Ordinance and Rules Committee

CITY OF CHARLESTON WEST VIRGINIA Council Member – Ward 20 Chad Robinson Ordinance and Rules Committee, Chair 793 Lower Donnally Rd. Parks and Recreation Committee Charleston, WV 25304 Finance Committee 304- 389-7373 Parking Facilities Committee chad.robinson@cityofcharleston. org A meeting of the Council Committee on Ordinance & Rules will be held on Tuesday, February 20, 2024 at 6:00 PM. To be held in person AV ROOM #308, CITY HALL Agenda APPROVAL OF PREVIOUS MINUTES 1. 12-18-2023 BILLS 1. Bill No. 8028 – A BILL to amend the Municipal Code of the City of Charleston relating to updating the regulation of vendors. ADJOURN CR/ns *Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com Page | 1 of  MINUTES ORDINANCE AND RULES COMMITTEE MEETING 5:00 P. M., DECEMBER 18, 2023 THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL. Chad Robinson, Chairperson, called the meeting of the Charleston City Council Committee on Ordinance and Rules to order at 5:00 p.m., October 2, 2023. Committee Members Present: Chad Robinson, Chair Patrick Salango, Vice Chair Frank Annie Becky Ceperley Joseph Jenkins (arrived at 5:02) Emmett Pepper Absent: Sam Minardi Councilmembers also Present: Mary Beth Hoover 1. Approval of Previous Minutes – Councilmember Ceperley motioned to approve the previous minutes from 10-2-2023. Councilmember Annie seconded the motion. With those being present having voted unanimously in the affirmative, the Chair declared the minutes as approved as amended. Page | 2 of  2. Resolution No. 911-23 - Declaring that the City of Charleston, City Administration, its City Council, its various Boards and Commissions, and the citizens and businesses of the City of Charleston will strive to utilize native plant species, minimize pesticide usage, operate bird-safe buildings, and seek opportunities to protect the habitats of species of the greatest conservation need as designated by the West Virginia Division of Natural Resources. – Councilmember Pepper added that the resolution sets goals that are not binding. The CLRA has identified properties that are adjacent to existing parks, which they have purchased (such as with Danner Meadow). He realized that there wasn’t any sort of guidance as to how to identify park spaces in the future, how to determine if a land is best for a park, etc. Additionally, the City should not be doing anything that would contribute to the extinction of any species. The resolution sets a goal that 75% of all residents are within a half mile walk of a park. The City is currently at approximately 52%. The resolution also sets a goal to set aside 5% of land for parks, 3% natural. Councilmember Ceperley spoke in favor of the resolution. Councilmember Ceperley moved to approve Resolution No. 911-23. Councilmember Annie seconded. With those being present having voted unanimously in the affirmative, the Chair declared Resolution No. 911-23 as approved. 3. Bill No. 7991 Committee Substitute - A BILL to amend sections of the Municipal Code relating to city agencies and boards adopting wellbeing and conservation goals for the city.– Councilmember Pepper added that the bill had previously been approved by the Parks and Recreation Committee. Councilmember Pepper added that the Comprehensive Plan applies to all City agencies, and the bill makes that clear in the City Code. Councilmember Ceperley moved to approve Bill No. 7991 Committee Substitute. Councilmember Annie seconded. With those being present having voted unanimously in the affirmative, the Chair declared Bill No. Bill No. 7991 Committee Substitute as approved. Councilmember Annie motioned to adjourn the meeting. Meeting adjourned. Page | 3 of  Bill No. 8028 Introduced in Council: Adopted by Council: February 5, 2024 Introduced by: Referred to: Jennifer Pharr, Emmett Pepper Ordinance & Rules And Mary Beth Hoover 1 Bill No. 8028 - A BILL to amend and reenact Section 2-744 of the Municipal Code of the 2 City of Charleston, as amended; to amend said code by repealing Sections 18-611, 18- 3 612, 18-613, 18-631, 18-632, 18-633, and 18-634 of said Code; to amend and reenact 4 Sections 18-1031, 18-1032, 18-1033, 18-1037, 18-1038, 18-1039, 18-1040, and 18-1041 5 of said Code; to repeal Sections 18-1034, 18-1035, and 18-1036 of said Code; to amend 6 and reenact Section 18-1061 of said Code; to repeal Section 18-1081 of said Code; and 7 to amend and re-enact Section 110-63 of said Code, all relating to updating the regulation 8 of vendors; repealing code requirements for itinerant vendors; updating the vendor 9 definitions to make distinctions between street vendors, event vendors, and private 10 property vendors; removing the requirement for vendors to have a business license; 11 clarifying and simplifying the requirements for vendors; and removing duplicative 12 language. 13 14 WHEREAS, the City of Charleston is authorized to regulate the use of public streets for 15 public health, safety, welfare and convenience; and 16 17 WHEREAS, the City of Charleston undertook a modernization of its vending ordinance in 18 2021, which has greatly improved the opportunities in Charleston for new entrepreneurs; 19 and 20 21 WHEREAS, the City of Charleston finds that current and future vendors, as well as the 22 City and its residents, will benefit from clarifying and simplifying the types of vendors as 23 set forth in this bill. 24 25 NOW, therefore, be it ordained by the Council of the City of Charleston: 26 27 That Section 2-744 of the Municipal Code of the City of Charleston be amended and 28 reenacted; that Sections 18-611, 18-612, 18-613, 18-631, 18-632, 18-633, and 18-634 of 29 said Code be repealed; that Sections 18-1031, 18-1032, 18-1033, 18-1037, 18-1038, 18- 30 1039, 18-1040, and 18-1041 of said Code be amended and reenacted; that Sections 18- 31 1034, 18-1035, and 18-1036 of said Code be repealed; that Section 18-1061 of said Code 32 be amended and reenacted; that Section 18-1081 of said Code be repealed; and that 33 Section 110-63 of said Code be amended and reenacted, all to read as follows: 34 35 CHAPTER 2 - ADMINISTRATION Page | 4 of 36 ARTICLE VIII – CITY SERVICE FEE 37 38 Sec. 2-744 - Withholding; reporting; payment. 