FLOWER VENDING IN CENTRAL BUSINESS DISTRICT

Denver Revised Municipal Code ch. 49, art. XIV, div. 8

in effect

Denver Revised Municipal Code § 49-549 Boundaries of central business district.

Sec. 49-549. - Boundaries of central business district. For the purposes of this division, the central business district shall mean that portion of the city bounded by and including the following streets at any time: Commencing at the intersection of Larimer Street and 20th Street; thence proceeding southwesterly on Larimer Street to Speer Boulevard; thence southerly on Speer Boulevard to 13th Street; thence southeasterly on 13th Street to Colfax Avenue; thence easterly on Colfax Avenue to Lincoln Street; thence northerly on Lincoln Street to 20th Street; thence northwesterly on 20th Street to the intersection of 20th Street and Larimer Street. (Ord. No. 159-81, § 1, 3-30-81)

Denver Revised Municipal Code § 49-549.1 Eligibility.

Sec. 49-549.1. - Eligibility. (a) The manager of transportation and infrastructure or his designated representative may issue to any person a permit to occupy the public right-of-way outside the roadway for the purpose of vending flowers at a location within the central business district, as defined herein, approved by said manager or representative; provided, however, no permit shall be issued under this division 8 within the area which is covered under the provisions of division 6.5, 16th Street Mall Vending, of article XIV of this chapter 49. (b) Once such a permit has been issued and remains in effect for a location, no other person may be issued a permit for the same location. (Ord. No. 159-81, § 1, 3-30-81; Ord. No. 111-88, § 6, 3-7-88; Ord. No. 39-20, § 163, 2-3-20)

Denver Revised Municipal Code § 49-549.2 Application for permit.

Sec. 49-549.2. - Application for permit. An application for a permit hereunder shall include but not be limited to the following information: (1) Name and address of the applicant; (2) A description of the container or containers to be used; (3) The location for which application for a permit is made; provided, that such location shall not be within two hundred (200) feet of a flower shop with a direct entrance on the sidewalk; except as may be permitted under the provisions of section 49-549.3. The distance from a flower shop shall be measured along a continuous sidewalk but not crossing any street. (Ord. No. 159-81, § 1, 3-30-81)

Denver Revised Municipal Code § 49-549.3 Review and inspection.

Sec. 49-549.3. - Review and inspection. Before issuing a permit, the manager of transportation and infrastructure or his representative shall refer the permit application, inspect and obtain or make determinations as provided below: (1) The application shall be referred to the planning office, which shall review and indicate approval or disapproval of the design of the container or containers to be used, based on standards established by the planning office. (2) The manager of transportation and infrastructure or his representative shall review the location applied for, to determine whether the use of such location for sidewalk vending is compatible with the public interest in the use of a public right-of-way, in making such determination, the following may be considered, to determine whether the proposed use would result in pedestrian or street congestion; the width of sidewalk; whether or not the applicant has obtained the written consent of the owner or owners of the property adjacent to said location, or the lessee or tenant of the ground level of the property adjacent to said locations; whether or not the applicant has obtained the written consent of the proprietor of a flower shop within two hundred (200) feet of said location; the proximity and location of existing street furniture, including but not limited to signposts, lamp posts, parking meters, bus shelters, benches, telephone booths, planters, newsstands and newspaper vending devices; and the presence of bus stops, truck loading zones, taxi stands or hotel zones. (Ord. No. 159-81, § 1, 3-30-81; Ord. No. 39-20, § 164, 2-3-20)

Denver Revised Municipal Code § 49-549.4 Effect of disapproval.

Sec. 49-549.4. - Effect of disapproval. If the planning office disapproves the design of the container or containers, or if the manager of transportation and infrastructure or his representative disapproves the location proposed to be used as provided in section 49-549.3, no permit shall be issued. (Ord. No. 159-81, § 1, 3-30-81; Ord. No. 39-20, § 165, 2-3-20)

Denver Revised Municipal Code § 49-549.5 Permit.

