TO: Mayor and City Council
THROUGH: Krishna Namburi, Interim City Manager
FROM: Kristin Retherford, Community Planning and Development Director
SUBJECT:
title
Consideration of Marion County regulations of street vendors - Marion County Code, Title 10: Vehicles and Traffic
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Good Governance.
end
SUMMARY:
summary
Marion County has passed an ordinance regulating Street Vendors which includes an option for the City to allow County enforcement within city jurisdictions. Staff recommends continuing to enforce Salem Revised Code and not opting in to County enforcement.
end
ISSUE:
Should the City allow Marion County to enforce the amended Marion County Street Vendor rules enumerated in Marion County Chapter 10.10 inside the Salem city limits.
RECOMMENDATION:
recommendation
Do not allow Marion County to enforce the amended Marion County Street Vendor rules enumerated in Marion County Chapter 10.10 inside the Salem city limits.
body
FACTS AND FINDINGS:
The Marion County Board of Commissioners passed ordinance 25-07-19 amending and updating the Marion County Code Chapter (MCC) 10.10, relating to Street Vending. The County Ordinance provide an option for cities to allow the County to extend enforcement authority of street vendor permits and rules inside city limits.
The stated purpose of the Marion County amendment is to provide a safer environment on and near roads within the county by accomplishing the following objectives:
• Improve safety for street vendors.
• Improve safety for all drivers, bicyclists, and pedestrians.
• Enhance traffic flows on roads and sidewalks within Marion County.
• Allow for better emergency vehicle access.
• Protect property owners and businesses near roads.
• Protect consumers from the health risks of food sold by street venders who did not grow or package that food and are not licensed or inspected.
The County Ordinance requires that street vendors, defined as “any person or entity offering street vendor products for sale at a nonpermanent location within a public road or within 50 feet of the public road’s right-of-way,” be licensed by the county, and have insurance. Vendors are required to operate in locations where there is legal access from the public road and safe and legal parking, and to obtain written permission from third-party property owners if on another person’s property. Vendors may not operate on county property, operate outside the hours of 7:00 a.m. and 10:00 p.m. obstruct a public road, sidewalk, bike lane or multiuse path or within 100 feet of another street vendor. The County Ordinance also gives the County the authority to impound a Street Vendor’s property and good for unpaid fines.
The Salem Revised Code (SRC), Chapter 30.010(d) requires business licenses for “Mobile food units”. Mobile food unit means any motor vehicle, trailer, or wagon which is used for the purpose of preparing, processing, or converting food for immediate consumption as a drive-in, drive-through, curb or walk-up service. A mobile food unit does not include a street vendor's cart or a motor vehicle, trailer or wagon used exclusively for selling prepackaged food items (i.e., an ice cream truck).
SRC 30.010 (h) requires a business license for a Street vendor. Street vendor means any person who travels from street to street upon public sidewalks in a commercial zone carrying, conveying, or transporting goods and offering and exposing the same for sale. SRC 30.050(a)(9) requires street vendors to provide proof of any required health and sanitary licenses at the time of application for a City license. “Street vendor” would not include someone who has set up a semi-permanent location in a public area (sidewalk, public square, or public right-of-way) or someone who is selling goods from private property, whether from a building, a parking lot or vacant lot.
SRC 30.015 establishes the City mobile food unit and street vendor licensing requirements. The requirements are typically enforced when complaints involving food units or street vendors are filed. The investigation can include inspection of the vehicles, carts, individuals, signs, seating, worker health certificates, and license, all of which the vendor or mobile food unit operator must make available for inspection.
A failure to obtain a license or violating the requirements for a license can lead to revocation or suspension of the license, civil penalties up to $2,000 per violation per day.
A license may be revoked if, among other things, a mobile food unit operator or street vendor fails to comply with any of the applicable SRC requirements or is found to be doing business in violation of any applicable federal, state or local law or regulation, is observed conducting business in a manner that endangers public health, safety or welfare, which include obstruction of public right-of-way, driveway approaches and sidewalks with vehicles, displays, seating carts or signs.
The County Ordinance definition of “street vendor” is broader than the City Code definition and includes vendors selling items in the public right of way AND vendors selling items within 50 feet of the public right of way.
The City Code does not permit a vendor to establish a semi-permanent location in the public right of way, and requires a City permit for traditional street vending - selling items from a push cart or other type of mobile device.
The City, through the unified development code and fire code, also regulates vendors selling items from private property, such as a vacant lot or parking lot of another business. These regulations would include adherence to setbacks and other health and safety regulations. In cases where a tent or covering is used, a permit is required if the enclosure is greater than 400 square feet. Health and sanitary requirement, enforced through the County health officer would also apply for food vendors.
City staff have reviewed the proposed ordinance and the Salem Revised Code (SRC) requirements for licensing mobile food units, street vendors, and outdoor sales in SRC. Staff believe that the City Code adequately protects the public and are specific to the regulation and licensing of these activities within the city. Opting in to the County Ordinance is likely to cause confusion for the public and the jurisdictions given the differences between the County’s and the City’s regulations.
Staff do not recommend that the City opt in to Marion County enforcement of the County’s street vendor regulations.
BACKGROUND:
The City of Salem has long maintained a regulatory framework governing Street Vendors and Mobile Food Units. These regulations, which establish licensing, signage, and land use requirements, are codified in Salem Revised Code Chapter 30 and the Unified Development Code. Administration and enforcement of these provisions are carried out by the Community Planning and Development Department through its Code Compliance and Planning Divisions.
Mitch Nickolds
Compliance Services Manager
Attachments:
1.Marion County, Title 10 VEHICLES AND TRAFFIC