39 40 (a) Every employer shall deduct and withhold from any compensation or income 41 paid to an employee in its employ an amount equal to the fee imposed herein upon said 42 employee; provided, that an employer shall not deduct or withhold the fee as to any 43 employee who executes and delivers a proper form prescribed by the city collector 44 evidencing prior payment of the fee either directly or by collection through another 45 employer in the city; provided further, that the employer shall maintain adequate records 46 concerning any such employees. Every employer is deemed to be a trustee for the city in 47 collecting and holding the fee required to be withheld and the funds so collected by such 48 withholding are deemed to be trust funds. The failure of any employer to deduct the fee 49 shall not relieve the employee from the duty to pay the fee. Any employer who fails to 50 deduct the fee as required by this section, or who fails to pay the trust funds to the city 51 collector pursuant to this section and the regulations promulgated pursuant thereto, shall 52 be liable for such fee in full, along with any penalties or interest accrued thereon, as 53 though the fee had originally been assessed against the employer notwithstanding any 54 provisions herein to the contrary. 55 56 (b) Every self-employed individual who is not employed by an employer and who 57 has not had the fee deducted or withheld by an employer shall file a form prescribed by 58 the city collector and pay to the city collector all such fees that are due and owing 59 according to and in the manner prescribed by the regulations promulgated pursuant 60 hereto. 61 62 (c) Every individual engaging in the business of street vending as provided in §18- 63 1031 et seq. of this Code, or engaging in business as an itinerant vendor as provided in 64 §18-611 et seq., as applicable, who is not employed by a separate employer within the 65 city and who has not had the fee deducted or withheld by an employer, shall file a form 66 prescribed by the city collector and pay to the city collector on an annual basis all such 67 fees that are due and owing according to and in the manner prescribed by the regulations 68 promulgated pursuant hereto. 69 70 CHAPTER 18 – BUSINESS. 71 ARTICLE XIV. ITINERANT VENDORS. 72 DIVISION 1. – GENERALLY. 73 74 Sec. 18-611. - Definitions; exemptions. 75 76 (a) The following words, terms and phrases, when used in this article, shall have 77 the meanings ascribed to them in this section, except where the context clearly indicates 78 a different meaning: 79 80 Itinerant vendor includes all persons, whether working independently or as part of 81 an organized event under the umbrella of a promoter, sponsor, or organizer of an event, Page | 5 of  82 who engage or conduct within this city, either in one locality or in traveling from place to 83 place, a temporary or transient business of selling goods, wares and merchandise; and 84 who, for the purpose of carrying on such business, use, lease or occupy either in whole 85 or in part, a room, building or other structure, or who use, lease or occupy for such 86 purposes a room in any hotel or other structure, for the exhibition and sale of such goods, 87 wares and merchandise; and the person so engaged shall not be relieved from the 88 provisions of this article by reason of association temporarily with any local dealer, trader, 89 merchant or auctioneer, or by conducting such temporary or transient business in 90 connection with or as part of the business of, or in the name of, any local dealer, trader, 91 merchant or auctioneer. Itinerant vendor shall not include those individuals engaged in 92 business under Article XXII as a street vendor using a Nonmotorized Vending Unit or 93 Mobilized Vending Vehicle. 94 95 (b) The provisions of this article shall not apply to special sales nor to persons 96 conducting special sales within the purview of article VIII of this chapter; nor to sales made 97 to persons engaged in wholesale or retail business by commercial travelers or selling 98 agents in the usual course of business; nor to hawkers or peddlers in the streets, roads 99 or highways, from packs or vehicles as defined in section 18-491; nor to persons selling 100 meat or the products of the farm, garden or dairy; nor to any sales of goods, wares or 101 merchandise on the grounds of any agricultural association during the continuance of any 102 annual fair held by such association; nor to any sales by societies acting for charitable, 103 religious or benevolent purposes; nor to judicial sales directed by law, or under the orders 104 of any court; nor to the sales of the common necessities of life in any public market place. 105 106 Sec. 18-612. - Violations. 107 108 Every itinerant vendor who sells or exhibits for sale at public or private sale any 109 goods, wares or merchandise without first obtaining a license and in all other respects 110 complying with the provisions of this article, or who makes any false statement in 111 reference to the matter set out in section 18-631; and every person, whether principal or 112 agent, who, by circular, handbill, newspaper, or in any manner advertises such sale 113 before proper licenses are issued to the vendor, and before he has complied with the 114 provisions of this chapter, shall be guilty of a violation of this section, and shall be 115 punished as provided in section 1-8. 116 117 Sec. 18-613. Rules and regulations under article. 118 119 The City of Charleston City Collector’s Office is hereby authorized to promulgate 120 reasonable rules and regulations regarding the administration of the requirements of this 121 article, including the review of all Itinerant Vendor business license and applications. 122 Copies of such regulations, as amended from time to time, shall be maintained by the 123 City Collector’s Office, posted on the City’s website and on file in the City Clerk’s office, 124 and shall be available to interested parties at all reasonable times. 125 126 Secs. 18-614—18-630. - Reserved. 127 Page | 6 of 128 DIVISION 2. - LICENSE 129 130 Sec. 18-631. - Application for license and requirements for certain class of sales. 