7.20.020 Sidewalk Vendors.
A. A sidewalk vendor license is required to sell food, beverages, wares or goods from a public sidewalk or other public property not associated with an adjacent permanent restaurant or retail facility.
B. In addition to the generally applicable application requirements, an application for a sidewalk vendor license shall:
1. Include a drawing or photo of the proposed unit.
2. Provide a complete list of all items the vendor proposes to offer for sale.
C. A sidewalk vendor license may be issued if the following criteria are met in addition to the criteria in BC Chapter 7.10:
1. The use of the right-of-way or public property will not interfere with existing utilities or pedestrian use, or pose a hazard to vehicular traffic. There will be an accessible pedestrian passageway of at least five feet. The use will be in compliance with applicable vision clearance requirements.
2. The proposed use of City-owned property is not inconsistent with the use for which the property was dedicated.
3. Sales shall be from a self-contained unit no larger than 25 square feet unless specified on the license. Only the self-contained unit and a single chair for the use of the vendor may be placed in the public property or right-of-way unless specifically authorized by the license. Licensee may only operate at the location specified on the license.
D. The City will create a list or map of locations where sidewalk vendors may operate. The City may change the locations. Licensees may operate at only one of the locations designated by the City Manager. The City shall annually conduct a lottery to assign locations among applicants. Any licensee who has not applied for a sidewalk vendor license by the time of the lottery shall be allowed to operate at any remaining location on a first-come, first-served basis. Locations assigned to a sidewalk vendor are nontransferable.
E. A sidewalk vendor may not sell merchandise within one-half block of a permanent retailer that sells the same type of item. A license will not be revoked during a calendar year if a permanent retailer moves into the permanent building after a license has been issued for that calendar year.
F. A sidewalk vendor may not provide customer seating without written City approval.
G. No cooking systems may be used unless approved by the Bend Fire Department.
H. No sidewalk vendor may operate within the area of any permitted special event without permission of the event organizer. [Ord. NS-2409, 2021; Ord. NS-2323, 2019; Ord. NS-2157, 2011]