VENDING DEVICES

Denver Revised Municipal Code ch. 49, art. XIV, div. 7

in effect

Denver Revised Municipal Code § 49-539 Eligibility.

Sec. 49-539. - Eligibility. The manager of transportation and infrastructure may issue to any person a permit to occupy the public right-of-way outside of the roadway for the purpose of placing a pushcart or other vending device at a location approved by the manager and selling therefrom food, beverages, food products, including ice cream, frozen milk, frozen dairy or ice confection products; merchandise, including handcrafted goods and objects, souvenir items, or printed media, but specifically excluding flowers; or services, including portrait sketching or silhouettes; provided however, once a permit has been issued and remains in effect for a pushcart or other vending device at a given location, no other person may be issued such a permit for the same location. (Ord. No. 163-80, § 1(331A.10-1), 4-14-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 39-20, § 157, 2-3-20)

Denver Revised Municipal Code § 49-540 Application for permit.

Sec. 49-540. - Application for permit. An application for a permit under this division 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 and shall include the following information: (1) Name and address of the applicant; (2) Description of type of food and beverages, merchandise or services to be sold; (3) A valid copy of any required license issued pursuant to the provisions of this Code; (4) A description of the pushcart or other vending device to be used; (5) The location for which application for a permit is made; provided, that such location shall not be within two hundred (200) feet of a private establishment offering comparable goods or services located in a fixed premises with a direct entrance on the sidewalk; except as may be permitted under the provisions of section 49-541. The distance from a comparable establishment shall be measured along a continuous sidewalk but not crossing any street. (Ord. No. 163-80, § 1(331A.10-2), 4-14-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 39-20, § 158, 2-3-20)

Denver Revised Municipal Code § 49-541 Review and inspection.

Sec. 49-541. - Review and inspection. Before issuing a permit under this division, the manager of transportation and infrastructure 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 pushcart or other vending device to be used, based on standards established by the planning office. (2) The manager of transportation and infrastructure 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 either the owner of the property adjacent to the location, or the lessee or tenant of the ground level of the property adjacent to the location; whether or not the applicant has obtained the written consent of the proprietor of a private establishment offering comparable goods or services within two hundred (200) feet of the 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. 241-80, § 1(331A.10-3), 5-12-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 39-20, § 159, 2-3-20)

Denver Revised Municipal Code § 49-542 Effect of disapproval.

Sec. 49-542. - Effect of disapproval. If the planning office disapproves the design of the pushcart or other vending device, or if the manager of transportation and infrastructure disapproves the location proposed to be used as provided in section 49-541, no permit shall be issued. (Ord. No. 163-80, § 1(331A.10-4), 4-14-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 39-20, § 160, 2-3-20)

Denver Revised Municipal Code § 49-543 No permit for certain locations.

Sec. 49-543. - No permit for certain locations. No permit shall be issued under this division 7 for any of the following locations: (1) Within any zone district other than the following: B-2, B-3, B-4, B-5, B-7, B-8, B-A-2, B-A-3, and B-A-4; (2) Within one thousand (1,000) feet of the property line of any public or private, elementary or secondary school; (3) Within the area which is covered under the provisions of division 6.5, "16th Street Mall Vending," of article XIV of this chapter 49. (Ord. No. 163-80, § 1(331A.10-5), 4-14-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 111-88, § 5, 3-7-88)

Denver Revised Municipal Code § 49-544 Requirements for issuance.

Sec. 49-544. - Requirements for issuance. A permit may be issued under this division, subject to the following requirements: (1) The permit shall be valid for a maximum of twelve (12) months from and after the date of issuance, and may be revoked for cause. (2) The annual fee for a permit issued under this division 7 shall be one hundred sixty-five dollars ($165.00). 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 each year beginning in 1986. (3) Reserved. (4) 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. (5) Each permit shall be valid for not more than one (1) location. (6) 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 this article. (7) It shall be unlawful for any owner, part owner, shareholder or person interested directly or indirectly in any permit issued pursuant to this division to conduct, own either in whole or in part, or be directly or indirectly interested in more than two (2) permits issued pursuant to this division. (Ord. No. 163-80, § 1(331A.10-6), 4-14-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 338-85, § 1, 6-24-85; Ord. No. 661-12, § 4, 12-26-12; Ord. No. 39-20, § 161, 2-3-20)

Denver Revised Municipal Code § 49-545 Restrictions.

Sec. 49-545. - Restrictions. A person to whom a permit has been issued hereunder, and whose permit is valid, may transport to an approved location and may display goods or demonstrate services utilizing an approved pushcart or other vending device; provided: (1) That the pushcart or other vending device shall occupy an area no longer than sixteen (16) square feet, and shall not exceed three (3) feet in width, excluding wheels; nor six (6) feet in length, including any handle; 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 section; 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 container, wrappers or any similar litter which is deposited 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 pushcart or other vending device so that the remaining unobstructed width of a public sidewalk in the central business district, as the same is defined in article XII of chapter 54, is not less than ten (10) feet; or so that the remaining width of a public sidewalk elsewhere in the city is not less than five (5) feet; (5) That the permittee shall not locate a pushcart or other vending device on a public sidewalk within eight (8) feet of an adjacent building or property line; (6) That the permittee shall not locate a pushcart or other vending device on a public sidewalk within the boundaries of a crosswalk; (7) That the permittee shall not locate a pushcart or other vending device within ten (10) feet of the extension of any building entranceway 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 pushcart or other vending device that is 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 pushcart or other vending device at a location other than that designated on the permit; (11) That the permittee shall comply with all applicable provisions of the fire code, building code and this Code, including, but not limited to, the provisions of article XVI of this chapter relating to street sales; and section 39-7, prohibiting huckstering in parks; (12) That the permittee shall not leave his/her pushcart or other vending device unattended on a public right-of-way or at the location designated on his/her permit; (13) That the permittee shall not conduct the business for which his/her 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 of this chapter; unless, the holder of the latter permit furnishes permission in writing. (Ord. No. 163-80, § 1(331A.10-7), 4-14-80; Ord. No. 195-85, § 1, 4-8-85; Ord. No. 39-20, § 162, 2-3-20)

Denver Revised Municipal Code § 49-546 Exemption from peddler's license.

Sec. 49-546. - 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, relating to peddler's licenses. (Ord. No. 163-80, § 1(331A.10-8), 4-14-80; Ord. No. 195-85, § 1, 4-8-85)

Denver Revised Municipal Code § 49-547 Not applicable to mobile pushcarts.

Sec. 49-547. - Not applicable to mobile pushcarts. The provisions of this division shall not apply to vending from pushcarts that are moved from place to place, which is subject to the provisions of article XII of chapter 54 on mobile food vendors and article II of chapter 47 on peddlers. (Ord. No. 163-80, § 1(331A.10-9), 4-14-80; Ord. No. 195-85, § 1, 4-8-85)

Denver Revised Municipal Code § 49-548 Principal also liable.

Sec. 49-548. - Principal also liable. Any person 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. 163-80, § 1(331A.10-10), 4-14-80; Ord. No. 195-85, § 1, 4-8-85)

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_DIV7VEDEFetched: 10/27/2026