131 132 An applicant for an itinerant vendor’s license shall file an application with the City 133 of Charleston City Collector’s Office on such form as prescribed by the city collector. Each 134 applicant for an itinerant vendor's license who proposes to advertise, represent or hold 135 forth a sale of goods, wares or merchandise as a bankrupt, insolvent, assignee, trustee, 136 executor, administrator, receiver, attorney, manufacturer's wholesale sale, or a sale of 137 any goods damaged by smoke, fire, water or otherwise shall state in writing, under oath, 138 to the city collector at the time he makes application for a license, all the facts relating to 139 the reason and character of such sale as proposed to be advertised, held forth or 140 represented, including a statement of the names of the persons from whom such goods, 141 wares or merchandise were purchased and the date of the delivery to the person applying 142 for license; the place, if any, where such goods, wares or merchandise were previously 143 exposed for sale, and such details as are necessary to locate exactly and identify fully all 144 such goods, wares and merchandise proposed to be sold. Such applicant shall also 145 include in such statement the name and residence of the owner in whose interest the 146 business is conducted. 147 148 Sec. 18-632. - Denial of license; preservation of applications and availability to 149 public; reassessment and appeal. 150 151 (a) The city collector, upon receipt of a sworn application as provided in section 152 18-631 shall, before issuing the license applied for, first confirm that the proposed sales 153 are not within the purview of article VIII of this chapter; and the city collector shall not 154 issue an itinerant vendor's license for any purpose for which a special sales license is 155 required under the provisions of article VIII of this chapter. 156 157 (b) Each application as provided in section 18-631 shall be kept on file in the office 158 of the city collector, and a record shall be kept by the city collector of all such statements 159 in convenient form and open to public inspection. 160 161 (c) The city collector may summarily deny or revoke an Itinerant Vendor’s business 162 license pursuant to the provisions of this Code: (1) for any reason aforementioned; (2) 163 for violation of any term or condition of such license promulgated hereafter; (3) for 164 violation of any pertinent provision of state law, this Code or other ordinance or rules and 165 regulations promulgated thereto; or (4) for the perpetration or attempted perpetration of 166 fraud, malpractice or malfeasance by the licensee. 167 168 (d) Any Itinerant Vendor whose license has been denied or revoked may request 169 reconsideration from the city collector. The request for reconsideration must be received 170 within 20 days from the date of receipt of the revocation and shall include a written 171 explanation stating with particularity the reason for the request. Upon receipt of a timely 172 request for reconsideration, the vendor shall be entitled to a formal hearing before the city 173 collector or a hearing examiner designated by the city collector in order to provide the Page | 7 of 174 vendor with an opportunity to show that the action taken was incorrect or contrary to law, 175 in whole or in part, after which hearing, the city collector or the designee shall either grant 176 or deny the request with justification thereof in writing within 15 days of the hearing. If the 177 request for reconsideration is denied, the Itinerant Vendor may appeal within 30 days 178 from the date of the denial or revocation of the license to the Circuit Court of Kanawha 179 County in the manner prescribed by law for an appeal of an administrative decision. 180 181 Sec. 18-633. - License fee. 182 183 The annual license fee to carry on the business of itinerant vendor shall be $20.00. 184 Dishonored checks shall be subject to a $15.00 returned check fee in addition to the 185 $20.00 license fee. 186 187 Sec. 18-634. - Bond required and additional requirements. 188 189 (a) Every itinerant vendor shall execute a continuing bond in the form prescribed 190 by the city collector, with satisfactory corporate surety, in the penalty of $5,000.00, 191 payable to the city, conditioned that such itinerant vendor will pay all damages accruing 192 to any person by reason of any act or action done, performed or taken by such itinerant 193 vendor in or about the conduct of his business, and further conditioned that such itinerant 194 vendor will pay all taxes, fees and penalties imposed by this city; however, the aggregate 195 liability of the surety for all such damages, taxes, fees and penalties shall, in no event, 196 exceed the sum of the bond. This bond shall be filed with the city collector and shall be 197 open to inspection during business hours to any person desiring to inspect it. 198 199 (b) Prior to the issuance of an itinerant vendor license, the applicant must agree, 200 in writing, that it shall indemnify, defend, and save harmless the City, its officers, agents, 201 and employees, from and against all liability, claims, suits, damages, losses, costs, 202 attorneys’ fees and expenses of any or all types arising out of, or related in any way to 203 the operations or activities of the Itinerant Vendor. 204 205 (c) All Itinerant Vendors are responsible for complying with taxation and fee 206 requirements as provided in this Code, including but not limited to the Business and 207 Occupation Tax as imposed in Sections 110-52 through 110-59 and City Service Fee as 208 imposed 2-744, as applicable. Nothing in this subsection shall be construed as permitting 209 the City to tax in violation of the Constitution or laws of this state or the United States. 210 211 ARTICLE XXII. STREET, EVENT, AND PRIVATE PROPERTY VENDORS. 212 DIVISION 1. GENERALLY. 213 Sec. 18-1031. Definitions. 