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BULLET St. Louis City Revised Code Chapter 8.108A VENDORS Part IV

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 8.108A 
VENDORS
PART IV ITINERANT VENDORS

Sections:

8.108A.240 Itinerant vendor license--Application.
8.108A.250 Itinerant vendor's license--Term.
8.108A.260 License transferral prohibited.
8.108A.270 Temporary association with local dealer.
8.108A.280 Applicability of part.
8.108A.290 Limitations on applicability.
8.108A.300 Rules and regulations for Downtown Vending District.
8.108A.310 Rules and regulations for City Parks Vending Districts.
8.108A.315 Reserved.

8.108A.240 Itinerant vendor license--Application.

Every individual who desires a license as an itinerant vendor shall make application therefor in conformity with the provisions of this chapter relating to applications for licenses, and shall state the class of license sought. The fee for an itinerant vendor's license shall be $25.00 per day. A non-refundable application processing fee of $25.00 shall be collected at the time of application; provided, however, that upon the granting of a license, the amount of the application fee shall be credited to the fee for said license.
(Ord. 65061 24, 2000.)

8.108A.250 Itinerant vendor's license--Term.

Any itinerant vendor's license issued according to the provisions of this chapter shall only be valid on the day issued.

No itinerant vendor's license shall be issued under this chapter except for the full license period and the full license fee.
(Ord. 65061 25, 2000.)

8.108A.260 License transferral prohibited.

No transfer of ownership shall be allowed on any license issued hereunder.
(Ord. 65061 26, 2000.)

8.108A.270 Temporary association with local dealer.

Any person engaged as an itinerant vendor shall not be relieved from the provisions of this chapter by reason of temporary association with any local dealer, trader, merchant or auctioneer, or by conducting a temporary or transient business in connection with, or as a part of, the business of, or in the name of any local dealer, trader, merchant or auctioneer.
(Ord. 65061 27, 2000.)

8.108A.280 Applicability of part.

The provisions of this chapter shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, nor to bona fide sales of goods, wares or merchandise by sample for future delivery.
(Ord. 65061 28, 2000.)

8.108A.290 Limitations on applicability.

The provisions of this chapter shall not apply to any person who hires, leases or occupies any part of a building or enclosed structure, or portion thereof, for the exhibition or sale of goods, wares or merchandise for a period of more than two consecutive days and less than ten consecutive days on less than three occasions in any calendar year.
(Ord. 65061 29, 2000.)

8.108A.300 Rules and regulations for Downtown Vending District.

In addition to all other requirements of this chapter the following provisions shall apply to every vending business in the Downtown Vending District. The provisions of this section shall supersede any other provision of Chapter 8.108A of the City Code if such provisions are inconsistent.

A. Every vending business in the Downtown Vending District must operate from a fixed location on a public sidewalk or public right of way, other than a roadway except when licensed as a festival vendor under the provisions of this chapter.

B. Vendors must apply for and obtain a permit to operate a vending business in the Downtown Vending District as provided in this section prior to obtaining a vendor's license. Vendor's permits shall be issued by the Director of Streets (the "Streets Director") for locations in the Downtown Vending District which are not within the City Parks Vending District, and by the Director of Parks, Recreation and Forestry (the "Parks Director") for locations in the Downtown Vending District which are within the City Parks Vending District.

C. No person, partnership or corporation shall be issued more than two (2) vendor's permits for locations within the Downtown Vending District, including areas in the Downtown Vending District which are within the City Parks Vending District, at any one time. No vendor's permit may be issued for any location which is within one block of any part of the City Parks Vending District and outside such district.

D. Vendors' permits in the Downtown Vending District shall be approved prior to issuance by the Board of Public Service. No such permit shall be approved unless it has been recommended by the Director of Streets, or in the case of locations within both the Downtown Vending District and the City Parks Vending District, by the Parks Director, who shall certify in their recommendation that prior to such recommendation such Director consulted with the Partnership for Downtown St. Louis concerning the matter and complied with the requirements of subsection (F) of this section. This subsection does not apply to permits regulated by subsections (H) and (I) of this section.

E. The minimum annual fee for a vendor's permit shall be $500; provided, this fee may be increased by the Board of Public Service, in its discretion, to an amount up to $1000, after request of the Streets Director and the Parks Director, identifying increases in regulatory costs to the City justifying the proposed fee increases. All revenue derived from vendor's permit fees shall be held in the Downtown Vending District Parks Fund established by Ordinance No. 68603.

F. When the Streets Director or the Parks Director determine that a vending permit should be issued for a location within the Downtown Vending District or for a location within part of the City Parks Vending District which is within the Downtown Vending District:

1. Such Director shall establish criteria, as follows:

a. Vending location;

b. Items to be sold, e.g. food, beverages, clothing;.

c. Hours of vending;

d. Type of vending structure, e.g. food cart; provided, the criteria shall expressly provide that no vending may be done from shopping carts;

e. Contribution to diversity of products available from vendors, and diversity of appearance of vendors' facilities, within the Downtown Vending District or within the City Parks Vending District within the Downtown Vending District;

2. Such Director shall issue a solicitation for permit applications, which shall:

a. Be published in two newspapers of general circulation in the metropolitan area and on the City's website for two weeks;

b. Identify the vending location;

c. State the criteria;

d. Request permit applications, which shall:

(1) Require applicants to indicate whether they will pay the City sums above the minimum fee;

(2) Require appropriate applicant identity information;

(3) Require photographic and other information about the vending structure, e.g. food cart;

(4) Contain detailed information about items to be sold and prices and suppliers;

(5) Require additional information as deemed appropriate; and

e. State the due date for applications.

