Fiscal Note
No fiscal impact.
Title
Authorizing amendments to the "Regulations Governing Vending on the State Street Mall/Capitol Concourse" regarding Late Night food vending cart mobility and placement specifications, to coincide with ordinance amendment ID# 13729.
Body
WHEREAS, Section 9.13(6) of the Madison General Ordinances provides that the Vending Oversight Committee (VOC) is empowered to promulgate regulations not inconsistent with Sec. 9.13, governing the sale of goods and personally prepared food on the State Street Mall/Capitol Concourse; and the number, size, location of vending sites therein; and
WHEREAS, pursuant to Sec. 9.13, Common Council approval is required for regulations promulgated by the VOC; and
WHEREAS, said regulations are currently published in a document entitled "Regulations Governing Vending on the State Street Mall/Capitol Concourse;" and
WHEREAS, at its meeting on February 25, 2009, the VOC will consider the following changes to the Regulations and these amendments are necessary to coincide with an ordinance amendment to sec. 9.13 pending under ID# 13729; and
WHEREAS, the changes to the Regulations are set forth in this Resolution using underlines and strike-outs to show changes as appropriate; and
WHEREAS, the VOC will report its recommendations to the Common Council prior to the Council taking final action on this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council approve amendments to the "Regulations Governing Vending on the State Street Mall/Capitol Concourse" recommended by the VOC, as follows:
1. Amending Section IX, MISCELLANEOUS REGULATIONS, Paragraph A., Restrictions on Mobility, as follows:
A. Restrictions on Mobility.
1. Vending equipment and supplies shall be moved to and from sites manually between the hours of 11:00 a.m. and 2:30 p.m. A motorized vehicle may be used to move vending equipment at all other times or in the event of severe weather. Any driving on the sidewalk or pedestrian walkway shall be done at a speed of less than 5 miles per hour and with due regard to the safety of pedestrians.
2. Vending carts, even if mobile, must remain stationary in the vending site for the hours of business. Vending from a pushcart, motorized mobile cart, or bicycle pushcart traveling on the Sate Street Mall/Capitol Concourse is prohibited, except as permitted in Late Night Vending areas under sec. 9.13(6)(n).
3. Any vehicle used pursuant to IX.A.1. above shall be used solely for the purpose of moving heavy or unwieldy vending equipment and supplies to and from the site, and shall be permitted to remain only so long as it is being actively loaded or unloaded. The maximum loading and unloading time shall be twenty (20) minutes. Thereafter, any such vehicle shall be removed promptly. Under no circumstances shall the vehicle operator engage in vending activities while the vehicle remains at the site.
2. Amending Section IX., MISCELLANEOUS REGULATIONS, Paragraph B., Removal of Carts and Vending Equipment as follows:
B. Removal of Carts and Vending Equipment
1. All vending equipment (i.e., carts, tables, apparatus, etc.) shall be removed from the State Street Mall/Capitol Concourse between the hours of 1:00 a.m. and 5:00 a.m., unless otherwise authorized during the hours in which vending is permitted, as specified in sec. 9.13(6)(l)1. of the Madison General Ordinances.
No vending equipment shall be left unattended at any time for longer than fifteen (15) minutes except that:
a. Craft vendors may leave equipment unattended at the vending site prior to set up for no more than thirty (30) minutes;
b. Food vendors with carts may leave the vending cart unattended in excess of fifteen (15) minutes provided that the cart is security closed.