Title 10 Regulation of Activities
Chapter 10.51 Mobile Food Vendors
Section 10.51.050 Mobile Food Vending from or onto the Public Right of Way
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When vending from or onto a location or locations within a public right of way including a public sidewalk or plaza, the mobile food vendor must limit vending to a location where mobile food vending is acceptable to the adjoining property owner or their designated agent and is further subject to the following requirements:
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The vending location must be within a zone wherein mobile food vending is a permitted use pursuant to SMC Title 17C.390.
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Within the downtown Spokane Parking and Business Improvement Area (PBIA) the City must have a written record demonstrating the adjoining property owner or their designated agent accepts mobile food vending on the right of way adjoining their property(ies) as an allowable activity;
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The vendor shall comply with all applicable parking regulations, except that a mobile food vendor operating with a valid mobile food vendor permit at an approved location pursuant to SMC 10.51.050 is exempt from SMC Section 16A.05.280, and the parking time limits of SMC Section 16A.05.310;
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The vendor must setup and operate the mobile food vending unit so as to maintain a minimum five foot clear pedestrian pathway, twenty feet in both directions from the food vending unit along the public sidewalk at all times;
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A valid mobile food vendor permit does not confer nor guarantee any exclusive right to any specific location. All locations within the public right of way are based on a first come, first served basis, there are no designated parking spots or sidewalk locations for specific mobile food vendors.
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The vendor acknowledges that the Spokane police department, or any authorized representative thereof, may order the food vendor to depart from a specific location when it has clear and convincing evidence that the vendor’s presence at that location is causing or contributing to an imminent public safety hazard. A property owner or their designated agent may also request any food vendor to move from a location adjacent to said property owner’s property. In such instance the vendor must move at least fifty feet walking distance from the property to another acceptable vending location.
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The mobile vending unit may not be within fifty feet walking distance of the front entrance of an existing restaurant located on the same block face without the written consent of the owner or authorized representative of the restaurant owner.
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The applicant shall comply with the terms and conditions of the mobile food vendor permit issued, and shall maintain the sidewalk in a clean and safe condition for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do so by an appropriate City officer such as the chief of police or fire official or their authorized representatives.
Date Passed: Monday, June 23, 2014
Effective Date: Friday, August 8, 2014
ORD C35097 Section 1
