Charleston, S.C., City Code § 17-121 Vending of food, drink or reading material.
Sec. 17-121. - Vending of food, drink or reading material.
(a) Vending of food or drink within public rights-of-way.
(1) It shall be unlawful for any person to engage in the business of selling food or drink with any alcohol contained therein and reading material from a stationary cart or any other stationary vehicle or device that is placed, parked or stopped in or upon any city street or in any public parking space, public right-of-way or sidewalk next to any city street or on any other public property in the Old and Historic District of the City of Charleston except in such area as shall be designated and marked by the department of traffic and transportation for such purpose and as is approved by city council.
(2) The director of traffic and transportation shall survey the Old and Historic District and report to city council, on at least an annual basis, those areas in the nonresidential portions of the Old and Historic District which are appropriate for accommodating the location of stationary vendors selling food or drink with any alcohol contained therein and reading material, taking into consideration factors such as vehicular and pedestrian circulation, access, availability of parking, street and/or sidewalk width and such other factors as he may deem necessary to protect the public health, welfare and safety; provided, however, that under no circumstances shall a vendor space designated for the sale of food or drink with any alcohol contained therein and reading material be located within one hundred (100) feet of the entrance to a church or within one hundred (100) feet of a residentially designated district; and provided further that when the director of traffic md transportation annually surveys the nonresidential portions of the Old and Historic District to determine the appropriate location of any vendor space, he shall seek to avoid locating stationary street vendors who sell food or drink with any alcohol contained therein and reading material unreasonably close to existing restaurants or to other designated vendor spaces.
(3) Vendor spaces designated for the sale of food or drink with any alcohol contained therein and reading material from stationary carts or other vehicles or devices shall be available to interested vendors on a daily basis, 7:00 a.m. to 7:00 p.m., on a first come, first serve basis unless such spaces are franchised or unless designated by city council as not being available to interested vendors on a daily basis, 7:00 a.m. to 7:00 p.m. on a first come, first serve basis if not franchised in accordance with this section.
(4) No person shall engage in the sale of food or drink with any alcohol contained therein and reading material from a stationary cart or other vehicle or device from a vendor space unless:
a. He has secured a business license, a peddler's permit for himself and any employee who shall operate his stationary cart or other vehicle or device approved by the police department and issued by the business license division, and a decal from the business license division displayed as follows:
1. The decal shall be prominently displayed on the stationary cart or other vehicle or device from which food or drink with any alcohol contained therein and reading material is dispensed; and
2. The peddler's permit issued to the vendor or his employee operating the stationary cart or other vehicle or device and the vendor's business license shall either be prominently displayed on the vendor's stationary cart or other vehicle or device or available from the vendor or his employee operating the stationary cart or other vehicle or device on demand; and
b. He can and does confine all operations incident to the sale of food or drink with any alcohol contained therein and reading material within the perimeter of the vendor space; and
c. He has paid such fees as may be set by city council for the privilege of utilizing such vendor space(s); and
d. He has filed with the director of traffic and transportation a duly executed idemnification/hold harmless agreement with the city concerning the use of the designated vendor space.
(5) Nothing herein shall be construed to prevent the director of traffic and transportation, at the direction of city council, from designating vendor spaces on a temporary basis as and when city council may deem appropriate.
(6) Authority of the director of traffic and transportation regarding bidding and franchising procedures for all vendor spaces designated for the sale of food or drink with any alcohol contained therein and reading material is delineated as follows:
a. The director of traffic and transportation shall have the authority to recommend to the committee on traffic and transportation that any or all vendor spaces designated for the sale of food or drink with any alcohol contained therein and reading material be made available only pursuant to a competitive bidding process and the execution of a franchise agreement with the successful bidder. The city may reject any or all bids.
b. In determining whether such a recommendation is warranted, the director of traffic and transportation shall consider whether the demand for any vendor space from competing vendors is, or could be, disruptive to the public order or has resulted, or could result, in undue burden on enforcement officials.
c. Upon the committee on traffic and transportation approving the franchising of certain vendor spaces, the director of traffic and transportation, with input from corporation counsel, shall draft bid specifications, which shall include, at a minimum:
1. The location of the vendor space proposed to be franchised;
2. A requirement of such minimum bid as shall be approved by the ways and means committee;
3. A provision to allow for the payment of the franchise fee on at least a semiannual basis;
4. A limitation on the term of the franchise agreement to no more than one (1) year;
5. A requirement for the acquisition of public liability insurance in such amounts as shall be recommended by corporation counsel;
6. A prohibition against the assigning or subletting of any vendor space or franchise agreement;
7. A requirement that the successful bidder acquires and maintains a current City of Charleston business license;
8. A provision requiring the successful bidder to comply and maintain compliance with applicable rules and regulations as may be promulgated by the South Carolina Health Department; except is prohibited by subsection 17-121(3) a limitation on the hours of operation from 7:00 a.m. to 7:00 p.m., with a provision allowing for the franchised vendor space to be available to other licensed vendors for any day during the term of the franchise agreement that the successful bidder s not open for business in the franchised vendor space by 11:00 a.m., or if he thereafter vacates he franchised vendor space during the day;
9. A requirement that the successful bidder remove all vending apparatus from the vendor space it the end of each day and to otherwise maintain the area in and around the vendor space in a clean condition, free of trash and rubbish;
