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Sample Legislation: Sidewalk Sales

Sidewalk Sales

Warmer weather beckons us all to take a stroll through our villages and towns, and savvy merchants will take advantage of such leisurely travel by displaying their most irresistible wares on the sidewalks. However, your local governing officials will want to ensure safe passage on sidewalks. If your community is lacking regulations on sidewalk sales, now is a good time to consider enacting legislation. Our free samples on this subject cover permit requirements (either for an annual permit or for a permit for a sale lasting only a few days); restrictions on the zoning districts that may hold sidewalk sales; restrictions on the number of sales that may be held; restrictions on the placement of display stands and the amount of sidewalk area that must be kept open to the public; insurance requirements; and penalty amounts.

Sample Ordinances:

Ligonier, B. PA: Ch. 135, Art. VII
New Rochelle, C. NY: Sec. 281-23
Pleasantville, C. NY: Ch. 155, Art. V

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Ligonier, B. PA:

  

Chapter 135

ARTICLE VII
Storage and Display of Merchandise on Sidewalks
[Adopted 5-19-1986 as Ord. No. 414, approved 5-19-1986]

§ 135-32. Definitions and word usage.

As used in this Article, the following terms shall have the meanings indicated:

 

PERSON — Includes any natural person, corporation, partnership, association or firm.

REQUIRED SIDEWALK AREA — As established in § 135-29 of Article VI of this chapter.

SIDEWALK — Has the same definition as the word "sidewalk" in the Pennsylvania Borough Code.

STREET — Has the same definition as the word "street" in the Pennsylvania Borough Code.

The singular shall include the plural, and the masculine shall include the feminine and neuter.

 

§ 135-33. Storage and display prohibited; exceptions.

It shall be unlawful for any person to store or display merchandise or any other tangible personal property upon any sidewalk or within the right-of-way of any opened street in the Borough of Ligonier, with the following exceptions:

  1. The Borough Council may, by resolution, suspend the operation of this Article for community-wide special occasions or sales promotion days. Said resolution may establish rules and regulations governing displays and sales of merchandise during the community-wide special occasions or sales promotion days. For these purposes, the Mayor shall designate the portions of the sidewalks on which merchandise may be displayed in accordance with the resolution of Council.

     

  2. The Borough Council may suspend the operation of this Article for temporary patriotic, civic or charitable purposes. All sales for patriotic, civic or charitable purposes shall be held in the bandstand area of the Ligonier Diamond Park, except for by special permission granted by Council.

     

  3. This Article shall not be construed to prevent the sale of fuel from pumps located along the curbs or sidewalks which have existed prior to August 8, 1963.

     

  4. This Article shall not be construed to prohibit the otherwise lawful parking of motor vehicles or use permitted by Article VIII of this chapter.

     

  5. It shall not be a violation of this Article for any merchant located in the C1 or C2 District to display merchandise in the area between the borough right-of-way line and the edge of the required sidewalk area, provided that the display is located no more than thirty (30) inches from the borough right-of-way line. In no event shall merchandise be displayed in the required sidewalk area, in the space between the required sidewalk area and the curb or in the area of the street used for vehicular traffic or parking. Displays of merchandise under this section must be of a nonpermanent nature and must be neat and orderly. Such displays shall be permitted between the daylight business hours of 9:00 a.m. and 8:00 p.m. Any merchant desiring to display merchandise under this section shall, upon payment of a permit fee as established by borough resolution, obtain a permit borough secretary, which permit shall be valid from the date of issue to the end of the calendar year. The Borough Council reserves the right to promulgate rules and regulations governing display of merchandise under this section.

     

§ 135-34. Indemnification of borough.

Any person who displays merchandise under the provisions of this Article hereby indemnifies the borough against any and all liability resulting from the uses permitted hereunder.

 

§ 135-35. Violations and penalties.

Any person who shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than three hundred dollars ($300.) and costs of prosecution and, in default thereof, to imprisonment in the county jail for a term not exceeding thirty (30) days. Each day that a violation of this Article continues shall constitute a separate offense.

