2012 2:00:00 PM

Monday, March 26, 2012 2:00 PM
Sparks Legislative Building, 745 4th Street, Sparks, NV

Planning and Zoning Public Hearings and Action Items: 8.1

Title: CA-1-12, City of Sparks, Second Reading, Public Hearing, Consideration and possible approval of Bill No. 2639, an ordinance by the City of Sparks amending Title 20 of the Sparks Municipal Code to establish mobile vendor standards and providing other matters properly relating thereto (CONTINUED FROM FEBRUARY 27, 2012, CITY COUNCIL MEETING). (FOR POSSIBLE ACTION)

Petitioner/Presenter: City of Sparks/Jim Rundle, Senior Planner

Recommendation: The Planning Commission and Community Development Department recommend approval of CA-1-12.

Financial Impact: N/A

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: This is the public hearing for a code amendment to establish mobile vendor standards in the Zoning Code. The Planning Commission unanimously voted to forward a recommendation of approval to the City Council at the January 19, 2012 meeting. Approval of this bill would allow for mobile vending on private property in the City of Sparks. The City Council continued this item at the February 27th meeting to provide staff the opportunity to solicit final input from the mobile vendors in a workshop.

Background: The Sparks City Council continued this ordinance at the February 27th meeting to the March 26th meeting to allow for more public input. Staff organized a meeting which included the mobile vendors on March 7 at City hall. This meeting provided the opportunity to discuss the proposal being submitted for consideration by the Sparks City Council. The ordinance as proposed has not changed from the February 27th meeting. A mobile vendor is any person, including any employee or agent of another, who sells or offers to sell, barter or trade from a vending vehicle, trailer or cart. Mobile vending has only been permitted in the City of Sparks via the temporary use permit and the Outdoor Sales section (SMC 20.53.030). Temporary use permits allow for uses such as mobile vending, but limit the duration of such outdoor sales to seventy-two hours and prohibits such sales be conducted by the same business more often than once every twenty-eight calendar days. The City Council provided direction to staff to initiate a code amendment that, if approved, will permit mobile vending. Staff has been monitoring the City of Reno's mobile vendor proposed ordinance and finds it to be very similar in nature, to the proposed amendment for Sparks. Staff hosted a workshop at City Hall with mobile food vendors in December to solicit comment on a draft of the mobile vending ordinance. The meeting was attended by approximately 20 vendors. Revisions to the draft were incorporated based on the input from the workshop. A second workshop was organized by The Chamber and held at the Legends at Sparks Marina. Invitations were sent to numerous restaurateurs by the Chamber but the meeting was only attended by two business owners. Staff did consider comment from this meeting and the proposed ordinance has considered all public input.

Analysis: City staff researched mobile vending and is recommending the activity be allowed without a temporary use permit with certain restrictions. The proposed ordinance limits mobile vending to private property and only with written consent of the property owner. Any mobile vending occurring in the public right of way is outside of the zoning ordinance and enforcement would be the responsibility of the police department. The proposed regulations include limiting the amount of operating hours per day and numerous requirements to conform to the same Washoe County District Health standards that apply to a fixed base restaurateur. In addition, regulation number "4" restricts mobile food vendors from operating within 300 feet of an established restaurant. The NRS reference cites taxation law. The intent of this regulation is to inhibit mobile food vendors from diverting clientele from fixed-base restaurants. The mobile vending ordinance will not affect special events as special events are separately defined and regulated by the Sparks Municipal Code. All vendors operating in a special event are required to have a special events permit. The proposed standards are listed below, and in the attached ordinance. 20.53.060 Mobile vendors A. Mobile vending is permitted by complying with the following conditions: 1. Mobile vendors must have a City of Sparks business license. 2. Transaction of business shall only occur on private property, mobile vendors may only transact business with written permission from the property owner to use this site. 3. Mobile vendors shall not transact business on a site for a period longer than four hours per day unless otherwise permitted by this Chapter. 4. Mobile food vendors shall not locate within 300 feet of an establishment selling taxable food (as defined in NRS 372.284 as may be amended) during the establishment's hours of operation. The 300 feet shall be measured from the closest point of the building of the food establishment to the mobile vendor. 5. Mobile vendors shall designate a legally permitted clean out location for mobile vending vehicles, trailers or carts prior to issuance of a business license. Clean out shall only occur at the designated location. 6. Any mobile vending vehicle, trailer or cart shall not be stored on residential property. 7. Mobile vendors are not allowed to use residential property for stocking and loading food. 8. Mobile vendors shall not interfere with the circulation or parking of vehicles in the required parking area of any site. 9. Mobile vendors shall not interfere with the safe and convenient passage of pedestrians, obstruct any pedestrian walkway or reduce its clear width to less than four feet. 10. Mobile vendors shall provide a venue free from excessive noise. Mobile vendors shall not broadcast any music while stopped or parked. 11. Utilization of strobe lights or other similar devices aimed at directing attention to the mobile vending business is prohibited. 12. Mobile vendors shall keep setup sites free from trash, garbage or other refuse. 13. Mobile vendors shall provide appropriate trash receptacles for their customers' use. The receptacles shall move from place to place with the vendor and shall be emptied as necessary. Definitions: Sections 20.05 Mobile vendor: Any person, including any employee or agent of another, who sells or offers to sell, barter or trade from a vending vehicle, trailer or cart. Mobile vending vehicle: A motorized vehicle operated by a mobile vendor. Mobile vending trailer: A mobile trailer operated by a mobile vendor. Mobile vending cart: A movable push cart that is operated by a mobile vendor including but not limited to bicycles. Mobile food vendor: A person, including any employee or agent of another, who sells, or offers to sell, barter or trade food and/or drink to be consumed by customers. Mobile food vendors shall comply with the standards as set forth in this section.

Alternatives: The Council may choose to remand the proposal back to the Planning Commission, modify the proposal or to deny the proposal.

Recommended Motion: I move to adopt Bill #2639 amending Title 20 of the Sparks Municipal Code establishing mobile vendor standards and providing other matters properly relating thereto.

Attached Files:

MOBILE VENDORS ORDINANCE.docx

MOBILE VENDORS ORDINANCE.pdf

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