214 215 The following words, terms and phrases, when used in this article, shall have the 216 meanings ascribed to them in this section, except where the context clearly indicates a 217 different meaning: 218 Page | 8 of 219 Approved public right-of-way means publicly owned property including, but not limited 220 to, a park, plaza, road, sidewalk or parking space in an area zoned commercial, industrial, 221 central business, urban corridor, professional or medical campus, or otherwise 222 designated by the city manager for use by Street Vendors: Provided, That the city 223 manager may also exclude areas from the generally approved zones. 224 225 Event Vendor means any person who engages in the business of selling a service or 226 tangible personal property as part of an organized event under the umbrella of a promoter, 227 sponsor, or organizer of an event that is authorized by the city, but who does not engage 228 in business outside of the event upon an approved public right-of-way. Event Vendors 229 include both those persons that operate from a Nonmotorized Vending Unit, as well as 230 those persons that operate from a Mobilized Vending Vehicle. 231 232 Mobilized Vending Vehicle means a readily movable motorized vehicle whose 233 operator may, upon issuance of a business license and street vending permit by the City, 234 and in conformance with the rules and regulations established pursuant to this Article, 235 along with all applicable parking and traffic regulations, temporarily park such vehicle 236 upon an approved public right-of-way or on private property to engage in the lawful sale 237 of a service or sale of tangible personal property, including but not limited to, goods, 238 merchandise, food or beverages, and specifically including the preparation, service, sale 239 or distribution of ready-to-eat food and/or beverages for individual portion service to the 240 general public directly from the vehicle, commonly referred to as “food trucks”. 241 242 Nonmotorized Vending Unit means a readily movable nonmotorized device, including 243 but not limited to, a pushcart, table, or stand whose operator may, upon issuance of a 244 business license and street vending permit by the City and in conformance with the rules 245 and regulations established pursuant to this Article, temporarily set up such device on an 246 approved public right-of-way or on private property and engage in the lawful sale of a 247 service or sale of tangible personal property, including but not limited to, goods, 248 merchandise, food or beverages. 249 250 Private Property Vendor means any person who engages in the business of selling a 251 service or tangible personal property on private property, rather than on the public right- 252 of-way in an event that is authorized by the City, but who does not engage in business 253 outside of private property upon an approved public right-of-way or as part of a City 254 authorized event. Private Property Vendors are limited to those persons that operate from 255 a Nonmotorized Vending Unit or a Mobilized Vending Vehicle either in one locality or in 256 traveling from place to place; a temporary or transient business of selling goods, wares 257 and merchandise. The definition of Private Property Vendor does not include a person 258 who engages in the business of selling a service or tangible personal property at a fixed 259 place, which requires a general business license, such as a traditional brick and mortar 260 storefront. 261 262 Street Vendor means any person who possesses a valid street vending permit issued 263 by the City Collector’s Office to engage in or conduct engages in the business of selling 264 a service or tangible personal property including but not limited to goods, merchandise, Page | 9 of 265 food, or beverages upon any approved public right-of-way, either as principal or agent, 266 and whether working independently or as part of an organized event under the umbrella 267 of a promoter, sponsor, or organizer of an event in the city. Street Vendors include both 268 those persons that operate from a Nonmotorized Vending Unit, including but not limited 269 to, pushcarts, tables, or stands, as well as those persons that operate from a Mobilized 270 Vending Vehicle. Street Vendors include people distributing goods, merchandise, food, 271 or beverages without charge who are operating within the public right-of-way. 272 273 Outdoor dining area means a confined area of the public right of way or private 274 property, which area is adjacent to an operator's building/permanent structure, where 275 patrons may sit at tables while consuming food and beverages. 276 277 Vendor means a Street Vendor, Event Vendor, or Private Property Vendor, as defined 278 in this section. All Vendors shall follow the requirements of this article. 279 280 Sec. 18-1032. Rules and regulations under article; designation of Approved public 281 rights-of-way. 282 283 (a) The City of Charleston City Collector’s Office is hereby authorized to 284 promulgate reasonable rules and regulations regarding the administration of the 285 requirements of this article, including the review of all Street Vendor business license and 286 permit applications. Copies of such regulations, as amended from time to time, shall be 287 maintained by the City Collector’s Office, posted on the City’s website and on file in the 288 City Clerk’s office, and shall be available to interested parties at all reasonable times. 289 290 (b) The generally approved public rights-of-way are defined in Section 18-1031 of 291 this Code. The city manager shall have the authority to designate additional approved 292 public rights-of-way, or portions thereof, for use by Street Vendors; provided, the city 293 manager, at his or her discretion, shall also have the authority to suspend the use of 294 approved public rights-of-way by Street Vendors with or without prior notice for special 295 events or other reasons deemed necessary and appropriate by the city manager. 296 297 Sec. 18-1033. Scope of Article. 298 299 The provisions of this Article shall apply to all Street Vendors, including Street Vendors, 300 Event Vendors, and Private Property Vendors. engaged in the business of selling a 301 service or tangible personal property including but not limited to distributing goods, 302 merchandise, food or beverages with or without charge from a Nonmotorized Vending 303 Unit on an approved public right-of-way and Street Vendors preparing, selling or 304 distributing food and/or beverages with or without charge from a Mobilized Vending 305 Vehicle on an approved public right-of-way subject to the requirements set forth herein. 