Chapter 17.26 Sidewalk Vendors


- Note
(Replaced by Ordinance No. 154042, effective Jan. 1, 1983.)

17.26.010 Conducting a Business on City Sidewalks Unlawful without Permit.

No person shall conduct business as herein defined on any City sidewalk without first obtaining a permit from the Office of the City Engineer and paying the required fee. It shall be unlawful for any person to sell any goods or services on any sidewalk within the City of Portland except as provided by this Chapter.


17.26.020 Definitions.

(Amended by Ordinance Nos. 164492 and 177028, effective December 14, 2002.)

A. "Conduct business." Conduct business means the act of selling or attempting to sell services, or edible or nonedible items for immediate delivery.

B. "Sidewalk." Sidewalk means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians.

C. "Commercial zone." Commercial zone means abutting property which is zoned C, Commercial, or E, Employment, pursuant to Title 33, Planning and Zoning, of this Code or any other zone which may be created as a successor zone to such existing commercial zones.

D. "Permit operating area." Permit operating area means the sidewalk from the midpoint of one block face to the midpoint of an adjacent block face.

E. "Special events." Special events mean an event specifically approved by an individual ordinance or permit granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding 10 days to a community based organization.


17.26.030 Item for Sale.

(Amended by Ordinance No. 167130, effective Nov. 24, 1993.) The City Engineer shall maintain a list of items and services which are either approved or prohibited for sale from sidewalk vending carts. Any item or service not on the list may be considered for approval based on the following criteria:

A. All items or services to be sold must:

1. Be vended from a regulation size vending cart;

2. Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk;

3. Involve a short transaction period to complete the sale or render the service;

4. Not cause undue noise or offensive odors;

5. Be easily carried by pedestrians.

Requests to have an item or service considered for approval shall be submitted in writing to the City Engineer who shall determine whether the item or service conforms to the above criteria. If the item or service conforms to the above criteria, it shall be listed as approved for sale by sidewalk vendors. If the item or service does not conform, it shall be listed as prohibited for sale by sidewalk vendors. The decision of the City Engineer if adverse to the party making the request, may be appealed to the Council.


17.26.040 Permit Fee.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  Each application for a permit to conduct business on a sidewalk shall be accompanied by an application fee.  The application fee is nonrefundable and additional to the permit fee.  The permit fee shall be collected prior to issuance of the permit.  The permit fee between September 1st and December 31st shall be 30% of the yearly permit fee.  Permits renewed prior to expiration do not require an application fee.


17.26.050 Application for Permit.

(Amended by Ordinance Nos. 165594 and 182760, effective June 5, 2009.)  Application for a permit to conduct business on a sidewalk shall be made at the office of the City Engineer on a form deemed appropriate by the City Engineer.  Such application shall include but not be limited to the following information:

 

A.  Name and address of the applicant;

 

B.  The expiration date of applicant’s City business license;

 

C.  Type of items sold or services rendered.  Individual applications shall be accepted for one type of product or service only.

 

D.  A valid copy of all necessary permits required by State or local health authorities;

 

E.  A signed statement that the permittee shall hold harmless the City of Portland, its officers and employees and shall indemnify the City of Portland, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.  Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee, property owners, and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith.  Such insurance shall provide coverage of not less than $1,000,000 (one million dollars) per occurrence.  Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insures the City of Portland, their officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor of the City of Portland.

 

F.  Means to be used in conducting business including but not limited to a description of any vending cart, to be used for transport or to display approved items or services.

 

G.  A separate application shall be required for each vending cart to be used for transportation or display;

 

H.  The proposed location for conducting business and the written consent of the property owner(s) adjacent to the permit operating area, along with a signed statement that permittee shall hold harmless the adjacent property owner(s) for any claims for damage to property or injury to persons which may be occasioned by any activity carried on or under the permit.  This consent and hold harmless statement must be submitted on a form deemed appropriate by the City Engineer.  No application shall apply to more than one location.  No application will be accepted for a permit operating area within which a current permit has been issued or an application is pending.  Valid 1982 permits which allowed two carts within a permit operating area may apply for renewal provided they have not lapsed or been revoked.

 

I.  No food vendor application will be accepted for a permit operating area where a restaurant or fruit and vegetable market, with direct access to the sidewalk, is adjacent or within 100 feet on the same block.  No application will be accepted for a flower vendor for a permit operating area where a flower shop, with direct access to the sidewalk, is adjacent or within 100 feet on the same block.  The above requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant, fruit and vegetable market or flower shop.  The consent must be submitted on a form deemed appropriate by the City Engineer.

This provision is not an exception to the location and distance prohibitions included in Section 16.70.550 of the Code of the City of Portland, and no application shall be accepted for a location which would be in violation of that Section.


17.26.060 Location Selection.

A. Permit operating areas which have not been issued a current permit shall be available only upon receipt of the written consent of the property owners adjacent to the permit operating area.

