6-4-40 Vending on public property | Telluride Municipal Code

Sec. 6-4-40. Vending on public property.

(a) Permit required. It shall be unlawful for any person to engage in vending activity on public property without a permit or without compliance with the provisions of this Article.

(b) Application required. An application for a vending permit, including a scaled drawing of the proposed display apparatus and proposed signage, shall be submitted to the Town Clerk by published deadlines. Deadlines will not be less than two (2) months preceding the next season. The application shall be in a form prescribed by the Town Clerk and shall be for a specific vending site. The Town Clerk shall forward applications to the Vending Subcommittee in a timely manner, after determining that the application, including fees and evidence of insurance, is complete. The Vending Subcommittee shall approve one application for each available site prior to the commencement of vending activity.

i. Late applications. Late applications may be considered at the discretion of the Vending Subcommittee by written request from the applicant including an explanation for the late filing, and with a $40.00 late application fee.

(c) Indemnification and liability insurance required. As a permit condition, persons engaging in vending activity shall agree to indemnify and hold harmless the Town, its officers, employees and agents against any and all claims for damage to persons or property arising out of or resulting from the permittee’s actions or omissions in the permitted use. Vendors shall also maintain comprehensive general public liability and property damage insurance in amounts no less than one million dollars ($1,000,000.00) per person and two million dollars ($2,000,000.00) per incident. Insurance policies shall name the Town, its officers, employees and agents as additional insureds and shall provide that the insurance is primary and that no other insurance maintained by the Town will be called upon to contribute to a loss covered by the policy. The policy shall further provide written notice to the Town prior to cancellation or material change. Evidence of such insurance is required prior to permit issuance.

i. Applicants shall obtain all required agreements, permits, licenses and approvals from all applicable governmental entities before a vending permit is issued, including but not limited to: (a) a Vending Agreement with the Town for use of public rights-of-way and other public property; (b) a Colorado sales tax license; (c) a Town business license; (d) a Town sales tax license; (e) a Town excise tax license; (f) a “Mobile Retail Food Establishment License” issued by the State of Colorado, if applicable; and (g) inspection and approval of the display apparatus and site setup from the Town Clerk. Vendors must be current with the Colorado and Town sales taxes and Town excise tax prior to the issuance of a permit. Thereafter, timely payment of taxes is required to maintain a permit.

ii. The vendor shall prominently display all required permits and licenses on the vending apparatus or, if no such apparatus is used, shall make such permits available upon reasonable request by any member of the public or official of the Town.

(e) Nontransferable. The vending permit is not transferable or assignable.

(f) Noninterference. No person engaged in vending activity shall make any unnecessary sounds or noise, obstruct any sidewalk or other public property, disturb or impede other persons or otherwise author any public nuisance. The use of radios, stereos and tape decks in connection with any vending activity is prohibited.

i. Display apparatus, if used, must be no larger than three (3) feet in width, five (5) feet in length and seven (7) feet in height, excluding umbrellas and other similar devices. Slight variations may be approved at the discretion of the Vending Subcommittee. The use of tents is prohibited. All accoutrements must be contained in a five (5) foot by eight (8) foot area. Accoutrements must be necessary to the business, must be orderly, and must not be potential safety hazards.

ii. All display apparatus shall be removed from public property at the end of each working day except in extraordinary circumstances and with prior written notification to the Town. Dogs may not be hitched to the display apparatus.

iii. Signage shall be painted on or attached to the display apparatus, and a drawing to scale of the proposed signage shall be included in the application. Signs on display apparatus shall not exceed coverage of fifty percent (50%) of the front of the apparatus and fifty percent (50%) of each side of the apparatus and shall not appear on umbrellas or other similar devices that extend above the display apparatus.

iv. The use of gas powered generators is prohibited. Noiseless alternative energy generators will be considered.

i. A vendor shall maintain both the permitted area, the immediate area surrounding the permitted area and the display apparatus in a neat, clean and hazard-free condition. Applicants must provide a written plan for disposal of trash generated by the business or pay, in advance, a Town trash fee of forty dollars ($40.00) per month for pick-up of trash from nearby public containers.

ii. Spruce Street vendors are reminded that the mall is multi-use and must be available for general public use. Public picnic tables and public benches may not be used as display apparatus.

