16th STREET MALL VENDING

Denver Revised Municipal Code ch. 49, art. XIV, div. 6.5

in effect

Denver Revised Municipal Code § 49-538 Boundaries of the 16th Street Pedestrian and Transit Mall.

DIVISION 6.5. - 16th STREET MALL VENDING For the purposes of the whole of this division, the 16th Street Pedestrian and Transit Mall shall mean the portion of 16th Street and an area north and south of 16th Street within fifty (50) feet of 16th Street between the west curb line of Broadway, which is twenty (20) feet east of the west property line of Broadway, and the southeasterly curb line of Wewatta Street, which is sixteen (16) feet west of the east right-of-way line of Wewatta Street. (Ord. No. 112-94, § 1, 2-22-94)

Denver Revised Municipal Code § 49-538.1 Definitions.

Sec. 49-538.1. - Definitions. (1) Entertainer(s). An individual or group of individuals providing a public performance. (2) Food court. A group of two (2) or more restaurants operated in the same fixed premises with common seating and central access, where access to the premises is controlled by the property owner or his designated representative. (3) Kiosk. A small, quasi-permanent booth-like structure used for vending. (3.5) Manager. The manager of transportation and infrastructure or the manager's designee. (4) Product sampling. The free distribution of a tangible product on the 16th Street Pedestrian and Transit Mall. (5) Public seating area. A free, public amenity on the 16th Street Pedestrian and Transit Mall located in the median area. Any person may use a public seating area free of charge. (6) Pushcart. A lightweight cart that is pushed by hand and used for vending. (7) Sidewalk cafe. An extension of an existing, indoor, licensed restaurant. Persons utilizing the sidewalk cafe must be patrons of the restaurant. (8) Special event. A unique or notable happening, occasion or activity of limited duration, geographic area and purpose. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04; Ord. No. 690-09, § 1, 11-23-09; Ord. No. 39-20, § 154, 2-3-20)

Denver Revised Municipal Code § 49-538.2 Purpose.

Sec. 49-538.2. - Purpose. In order to provide for the continuing revitalization of the downtown area, including the development of social and economic activity, the city council finds and determines that a street vending program will permit enhanced use of public space, will provide a complement to the businesses operating from fixed premises, and will promote activity in the area. The primary purposes of the 16th Street Pedestrian and Transit Mall are to serve as a transit way and the central gathering place for the city's core. All activities permitted in this division should be allowed based on their ability to complement either of these purposes. (Ord. No. 112-94, § 1, 2-22-94)

Denver Revised Municipal Code § 49-538.3 Eligibility.

Sec. 49-538.3. - Eligibility. (1) The manager may issue to any person or organization a permit for a pushcart, kiosk, public seating area, sidewalk cafe, sidewalk sale, special event, entertainment or vending cluster area on the 16th Street Pedestrian and Transit Mall at a location approved by the manager. The manager has authority to promulgate rules and regulations as necessary to implement this process. (2) The manager may issue to an organization or group a daily permit allowing them to engage in product sampling. (3) Once a permit has been issued and remains in effect for a vending pushcart, kiosk, sidewalk cafe, public seating area, product sampling, or sidewalk sale at a given location, no other person or organization may be issued such a permit for the same location and time period. (4) It shall be unlawful for any person or organization to operate a pushcart, kiosk, sidewalk cafe, public seating area, sidewalk sale, entertainer, or to offer product samples or carry on the business of a peddler on the 16th Street Pedestrian and Transit Mall except as permitted in this division. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04; Ord. No. 690-09, § 1, 11-23-09)

Denver Revised Municipal Code § 49-538.4 Application for permit.

Sec. 49-538.4. - Application for permit. An application for permit under this division shall be submitted to the manager of transportation and infrastructure accompanied by a nonrefundable application fee. Applications shall include, but not be limited to, the following information: (1) The name and address of applicant; (2) Type of operation to be conducted (either pushcart, kiosk, public seating area, sidewalk cafe, entertainer, product sampling, or sidewalk sale); (3) If applicable, the type of food, beverages, services, or merchandise to be sold; (4) A description of the design, including detailed scaled drawings of the pushcart, kiosk, sidewalk cafe, or public seating area, including plan and typical side elevations, material specifications and color and material samples, and the size and location of signs; (5) A valid copy of a license issued pursuant to the provisions of chapter 23 of the Revised Municipal Code, if applicable; and (6) The location for which application for a permit is made. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 690-09, § 1, 11-23-09; Ord. No. 39-20, § 155, 2-3-20)

Denver Revised Municipal Code § 49-538.5 Review of application.

