6-4-50 Vending on private property | Telluride Municipal Code

Sec. 6-4-50. Vending on private property.

(1) Permit and owner authorization required. It is unlawful for any person to engage in vending activity on private property without a permit and the written permission of the legal owner of the property.

(a) 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 for approval or disapproval prior to commencing vending activity. The application shall be in a form prescribed by the Town Clerk.

(b) The Town Clerk may approve the application only after determining that:

i. The application, including fees and insurance evidence, is complete;

ii. The written permission of the legal owner of the proposed vending site has been obtained;

iii. The proposed vending activity is consistent with the purposes and requirements of this Article;

iv. The vending activity is consistent with the permitted uses in the zone district regulations of the Town;

v. The applicant has the ability to comply with the requirements of this Article and any necessary permit conditions;

vi. Applicable rules and regulations for permit administration have been met; and

vii. The Vending Subcommittee has approved the display apparatus.

(3) The Town Clerk may adopt additional rules and regulations for accepting, reviewing and administering all permits, and all applicants shall comply with said requirements.

(4) 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 maintain comprehensive general public liability and property damage insurance. General vendors shall provide coverage limits not less 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 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.

(a) All applicants shall obtain required building or other permits or licenses from all applicable governmental entities before a permit is issued, including but not limited to a Colorado sales tax license, a Town business license, Town sales tax license, Town excise tax license and, if applicable, a State of Colorado issued Mobile Retail Food Establishment License. Vendors must be current with Colorado and Town sales taxes and Town excise taxes prior to the issuance of a permit. Thereafter, timely payment is required to maintain a permit.

(b) 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 official of the Town.

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

(7) Noninterference. No person engaged in vending activity shall make any unnecessary sounds or noises, obstruct any sidewalk or other public property, disturb or impede other persons or otherwise author any public nuisance.

(8) Signage. Signage shall be painted on or attached to the display apparatus, and a drawing to scale of the proposed signage must be included in the application. Signs shall not exceed a total of eight (8) square feet. Signs shall not be lit.

(9) Restrooms accessible. Those vending activities that include food service and provisions for seating of patrons shall provide accessible restrooms within the immediate area that meet the specifications of the San Miguel County Environmental Health Department.

(10) Area maintenance. 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 show proof of their ability to provide for disposal of trash generated by their business or, at the discretion of the Town Clerk, pay a Town trash fee of forty dollars ($40.00) per month for pick-up of trash from nearby public containers.

(11) Review. Permits issued for vending on private property will be reviewed at the end of each season for compliance with permit requirements.

(12) Fees. There is a forty dollar ($40.00) application fee.

(13) The Town Clerk may approve insubstantial modifications to this Section if the intent of the Article is met.

(14) The use of gas powered generators is prohibited. Noiseless alternative energy generators will be considered.

(15) Long-term and short-term vending. Vendors on private property shall be either short-term or long-term vendors as defined in Section 6-4-20 above. All vendors shall comply with applicable rules and regulations.

(16) Long-term vending. Long-term vending permit holders on private property are subject to the provisions set forth in Sections 6-4-50(1) through 6-4-50(15) of this Article.

(a) Display apparatus. Display apparatus on private property must be no larger than seven (7) feet in width, sixteen (16) feet in length and nine (9) feet in height.

(b) Staff Vending Committee. The Town Clerk and the Planning Director shall review proposed display apparatus and its site for appropriateness with respect to the character of the neighborhood. Display apparatus shall be reviewed for appropriateness based on the following criteria:

i. Compatibility with the character of the surrounding area.

ii. Orientation and siting with respect to impact on adjacent properties and public ways.

iii. Landscaping, including but not limited to surface materials, plants, benches, tables and trash receptacles.

iv. Compatibility of apparatus materials, finishes and colors with surrounding area.

v. Design, size and placement of signage.

vi. Appropriateness of lighting.

vii. Size and placement of flags, awnings and banners.

(c) Public notice. The applicant shall post the property with signage provided by the Town Clerk, at least ten (10) days prior to any permit being issued. A public hearing must be held if remonstrances are received during the 10 day posting period.

(d) Location. Long-term vending on private property is allowed in the Historic Commercial and Commercial Zone Districts as depicted on the Long-Term Private Property Vending Map.

(17) Short-term vending. Short-term vending permit holders on private property are subject to the provisions set forth in Sections 6-4-50(1) through 6-4-50(15) of this Article.

(a) Display apparatus. Display apparatus on private property must be no larger than seven (7) feet in width, sixteen (16) feet in length and nine (9) feet in height. The maximum size includes flags, awnings, banners and signage.

(b) Tents. Use of a tent as a display apparatus is permitted for short-term vending use. Tents shall be no larger than ten (10) feet in width, ten (10) feet in length and fifteen (15) feet in height. No vendor, agent, affiliate, parent or subsidiary thereof shall erect more than one (1) tent per event or one (1) tent per lot or contiguous lots.

(c) Location. Short-term vending is allowed in areas where commercial uses are allowed by zoning. (Prior code 5.12.050; Ord. 1252 §1, 2006; Ord. 1288, 2008; Ord. 1416, 2014; Ord. 1447, 2017; Ord. 1528 §1 (Exh. A), 2021)