B. No vendor or vending business may obtain permits for adjacent permit operating areas on the same block. Valid 1982 permits are exempt from this restriction provided they have not lapsed or been revoked.

C. The City Engineer may establish an additional permit operating area on a block face which exceeds 300 feet in length.


17.26.070 Location Review.

Upon receipt of an application for a permit the City Engineer shall review the proposed permit operating area to determine if the said area is suitable for sidewalk vending. In making this determination, the City Engineer shall consider the following criteria:

A. The permit operating area must be within a commercial zone.

B. The use of the permit operating area for sidewalk vending must be compatible with the public interest in use of the sidewalk areas as public right-of-way. In making such determination the City Engineer shall consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to, signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as, the presence of bus stops, truck loading zone, taxi stands or hotel zones to determine whether the proposed use would result in pedestrian or street congestion.

The City Engineer shall inform the applicant whether the proposed permit operating area is suitable or unsuitable. In the event the applicant is dissatisfied with the City Engineer’s decision regarding a certain application, he may appeal the decision to the Commissioner In Charge. The decision of the Commissioner, if adverse to the applicant or any notified party may be appealed to the City Council.


17.26.080 Payment for Written Consent is Unlawful.

No person or corporation shall either pay or accept payment for written consent required for the issuance or continued operation of a sidewalk vending permit.


17.26.090 Design Review.

(Amended by Ordinance Nos. 176955, 177028 and 182760, effective June 5, 2009.)

 

A.  The applicant for a sidewalk vendor permit shall submit detailed scale drawings of the cart to be used, material specifications, and an isometric drawing in color of at least two views showing all four sides of the vending cart and any logos, printing or signs which will be incorporated and utilized in the color scheme.  The City Engineer shall submit the isometric drawings of the vending device to the Bureau of Development Services for approval prior to issuing a permit.  Vending carts shall be measured by the City Engineer prior to the issuance of a permit or the renewal of a sidewalk vendor’s permit to ensure compliance with Section 17.26.090 A of this Chapter.

 

B.  The Bureau of Development Services shall furnish the City Engineer standards required by the Portland Design Commission to be incorporated in the sidewalk vendors application packet.


17.26.100 Fire Marshal Inspection.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  Prior to the issuance of any permit, the Fire Marshal shall inspect and approve any vending cart to assure the conformance of any cooking or heating apparatus with the provisions of the City Fire Code.


17.26.110 Application Time Limit.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  The applicant must complete all reviews, inspections and present all required documents to the City Engineer within 60 days from date of location approval.  Failure to meet this requirement shall result in cancellation of the application and forfeiture of the application fee.  The City Engineer may extend this time limit, upon written request and a finding of reasonable need.


17.26.120 Form and Condition of Permit.

The permit issued shall be in a form deemed suitable by the City Engineer. In addition to naming the permittee and other information deemed appropriate by the City Engineer, the permit shall contain the following conditions:

A. Each permit will expire at midnight, December 31st of the year issued;

B. The permit issued shall be personal only and not transferable in any manner;

C. The permit is valid only when used at the permit operating area designated on the permit. The permit operating area may be changed by submitting a new letter of consent accompanied by an additional application fee;

D. The permit is valid for one cart only;

E. The location within the permit operating area may be changed, either temporarily or permanently, by written notice of the City Engineer;

F. The permit is subject to the further restrictions of this Chapter;

G. The permit as it applies to a given permit operating area may be suspended by the Council for a period up to 10 days when an ordinance providing for a "community event" shall so provide.


17.26.125 Renewal of Permits.

Application for renewal of permits shall be received from November 1st through December 31st. Application shall be on a form deemed suitable to the City Engineer, accompanied by a permit fee. Applications received after December 31st shall be processed as new applications. The City Engineer shall review each application to determine that:

A. Any required consent has not been withdrawn;

B. The applicant has a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E;

C. All required permits are current;

D. The cart size is in conformance with Section 17.26.130 E. If the City Engineer finds that the application meets all the above requirements, he shall issue a new permit.


17.26.130 Restrictions.

(Amended by Ordinance Nos. 182760 and 185397, effective July 6, 2012.) 

 

A.  Any person conducting business on the sidewalks of the City ofPortlandwith a valid permit issued under this Chapter may transport and/or display approved items or services upon any vending cart, under or subject to the following conditions:

 

1.  The operating area shall not exceed 24 square feet of sidewalk which shall include the area of the vending cart, and, when externally located, the operator and trash receptacle.

 

2.  The length of the vending cart shall not exceed 6 feet.

 

3.  The height of the vending cart, excluding canopies, umbrellas, or transparent enclosures, shall not exceed 5 feet.

 

B.  No person may conduct business on a sidewalk in any of the following places:

 

1.  Within 10 feet of the intersection of the sidewalk with any other sidewalk except that the City Engineer may waive this restriction in writing for any location upon finding that construction of extra‑width sidewalks makes such use consistent with the standards established by Section 17.26.070.