Sec. 49-538.5. - Review of application. Before issuing a permit under this division, the manager shall refer and review the permit application as provided below: (1) The application shall be referred to a mall use committee, consisting of not more than ten (10) people and at least four (4) of the people shall represent a downtown interest. The members of the mall use committee shall be appointed by the manager with the advice of the Downtown Denver Business Improvement District and shall serve at the pleasure of the manager. (2) The mall use committee shall review the application and make a recommendation to the manager regarding issuance of the permit based on a review of the following: a. Whether the proposed use, design, and location would result in congestion of the public space, particularly at corners of the 16th Street Pedestrian and Transit Mall; a.5. Whether the proposed use, except in the case of sidewalk cafes, maintains a 15-foot clearance from the property line, for corner uses; b. Whether the applicant has obtained the written comments of any adjacent property owner and any proprietor of an establishment offering comparable merchandise, whose main entrance is within one (1) level of the street, and is located within two hundred (200) feet of the proposed location. If the establishment offering comparable merchandise is within a food court, the two hundred (200) feet will be measured from the entrance of the food court. This rule shall not apply in instances where the vendor was issued a permit prior to a competitor locating within two hundred (200) feet of a vendor's location; c. Whether the proposed use would inhibit easy access to street furniture such as sign posts, lamp posts, bus stops, benches, telephone booths, planters, trash receptacles, newspaper vending devices, and public art; d. Whether the proposed design complies with required design standards and recommended design guidelines; e. Whether placement of the proposed use interferes with the safe and efficient operation of the shuttles on the 16th Street Pedestrian and Transit Mall; f. Whether the proposed use interferes with the continuing care or maintenance of the 16th Street Pedestrian and Transit Mall; and g. Whether the proposed use jeopardizes public safety or security. (3) The manager shall consider the recommendations made by the mall use committee and make a determination as to whether to issue the permit. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04; Ord. No. 490-09, § 1, 11-23-09)

Denver Revised Municipal Code § 49-538.6 Effect of disapproval.

Sec. 49-538.6. - Effect of disapproval. If the manager disapproves the application, no permit shall be issued. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04)

Denver Revised Municipal Code § 49-538.7 Requirements for issuance.

Sec. 49-538.7. - Requirements for issuance. A permit issued under this division shall be subject to the following requirements: (1) The permit shall be valid for a period of not more than twelve (12) months from and after the date of issuance, subject to temporary suspension or revocation as provided for in this division. The expiration date for each permit shall be shown on the permit, and each permit shall expire at midnight on the expiration date. Any permit holder may apply for a renewal permit in the same manner as an original application, and shall be subject to the same criteria for approval. (2) The manager shall by rules and regulations establish fees for permits and shall establish criteria for determining the amount of said fees based on: a. The type of use proposed; b. The probable impact of the proposed use on the flow of traffic and pedestrians; c. The probable impact of the proposed use on maintenance, care, and security of the proposed location. (3) Each permit shall be valid for only one (1) location per permit. (4) In addition to the permittee's name and such other information required by the manager, the permit shall contain the following: a. The period of time for which the permit was issued; b. A statement that the permit issued is personal only and is not transferable in any manner; c. The designated location; d. A statement that the permit is valid only when used at the location designated on the permit; e. The type of permit issued; f. A statement that the permit is subject to the provisions of this chapter 49. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04)

Denver Revised Municipal Code § 49-538.8 Revocation or suspension of a permit.

Sec. 49-538.8. - Revocation or suspension of a permit. (1) A permit may be revoked by the manager if the manager determines that the vending location is no longer compatible with the design of the public space or if the permittee violates any provision of this division or the rules and regulations promulgated hereunder; provided that the permittee is given notice at least ten (10) days prior to the revocation. The permittee may request a hearing as provided in section 56-106 of the Revised Municipal Code. (2) A permit may be suspended temporarily for a period of up to seventy-two (72) hours in any seven (7) consecutive day period without compliance with the notice required by section 49-538.8(1) when necessary to restrict access through the public right-of-way at the location covered by such permit. (3) A permit may be suspended temporarily for a period in excess of seventy-two (72) hours if necessary to restrict, accommodate or maintain access through the public right-of-way at the location designated on the permit during such period for private construction or public works activities or requirements in the permit location or adjacent area or in the general exercise of police or public health or safety powers; provided that the permittee shall be: a. Given notice twenty-four (24) hours prior to the temporary suspension of the intended commencement date and anticipated duration of the suspension period; and b. Entitled to apply for a temporary permit, without paying an additional permit fee, for another designated location not already otherwise subject to an existing permit issued to another. A temporary permit or operation conducted pursuant to such permit shall be subject to all the provisions of this division. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04; Ord. No. 490-09, § 1, 11-23-09)

Denver Revised Municipal Code § 49-538.9 Restrictions upon operations.