3. After receipt of permit applications, the Streets Director or the Parks Director, as applicable, shall rank the applications based on completeness, desirability of product, proposed payments to the City, suitability of vending structure for the location, and contribution to diversity of products available from vendors and diversity of appearance of vendors' facilities, within the Downtown Vending District or within part of the City Parks Vending District within the Downtown Vending District;

4. Such Director shall then consult with the Partnership for Downtown St. Louis concerning the matter.

5. Such Director may reject all applications and shall retain records of his or her proceedings.

G. A sidewalk vendor shall be required to operate a vending business a minimum of ninety (90) days per year for a minimum of four (4) hours per day. No pushcart or other item related to the operation of a vending business shall be located on any City sidewalk or other public areas during non-vending hours, nor shall any such pushcart or any other item be parked, stored or left overnight in the Downtown Vending District or in any part of the City Parks Vending District within the Downtown Vending District;

H. Vendor's permits issued pursuant to this section shall be valid for three (3) years beginning on January 1 following approval of an application and ending on the third subsequent December 31, subject to payment in advance of the annual vendor's permit fee by December 31; provided, the Streets Director or the Parks Director as applicable may recommend to the Board of Public Service by December 1 of each year during the term of a permit that the permit be revoked as of the subsequent December 31 for noncompliance with this section or applicable regulations or failure to maintain a vendor's license. Following the expiration or revocation of a license, the applicable director may initiate a new solicitation process, if he or she believes continued vending at the location is in the City's interests.

I. Notwithstanding the provisions of this section, no person shall be permitted to vend on any public sidewalk or within any public right of way within the following described area (also depicted in the diagram attached to Ordinance No. 68603 as Exhibit A) in the Downtown Vending District, which includes the area known as the South Downtown Project Area as defined in Ordinance 65668, unless such person is a designated redeveloper for the South Downtown Project Area or has entered into a valid vending agreement with a designated redeveloper for the South Downtown Project Area and such person has otherwise complied with all requirements of this section and Ordinance 65061:

A tract of land being located in all of Blocks 6465, 6466, 6467, 106, 6509, 1409, 160, 161, 162, 147, and 148 and part of Blocks 188, 425, 417, 418, 419, and 422 of the City of St. Louis, Missouri being more particularly described as follows:

Beginning at the intersection of the Easterly line of former 9th Street vacated by Ordinance No. 9191 and the Southerly line of Walnut Street, thence along the easterly line of former 9th Street and its direct prolongation Southerly to the Northern Line of Gratiot Street, thence along last said Northerly line to the Westerly line of 4th Street, thence along last said Westerly Line to the Southerly line of Walnut Street, thence along last said Southerly line to the Easterly line of former 9th Street, and the Point of Beginning.

J. Notwithstanding the provisions of this Section, no person shall be permitted to vend on any public sidewalk or within any public right of way within the following described area (also depicted in the diagram attached to Ordinance 68603 as Exhibit A) in the Downtown Vending District, unless such person has entered into valid vending agreements with the Convention and Visitors Commission:

The area bounded as follows: beginning at the intersection of the centerlines of 9th Street and Cole Street, thence east along such centerline of Cole Street to its intersection with the west right-of-way line of I-70, thence south along such west right-of-way line of I-70 to its intersection with the centerline of Convention Plaza, thence west along such centerline of Convention Plaza west to its intersection with the centerline of 7th Street, thence south along such centerline of 7th Street to its intersection with the centerline of Washington Avenue, thence west along such centerline of Washington Avenue to its intersection with the centerline of 9th Street, thence north along such centerline of 9th Street to the point of beginning.
(Ord. No. 68603, 3, 3-16-2010: prior: Ord. 66860 2, 2005: Ord. 65061 30, 2000.)

Editor's Note. Exhibit A, referred to in subsection J, is on file in the Register's office.

8.108A.310 Rules and regulations for City Parks Vending Districts.

A. Except as provided in Chapter 22.20 of the Revised Code, as amended, pertaining to awarding concession contracts in City parks, no person shall vend or operate a vending business in any City park without first having obtained a license in accordance with the provisions of this chapter and a permit from the Director of Parks, Recreation and Forestry.

B. The Director of Parks, Recreation and Forestry is authorized to establish rules, regulations and fee schedules not inconsistent with the provisions of Chapter 8.108A of the City Code necessary for the proper administration of operating a vending business within City Parks Vending Districts; provided, however, that the Director shall issue not more than ten (10) vehicle vendor or fixed location sidewalk vendor permits at one time for the totality of all parts of the City Parks Vending District located within the Downtown Vending District. Such rules, regulations and fee schedules shall be maintained in the office of the Director and shall be available for public inspection during ordinary business hours.
(Ord. No. 68603, 4, 3-16-2010: prior: Ord. 65061 31, 2000.)

8.108A.315 Reserved.

Editors Note: Ord. No. 68603, 2, adopted March 16, 2010, repealed 8.108A.315 which pertained to Rules and regulations for the Civic Center Vending District and derived from Ord. No. 68108, 2, adopted Sept. 24, 2008.

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