SIDEWALK AND OPEN-AIR VENDORS

Henderson Municipal Code tit. 4, ch. 4.75

in effect

Henderson Municipal Code § 4.75.010 Definitions.

4.75.010 - Definitions. Whenever used in this chapter, the following words must have the meanings ascribed in this section, unless the context clearly indicates a different meaning: Applicant shall have the same meaning as set forth in chapter 4.04, as may be amended. Conveyance means, without limitation, a pushcart, stand, display, pedal driven cart, wagon, showcase, or rack that is used by a sidewalk vendor for purposes of selling food or beverages. Entertainment district means a contiguous area zoned/customarily used for commercial purposes that contains a combination of restaurants, bars, entertainment establishments, music venues, theaters, art galleries, dance studios, or sports stadiums. Food means any substance whether processed, semi-processed or raw, which is intended for human consumption and includes non-alcoholic drinks. Food establishment means a city-licensed establishment that operates in the capacity of a restaurant or has an alcoholic beverage license that includes the operation of a restaurant or tavern. Health district means the Southern Nevada Health District. Nonstationary sidewalk vendor means a sidewalk vendor utilizing a mobile conveyance such as a pushcart, pedal-driven cart, or wagon. Open-air vendor means a vendor that operates on private commercial property and who sells food from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase, or rack, as otherwise defined or amended by NRS Chapter 268. Religious assembly means a religious institution, place of worship, and/or similar facilities for religious worship and incidental religious functions and education, but not including schools as defined by title 19. Sidewalk vendor means a person who sells food upon a public sidewalk or other pedestrian path from a conveyance, including, without limitation, a pushcart, stand, display, pedal-driven cart, wagon, showcase, or rack, as otherwise defined or amended by NRS Chapter 268. The term includes, without limitation, a nonstationary sidewalk vendor and a stationary sidewalk vendor. Stationary sidewalk vendor means a sidewalk vendor utilizing a nonmobile conveyance such as a stand, display, showcase, or rack. Vend means to sell or offer to sell food products from a vending conveyance as either a nonstationary sidewalk vendor or open-air food vendor. Water Street entertainment district is an entertainment district and means the area of Water Street bordered by Ocean Street to the South and Lake Mead Parkway to the North, including Purple Heart Street, Market Street and West Army Street between Water Street and Market Street. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.020 Statement of purpose and intent.

4.75.020 - Statement of purpose and intent. It is found and declared that the public health, safety, good order, and general welfare of the residents of the city require the regulation and control of all sidewalk vendors operating in the city. All sidewalk vendors shall be licensed and regulated so as to protect the public health, safety, good order, and general welfare of the residents of the city. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.030 License requirement and fee.

4.75.030 - License requirement and fee. It shall be unlawful to operate, conduct, carry on, or maintain any sidewalk vendor business, as described in this chapter, without first having obtained and thereafter maintaining the license as herein required. Each sidewalk vendor shall pay an annual license fee of $150.00. The application fee in section 4.04.065 shall not be required. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.040 License application.

4.75.040 - License application. Every person required to obtain a license pursuant to this chapter shall file, with the division, an application, on a form to be furnished by the division, providing, without limitation, the following information: 1. The name, mailing address, and telephone number of the applicant; 2. A brief description of the business or activity to be conducted including, without limitation: A. A description of the products the applicant intends to sell; B. The number and type of conveyance(s) that will be utilized pursuant to the license, and a drawing or photograph identifying the height, width, and length of each conveyance; 3. If employed, contracted, or otherwise engaged by another individual, company, partnership, or corporation to engage in the activities regulated in this chapter, the name, address and telephone number of the principal office of such individual, company, partnership, or corporation; 4. A certification by the sidewalk vendor that, to the best of the applicant's knowledge and belief, the information submitted to the division is true; and 5. All licenses, permits, or evidence of compliance required by applicable laws or regulations of a state or local agency, including without limitation, a state business license, a health district permit, etc. as may be applicable. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.045 Licensee's agreement to conform to law.

4.75.045 - Licensee's agreement to conform to law. Acceptance of a license under this chapter constitutes an agreement on the part of such licensee to be bound by all of the regulations of the city as the same now are, or may hereafter be amended or promulgated. It is the sole responsibility of the licensee to keep himself informed of the content of all such rules and regulations, and ignorance thereof will not excuse violations. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.050 Display of license and equipment requirements.

4.75.050 - Display of license and equipment requirements. 1. Each sidewalk vendor licensed in the city shall keep the license in their possession at all times while the licensee is operating in the city, and shall allow inspection of the license and health district permit upon request by any compliance agent, code enforcement officer, police officer or other compliance personnel of the city, state, or county regulatory agencies, including the health district. 2. Each conveyance shall prominently display any sidewalk vendor decal issued under a multi-jurisdictional business license issued by a neighboring jurisdiction, if applicable. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.055 General liability insurance required.

