting of new Sections 50-451 through 50-458, creating uniform regulations of street vending, including permitted and prohibited locations, the allowance of designated vendor areas and the establishment of vendor certificates. 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 50, Code of Ordinances of the City of Kansas City, Missouri, entitled Offenses and Miscellaneous Provisions and Chapter 40, Code of Ordinances of the City of Kansas City, Missouri, entitled Licenses and Miscellaneous Business Regulations, are hereby amended by repealing Sections 50-2, 50-3, 50-4, 50-5 and Sections 40-351, 40-352, 40-356, 40-357 and 40-358 and enacting in lieu thereof a new Article XI. entitled Street Vending, consisting of new Sections 50-451 through 50-458, said Article and Sections to read as follows:

CHAPTER 50, ARTICLE XI. STREET VENDING

 

Section 50-451. Definitions.

 

The following terms shall have the following definitions for purposes of construing this article, except where the context clearly implies that another definition was intended:

 

(1)               Mobile Unit: a vehicle-mounted restaurant type establishment designed to be readily movable.

 

(2)               Street vending: the act of selling, hawking, peddling, or offering to sell, hawk or peddle any personal service or item, perishable or otherwise, in or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the City.

 

(3)               Street vendor: one who sells, hawks, peddles, or offers to sell, hawk or peddle any personal service or item, perishable or otherwise, in or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the City.

 

(4)               Push cart: a non-self-propelled vehicle used for street vending.

 


Section 50-452. Street vending - generally.

 

(1)               No person shall engage in street vending except as specifically authorized by this Article.

 

(2)               Subject to the conditions established by this Article, and except as otherwise prohibited by Section 50-454, street vending shall be permitted in or upon any public street, public sidewalk, public alley, or public way, within the City.

 

Section 50-453. Conditions.

 

(1)                The following conditions are made applicable to street vending within the City:

 

(a)                Any lawful service or item may be sold, hawked or peddled, or offered for sale, hawking or peddling, except that any items other than newspapers, magazines, periodicals, flowers, food or beverage may be sold, hawked or peddled, or offered for sale, hawking or peddling only from a push cart or from the street vendors person.

 

(b)                Any person engaging in street vending must apply for and obtain all business licenses and permits required by Chapter 40 of this Code, and must maintain those licenses and permits in a current state.

 

(c)                Any person engaging in street vending who offers to the public any food or beverage item must also apply for and obtain all licenses and permits required by Chapter 30 of this Code, and must maintain those licenses and permits in a current state.

 

(d)                A vendor certificate including all required licenses and permits must be prominently displayed on the vehicle or push cart from which the street vendor operates, and in a manner prescribed by the directors of the Department of Finance and Department of Health, or the Department of Parks and Recreation, as applicable. If a street vendor vends without a push cart or mobile unit, the street vendor must prominently display a hanging street vendor certificate upon his or her person. It shall be a violation of this article to vend without a properly displayed vendor certificate.

 

(e)                Any person engaging in street vending shall have prominently displayed upon the side of the vehicle or push cart from which the street vendor operates his or her name or the name of his or her business, if registered with the Secretary of State, in letters not less than four inches in height.

 

(f)                  Any street vendor who changes his or her place of residence or business, or who transfers ownership of the vehicle or push cart from which the street vendor operates, shall notify the Department of Finance and Department of Health of the change or sale, as applicable, within 15 days.

 

(g)                Street vendors shall not sell or attempt to sell any item or attempt to make any sale within one block of a school on a day in which school is in session during the 30 minute period preceding school or the 30 minute period after adjournment.

 

(h)                No person under the age of 16 years, other than the street vendor or the street vendors employees, shall be allowed in or upon any vehicle or push cart engaged in street vending.

 

(i)                  No street, alley or way, public or private, shall be blocked by the street vendors vehicle or push cart, or by anything being offered for sale, hawking or peddling.

 

(j)                  Where the street vending occurs on a public sidewalk, a three-foot passageway for pedestrians shall be left open, and all merchandise shall be securely and adequately placed so as not to endanger a passerby or protrude into any street, alley or way.

 

(k)                Street vendors shall not sell, hawk or peddle, or offer to sell, hawk or peddle any service or item in a manner which causes a nuisance, creates a fire hazard, interferes with the flow of vehicular and pedestrian traffic, or interferes with ingress or egress to or from any occupied building.

 

(l)                  Street vendors shall not sell, hawk or peddle, or offer to sell, hawk or peddle any service or item in a manner or location that would result in the street vendors violation of any ordinance, including but not limited to those ordinances pertaining to parking and traffic control.

 

(m)              Street vendors selling, hawking or peddling, or offering to sell, hawk or peddle any service or item must comply with all ordinances applicable to the business in which they are engaged and the services and items being offered to the public.