The North Spruce Street Mall area is available for vending activities providing that the maximum footprint for vending is limited to no more than two hundred fifty (250) square feet including all tables, boxes, displays, etc. The vending area is to be set back at least fifteen (15) feet from the Colorado Avenue sidewalk, five (5) feet from the sidewalk east of the park, and shall not extend beyond the tree line to the west. Applications must include a scaled diagram of how the space is to be used and vendors must set up pursuant to the submitted and approved diagram. Spruce Street vendors are allowed one (1) ten (10) foot by ten (10) foot, two (2) ten (10) foot by ten (10) foot, or one (1) ten (10) foot by fifteen (15) foot “EZ UP” type awning to protect produce from the sun.

(i) Fees. The required application fee shall be submitted with the application. All permit fees shall be paid before commencement of the vending activity.

(j) Choice of vendors. Sites will be approved and assigned at the discretion of the Vending Subcommittee. Applicants returning for consecutive summer and/or winter seasons will be given priority unless determined to be noncompliant by the Vending Subcommittee with either the provisions of the Telluride Municipal Code, this Article, or any agreements between the Town and vendor as to previously permitted vending activities. The Vending Subcommittee will consider, but not be limited to, the below criteria in determining which applicants shall be issued any remaining permits. Criteria are not weighted or prioritized and include, but are not limited to:

i. Diversity (in Town and by vendors) of offered food, goods, wares, merchandise or services;

ii. Town of Telluride vending history, including any applicable compliance and performance reviews previously conducted by the Vending Subcommittee during seasonal debriefs specific to the legal entity applying for the permit; and

iii. Appearance, quality, safety and attractiveness of the display apparatus and related accoutrements.

i. During summer season (May 15 through October 14), a vendor who does not participate in a vending activity for four (4) out of seven (7) days (Sunday to Saturday), weather permitting, from the Friday prior to Memorial Day through the Sunday of the last Minor Festival as defined in Chapter 11, Article 4 of this code, will be considered to have surrendered and abandoned his or her permit, except that vendors are allowed fourteen (14) vacation days to be taken at the vendor’s discretion. Vendors should adhere to intended hours of operation indicated in the application.

Prior written notification to and approval by the Town Clerk of allowed vacation days and extraordinary circumstances is required if the minimum vending days cannot be met.

ii. During winter season (October 15 through May 14) a vendor who does not participate in vending activity for two (2) out of seven (7) days (Sunday to Saturday), weather permitting, from December 20 through the official closure of the ski area will be considered to have surrendered and abandoned his or her permit, except that vendors are allowed five (5) vacation days to be taken at the vendor’s discretion. Vendors should adhere to intended hours of operation indicated in the application.

Prior written notification and approval by the Town Clerk of allowed vacation days and extraordinary circumstances is required if the minimum vending days cannot be met.

iii. From October 15 through December 19 and from the day following official closure of the ski area through May 14, permittees are not required to vend.

iv. A vendor, after receiving a permit, may begin to vend earlier than the season start time if a site is vacant.

v. When a space has been abandoned, the Town shall have the right to reassign vacated spaces to another applicant.

(l) Modifications. The Town Clerk may approve insubstantial modifications to this Section as long as the intent of this Article is met. The Town Clerk may adopt additional rules and regulations for administering all permits, and all applicants shall comply with said requirements. Vendors will be notified in writing of changes to rules and regulations prior to implementation.

(2) Vending areas, allowed uses, application fees and permit fees. The Town occasionally authorizes activities or special events that may impact specific sites. Vendors will be notified prior to events and alternative sites will be offered by the Town to vendors during these events/activities.

i. Permits allowed. Four (4).