4.75.055 - General liability insurance required. Each sidewalk vendor as defined by this chapter shall file with the division and thereafter maintain a general liability insurance policy issued by an insurance company authorized to do business in the State of Nevada in accordance with applicable sections of NRS Title 57. The general liability insurance policy shall name the City of Henderson as an additional insured and the certificate of insurance must be made available upon request of the division. The policy limits of each insurance policy shall not be less than: 1. For bodily injury or the death of one person in any one accident, $250,000.00; 2. Subject to the limitations of paragraph 1., for bodily injury to or death of two or more persons in any one accident, $500,000.00; and 3. For injury to or destruction of property in any one accident, $50,000.00. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.060 Operating regulations—Nonstationary sidewalk vendors—Residential.

4.75.060 - Operating regulations—Nonstationary sidewalk vendors—Residential. 1. Sidewalk vendors are subject to the following requirements: A. Maintain sanitary conditions and comply with all applicable health district regulations and permit requirements including but not limited to cleanliness and food safety standards; B. Sidewalk vendors may only vend items authorized by a valid health district permit as applicable; C. Ensure that the conveyance and vending area are free from trash, debris, rubbish, refuse, or waste. Including but not limited to trash created by the vendor's customers and drips and spills of liquid waste from the conveyance; D. A sidewalk vendor must comply with the requirements of the Americans with Disabilities Act of 1974 (ADA), as amended, including requirements related to clear paths of travel. A sidewalk vendor may not operate in a manner that will impede pedestrian traffic or other normal use of the public sidewalk or pedestrian path, or otherwise hinder accessibility or otherwise operate: a. Within 25 feet of any ADA sidewalk access point; or b. From a public sidewalk or pathway if such operations do not allow for a clear path of travel of at least 36 inches. 2. A sidewalk vendor shall not: A. Lease, rent, loan, or otherwise hire a conveyance to another for use as a sidewalk vendor in the city. Each sidewalk vendor operating from a conveyance in the city shall be a licensee under this chapter, or the direct employee of such licensee; B. Enter on private property, knock on doors, ring any bells, or otherwise disturb persons in their residences between the hours of 9:00 p.m. and 8:00 a.m. This section shall not apply when the sidewalk vendor has been specifically invited by the owner, resident, occupant, or person legally in charge of the premises; C. Have any exclusive right to operate from any location upon public sidewalks, pathways, or alleys; D. Utilize temporary signs except for menu boards located on or adjacent to the conveyance. Illuminated signs are prohibited; E. Operate from any public street, including marked or unmarked crosswalks or in any manner that may impede or interfere with the orderly flow of traffic on the street; F. Ring bells, play chimes, play an amplified musical system, or make any other noise to attract attention to its business while operating within city limits; or G. Provide tables or seating areas for customers. 3. Limitations on locations of operation from the property line of the protected use. A sidewalk vendor shall not operate: A. Within 1,500 feet of: a. A resort hotel defined in NRS 463.01865; or b. A professional sports event facility with a seating capacity for 5,000 people. B. Within 500 feet of: a. An entertainment district, including the Water Street entertainment district, unless otherwise permitted under a special event permit issued by the city; b. Any city park, community center, recreational facility, trail, or convention center, unless otherwise permitted under a special event permit issued by the city; c. A childcare facility in commercially zoned areas during operating hours; d. A polling place during election operations; e. Religious assembly or place of worship during operating hours; f. In the immediate vicinity of a farmer's market during operating hours; or g. In the immediate vicinity of an area designated for a temporary special event throughout the duration of the temporary special event. C. Within 150 feet of or immediately adjacent to: a. A licensed food establishment during the hours the establishment is open for business, unless the vendor is operating as part of a special event approved by the city; b. A nonrestricted gaming establishment as defined in subsection 1 or 2 of NRS 463.0177; c. A privately funded community center or recreational facility, including facilities that offer youth sports; d. A school (public, private, charter, etc.) during the hours the school is in session and the 30-minute period before sessions begin and after sessions end; or e. Any public safety stations or substations (police and fire). 4. Stationary sidewalk vendors are prohibited from operating in residential areas. 5. Sidewalk vendors shall not operate from any single location for more than 30 minutes, unless: A. The sidewalk vendor is operating under a special event permit issued by the city to the vendor; B. The sidewalk vendor is operating at a temporary special event pursuant to a prior arrangement made with the event holder (and the event holder has a valid special event permit); or C. The sidewalk vendor is operating on private property when specifically invited by the owner, resident, occupant, or person legally in charge of the premises, and subject to the provisions of section 4.75.065. 6. Exemptions. A. The following persons are exempt from the location restrictions: a. The location restrictions set forth in subsection 4.75.060(3) shall not apply to nonstationary sidewalk vendors operating in areas zoned exclusively for residential use, unless the area is on a public sidewalk or pedestrian path that is immediately adjacent to (visible from) the restricted location. b. Persons operating on private property pursuant to section 4.75.065. B. This chapter does not apply to charitable solicitations conducted in compliance with the provisions of chapter 4.12. 7. A map of the areas where a person may engage in the act of sidewalk vending in the city may be viewed on the city's internet website. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.065 Operating regulations—Open-air vendors—Private property.

