17-7-9.10 Itinerant merchant.
The city shall not issue a business license for an itinerant merchant unless the following general and applicable specific criteria are demonstrated as part of the business license application:
A. General Itinerant Merchant Criteria.
1. Location on Private Property. The business and any activity associated therewith must be located on private property and only as a secondary use to another primary commercial use. The business shall not be located on public property (including public sidewalks, public streets, public parking areas or other public places as defined by the city) or on vacant or residentially used property, regardless of the zoning district.
2. Impervious Surface. The business must be located on a hard surface with no portion of the business located in a landscaped or nonimproved area.
3. Setbacks. The business must be located a minimum of ten feet behind the inside edge of the public sidewalk (or fifteen feet from the edge of the road right-of-way if no sidewalk exists); five feet from combustible walls, roof eave lines, awnings, etc.; ten feet from any building openings (i.e., doors, windows, vents, etc.); and five feet from a fire hydrant, driveway, handicapped parking space and loading area.
4. Lease. There must be a valid lease or written permission from the private property owner expressly allowing the use of property for the business that is the subject of this section. The merchant shall demonstrate the ability to utilize an existing restroom facility on or nearby the property.
5. Traffic Safety. The business location shall not impede auto and/or pedestrian traffic or create auto/pedestrian conflicts. Private sidewalk clear widths shall not be reduced below five feet and the itinerant business shall not interfere with the internal parking lot circulation.
6. Parking. The site must have adequate parking to accommodate the primary use(s) on site as well as any area used by the itinerant business. No part of the itinerant merchant business shall occupy required parking stalls for the primary use(s).
7. Power. All electrical wiring must be in compliance with the National Electrical Code and approved by the Midvale City Building Department. Extension cords and generators are prohibited.
8. Temporary Only. All aspects of the business shall be temporary in nature with no permanent facilities constructed on site, with the exception of the required permanent power source.
9. Maintenance. The area around the business shall be kept clean and orderly. A trash receptacle shall be provided for patrons. The merchant is responsible to clean up all trash, litter, spills, etc., within a minimum twenty-foot radius of the business.
10. Business Conduct. The business may not solicit or conduct business with persons in motor vehicles or use any flashing lights, noise, sound or other motion-producing devices to attract attention to its operation.
11. Regulatory Compliance. All applicable local and state regulations (i.e., food permit, tax numbers, registration, etc.) shall be met.
12. Business License. All requirements of Chapter 5.14 of the Midvale Municipal Code shall be met.
13. Site Plan. A site plan, drawn to scale, showing the exact location of the itinerant merchant (including all components of the business) with setbacks to buildings, sidewalks, roadways, driveways, parking, fire hydrants, and other important features shall be provided. A photograph or illustration showing components of the business, including cart and awning dimensions, trash receptacles, coolers, signage, electrical plans, etc., shall be provided, as well as other information required to show compliance with the applicable requirements contained herein.
B. Specific Itinerant Merchant Criteria.
1. Seasonal Food Stand. Each business license application for a seasonal food cart must comply with the following:
a. There shall be a minimum separation of six hundred sixty feet between all food stand locations. This separation shall be measured as a radius in all directions, with the food stand location being the center point.
b. A food stand shall not be located within two hundred feet of the primary public entrance of an existing restaurant use.
c. A minimum of two on-site parking stalls are required for the food stand use. One of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
d. The food stand must be a temporary structure with all wheels, trailers and hitches removed.
e. The maximum size of a food stand structure shall be eight feet by sixteen feet. The food stand must include four walls and a roof. It shall be constructed of surface materials that are smooth, easily cleanable, corrosion resistant, nontoxic, stable and constructed in accordance with the Salt Lake Valley health department regulations.
f. The vendor shall be limited to one outdoor storage bin (the bin shall not exceed fifteen square feet in size) and one trash receptacle external to the food stand. All other freestanding devices, i.e., signs, propane tanks, tables, racks, customer seating, overhead structures (i.e., tarps, awnings, umbrellas, enclosures, canopy extensions), etc., are prohibited.
g. Food stands are for walk-up traffic only; drive-up window service is prohibited.
h. Signage shall be attached to the food stand and occupy no more than twenty square feet. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
i. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach on the food stand.
j. The food stand and all related business items shall be maintained in good condition and repair at all times.
k. Seasonal food stands can be operated between May 1st and September 30th each year. The temporary structure must be removed from the site by September 30th and cannot be put on the site before May 1st.
l. The business shall not be conducted before six a.m. and after ten p.m.