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New Rochelle, C. NY:

  

Chapter 281

 

§ 281-23. Sale of produce, plants and flowers on sidewalks. [Added 4-19-1983 by Ord. No. 99-1983; amended 12-14-1993 by Ord. No. 280-1993; 1-26-1994 by Ord. No. 167-1994]

 

  1. Notwithstanding any inconsistent provisions of Chapter 331, Zoning, the sale of fruit and vegetables, plants and flowers along certain sidewalks fronting premises used for such sales pursuant to the underlying zoning may be permitted by the Department of Development under the requirements contained herein. However, it is determined that such sidewalk sales must be strictly controlled to protect the public health, safety and welfare. Adequate sidewalk area must be maintained to allow safe pedestrian passage and for the safe and convenient use of wheelchairs, strollers and similar instruments. Due to the congestion caused by such sidewalk sales, it is further determined that such sales must be limited to sidewalks at least 10 feet in width from the building exterior to the curbline. Moreover, to adequately control pedestrian congestion around such uses, display areas shall in no circumstances extend more than two feet from the building line into the sidewalk.

     

  2. Application for such sales shall be made to the Commissioner of Development or such other person designated by the Commissioner on forms to be provided by the Department of Development. The application shall delineate the specific location and display area from which such sales would take place and describe the specific type and material of the actual display fixtures.

     

  3. A permit for such use may be granted by the Commissioner or such other person designated by the Commissioner if compliance is made with the following requirements:

     

    (1) There shall be no less than 10 feet of sidewalk from the building line to the curbline.

    (2) Exterior display areas shall not extend more than two feet from the building line into the sidewalk or beyond the building line of the permitted premises. Display areas shall be constructed from wood, metal or other similar material approved by the Commissioner of Development or such other person designated by the Commissioner. Display areas shall be finished in a manner aesthetically compatible with the surrounding building facades. The use of milk cartons, tables or other similar material to maintain display areas shall be prohibited.

    (3) Such permit may be granted only for sidewalks directly abutting the premises for which the primary use is the sale of fruit, vegetables, plants or flowers in conformance with Chapter 331, Zoning.

    (4) Satisfactory evidence of comprehensive liability insurance naming the applicant and the city, its officers, agents and employees as insureds, with limits of $1,000,000/$2,000,000) for property damage and $1,000,000/$2,000,000 for personal injury shall be filed with the Commissioner.

    (5) Payment of an annual permit fee as set forth in Chapter 133, Fees.

     

  4. The Commissioner of Development or such other person designated by the Commissioner may revoke any permit issued hereunder for noncompliance with any provision of Subsection C above after written notice to the holder of the permit, specifying the area or areas of noncompliance and setting a date for a hearing not less than three days after such notice. Failure to appear on the date set for such hearing shall be sufficient cause for the Commissioner to revoke the permit.

     

  5. Any permit issued hereunder shall be revoked upon the third conviction for a violation of the requirements herein within a single permit term. Such revocation shall prohibit the grant of a new permit for 12 months from the date of the third conviction.

     

  6. All violations, except as set forth hereinbelow, shall be punishable by a fine of not more than $100 for each violation. A second violation within the same permit term shall be punishable by a fine of not more than $250 for each violation. A third violation within the same permit term shall be punishable by a fine of not more than $500 for each violation. All subsequent violations within the same permit term shall be punishable by a fine of not more than $1,000 for each violation.

     

  7. This section shall become effective immediately. However, existing permit holders shall be given 30 days to comply with the requirements herein.

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Pleasantville, C. NY:

  

Chapter 155

ARTICLE V
Commercial Use of Sidewalks
[Added 7-17-1993 by L.L. No. 14-1993]

§ 155-25. Sidewalk sales and displays; sidewalk cafes.

No person shall engage in the selling or display for sale of merchandise of any kind on, over or upon any sidewalk or in the operation of a sidewalk cafe, except upon the granting of a license therefor by the Village Administrator pursuant to this section and in accordance with the terms and conditions of such license.

 

§ 155-26. Definitions.

For the purpose of this article, the following terms shall have the following meanings:

PUBLIC SERVICE FACILITY — A public telephone, mailbox, bench or other facility provided for the use of the general public.

SIDEWALK — Any paved area between the curbline and a structure, whether publicly or privately owned, which is used by the public or open to use by the public.

SIDEWALK CAFE — An outdoor dining area, providing spaces to sit, with or without tables or to stand located on a sidewalk.

 

§ 155-27. Sidewalk displays.

