THIRD COMMITTEE SUBSTITUTE FOR ORDINANCE NO.971654

Amending Chapter 50 of the Code of Ordinances by repealing Section 50-5 and enacting in lieu thereof a new section of like number and subject, relating to hawking and peddling.

WHEREAS, the City is authorized to license and regulate hucksters and peddlers pursuant to Section 1(57) of the Charter; and

WHEREAS, the Council desires to protect the health, safety and welfare of the citizens of Kansas City as well as visitors to the City; and

WHEREAS, the Council finds that a proliferation of sidewalk vendors in areas of high pedestrian traffic is deleterious to the health, safety and welfare of persons in those areas; and

WHEREAS, the Council believes that, in certain areas, proliferation of sidewalks vendors poses a danger to the public by causing or contributing to traffic congestion, danger and inconvenience to pedestrians, insanitary conditions on sidewalks and public ways, litter, and damage to and soiling of public structures; and

WHEREAS, the Council finds that existing regulations of such vendors are adequate in most areas of the City, but that in areas with a high concentration of pedestrians, existing regulations are not adequate to protect public health, safety and welfare; and

WHEREAS, the Council desires to protect the public health, safety and welfare in those areas of the City where sidewalk vendors cause or contribute to dangers to the public; and

WHEREAS, the Council desires to enact additional reasonable regulations which are designed protect the public in areas where the presence of sidewalk vendors cause or contribute to risks to the public; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 50 of the Code of Ordinances is amended by repealing Section 50-5 and enacting in its place a new section to be numbered and to read as follows:

Sec. 50-5. Same‑‑Licenses; permit for sale of food or beverages; operating regulations.

(a) Licenses and permits.

(1) All persons, not prohibited by section 50-2 or 50-4, selling from any vehicle or cart must first obtain all licenses required by chapter 40.

(2) All persons who sell or offer for sale any food or beverage must first obtain a permit from the health department as provided in chapter 30.

(3) Licenses and permits must be displayed on the cart, wagon or kiosk of the vendor.

(4) Nothing in this section may be construed to expand or restrict the categories of sales authorized by section 50-2.

(b) Operating regulations.

(1) No street or alley may be blocked by anything offered for sale under this section.

(2) A three-foot passageway for pedestrians must be left open, and merchandise must be securely and adequately placed so that it will not endanger passersby or fall or protrude into any street or alley.

(3) Sales may not be conducted in any manner which causes a nuisance, creates a fire hazard, or interferes with ingress or egress to or from any occupied building, or within 25 feet of the public entrance of any cafe, cafeteria, lunchroom or restaurant as defined in section 40-84.

(4) Vendors of food and beverages must provide a trash receptacle and must clean litter and food deposits from the area at least once a day or when the vendors remove their carts, wagons, vehicles or kiosks.

(5) To protect the public safety and prevent damage to and negative effects on certain city buildings, no vendor may offer for sale any food or beverage or place any cart, wagon, vehicle or kiosk in the public right of way in the following areas:

(a) on or along 13th Street between the centerline of Broadway and the centerline of Central, or

(b) on or along the south side of 13th Street (from the centerline of the right of wayof 13th Street) between the centerline of Central and the centerline of Wyandotte, or

(c) on or along the south side of 14th Street (from the centerline of the right of way of 14th Street) between the centerline of Broadway and the centerline of Wyandotte, or

(d) on or along Central Street between the south side of 13th Street (from the centerline of the right of way of 13th Street) and the southernmost edge of the 14th Street right of way.

(c) Governmental authority required for sales on public property. Nothing in this section may be construed to permit sales in any public building, public park or public place without the express authority of the governmental agency in control thereof.

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Approved as to form and legality:

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Assistant City Attorney