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HomeMy WebLinkAbout1992-04-13 92-211 ORDERDate Aurid 1992 Inertia. 92-211 Order Adopting Policy Guidelines for Commercial Item/Subjeet: Use of City Property and Vendors Responsible Department: Community 6 Economic Development Commentary: The Municipal Operations Committee has been reviewing proposed policy guidelines for use of City property for commercial and non-cosmaercial uses and for the regulation of cotmnercial vendors throughout the City. The proposed policy sets guidelines for approving a wide variety of activities such a downtown sidewalk art festivals, to commercial vendors operating adjacent to major streets throughout the City. The most discussed part of the proposed policy has been vendors operating in downtown Bangor. Input from downtown merchants and vendors has been solicited on several occasions. The Municipal Operations Cotmaittee has recommended that in 1992 additional vendors be permitted to operate in Pickering Square an - xclusive basis. Monthly permits would be available for a monthly fee of $25 and vendors limited to food products, flowers and craft items. vendors would not be Permitted to operate at other fixed locations or on sidewalks in downtown Bangor. This Order would only allow the City to endorse the proposed Policy. Specific aspects of the recommendations would / t be implemented through subsequent ordinances antl ender na DeMrn ni Message's Comments: (I II II-�a V✓rv,.�A4AtN.A. /v➢.r}IAt.Bna- CP aDhepw Our e �u�� Associated Information:0�j,,, Budget Approval:_ Fixauve Dircnu, Legal Approval: - cay sww llr� IV tro oed For Passage ❑ First Reading Page _ of — ❑ Referral 92-211 ~ Awigned[o CowcJor Bragg April 13, 1992 CITY OF BANGOR TITLE.) (priberr optinI g Policy Guidelines .for Commercial Use of _.. _.. _.. _.... Bud vendors By Ws COY Csuunit of COY of8anwr: ORDMM$ THAT WHEREAS, the City of Bangor regularly receives requests by commercial and non-commercial entities to use City owed property; and WHBRRAS, itinerant colmsencial vendors have been operating at both public and private locations throughout the City of Bangor; and WHEREAS, the City of Bangor is in need of an overall policy to guide review of permits and consideration of requests to use City of Bangor property; WOW, THEREFORE, Be IT ORDER THAT, the attached Policy for Use of City owed Property and Permitting of Commercial vendors be adopted by the City of Bangor and the City Manager is hereby directed to prepare the necessary implementation ordinances and orders to implement this Policy. fi 92-211 } In City Council April 13,1992 LA R D E R Passed Title, Vote 5 Yes 2 No 1 Abstained Absent Adopting Policy Guidelines for Commercial] Use City Propert voting yes Bzflgg.COM1en, Sawyer of .... ........ and Vendors Voting No ...................................... is Abstaining Nn Salancci, Blanchette al �/p�c� ,/ Abstaining FRankel ABaenC Seal S� ..n NIT to �j Assigned - . ,*City Clerk a UUU CoWcilman d 92-211 APRIL 8. 1992 CITY OF BANGOR POLICY GUIDELINES FOR DEE OF CITY OWNED PROPERTY AND PERMITTING OF COMMERCIAL VENDORS I. PURPOSE The City of Bangor regularly receives requests by commercial and non-commercial interests to use City property or rights-of-way for aaariety cf activities. This document shall outline the City'spolicies regarding such usage and describe the, procedures for responding to such requests. II. GOGOS The goals of this policy ares 1. To provide the opportunity fox appropriate commercial use of City facilities. 2. To encourage the use of City property for non-commercial community events. 3. To ensure that such activities enhance the quality of the citizen's experience when using city facilities. 9. To ensure that public safety is maintained at such events and activities. 5. To provide for consistent management control of City properties. 6. To generate income from appropriate commercial use of City property. 7. To provide guidelines for itinerant commercial vendors operating Within the City of Bangor. III. GENERAL GUIDELINES 1. All annual or seasonal comanerclal activities shall be selected through an RPP process. 2. Other uses shall be considered temporary and shall not extend longer than ] days unless otherwise approved by the City Council. 1 92-211 4. Itinerant Vendors shall not operate from a permanent structure. 5. As part of a vendor's application, written permission of property owner must be provided. VI. GUIDELINES FOR TRANSIENT FOOD VENDORS 1. Transient Food Vendors shall be allowed to operate on City streets/sidewalks outside the downtown area. Vendors shall not be permitted to operate in parks which have a seasonal concessionaire. 2. Transient Food Vendors shall only sell prepared food products. 3. Transient Food Vendors shall obtain a license from the City Clerk's office. VII 1. All RFP's shall be processed by the Purchasing Agent and reviewed and approved by appropriate City Council Committee and the City Council, if necessary. 