306 307 Sec. 18-1034. Business license required; application, fee. 308 309 (a) No person shall engage in the business or trade of a Street Vendor without first 310 obtaining a business license from the city collector; provided, however, that any person Page | 10 of 311 who already possesses a valid business license issued by the city collector for the same 312 type of business as that in which it wishes to engage in as a Street Vendor shall not be 313 required to obtain a separate business license for street vending purposes. 314 315 (b) An applicant for a business license shall file an application with the City of 316 Charleston City Collector’s Office on such form as prescribed by the city collector. The 317 applicant may be an individual or a firm or corporation on behalf of an individual. In the 318 case where a person, firm or corporation applies for the license on behalf of an individual, 319 the license shall be issued in the name of the applicant; and the license shall also bear 320 the name of the Street Vendor on whose behalf the license is issued. 321 322 (c) The license fee for engaging in the business of a Street Vendor shall be 323 $20.00 per calendar year, or any portion thereof. Dishonored checks shall be subject to 324 a $15.00 returned check fee in addition to the $20.00 license fee. 325 326 Sec. 18-1035. Revocation of business license. 327 328 The city collector, upon reasonable notice provided in writing to the licensee 329 through certified mail or personal service, may summarily revoke a Street Vendor’s 330 business license pursuant to the provisions of this Code: (1) for any reason which would 331 have been grounds for denial of such license when first issued; (2) for violation of any 332 term or condition of such license; (3) for violation of any pertinent provision of state law, 333 this Code or other ordinance or rules and regulations promulgated thereto; or (4) for the 334 perpetration or attempted perpetration of fraud, malpractice or malfeasance by the 335 licensee. 336 337 Sec. 18-1036. Request for reconsideration and appeal of revocation of business 338 license. 339 340 Any Street Vendor whose license has been revoked may request reconsideration 341 from the city collector. The request for reconsideration must be received within 20 days 342 from the date of receipt of the revocation and shall include a written explanation stating 343 with particularity the reason for the request. Upon receipt of a timely request for 344 reconsideration, the Street Vendor shall be entitled to a formal hearing before the city 345 collector or a hearing examiner designated by the city collector in order to provide the 346 vendor with an opportunity to show that the action taken was incorrect or contrary to law, 347 in whole or in part, after which hearing, the city collector or the designee shall either grant 348 or deny the request with justification thereof in writing within 15 days of the hearing. If the 349 request for reconsideration is denied, the Street Vendor may appeal within 30 days from 350 the date of the denial or revocation of the license to the Circuit Court of Kanawha County 351 in the manner prescribed by law for an appeal of an administrative decision. 352 353 Sec. 18-1037. Street vending Vending permit required; application, fees. 354 Page | 11 of 355 (a) No person or business entity, including a religious or charitable organization, 356 shall operate a Nonmotorized Vending Unit or a Mobilized Vending Vehicle upon the 357 public right-of-way as a Vendor within the City without a street vending permit, except as 358 otherwise herein provided. 359 360 (b) An applicant for a street vending permit shall file an application with the City of 361 Charleston City Collector’s Office on such forms and subject to such procedures as the 362 City Collector’s Office may establish. All applicants shall acknowledge in writing that they 363 will not serving serve food or alcohol, unless and until they are in good standing with the 364 Kanawha-Charleston Health Department and the West Virginia Alcohol Beverage Control 365 Administration, as applicable. Upon request by the City Collector’s Office, a vendor shall 366 submit with their application evidence of approval from the Kanawha-Charleston Health 367 Department and the West Virginia Alcohol Beverage Control Administration, as 368 applicable. 369 370 (c) The City shall charge an administrative fee for permits not to exceed of $20.00 371 per permit per calendar year, or any portion thereof. Dishonored checks shall be subject 372 to a $15.00 returned check fee in addition to the $20.00 permit fee. The applicant shall 373 indicate whether it is applying to be a Street Vendor, Event Vendor, or Private Property 374 Vendor. All approved Street Vendors are automatically qualified to be Event Vendors and 375 Private Property Vendors. All Event Vendors are automatically qualified to be Private 376 Property Vendors. 377 378 (d) Permits are nontransferable, and each Nonmotorized Vending Unit or Mobilized 379 Vending Vehicle Vendor must have its own permit which shall be posted at all times on 380 or in the Nonmotorized Vending Unit or Mobilized Vending Vehicle, visible to customers 381 and the public. 382 383 (e) The City Collector shall issue the vending permit upon receipt of a satisfactory 384 application and administrative fee, and such permit shall clearly indicate whether it is a 385 Street Vendor, Event Vendor, or Private Property Vendor. Permits shall be renewable on 386 a calendar year basis and shall expire on December 31 of each year: Provided, That any 387 street vendor permit granted under the previous version of this Municipal Code for the 388 fiscal year ending June 30, 2021, shall be automatically extended and deemed to expire 389 on December 31, 2021. 390 391 Sec. 18-1038. Additional Requirements. 