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HomeMy WebLinkAbout2018-06-25 18-269 OrderTitle, Order CITY COUNCIL ACTION Council Meeting Date: 06/25/2018 Item No: 18-269 Responsible Dept: Parks & Recreation Requested Action: Order 06/25/2018 18-269 Map/Lot: N/A Repealing Council Order 97-294, Policy Guidelines for Use of City Owned Property and Permitting of Commercial Vendors and Adopting New Policy Guidelines for Commercial Vendors on City Property Summary This Order will repeal Order 97-294, Policy Guidelines for use of City Owned Property and adopt a new policy that updates the City's policy for use of City property by commercial vendors. In addition, the new policy will provide for additional locations in the City where food trucks will be permitted. At a council workshop on .lune 11, staff reviewed a proposal to allow food trucks at several new locations around Bangor including Pickering Square, parking spaces adjacent to Gomez Park, and an area on Maine Avenue by the airport. If approved, this new policy has been drafted to reflect current practice with regards to commercial vendors as well as providing new locations for food vendors. Committee Action Committee: Council Workshop Meeting Date: 06/11/2018 Action: Recommend for passage For: Against: 0 Staff Comments & Approvals City Manager Introduced for: New Business zc� City Solicitor Finance Director CITY OF BANGOR ORDER Date: 06/25/2018 Item No: 18-269 Assigned to Councilor: Davitt 06/25/2018 18-269 Repealing Council Order 97-294, Policy Guidelines for Use of City Owned Property and Permitting of Commercial Vendors and Adopting New Policy Guidelines for Commercial Vendors on City Property WHEREAS, the City wishes to allow food trucks at several new locations in the City; WHEREAS, the City's commercial vendor policy has not been updated since 1997, and no longer reflects City practice in all respects; Be it Ordered by the City Council of the City of Bangor that, The Policy Guidelines for Use of City Owned Property and Permitting of Commercial Vendors adopted by Council Order 97-294 is hereby repealed. Be it Further Ordered by the City Council of the City of Bangor that, The Commercial Vendor Policy attached hereto is hereby adopted. 18-269 JUNE 25, 2018 M.1.0 CITY OF BANGOR POLICY GUIDELINES FOR USE OF CITY OWNED PROPERTY AND PERMITTING OF COMMERCIAL VENDORS 1.0 PURPOSE The City of Bangor regularly receives requests by commercial and non-commercial interests to use City property or rights-of-way for a variety of activities. This document shall outline the City's policies regarding such usage and describe the procedures for responding to such requests. 2.0 GOALS 2.1 The goals of this policy are: 2.2 To provide the opportunity for appropriate commercial use of City facilities. 2.3 To encourage the use of City properties for non-commercial community events. 2.4 To ensure that such activities enhance the quality of the citizen's experience when using City facilities. 2.5 To ensure that public safety is maintained at such events and activities. 2.6 To provide for consistent management control of City properties. 2.7 To generate income from appropriate commercial use of City properties. 2.8 To provide guidelines for commercial vendors operating within the City of Bangor. 3.0 GENERAL GUIDELINES 3.1 The following commercial activities are allowed on City property pursuant to this policy and the application procedures described herein: 3.1.1 Seasonal vendors. 3.1.2 Event vendors. 3.1.3 Transient vendors. 1 18-269 JUNE 25, 2018 3.2 The vendor's lunch wagon license, along with any other permit required by this policy, must be displayed at the vendor's location. 3.3 All vendors shall be required to provide proof of insurance in the form and amount determined appropriate by the City Solicitor or Assistant City Solicitor, unless this requirement is waived by the City Solicitor or Assistant City Solicitor. 3.4 The City shall reserve the right to limit hours of operation and impose other restrictions deemed necessary to protect the interests of the City and the public. 3.5 License fees shall be as set in the City of Bangor Schedule of Fees. 3.6 In addition to license fees, the vendor shall bear the financial responsibility of costs associated with the activity or event, such as police and fire protection, cleanup, utilities etc., unless such requirement is waived by the City. 3.7 Commercial vendors may not erect permanent structures. 3.8 The City may require the vendor to provide a deposit to cover potential damage to City property. 3.9 Any commercial vendor not covered by this policy must receive permission from the City Council to operate on City property. 4.0 SEASONAL VENDORS 4.1 Activity allowed. Seasonal vendors may only sell food and beverages. 4.2 Time period. Seasonal vendors may only operate between May 1 and November 1. 4.3 Areas allowed. Seasonal vendors may operate in the following areas: 4.3.1 The Riverdriver Lot. 4.3.2 Pickering Square. 4.3.3 Parking spaces adjacent to Gomez Park. 4.3.4 The paved area off Main Avenue across from PCHC Drive. 4.4 Application process. 4.4.1 The application process for a seasonal vendor shall be as set by the City Manager or his or her designee. 2 18-269 JUNE 25, 2018 4.4.2 The City Manager or his or her designee may regulate the number, location, size, color, and design of vendor units. The City may impose conditions and requirements based on these and other criteria through the application process. 4.4.3 Seasonal vendors must obtain a lunch wagon license issued by the City Clerk's office. 5.0 EVENT VENDORS 5.1 Event vendors shall be allowed in conjunction with events approved by the City Manager or his or her designee, subject to the approval and requirements of the event organizer. 5.2 Event vendors may sell food, beverages, and other commercial products subject to the approval of the event organizer. 5.3 Event vendors selling food or beverages must obtain a lunch wagon license issued by the City Clerk's office. 6.0 TRANSIENT VENDORS 6.1 Transient vendors may operate only on City streets and sidewalks outside the downtown area. Transient vendors may not operate on other City property, including but not limited to parks. 6.2 Transient vendors may stay in one location for no longer than two hours. 6.3 Transient vendors may only sell previously prepared or precooked food and beverage products. No other products may be sold. 6.4 Transient vendors must obtain a lunch wagon license issued by the City Clerk's office. Effective Date: Council Order 3 Catherine M. Conlow City Manager IN CITY COUNCIL JUNE 25, 2018 CO 18-269 COUNCILOR NEALLEY LEFT THE MEETING MOTION MADE AND SECONDED FOR PASSAGE MOTION DOUBTED VOTE: 6-2 COUNCILORS VOTING YES: DAVITT, NICHOLS, PERRY, SUPICA, TREMBLE, SPRAGUE COUNCILORS VOTING NO GRAHAM, WESTON PASSED / . .A.) 62. 41070(4,x4.-0-1 CITY CLERK 9