 

(n)                Street vendors offering food or beverage shall provide a trash receptacle and must clean the litter and food deposits from that receptacle as often as necessary to ensure compliance with all applicable health code ordinances and regulations, but in no event less than once per day.

 

(o)                Street vendors shall not sell, hawk or peddle, or offer to sell, hawk or peddle any service or item within fifty (50) feet of a public entrance of an established business offering similar products to the public during the hours that the business is open to the public. For purposes of this Article, one cannot sell, hawk or peddle food items within fifty (50) feet of a restaurant, deli, cafeteria or other eating establishment selling food items during the time it is open for business.

 

(2)                The failure of a street vendor to satisfy any of the conditions established by this article shall render the street vending unlawful.

Section 50-454. Street vending prohibited locations.

 

(1)               Street vending is prohibited at the following locations:

 

(a)                In or upon any public street now or hereafter designated by the city council as a trafficway, boulevard or parkway, except as permitted by Section 50-454(3).

 

(b)               In or upon any public street, public sidewalk, public alley, or public way of the territory bounded by Brookside Boulevard and Ward Parkway on the south, Summit Street on the west, 45th Street on the north and Grand Avenue on the east, such streets being included.

 

(c)                In or upon any public street, public sidewalk, public alley, or public way on or along 13th street between the centerline of Broadway Boulevard and the centerline of Wyandotte, on or along 14th street between the centerline of Broadway and the centerline of Central, on or along the south side of the 14th street right -of-way from centerline of Central to the centerline of Wyandotte, on or along the west side of Central street from the centerline of the right-of-way of 12th street and the centerline of 13th street, on or along Central street between the south side of 13th street from the centerline of 13th street and the southern most edge of the 14th street right-of-way, and with the exception of mobile units, on or along Central street from the centerline of 12th street to the Auditorium Parking Garage entrance lanes.

 

(d)               In or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the City bearing postings placed by the City indicating that street vending is prohibited.

 

(e)                In or upon any public street, public sidewalk, public alley, public way, public building, public park, or other public place in the City where engaging in street vending would result in a violation of this Code.

 

(2)               Vending in any public building or other public place not specifically provided for by this Article is prohibited except as may be authorized by the governmental agency having charge of the facility. Such vending shall comply with all the conditions applicable to street vendors.

 

(3)               Street vending in or upon any property under the jurisdiction of the Department of Parks and Recreation, including any and all public streets, public sidewalks, public alleys, public ways, public buildings and other public places in or upon the property, is prohibited unless authorized by the Director of Parks and Recreation or his designee. Any authorized vending in or upon any property under the jurisdiction of the Department of Parks and Recreations shall be conducted in accordance with the terms and conditions applicable to street vendors and such additional rules and regulations as may be established by the department.

 

Section 50-455. Same exemptions.

 

(1)               Nothing in this Article shall be construed to prohibit businesses from operating a sidewalk caf, provided they have obtained an annual sidewalk caf permit pursuant to Section 64-164.

 

(2)               Nothing in this Article shall be construed to alter or prohibit the operation of any municipal market, presently existing or established in the future by an act of the City Council.

 

(3)               Nothing in this Article shall be construed to prohibit street vending within an area closed by special permit issued by the City, including, but not limited to, permits for street fairs, parades and block parties, but vendors must comply with permitees vending requirements.

 

(4)               Nothing in this Article shall be construed to prohibit street vending in a marked City-designated vending area.

Section 50-456. Same related provisions.

 

Nothing contained within this Article shall be construed as to alter or amend any provision of this Code relating to the licensing, permitting, taxation, and regulation of street vendors, or to the licensing, permitting, taxation and regulation of the service or thing being sold, hawked, peddled, or offered for sale, hawking or peddling.

 

Section 50-457. Same Vendor certificates required on private property, when.

 

(1) Any person vending from a mobile unit or push cart upon any private property within the City must obtain and display a vendor certificate, including all required licenses and permits, as provided by Section 50-453(d).

 

(2) For the purposes of this section, street vending as defined in Section 50-451 shall also include the act of selling, hawking, peddling, or offering to sell, hawk or peddle any personal service or item, perishable or otherwise, in or upon any private property within the City.

 

Section 50-458. Penalties and Enforcement.

(1)               Penalties. Any violation of this Article is an ordinance violation and shall be punishable by a fine not exceeding $500.00 or by imprisonment of not more than 180 days or both. Each offense shall constitute a separate and distinct offense.

 

(2)               The Kansas City Police Department shall be charged to enforce and carry out the provisions of this Article.

 

(3)               City departments having responsibility under this or other related laws have authority to enforce the provisions of this Article.

 

Sec. 50-45950-480. Reserved.

 

___________________________________________

 

Approved as to form and legality:

 

_______________________________

Joseph A. Guarino

Assistant City Attorney