392 393 (a) Prior to the issuance of a street vending permit for a Street Vendor, the 394 applicant must agree, in writing, that it shall indemnify, defend, and save harmless the 395 City, its officers, agents, and employees, from and against all liability, claims, suits, 396 damages, losses, costs, attorneys’ fees and expenses of any or all types arising out of, 397 or related in any way to the operations or activities of the Street Vendor. The Street 398 Vendor applicant (b) An applicant seeking a permit for a Nonmotorized Vending Unit or 399 Mobilized Vending Vehicle shall maintain such general liability insurance with at least 400 $1,000,000 coverage per each occurrence and shall name as additional insured the City Page | 12 of 401 of Charleston, its agents, officers, directors, and employees. A copy of said insurance 402 policy shall be furnished to the City of Charleston.; Provided that, 403 404 (b) Prior to the issuance of a vending permit for an Event Vendor, the applicant 405 must acknowledge, in writing, that it is only applying to operate if a Street Vendor is 406 operating in conjunction with an organized event, private or public authorized by the City, 407 and said event provides umbrella insurance coverage sufficient to satisfy the 408 requirements herein or that the Event Vendor will be required to provide further 409 information to the City Event Coordinator., then the street vendor will not be required to 410 maintain independent insurance to participate in the organized event. 411 412 (c) Prior to the issuance of a vending permit for a Private Property Vendor, the 413 applicant must acknowledge, in writing that it is only applying to operate on private 414 property and that it will need a different permit if it intends to operate as part of an 415 authorized City event or upon the public right of way. 416 417 Sec. 18-1039. Revocation of street vending permit. 418 419 The city collector, upon reasonable notice provided in writing to the Street Vendor 420 through certified mail or personal service, may summarily revoke a Street Vendor’s permit 421 pursuant to the provisions of this Code: (1) for any reason which would have been 422 grounds for denial of such permit when first issued for: (2) for violation of any term or 423 condition of such permit; (3) for violation of any pertinent provision of state law, this Code 424 or other ordinance or rules and regulations promulgated thereto; or (4) for the perpetration 425 or attempted perpetration of fraud, malpractice or malfeasance by the permittee. 426 427 Sec. 18-1040. Request for reconsideration and appeal of revocation of street 428 vending permit. 429 430 Any Street Vendor whose permit has been revoked may request reconsideration 431 from the city collector. The request for reconsideration must be received within 20 days 432 from the date of receipt of the revocation and shall include a written explanation stating 433 with particularity the reason for the request. Upon receipt of a timely request for 434 reconsideration, the Street Vendor shall be entitled to a formal hearing before the city 435 collector or a hearing examiner designated by the city collector in order to provide the 436 Vendor with an opportunity to show that the action taken was incorrect or contrary to law, 437 in whole or in part, after which hearing, the city collector or the designee shall either grant 438 or deny the request with justification thereof in writing within 15 days of the hearing. If the 439 request for reconsideration is denied, the Street Vendor may appeal within 30 days from 440 the date of the denial or revocation of the license permit to the Circuit Court of Kanawha 441 County in the manner prescribed by law for an appeal of an administrative decision. 442 443 Sec. 18-1041. Compliance with federal, state and local laws and regulations. 444 445 (a) The operation of a Nonmotorized Vending Unit or Mobilized Vending Vehicle 446 pursuant to a street vending permit granted under this Article shall comply with all Page | 13 of 447 provisions of state and local building and fire codes, as well as all state and local health 448 laws and regulations regarding the service and preparation of food, if applicable. Nothing 449 in this article shall be intended to alter or abridge any applicable federal, state and local 450 laws, unless specifically stated herein with respect to the Municipal Code of the City of 451 Charleston. 452 453 (b) Nothing in this article shall be intended to alter or abridge the prohibition of 454 service of alcoholic beverages or possession thereof on public property in the City, as set 455 forth in applicable West Virginia Code and Section 78-211(b) of the Municipal Code of the 456 City of Charleston. 457 458 (c) All Street Vendors are responsible for complying with all taxation and fee 459 requirements as provided in this Code, including but not limited to the Business and 460 Occupation Tax as imposed in Sections 110-52 through 110-59 and the City Service Fee 461 as imposed in Sections 2-737 and 2-744. However, the taxation and fee requirements for 462 Street Vendors shall be on an annual filing basis for the entire calendar year on forms 463 prescribed by the City Collector, rather than by quarterly filing. Therefore, all tax and fee 464 requirements referenced herein shall be filed and paid to the Office of the City Collector 465 by January 31st of the succeeding year. Failure to properly file the required annual tax 466 return will result in the withholding or suspension of a Street Vendor license and permit. 467 468 469 DIVISION 2. NONMOTORIZED VENDING UNITS; PUSHCARTS, TABLES AND 470 STANDS VENDOR STANDARDS. 471 472 Sec. 18-1061. Standards for Nonmotorized Vending Units Requirements and 473 Regulations of Vendors. 474 475 (a) It shall be unlawful to leave any Nonmotorized Vending Unit or Mobilized 476 Vending Vehicle unattended on an approved public right of way or remain on an approved 477 public right of way outside of the allowed hours of operation, unless the Mobilized Vending 478 Vehicle is legally parked in a manner consistent with all parking and traffic regulations. If 479 any Nonmotorized Vending Unit is left unattended for more than 30 minutes, it will be 480 considered abandoned and may be removed by the City. A Mobilized Vending Vehicle 481 left unattended in violation of this subsection shall be subject to citation(s) for 482 traffic/parking violations and may be towed by the City. If removed or towed by the City 483 consistent with this subsection, the Street Vendor shall be liable for all reasonable 484 removal, towing, and storage charges. The City may also require additional restrictions 485 to abate nuisances. 