Sec. 346.09. - General restrictions.
(a) Mobile retailers may only sell new, unused items.
(b) Mobile retailers may not sell counterfeit merchandise. Selling counterfeit merchandise is grounds for license revocation.
(c) Mobile retailers may not stand upon any sidewalk, street or alley for the purpose of disposing of their goods without first obtaining a use of street permit from the department of public works.
(d) No licensee has any exclusive right to any location in the public sidewalks, streets or other public property. Mobile retailers may not operate in a congested area where such operation might impede or inconvenience the public use of such streets or public ways. For the purpose of this chapter, the judgment of a police officer or license inspector, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced.
(e) It is unlawful to engage in mobile retail activity in such a manner as to:
(1) Impede the flow of pedestrian or vehicular traffic, or obstruct or hinder the view of pedestrians or motorists, on any street, alley, sidewalk or right-of-way;
(2) Create an unsafe condition or situation; or
(3) Generate litter by the licensee or the licensee's customers that is not promptly removed by the licensee.
(f) Sales activity may not take place within the travel portion of any street or alley, or upon any median thereof, while such street or alley is open to vehicular traffic.
(g) Mobile retail is prohibited within the State Capitol. Mobile retail is also prohibited at any park or parkway, building or place under the jurisdiction of the director of parks and recreation unless by the permission of said director or by some person duly authorized by the director and subject to such rules and regulations as the director shall prescribe.
(h) Mobile retailers may not operate within two thousand (2,000) feet of any area for which a block party or community festival permit has been issued except when the licensee has obtained written permission from the organizers of the event.
(i) Mobile retailers may not operate within one hundred (100) feet of an entrance to any place holding an event for which admission is charged within three (3) hours of that event except when the licensee has obtained written permission from the organizers of the event.
(j) Mobile retailers must comply with applicable zoning and parking regulations.
(k) Any single mobile retail vehicle or operation must not occupy more than two (2) parking spaces.
(l) All vehicles must provide a safe entrance and exit for pedestrians.
(m) Mobile retailers may not use any amplified or speaker which projects sound from the vehicle with a volume of more than one watt, without a broadcasting vehicle license.
(n) In addition to the restrictions stated in subsection (a) of this section, additional conditions may be placed on the license in accordance with section 310.06(c) of the Legislative Code.
(Ord 13-30, § 1, 5-22-13)