§ 14-1806. PEDDLING ON MALL STREETS.

No person shall sell, vend or peddle any food, drinks or merchandise on the Mall Streets or the Historical Mall Streets as defined in Section 14-1801(g), including by means of a stand, wagon, pushcart, handcart, bicycle, motorized cart or other vehicle, or from a basket or other container carried on the person, unless that person is a Mall Street Concessionaire and is prominently displaying on their person or vehicle a city-issued official badge or sign designating them as being approved by the Director of Parks and Recreation as a Mall Street Concessionaire. A person may become a Mall Street Concessionaire by execution of an agreement approved by the Director of Parks and Recreation.

For purposes of Mall Street Concessionaires operating in a Mall Street, as defined in Section 14-1801(f), the concession agreement shall be in a form approved by the Director of Parks and Recreation and may be approved so long as the Director determines that the agreement will improve the pedestrian mall by either being necessary or convenient to the operation of the pedestrian mall or necessary or convenient to serve members of the public using the pedestrian mall. Any process to issue or revoke a concession agreement adopted by the Director of Parks and Recreation for vendors operating in a Mall Street shall be in compliance with due process and all State and Federal laws protecting against unlawful discrimination.

For purposes of Mall Street Concessionaires operating in a Historical Mall Street, as defined in Section 14-1801(g), the concession agreement shall be in the form of an encroachment agreement issued by the Public Works Director under rules and procedures adopted by the Public Works Director. The encroachment permit shall specify the location where vending is permitted under the permit. The City shall charge no more for the encroachment permit than the City's reasonable costs in administering, managing and enforcing the permit and the City's reasonable costs to improve and maintain that area of the historical mall street (and improvements therein) that provide a benefit to the vendor. The permit shall include an indemnity agreement in a form approved by the City Attorney and the Risk Manager and the permittee shall provide proof of insurance in a form approved by the City Attorney and the Risk Manager. Any process to issue or revoke a permit adopted by the Public Works Director for vendors operating in a Historical Mall Street shall be in compliance with due process and all State and Federal laws protecting against unlawful discrimination.

(Added Ord. 2003-67, § 33, eff. 8-31-03; Am. Ord. 2014-16, § 7, eff. 4-18-14).