 

2.  Within 8 feet of the adjacent property line;

 

3.  Within 10 feet of the extension of any building entrance or doorway, to the curb closest to the property line.

 

4.  Within 10 feet of any handicapped parking space, or access ramp.

 

C.  All persons conducting business on a sidewalk must display in a prominent and visible manner the permit issued by the City Engineer under the provisions of this Chapter and conspicuously post the price of all items sold.

 

D.  All persons conducting business on a sidewalk must pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form which is deposited by any person on the sidewalk or street within 25 feet of the place of conducting business.  Each person conducting business on a public sidewalk under the provisions of this Chapter shall carry a suitable container for placement of such litter by customers or other persons.

 

E.  All person conducting business on a sidewalk shall obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of the sidewalk or remove his vending cart entirely from the sidewalk if necessary to avoid such congestion or obstruction.

 

F.  No person shall conduct business as defined herein at a location other than that designated on his permit.

 

G.  No permittee shall make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to his wares.

 

H.  No permitted vending cart shall be left unattended on a sidewalk nor remain on the sidewalk between midnight and 6 a.m.

 

I.  No permittee shall conduct business in violation of the provisions of any ordinance providing for a special event.

 


17.26.140 Special Event Designation.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  The special event designation allows vendors to conduct business on City sidewalks at the Rose Festival parades and other major special events that the City Engineer shall so designate, subject to the following conditions:

 

A.  Application shall be made to the City Engineer on a form deemed appropriate by the City Engineer.  Each application shall apply to only one event or parade.  Application is open to any vendor who possesses a valid sidewalk vending permit.  Each application shall be accompanied by:

 

1.  All necessary permit fees.

 

2.  The proposed location for conducting business along with the temporary written consent of the property owners adjacent to the permit operating area.  This temporary consent must be on a form deemed appropriate by the City Engineer.  No application will be accepted for a permit operating area within which a permit has been issued or an application is pending.

 

B.  Application must be made at least 5 working days prior to an event to qualify for participation.

 

C.  All temporary locations shall be on side streets adjacent to the parade or event.

 

D.  Temporary locations are valid only for the date and hours specified by the City Engineer.

 

E.  All other conditions of this Chapter, except as herein stated, shall remain in effect.


17.26.150 Denial, Suspension or Revocation of Permit.

(Amended by Ordinance No. 182760, effective June 5, 2009.) 

 

A.  The City Engineer may revoke or suspend the permit, or deny either the issuance or renewal thereof, of any person to conduct business on the sidewalks of the City of Portland based on the following findings:

 

1.  that such person has violated or failed to meet any of the provisions of this Chapter;

 

2.  that the cart operation has become detrimental to surrounding businesses and/or the public, due to either appearance or condition of the cart.

 

3.  any required permit has been suspended, revoked or canceled; or

 

4.  the permittee does not have a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E.

 

B.  Upon denial, suspension or revocation, the City Engineer shall give notice of such action to the permit holder or applicant, as the case may be, in writing stating the action the City Engineer has taken and the reasons therefore.  If the action of the City Engineer is a revocation based on Subsections A.3. and 4. of this Section, the action shall be effective upon giving such notice to the permittee, otherwise such notice shall contain the further provision that it shall become final and effective within 10 days.  Any revocation effective immediately may also be appealed to the Council by such filing within 10 days.  Any revocation, suspension or denial may be appealed to the City Council by filing a written notice of appeal with the City Auditor within 10 days of receipt of notification.


17.26.160 Appeal.

The Auditor shall place the appeal on the Council calendar at the first convenient opportunity therefor and shall notify the City Engineer thereof. At the hearing upon appeal, the Council shall hear all witnesses including the City Engineer or his representative who shall state the grounds for this action, and the applicant or person whose permit has been revoked or suspended may supply testimony in writing by witnesses or otherwise and may question witnesses on his own behalf or on behalf of the City. The Council shall hear and determine the appeal and the decision of the Council shall be final and effective immediately.


17.26.170 Penalty for Violation.

Any person violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding 6 months, or by both such fine and imprisonment. In the event that any provisions of this Chapter is violated by a firm or corporation, the officer or officers, or the person or persons responsible for the violation shall be subject to the penalty herein provided.


17.26.180 Violation a Nuisance, Summary Abatement.

(Amended by Ordinance No. 182760, effective June 5, 2009.)  The placement of any vending cart on any sidewalk in violation of the provisions of this Chapter is declared to be a public nuisance.  The City Engineer may cause the removal of any vending cart found on a sidewalk in violation of this Chapter and is authorized to store such vending cart until the owner thereof shall redeem it by paying the removal and storage charges therefore to be established by the Commissioner In Charge.