10. A requirement forbidding meter feeding or encroaching on any property outside the vendor space;
11. Provisions for the suspension or cancellation of the franchise agreement;
12. A provision requiring the use of recyclable or biodegradable containers; and
13. A provision allowing the city to reject any or all bids not deemed by it to be in the best interest of the city.
d. No bid specifications shall be put out for bid until they have first been approved by the committee on ways and means.
(7) Authority of the department of traffic and transportation regarding the lawful and/or appropriate placement of stationary carts for the sale of food or drink with any alcohol contained herein and reading material in areas outside of the Old and Historic District is delineated as follows:
a. In areas outside the Old and Historic District, the sale of food or drink with any alcohol contained therein and reading material from stationary carts or other stationary vehicles that are laced, parked or stopped in or upon any other public property shall be unlawful, except in such areas as may be designated and marked by the department of traffic and transportation for such purposes.
b. In determining whether a location outside the Old and Historic District is appropriate to accommodate a stationary cart or stationary vehicle selling food or drink with any alcohol contained therein and reading material, the director of traffic and transportation shall consider the vehicular and pedestrian circulation around the proposed space, the availability of parking, street and/or sidewalk width, access and such other factors as he may deem necessary to protect the public health, safety and welfare; provided however, that the director of traffic and transportation shall not designate a space for the sale of food or drink with any alcohol contained therein and reading material within one hundred (100) feet of the entrance to a church or within one hundred (100) feet of a residentially designated district; and provided further, the director of traffic and transportation shall seek to avoid having stationary street vendors selling food or drink with any alcohol contained therein and reading material unreasonably close to existing restaurants or other designated street vending spaces.
c. The director of traffic and transportation shall have the authority to recommend to the committee on traffic and transportation that any of the spaces designated for the sale of food or drink with any alcohol contained therein and reading material pursuant to the provisions of this section be made available only pursuant to a competitive bidding process and the execution of a franchise agreement with the successful bidder. The city may reject any or all bids. In determining whether such a recommendation is warranted, the director of traffic and transportation shall consider whether the demand for the space or spaces is, or could be, disruptive to the public order or has resulted, or could result, in undue burden on enforcement officials. If such a recommendation is made, and thereafter approved by the committee on traffic and transportation, he director of traffic and transportation, with input from corporation counsel, shall prepare bid specifications incorporating the provisions of this section.
d. No bid specifications shall be put out for bid until they have first been approved by the committee on ways and means.
e. Any spaces not franchised shall be available to licensed vendors pursuant to the criteria set forth in this section except as prohibited by subsection 17-121(a)(3).
(b) Vending of food or drink within the central business district.
(1) Any sale of food, drink or alcoholic beverages from a mobile food vendor that is placed, marked or stopped on private property in the Central Business District of the City of Charleston shall be subject to the following regulations in their operation:
a. No person shall engage in a mobile food vendor operation unless they have obtained a valid business license, a peddler's permit for himself and any employee operating at the location, and one (1) current mobile food vendor operational permit from the fire marshal division. Required documentation will be readily displayed and made available upon request, including written permission from the property owner.
b. No mobile food vendor may operate outside the hours of 8:00 a.m. to 1:30 a.m. At the end of each business day's operation, the vendor shall remove from the parcel the mobile food vendor operation and all materials associated with the business.
c. No mobile food vendor shall sound any device or play music which produces an offensive or oud noise to attract customers, and vendors shall not use any public address system on the vehicle to broadcast or advertise products. All mobile food vendors to which this section applies shall also comply with the noise restrictions in the late night entertainment establishment operational regulations listed in section 17-126.
d. It shall be the responsibility of the mobile food vendor to position their operation, vehicle, and equipment, in such a manner to reduce or eliminate interruptions of the public way. Operations shall not block or obstruct the public way, generate patron lines that obstruct sidewalks, streets, or public ways, or similar. The vendor shall locate at least 10' from the public way, or further, to reduce the potential for obstructions.
e. For purposes of this section, mobile food vendor may include a truck, cart, trailer, vehicle or similar temporary configurations to provide food or beverage service.
(Ord. No. 2014-40, § 1, 3-25-14; Ord. No. 2015-134, § 3, 9-22-15; Ord. No. 2021-89, § 1, 6-30-21)