486 487 (b) A Street Vendor may not operate a Nonmotorized Vending Unit or Mobilized 488 Vending Vehicle within two hundred (200) feet of any event that is licensed or sanctioned 489 authorized by the City, unless the Street Vendor is an authorized approved participant in 490 such event. 491 492 (c) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending Page | 14 of 493 Vehicle may not make or cause to be made any unreasonable or excessive noise in 494 violation of Section 78-212 of this Code, including noise from generators. Any Street 495 Vendor operating a Nonmotorized Vending Unit or Mobilized Vending Vehicle in 496 conjunction with an operational generator may not operate within 50 feet from any outdoor 497 dining area as defined in this Article. A Street Vendor may not use or maintain any outside 498 sound amplifying equipment, lights, or noisemakers, such as bells, horns or whistles or 499 similar devices. A Street Vendor engaging in food service shall take all reasonable steps 500 to prevent activity akin to a nuisance, including but not limited to smoke and steam 501 emissions. 502 503 (d) With the exception of trash bins and signage authorized by this section, a Street 504 Vendor operating a Nonmotorized Vending Unit or Mobilized Vending Vehicle may not 505 use or place on the approved public right-of-way any external signage, tables, seating, or 506 any other equipment not contained within or upon the Nonmotorized Vending Unit or 507 Mobilized Vending Vehicle. 508 509 (e) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending 510 Vehicle may not have any exclusive and/or perpetual right to use any location upon the 511 streets, alleys, or public grounds of the City. All locations designated as approved public 512 rights-of-way for Nonmotorized Vending Units shall be available on a first come, first 513 served basis with no particular location(s) assigned to any particular Street Vendor(s). 514 Notwithstanding, the City may assign locations for Street Vendors during city-sponsored 515 events. 516 517 (f) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending 518 Vehicle may not conduct business on an approved public right-of-way between the hours 519 of 4 a.m. and 6 a.m. nor may any Nonmotorized Vending Unit or Mobilized Vending 520 Vehicle be permitted to remain on an approved public right-of-way between the hours of 521 4 a.m. and 6 a.m., unless the Mobilized Vending Vehicle is parked in conformance with 522 all applicable parking and traffic regulations. Mobilized Vending Vehicles shall be parked 523 at all times in conformance with applicable parking and traffic regulations, including but 524 not limited to payment of parking meters during hours of operation, and may not hinder 525 the lawful parking or operation of other vehicles. Mobilized Vending Vehicles may not bag 526 parking meters to conduct street vending operations. Mobilized Vending Vehicles shall 527 be permitted to park in loading zones between the hours of 6:00 p.m. and 4:00 a.m. Any 528 opening or window from which business is conducted for all Mobilized Vending Vehicle 529 must open toward the sidewalk, walkway or parking area. No window or opening from 530 which business is conducted may open toward the street or traffic area. 531 532 (g) A Nonmotorized Vending Unit or Mobilized Vending Vehicle operating within 533 the designated locations may not be of a size or configuration as to interfere with City or 534 public use of any public right-of-way or impede ingress or egress by vehicles or 535 pedestrians. 536 537 (h) An unobstructed clearance for pedestrian travel consistent with the Americans 538 with Disabilities Act must be maintained around any Nonmotorized Vending Unit or Page | 15 of 539 Mobilized Vending Vehicle. 540 541 (i) An unobstructed clearance of 42 inches, must be maintained between a fire 542 hydrant and any Nonmotorized Vending Unit or Mobilized Vending Vehicle. 543 544 (j) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending 545 Vehicle may not park such Unit on a utility/manhole cover located upon an approved 546 public right-of-way. 547 548 (k) Street Vendors shall obey any lawful order of a police officer to move a 549 Nonmotorized Vending Unit or Mobilized Vending Vehicle to a different approved location, 550 or to remove it entirely, if necessary to avoid congestion or obstruction of a public right- 551 of-way, or for the City’s use of such right-of-way for emergency purposes, construction or 552 any other public benefit deemed necessary or appropriate at the discretion of the officer 553 including but not limited to nuisance abatement. 554 555 (l) Any power required for a Nonmotorized Vending Unit or Mobilized Vending 556 Vehicle located on an approved public right-of-way shall be self-contained and it may not 557 draw its power from the public right-of-way, except where approved by the city manager. 558 Power cables or equipment may not extend across any public street, alley or sidewalk. 559 560 (m) Street Vendors operating a Nonmotorized Vending Unit or Mobilized Vending 561 Vehicle shall contain all refuse, trash, and litter within the Nonmotorized Vending Unit or 562 Mobilized Vending Vehicle, or provide a small moveable trash can maintained by the 563 Street Vendor and located adjacent to the Nonmotorized Vending Unit or Mobilized 564 Vending Vehicle in such a manner as not to block or otherwise obstruct pedestrian or 565 vehicular traffic. The operator of the Nonmotorized Vending Unit or Mobilized Vending 566 Vehicle shall be responsible for properly disposing of such refuse, trash, and litter as 567 would any business, and shall not place it in any public trash container, or in any private 568 container without proper permission. Spills of food or food by-products shall be cleaned 569 up by the Street Vendor operating the Nonmotorized Vending Unit or Mobilized Vending 570 Vehicle, and no dumping of gray water on the streets is allowed. 