City of Madison, Wisconsin | Legislative Information Center
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File #: 57526    Version: 1 Name: Prohibit Extended Delivery vending
Type: Ordinance Status: Passed
File created: 9/17/2019 In control: Attorney's Office/Approval Group
On agenda: 9/17/2019 Final action: 10/1/2019
Enactment date: 10/11/2019 Enactment #: ORD-19-00072
Title: Creating Section 9.13(1)(b)5. of the Madison General Ordinances to define and prohibit the practice of Extended Delivery, where food and beverage are sold to more than 5 customers via delivery occurring on public streets and sidewalks, and amending Sec. 9.13(1) to make housekeeping changes.
Sponsors: Michael E. Verveer
Fiscal Note
No City appropriation required.
Title
Creating Section 9.13(1)(b)5. of the Madison General Ordinances to define and prohibit the practice of Extended Delivery, where food and beverage are sold to more than 5 customers via delivery occurring on public streets and sidewalks, and amending Sec. 9.13(1) to make housekeeping changes.
Body
DRAFTER'S ANALYSIS: This ordinance prohibits a recent street vending practice where unlicensed vendors make deliveries of a large amount of food to a location on the street or sidewalk, as well as taking walk-up orders, usually from a vehicle. This ordinance makes it clear such extended deliveries are a type of street vending, and prohibits it. Street vending requires a license, Health Department inspections, and in many parts of the City, a site assignment that is awarded through the competitive Food Cart review or on seniority. This ordinance defines extended delivery as making a delivery to more than 5 people at a time when the delivery occurs on the public street or sidewalk. Under this amendment there is no license available for this activity. Delivering food to more than 5 people inside a building or on private property continues to be unregulated. If such delivery includes taking walk-up orders outdoors on private property, this would be regulated as “freestanding vending” under the zoning ordinance.
This ordinance also makes some housekeeping changes to streamline the definition of street vending to coincide with other definitions within the street vending ordinance.

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The Common Council of the City of Madison do hereby ordain as follows:

1. Paragraph 5. entitled “Extended Delivery Prohibited” of Subdivision (b) entitled “Street Vending Near Parks, etc.” of Subsection (1) of Section 9.13 entitled “License for Selling on Public Streets” of the Madison General Ordinances is created to read as follows:

“5. Extended Deli...

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