Sec. 49-549.5. - Permit. (a) Conditions. A permit may be issued hereunder, subject to the following requirements: (1) The permit shall be valid for a period of twelve (12) months from and after the date of issuance, and may be revoked without cause. (2) Fees for permits hereunder shall be as follows: a. An application for a permit under this division 8 shall be submitted to the manager of transportation and infrastructure. The application shall be accompanied by a nonrefundable application fee of twenty-five dollars ($25.00) for a new permit or twenty-five dollars ($25.00) for the renewal of an existing permit. b. The annual fee for a permit issued under this division 8 shall be one hundred thirty dollars ($130.00). There shall be an annual increase in the permit fee which increase shall be equal to the same percentage as the percentage of the average career service wage increase for that year. The annual increase shall apply on the date the wage survey is completed by the Office of Human Resources beginning in 1986. c. Any change of ownership or location shall require a new application and permit, with payment of fees therefor, as provided hereinabove. (3) The permit may be renewed prior to expiration upon payment of the permit fee, subject to the provisions specified herein for application for a permit. (4) Each permit shall be valid for not more than one (1) location. (5) In addition to naming the permittee and other information required by the manager of transportation and infrastructure, the permit shall contain the following: a. The period of time for which the permit was issued. b. A statement that the permit issued shall be personal only and not transferable in any manner. c. A statement that the permit is valid only when used at the location designated on the permit. d. A statement that the permit is subject to the provisions of article XIV of this chapter of the Revised Municipal Code and of this division. (b) Limit on number. It shall be unlawful for any owner, part owner, shareholder or person interested directly or indirectly in any permit issued pursuant to this division of the Revised Municipal Code to conduct, own either in whole or in part, or be directly or indirectly interested in more than two (2) other permits issued pursuant to this division. (Ord. No. 159-81, § 1, 3-30-81; Ord. No. 338-85, § 1, 6-24-85; Ord. No. 661-12, § 5, 12-26-12; Ord. No. 39-20, § 166, 2-3-20)

Denver Revised Municipal Code § 49-549.6 Restrictions upon operations.

Sec. 49-549.6. - Restrictions upon operations. A person to whom a permit has been issued hereunder, and whose permit is valid, may transport to an approved location and may display flowers, as provided herein; provided: (1) That the container or containers shall occupy an area no larger than sixteen (16) square feet, and shall not exceed three (3) feet in width; nor six (6) feet in length; nor five (5) feet in height, excluding a canopy, umbrella or transparent enclosure. (2) That the permittee shall not use any device, chair, stand, box, container or table that does not comply with the requirements of this division; and shall not place any such thing on any sidewalk, roadway, street or alley, except as permitted hereunder. (3) That the permittee shall pick up any paper, cardboard, wood or plastic containers, wrappers or any similar litter which is deposited by any person on the sidewalk within twenty-five (25) feet of the approved location designated on the permit; and the permittee shall carry a suitable container for the placement of such litter by customers or other persons. (4) That the permittee shall locate the container or containers so that the remaining unobstructed width of a public sidewalk in the central business district, as the same is defined herein, is not less than ten (10) feet. (5) That the permittee shall not locate a container or containers on a public sidewalk within eight (8) feet of an adjacent building or property line. (6) That the permittee shall not locate a container or containers on a public sidewalk within the boundaries of a crosswalk. (7) That the permittee shall not locate a container or containers within ten (10) feet of the extension of any building entrance or doorway, to the curb line. (8) That the permittee shall not sell to any person who is standing in a street, highway or roadway. (9) That the permittee shall not sell from a container or containers that are located in any portion of a street, alley, roadway or highway that is designed or ordinarily used for vehicular travel. (10) That the permittee shall not sell from a container or containers at a location other than that designated on his permit. (11) That the permittee shall comply with all applicable provisions of the fire code, building code and Revised Municipal Code, including but not limited to the provisions of article XVI [14] hereof, relating to sidewalk hucksters; section 39-7, prohibiting huckstering in parks; and section 49-573, relating to street sale solicitation, of this Code. (12) That the permittee shall not leave a container or containers unattended on a public right-of-way or at the location designated on his permit. (13) That the permittee shall not conduct the business for which his permit was issued hereunder, between the hours of 12:00 midnight and 6:00 a.m. (14) That the permittee shall not conduct business at the location designated on his permit when such location is within an area for which the manager of transportation and infrastructure has issued a permit for a street fair, festival or similar event, under article XVI hereof, unless, the holder of said latter permit furnishes his permission in writing. (Ord. No. 159-81, § 1, 3-30-81; Ord. No. 39-20, § 167, 2-3-20)

Denver Revised Municipal Code § 49-549.7 Exemption from peddler's license.

Sec. 49-549.7. - Exemption from peddler's license. A permittee hereunder shall not be required to obtain a peddler's license and shall not be subject to the provisions of article II of chapter 47 of this Code, relating to peddler's licenses. (Ord. No. 159-81, § 1, 3-30-81)

Denver Revised Municipal Code § 49-549.8 Reserved.

Denver Revised Municipal Code § 49-549.9 Principal also liable.

Sec. 49-549.9. - Principal also liable. Any person, firm or corporation employing or using the services of any other person who violates the provisions of this division shall also be liable as principal for the breach thereof. (Ord. No. 159-81, § 1, 3-30-81)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIIREMUCO_CH49STSIOTPUWA_ARTXIVTEOCPURI-W_DIV8FLVECEBUDIFetched: 10/27/2026