§ 8-317. Purpose and intent; definitions.

(a)

Purpose and intent. The purpose and intent of this section shall be to regulate special temporary outdoor events associated with holidays and special events which are not intended to serve the primary use of the lot, temporary outdoor display and sale of merchandise associated with an established business, limited outdoor display on site, and mobile vending activities which are held in open areas or within temporary structures in association with a temporary outdoor event. Such uses shall be limited in time and thus their impacts on surrounding properties are not permanent. A temporary outdoor retail sales event or temporary outdoor display of merchandise shall not be held unless the necessary permit is obtained from the Community Development Department and any other applicable agency which may require review prior to issuance of permits.

(b)

Definitions. As used in this article, the phrases used herein shall be defined as follows:

Goods and merchandise means tangible or movable personal property, other than money.

Holiday activities means seasonal activities associated with federally recognized holidays and Halloween.

Temporary means for a period of time not to exceed a specified number of consecutive days.

Temporary mobile pushcart vending means a mobile, hand-pushed cart selling only prepackaged, nonhazardous individual refreshment items, sold only in association with a permitted temporary outdoor activity, as defined, permitted in the commercial designations. Handling of raw foodstuff, preparation or cooking of food, other than heating of prepackaged or preassembled items, is prohibited. Subject to both a temporary mobile vending permit and a temporary outdoor activity permit for each activity attended.

Temporary mobile pushcart vending permit is issued by the General Government Administration Department with written authorization by the Community Development Director, or designee, for the applicant to engage in temporary outdoor sale of prepackaged, nonhazardous individual food items from a mobile pushcart or similar device, within the commercial designations, only in association with a temporary outdoor activity, for a period commensurate with the approved terms of the temporary outdoor activity permit.

Temporary outdoor retail display means activities involving the temporary outdoor display of retail goods and merchandise in association with an existing business located on the premises of the principal use, limited to properties within the C1, C2 and C3 commercial land use districts. Display items may be sold. Sales shall be conducted by employees of the principal use and owned by the owner of the principal use, not a consignment operation or transient vendor/merchant. Temporary outdoor retail display activities are subject to a temporary outdoor activity permit, limited to a continuous period of seven days, and shall not occur more than three times per calendar year, with a minimum separation of seven days between each permitted period.

Temporary outdoor activity means the sale of retail merchandise associated with seasonal/holiday activities, the operation of a carnival, or sale of farm produce, occurring on a commercially zoned lot with a minimum of two acres in size, which is vacant or which contains a separate and distinct primary use from the merchandise being sold. Temporary outdoor activities shall occur in non-enclosed areas or utilize a temporary open air portable structure such as a tent, awning, or sunshade. Temporary outdoor activity shall be subject to a temporary outdoor activity permit, limited to a continuous period of 20 days within a six-month period, unless specified otherwise in this section.

Temporary outdoor activity permit is issued by the General Government Administration Department with written authorization by the Community Development Director, or designee, for the applicant to engage in temporary outdoor activities at a specified, fixed, location for a specified period of consecutive days within each calendar year. Such permit is required for temporary outdoor activities, mobile pushcart vendors in association with a specified temporary outdoor activity, and temporary outdoor retail display.

(Ord. No. 21-2009, pt. I, 12-7-2009)