2. Applications for use of City parks and recreation areas outside the downtown area shall be submitted to the Department of Parks and Recreation. All other applications for vendor licenses, commercial and non-corseercial uses or events, shall be submitted to the City Clerk. 3. The Clerk shall distribute such applications to appropriate City Departments for review and approval. Events and uses which will extend more than 3 days shall be approved by a City Council Covmdttee. 4. Fees for such permits shall be set by the City Council. Proposed activities which do not have fixed fees (i.e. carnivals) shall be reviewed by appropriate City Staff and negotiated with the applicant. The applicant shall have the right to appeal the Staff determination to the appropriate City Council Conmi.ttee. 61 (ii) Sidewalk Display of Merchandise - moat be associated with established business - located adjacent to store frontage (b) Waterfront (i) Commercial Recreation (i.e. carnivals, other amusements) nal use must be in response to RFP - temporary use shall be limited to one week in length (c) Park System (excluding Base Park) - such uses shall only be Part of an approved event (d) Other Public areas (i.e. streets, sidewalks, parking lots) - limited to a temporary permit (1 week) - all uses must not impact traffic flow, public safety, as determined by Police and Fire Departments NON COMMERCIAL USES (parades, festivals, etc.) - limited to one week in duration - staff may approve events up to 30 days in duration - sponsors must apply for permit which has a minimum fee' - sponsor shall be responsible for any associated coats unless the requirement is waived by the City Council V. GUIDELINES FOR ITINERANT COMMERCIAL VENDORS 1. Commercial vendors shall not be permitted to operate within the public right-of-way or on City property unless otherwise approved. 2. Commercial vendors operating within the City must apply for a license from the City Clerk's office. Such license must be displayed at the vendor's location. 3. Commercial vendors operating on private property must be located in commercially zoned land and be setback from the Sidewalk or street pavement a minimum of 20 feet. All signs shall be setback a minimum of 10 feet. 4 92-211 (ii) Temporary Vendors - must be part of an approved event - may include food and other commercial products. (b) Waterfront ,(i) Seasonal vendors - RFP Process - 1 location in vicinity of Bangor Landing - larger unit permitted - City reserves right to regulate design, color, etc. - unit may be permanently located for Beason - limited to food only (11) Temporary vendors - must be part of an approved event - may include food and other commercial products (c) Park System (i) Seasonal Vendors - RPP Process - fixed locations including municipal golf course, softball fields, Union Street Recreational Complex, Hayford Park - food vending only - may be larger units which are permanently located for the season (ii) Temporary Vendors must be part of an approved event - may include food and other commercial products OTHER COMMERCIAL ACTIVITIES (a) Downtown Bangor (i) Sidewalk Food Service - license must be approved annually - must be associated with established restaurant - all tables/chairs must be located immediately adjacent to frontage of the restaurant 3 92-211 3. All temporary uses shall submit an application to the City Clerk or Director of Parks and Recreation (see VII Application Process). 4. All applicants shall be required to provide evidence of insurance in the form and amount determined appropriate by the City Solicitor unless this requirement is waived. 5. The City shall reserve the right to limit hours of operation and other restrictions. deemed necessary to protect the public interest. 6. In addition to license fees, the applicant shall bear the financial responsibility of coats associated with the activity or event such as police and fire protection, cleanup, utilities etc., unless such requirement is waived by the City. 7. The City may require the applicant to provide a deposit to cover potential damage to City property. IV. PERMITTED ACTIVITIES 1. COMMERCIAL VENDORS (a) Downtown Bangor (i) Seasonal vendors - food vendor permitted to operate at West. Market Square through third year of concession agreement on an exclusive basis food/flowers/craft vendors permitted at -Pickering Square on a non-exclusive basis. The following standards shall apply to Pickering Square vendors. monthly permit issued * fee $25 per month plus any additional City licenses vending units must be limited in size * the City has the right to regulate size, color, design of vending units * unite must be portable and removed during non-operating hours. * number of vendors shall be limited to 20 units in any given month. 2