ORDINANCE NO. 8516 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS RELATED TO LICENSED STREET VENDORS.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 6-1402 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is amended to read as follows:

6-1402              STREET VENDOR LICENSE.

Upon application to the City Clerk, the City Commission may grant a street vendor license, subject to the provisions of this Article, to use one of the sidewalks in the following locations for the sale of food, flowers or non-alcoholic beverages, provided that another street vendor is not already licensed to use that location:

(1) Either southwest or northeast corner of 7th and Massachusetts Streets;

(2) Either southwest or northeast corner of 8th and Massachusetts Streets;

(3) Either southwest or northeast corner of 9th and Massachusetts Streets;

(4) Either southwest or northeast corner of 10th and Massachusetts Streets;

(5) West side of the 800 block of Massachusetts Street near the center block cross walk area.

The governing body reserves the right to reject any or all applications and to restrict or prohibit the use of the right-of-way at the above locations at any time.

Section 2.  Section 6-1406 of the Code of the City of Lawrence, Kansas, 2009 Edition, and amendments thereto, is amended to read as follows:

6-1406              DUTIES OF STREET VENDORS.

(A) The licensed street vendor shall sell only those products (food, flowers or non-alcoholic beverages) specified on the vendor’s street vendor license application and for which the license has been issued.

(B) A licensed street vendor must prove current State of Kansas Health Department Certificate of Approval if selling food or non-alcoholic beverages, and must prove any other licenses or certificates that are required by the State of Kansas.

(C) A licensed street vendor, before using any heating devices at the licensed location, shall be inspected by the Lawrence-Douglas County Fire and Medical Department and receive approval from them for the use of said device.

(D) The licensed street vendor, or his or her designee, shall remove the cart or stand from the licensed location no later than 9:00 p.m. each day not operate or have their cart or stand at the licensed location between the hours of 2:30 a.m. and 7:00 a.m.

(E) No more than two (2) employees of the licensed street vendor shall be at the licensed location at one time.

(F) All sales shall be confined to the approved, licensed location.

(G) The licensed street vendor shall use only non-breakable containers at the licensed location.

(H) The licensed street vendor shall be responsible for cleanup of all refuse generated by the business and/or its customers at the licensed location.

Section 3.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4.   Repeal of Prior Law.  All previous versions of the sections of the Code of the City of Lawrence, Kansas amended in this ordinance are hereby repealed, it being the intent to supersede the same with the provisions of this ordinance.

Section 5.  Effective Date.  This ordinance shall take effect and be in full force and effect on May 1, 2010 and following its adoption and publication as provided by law.

Adopted this ________________ day of ________________, 2010.

PASSED:

Mike Amyx, Mayor

ATTEST:

Jonathan M. Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Wheeler, Director of Legal Services