The Village Administrator is hereby authorized to grant revocable licenses for the use of the sidewalk for the display for sale of flowers, floral arrangements and ornamental shrubbery upon the following terms and conditions:

  1. The license and regulated activity shall be valid only during a single calendar year. [Amended 4-28-1997 by L.L. No. 4-1997; 6-23-1997 by L.L. No. 9-1997]

     

  2. The licensed activity shall be conducted only as an accessory to a business establishment lawfully operating on the first floor of premises in the A-1, A-2 and B Zoning Districts, on the sidewalk in front of the principal place of business of such establishment and by the entity which operates such establishment. All sales shall be conducted within such establishment. No cash register or other facility for the exchange of currency or otherwise receiving payment for goods and services shall be permitted on the sidewalk.

     

  3. The applicant shall have the consent of the owner and lessee, if any, of the premises in front of which the licensed activity is to be conducted.

     

  4. There shall be no less than eight feet from the curbline to the front of the nearest structure.

     

  5. No sidewalk display shall be nearer than three feet zero inches to the curb, except that if the sidewalk is nine feet zero inches or more in width, then the distance from the curb shall be not less than 1/3 of the width of the sidewalk with a maximum of two rows.

     

  6. The applicant shall at all times maintain free and clear from all obstruction an aisle not less than three feet in width providing access to any establishment fronting on said sidewalk.

     

  7. No permanent structure may be affixed to the sidewalk or any building. The applicant shall be responsible for any damage caused to any sidewalk or public property.

     

  8. The sidewalk use shall not interfere with access to any public service facility.

     

  9. No outdoor lighting or live or mechanical music shall be permitted.

     

  10. No sidewalk display shall be permitted after the entity with which it is associated is not open to the public.

     

  11. The applicant shall agree, on a form approved by the Village Attorney, to indemnify and save harmless the Village of Pleasantville, its officers, agents, attorneys and employees from and against any claim of loss, liability or damage by any person arising as a result of the applicant's operation of the sidewalk use.

     

  12. The applicant shall obtain and maintain in full force and effect throughout the term of the license a policy of general liability insurance, which such policy shall name the Village of Pleasantville, its officers, agents, attorneys and employees as additional insured, have a combined single limit of not less the $1,000,000 and contain a provision prohibiting its cancellation except upon 20 days notice to the Village of Pleasantville. The applicant shall file with the Village Administrator, prior to the issuance of the license, a certificate evidencing the requisite insurance.

     

  13. The applicant shall file with the Village Treasurer, prior to the issuance of the license, a cash deposit in an amount to be set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, as security for the faithful performance by the applicant of the terms and conditions of the license. Said deposit shall be maintained by the Village Treasurer in a separate, interest bearing account, for the benefit of the applicant and shall be returned to the applicant with interest, but less any administrative sanctions imposed by the Village Administrator pursuant to § 155-32 of this article, within 30 days of the termination of the license. Said cash deposits shall be maintained at the amount set forth in the Master Fee Schedule, and if utilized by the village pursuant to this article, shall be replenished to the original amount within 30 days of withdrawal. [Amended 5-23-1994 by L.L. No. 12-1994]

     

  14. Any other conditions as to the Building Inspector shall be reasonable and necessary to protect the health, welfare and safety of the public, including the denial of the application.

     

§ 155-28. Sidewalk cafes.

The Village Administrator is hereby authorized to grant revocable licenses for the use of the sidewalks for sidewalk cafes upon the following terms and conditions:

  1. The applicant shall comply with all of the terms and conditions for a sidewalk display license, set forth in § 155-27 above, including, without limitation, the indemnification, insurance and security deposit requirements.

     

  2. The applicant shall delineate the cafe area by a removable physical barrier separating patrons from pedestrian traffic. The delineation and layout of the cafe area shall be consistent with the site plan submitted by the applicant.

     

  3. No sidewalk cafe may be operated except:

     

    (1) As an accessory to a restaurant or retail food store lawfully operating on the first floor of premises in the A-1, A-2 and B Zoning Districts.

    (2) On the sidewalk in front of the principal place of business of such entity.

    (3) By the entity which operates the restaurant or retail food store.

     

  4. No sidewalk cafe shall operate after 10:15 p.m. or when the entity with which it is associated is not open to the public. [Amended 6-23-1997 by L.L. No. 9-1997]

     

  5. Furnishing of a sidewalk cafe shall consist solely of readily removable umbrellas, covers, railings, tables, chairs, planters containing live plants, waste receptacles and accessories. Furnishings may not be attached, even in a temporary manner, to the sidewalk or other public property or to any building or structure. All furnishings shall be removed from the sidewalk and stored in an approved manner when the sidewalk cafe is not in operation.