Sec. 49-538.9. - Restrictions upon operations. (1) A permittee, as authorized in a permit issued pursuant to this division may display approved food and beverages, flowers or other merchandise, or information pertaining to services provided on any approved pushcart or kiosk or may display food and beverages at an approved sidewalk cafe. (2) The manager may approve rules and regulations as to location, methods of operation, spacing, design standards and size of vending devices and any ancillary equipment. (3) The permittee shall pick up paper, cardboard, wood or plastic containers, wrappers or any similar litter which is deposited by any person within twenty-five (25) feet of the approved location designated on the permit. Permittee is also responsible for cleaning up any grease or condiments from the sidewalk or the median between the transit paths. (4) No permittee may operate in any location other than the one designated on the permit. (5) The permittee shall comply with all applicable provisions of the ordinances of the city. (6) No permittee may leave the pushcart, kiosk, or sidewalk cafe unattended. (7) No permittee may conduct business at the location designated on the permit at any time when such location is within an area for which the manager has issued a permit for a street fair, festival or similar event under article XVI of this chapter unless the holder of the latter permit furnishes permission to the permittee in writing and notifies the manager of such permission. A permittee may apply at no additional cost for a temporary alternate vending site providing such vendor returns to the original site covered in the permit after the event. (8) Each permittee shall maintain the pushcart, kiosk, sidewalk cafe or public seating area in good condition. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04; Ord. No. 690-09, § 1, 11-23-09)

Denver Revised Municipal Code § 49-538.10 Exemption from peddler's license.

Sec. 49-538.10. - Exemption from peddler's license. A permittee under this division 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 the Revised Municipal Code relating to peddler's license. (Ord. No. 112-94, § 1, 2-22-94)

Denver Revised Municipal Code § 49-538.11 Principal also liable.

Sec. 49-538.11. - Principal also liable. Any person, firm or corporation, or any officer or director thereof, who is a permittee, shall, also, be liable for the violation of any provision of this division by any employee or agent of the permittee. (Ord. No. 112-94, § 1, 2-22-94)

Denver Revised Municipal Code § 49-538.12 Vending cluster areas.

Sec. 49-538.12. - Vending cluster areas. (1) The manager may issue to any person or organization a permit for a vending cluster area for any or all of the 16th Street Pedestrian and Transit Mall. Before issuing such a permit, the manager shall refer the proposed permit to the mall use committee which shall review the request and make an advisory recommendation on the proposed location to the manager based on review of the following criteria: a. The single applicant is a political subdivision of the State of Colorado and has a vending management program; b. The vending cluster area and vending management program will further the goals and purposes of this division; c. Unified management of vending in the designated vending cluster area will not detrimentally affect the purpose of other vending activities under this division; and d. The adjacent property owner(s) have had the opportunity to provide written comments concerning the vending cluster area. (2) Any vendors operating within a vending cluster area shall be subject to the terms, conditions, and limitations of this division, except as otherwise specifically provided in this section. (3) In issuing a vending cluster area permit, the manager of transportation and infrastructure shall determine the total number and location of vending sites to be granted within the vending cluster area. The manager shall establish a fee for the vending cluster area based on the total number of vending sites and the applicant for the vending cluster area permit shall then submit the fee to the manager. (4) The vendors shall comply with all the provisions of this division, including rules and regulations promulgated hereunder, except those regarding the issuance of permits by the manager. The applicant may impose additional requirements of vendors in the vending cluster area not inconsistent with other requirements of this division. The applicant shall be solely responsible for enforcing any additional requirements so imposed. (5) The applicant shall be responsible to the manager for implementing the vendor cluster area in accordance with the terms of the permit, the rules and regulations and this section. (6) The vendors shall be responsible to the manager if they violate this section or the rules and regulations promulgated hereunder and may be directly cited by the city for any such violation. (7) No more than three (3) vending cluster areas may be permitted at any one (1) time. (Ord. No. 112-94, § 1, 2-22-94; Ord. No. 889-04, § 1, 11-29-04; Ord. No. 690-09, § 1, 11-23-09; Ord. No. 39-20, § 156, 2-3-20)

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_DIV6.516THSTMAVEFetched: 10/27/2026