2. Christmas Tree Sales. Each business license application for Christmas tree sales must comply with the following:
a. A minimum of five on-site parking stalls are required for a Christmas tree sales use.
b. The display/retail area for cut trees may be located on a gravel surface; however, all other aspects of the business must be located on an impervious surface, i.e., parking lot, concrete patio, etc.
c. Signage must be attached to an on-site fence and shall not exceed thirty-two square feet on each side of the Christmas tree lot. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
d. A portable fire extinguisher, Type 2A-10 BC minimum, must be mounted within easy reach of employees.
e. Christmas trees sales can be operated for up to eight weeks in the months of November and December. All aspects of the Christmas tree sales use must be removed by December 31st and cannot be put on the site before November 1st.
f. The business shall not be conducted before ten a.m. and after ten p.m.
3. Fireworks Stands. Each business license application for a fireworks stand must comply with the following:
a. A minimum of five on-site parking stalls are required for a fireworks stand use.
b. Temporary stands, trailers and tents may be used for the business operation.
c. Stands shall be located at least fifty feet from all highly combustible materials, including liquid or gas storage and dispensing units and vehicles. A fifty-foot-wide area shall be delineated around the fireworks stand as a “no parking” area.
d. Signage must be attached to the temporary structure and shall not exceed thirty-two square feet per wall length. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
e. All requirements of Utah State Administrative Rule R710-2, Rules Pursuant to the Utah Fireworks Act, shall be met to the satisfaction of the Midvale City fire marshal.
f. Fireworks stands shall be put on site no sooner than two days before June 19th and shall be removed no later than five days after July 26th.
g. Fireworks stands shall be operated no sooner than June 19th and no later than July 26th.
h. The business shall not be conducted before ten a.m. and after ten p.m.
4. Seasonal Produce Stand. Each business license application for a seasonal produce stand must comply with the following:
a. One produce stand business shall be permitted on each parcel of private property.
b. A minimum of three on-site parking stalls are required for the produce stand use. Two of these stalls shall be dedicated for the use of the itinerant merchant’s patrons; the other for a business employee.
c. The business shall sell fresh fruits and vegetables only; merchandise and nonperishable food items are not allowed.
d. Produce shall be displayed under a tent, awning or canopy. This structure shall be an earthtone color and have a maximum size of one hundred square feet.
e. Signage must be attached to the tent, awning or canopy and shall not exceed ten square feet on each side of the structure. One A-frame sign complying with the city’s A-frame sign standards may be utilized. No flashing or animated lights or searchlights may be used. No off-site signage is allowed, including within the public right-of-way.
f. The produce stand and all related business items shall be maintained in good condition and repair at all times.
g. All aspects of the business shall be moved on and off the premises each day of operation. No overnight parking or outdoor storage is allowed.
h. Produce stands can be operated between June 1st and October 31st each year.
i. The business shall not be conducted before ten a.m. and after ten p.m.
5. Seasonal Flower Stand. Each business license application for a seasonal flower stand must comply with the following:
a. A flower stand shall not be located within two hundred feet of the primary public entrance of an existing business that sells live flowers as its primary merchandise.
b. One flower stand business shall be permitted on each parcel of private property.
c. A minimum of five on-site parking stalls are required for the flower stand use.
d. The business shall sell live flowers only; all other merchandise, including merchandise ancillary to the planting of live flowers, such as potting soil, separate pots and containers, watering cans, etc., are not allowed.
e. All live flowers shall be displayed under a tent or canopy structure that does not exceed one thousand three hundred fifty square feet in size. No live flowers shall be displayed beyond the drip line of this structure. The tent or canopy structure shall comply with all applicable building code requirements. A building permit may be required depending on the size of the tent or canopy.
f. The tent or canopy cover shall be made of a white or earth tone color canvas material; covers made of metal, wood or similar materials are prohibited.
g. Signage must be attached to the drip line of the tent or awning structure. This signage shall not extend above or below the tent or canopy cover and shall not exceed eighty percent of its length. Signs shall not be internally illuminated or make use of flashing or intermittent lighting or animation devices. Pennants, streamers, lawn banners and other temporary signs are prohibited.
h. A portable fire extinguisher, Type 2A-10 BC minimum, must be available at the location.
i. The flower stand structure, cover and all related business items shall be maintained in good condition and repair at all times.
j. Seasonal flower stands can be operated between April 15th and June 15th each year. The temporary structure must be removed from the site by June 15th and cannot be put on the site before April 15th.
k. The business shall not be conducted before eight a.m. and after ten p.m. (Ord. 2014-04 § 1 (Att. A (part)); Ord. 11/10/2009O-20 § 1 (Att. A (part)); Ord. 5/5/2009O-8 § 1 (Att. A (part)); Ord. 9/21/2004O-29 § 1 (part))