     

  6. All food must be prepared within the existing restaurant or retail food store upon which the cafe license has been granted.

     

  7. The applicant shall be responsible for obtaining, maintaining in full force and effect and complying with the terms and conditions of any permit which may be required under any other law or regulation for the serving of food or beverages, including alcoholic beverages, at a sidewalk cafe.

     

  8. Sidewalk cafes, the public property on which they are located and the surrounding area shall at all times be kept free and clear of litter, debris and any substance that may damage the sidewalk or cause pedestrian injury.

     

  9. The applicant shall maintain a sufficient number of receptacles for the disposal of waste, properly covered to prevent infestation by insects. Such receptacles shall be emptied as often as is necessary, but in no event less than once per day.

     

§ 155-29. Special sidewalk sales.

Anything in this article to the contrary notwithstanding, the Village Board of Trustees may permit the selling and display for sale of merchandise on, over or upon the sidewalk at any location within the village for a period not to exceed seven days in conjunction with organized sidewalk sales days open to participation by all retail merchants within the village.

 

§ 155-30. Application for license. [Amended 5-23-1994 by L.L. No. 12-1994]

  1. Application for a license pursuant to this article shall be made within 14 days prior to the intended date(s) of display on a form designated by the Village Administrator and approved by the Village Attorney. Such form shall contain at least the following information:

     

    (1) The name and address of the applicant.

    (2) The proposed site for the activity.

    (3) In the case of an application for a sidewalk cafe, a site plan showing the proposed layout.

    (4) In the case of an application for a sidewalk display, a description of the floral or shrubbery orientation to be approved to assure proper pedestrian access.

     

  2. The application shall be accompanied by an application fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

     

§ 155-31. Determination on application.

The Village Administrator shall grant or deny an application for a license pursuant to this article within seven days of its complete submission.

 

§ 155-32. Notice of violation; denial, revocation or suspension of license; sanctions.

  1. Upon a finding by the Village Administrator that the applicant has violated any provision of this article or the terms and conditions of the license or has engaged in any practice in conjunction with the regulated sidewalk activity which constitutes a danger to the health or safety of any patron or pedestrian, the Village Administrator shall give notice to the applicant to correct such violation or cease such practice within 24 hours. If the applicant fails to comply with such notice, the Village Administrator may suspend the license for a period not in excess of 30 days, during which time the applicant shall be entitled to a hearing, before the Village Board of Trustees, at which the applicant may be represented by counsel, to present evidence in his or her behalf and confront the evidence against him or her. If, upon considering the evidence presented at the hearing, the Village Board of Trustees adheres to the finding, the Village Board of Trustees may reinstate the license with additional conditions related to the violation or improper practice which has been found or revoke the license and forfeit the applicant's cash deposit.

     

  2. In addition to or in substitution for the suspension or revocation of the license, the Village Board of Trustees may impose an administrative sanction in an amount determined by it to be the cost to the village of the applicant's failure to comply with the terms of this section or the permit issued to the applicant pursuant hereto, which such sanction shall be deducted by the Village Treasurer from the applicant's cash deposit. The suspension, revocation or other action taken pursuant to this subsection shall not relieve the applicant or any other person from any liability which may be imposed pursuant to other sections of this article.

     

§ 155-33. Reservation of rights.

Neither the adoption of this article nor the granting of any license pursuant hereto shall be construed as a waiver of any right, privilege or immunity of the Village of Pleasantville with respect to streets and sidewalks, whether express or implied.

 

§ 155-34. Penalties for offenses. [Amended 4-28-1997 by L.L. No. 4-1997]

Any person who shall violate any of the provisions of this article shall be liable to prosecution in the Village Justice Court and shall, upon conviction thereof, be liable to a fine that shall not exceed $500, imprisonment for not more than 15 days, or both such fine and imprisonment. If a fine imposed pursuant to this section resulting from the maintenance, use or operation of a sidewalk cafe is not paid within five business days after the fine is imposed, the village may withdraw the amount of the fine from the licensee's security deposit.

 

§ 155-35. Fees. [Amended 5-23-1994 by L.L. No. 12-1994]

Fees pursuant to this article shall be set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.

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