4.75.065 - Operating regulations—Open-air vendors—Private property. 1. Open-air vendors are subject to the following requirements: A. Maintain sanitary conditions and comply with all requirements applicable to sidewalk vendors set forth in subsections 1 and 2 of 4.75.060; B. Open air vendors may only vend items authorized by a valid health district permit; C. May only operate on private commercial property with written permission of the property owner or responsible party for the property or from the immediately adjacent business. The written permission required by this subsection must be available for inspection; and D. Must comply with the requirements of the Americans with Disabilities Act of 1974, as amended, including requirements related to clear paths of travel. 2. Open-air vendor shall not: A. Block entrances and exits to existing commercial businesses on the property; B. Operate within 150 feet of a licensed food establishment or another open-air vendor; C. Sell merchandise; or D. Operate during hours in which the business granting permission to the property is not operating or from 12:00 a.m. to 7:00 a.m., whichever is more restrictive. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.070 Transfer prohibited.

4.75.070 - Transfer prohibited. No sidewalk vendor license issued or renewed under the provisions of this chapter may be transferred or assigned. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.090 Licensee responsible for acts of employees and agents.

4.75.090 - Licensee responsible for acts of employees and agents. Any person or entity who employs, contracts, or otherwise engages another to conduct sidewalk vendor activities, is responsible for the acts or omissions of his employees or agents committed during the course of employment or performance of activities governed by this chapter. In any suspension, limitation, or revocation proceeding, the fact that the distributing service or person who employed, contracted, or engaged another did not have actual knowledge of the violation shall be no defense. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.100 Electrical cords, chains, wires, or hoses.

4.75.100 - Electrical cords, chains, wires, or hoses. Except as otherwise expressly allowed by state law or city code, electrical cords, chains, wires, or hoses shall not be strung across or along public sidewalks or public pedestrian easements, nor may electrical generators or batteries be placed upon such sidewalks or easements in the restricted area. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.110 License does not provide defense for noncompliance with other laws.

4.75.110 - License does not provide defense for noncompliance with other laws. 1. The provisions of this chapter and the statutory provisions related to sidewalk vendors set for in NRS Chapter 268 shall not be construed to: A. Exempt a person from complying with any state or local law or regulation; or B. Provide a defense to any criminal charge unrelated to the act of sidewalk vending. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.140 Enforcement authority and disciplinary action.

4.75.140 - Enforcement authority and disciplinary action. 1. The director, agents, or officers of the division, code enforcement, the police department, or any state or county regulatory agency shall be entitled to enforce the provisions of this chapter and impose disciplinary action as set forth in this section: A. Civil penalties. Any activity by a sidewalk vendor licensed under this chapter that violates any provisions of this chapter, state law, or other governmental regulation applicable to sidewalk vendors is grounds for disciplinary action including, but not limited to, notices of violation of this chapter, civil penalties of $100.00 to $500.00 for each violation for each day the violation occurs or continues, notices of correction, stop work orders, or the suspension or revocation of licenses pursuant to chapter 4.06. a. Pursuant to NRS 446.883, a city license issued under this chapter shall be automatically revoked in the event the sidewalk vendor's permit is revoked by the health district, and no new license may be issued until such person again possesses an unrevoked (valid) permit from the health district. b. If any meat, seafood, poultry, vegetable, fruit, or other perishable articles which are unsound, or contain any filthy, decomposed or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe is found, the same having been declared to be a nuisance, agents may condemn or destroy the same, or in any other manner render the same unsalable as human food. B. Criminal penalties. The persons identified in subsection A of this section, and otherwise authorized by law, shall also have the authority to issue misdemeanor citations to enforce the following: a. Vending within 1,500 feet of a resort hotel per subsection 4.75.055(1)(a), a conviction under this subjection does not constitute a crime of moral turpitude; or b. A violation of any state or local law otherwise punishable by misdemeanor citation, if the violation is otherwise unrelated to the sidewalk vendor provisions set forth in this chapter or NRS Chapter 268, including any legal prohibition on unlicensed business activities. (Ord. No. 4033, § 1, 6-18-2024)

Henderson Municipal Code § 4.75.150 Enforcement—Appeal rights.

4.75.150 - Enforcement—Appeal rights. Appeal rights for civil penalties issued under this chapter are the same as those set forth in chapter 4.07. (Ord. No. 4033, § 1, 6-18-2024)

Source: City of Henderson, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/henderson/codes/code_of_ordinances?nodeId=TIT4BURELI_CH4.75SIOPRVEFetched: 11/1/2026