571 572 (n) Any signage or advertising signs shall be maintained by the Street Vendor and 573 located adjacent to the Nonmotorized Vending Unit or Mobilized Vending Vehicle in such 574 a manner as not to block or otherwise obstruct pedestrian or vehicular traffic. 575 576 (o) The Street Vendor’s license permit shall be displayed conspicuously at all times 577 upon the vendor's vehicle, table, cart or container. Any and all additional licenses or 578 permits required pursuant to law and this article shall be displayed conspicuously at all 579 times upon the vendor's vehicle, table, cart or container. 580 581 (p) Nothing in this Section shall be construed to prohibit the distribution or the sale 582 of newspapers on the sidewalks or from a vehicle. 583 584 DIVISION 3. MOBILIZED VENDING VEHICLES. Page | 16 of 585 586 Sec. 18-1081. Standards for Mobilized Vending Vehicles. 587 588 (a) It shall be unlawful to leave any Mobilized Vending Vehicle unattended on an 589 approved public right-of-way or remain on an approved public right-of-way outside of the 590 allowed hours of operation unless the same is legally parked in a manner consistent with 591 all parking and traffic regulations. A Mobilized Vending Vehicle left unattended in violation 592 of this subsection shall be subject to citation(s) for traffic/parking violations and may be 593 towed by the City. If removed by the City consistent with this subdivision, the Street 594 Vendor shall be held liable for all reasonable towing and storage charges. The City may 595 also require additional restrictions to abate nuisances. 596 597 (b) A Street Vendor may not operate a Mobilized Vending Vehicle within two 598 hundred (200) feet of any event that is licensed or sanctioned by the City, unless the 599 Street Vendor is an authorized participant in such event. 600 601 (c) A Street Vendor operating a Mobilized Vending Vehicle may not make or cause 602 to be made any unreasonable or excessive noise in violation of Section 78-212 of this 603 Code, including noise from generators. Any Street Vendor operating a Mobilized Vending 604 Vehicle in conjunction with an operational generator may not operate within 50 feet from 605 any outdoor dining area as defined in this Article. A Street Vendor may not use or maintain 606 any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or 607 whistles or similar devices. A Street Vendor engaging in food service shall take all 608 reasonable steps to prevent activity akin to a nuisance, including but not limited to smoke 609 and steam emissions. 610 611 (d) With the exception of trash bins, a Street Vendor operating a Mobilized Vending 612 Vehicle may not use or place on the public right-of-way any external signage, tables, 613 seating, or any other equipment not contained within or upon the Mobilized Vending 614 Vehicle. 615 616 (e) A Street Vendor operating a Mobilized Vending Vehicle may not have any 617 exclusive and/or perpetual right to use any location upon the streets, alleys, or public 618 grounds of the City. All locations designated as approved public rights-of-way for 619 Mobilized Vending Vehicles shall be available on a first come, first served basis with no 620 particular location(s) assigned to any particular Street Vendor(s). Notwithstanding, the 621 City may assign locations for Street Vendors during city-sponsored events. 622 623 (f) A Street Vendor operating a Mobilized Vending Vehicle may not conduct 624 business on an approved public right-of-way between the hours of 4 a.m. and 6 a.m., nor 625 may any Mobilized Vending Vehicle be permitted to remain on any approved public right- 626 of-way between the hours of 4 a.m. and 6 a.m. unless parked in conformance with all 627 applicable parking and traffic regulations. 628 629 (g) Mobilized Vending Vehicles shall be parked at all times in conformance with 630 applicable parking and traffic regulations, including but not limited to payment of parking Page | 17 of 631 meters during hours of operation, and may not hinder the lawful parking or operation of 632 other vehicles. Mobilized Vending Vehicles may not bag parking meters to conduct street 633 vending operations. Mobilized Vending Vehicles shall be permitted to park in loading 634 zones between the hours of 6:00 p.m. and 4:00 a.m. Any opening or window from which 635 business is conducted for all Mobilized Vending Vehicle must open toward the sidewalk, 636 walkway or parking area. No window or opening from which business is conducted may 637 open toward the street or traffic area. 638 639 (h) A Mobilized Vending Vehicle may not be of a size or configuration as to interfere 640 with City or public use of any public right-of-way or impede ingress or egress by vehicles 641 or pedestrians. 642 643 (i) An unobstructed clearance of at least 42 inches must be maintained between a 644 fire hydrant and any Mobilized Vending Vehicle. 645 646 (j) An unobstructed clearance for pedestrian travel consistent with the Americans 647 with Disabilities Act must be maintained around any Mobilized Vending Vehicle. 648 649 (k) A Street Vendor operating a Mobilized Vending Vehicle may not park such 650 Vehicle on a utility/manhole cover located upon an approved public right-of-way. 651 652 (l) Street Vendors shall obey any lawful order of a police officer to move a Mobilized 653 Vending Vehicle to a different approved location, or to remove it entirely, if necessary to 654 avoid congestion or obstruction of a public right-of-way, or for the City’s use of such right- 655 of-way for emergency purposes, construction or any other public benefit deemed 656 necessary or appropriate at the discretion of the officer, including but not limited to the 657 abatement of a nuisance. 658 659 (m) Any power required for the Mobilized Vending Vehicle located on a public right- 660 of- way shall be self-contained and it may not draw its power from the public right-of-way, 661 except where approved by the city manager. Power cable or equipment may not be 662 extended across any public street, alley or sidewalk. 663 664 (n) Street Vendors shall contain all refuse, trash, and litter within the Mobilized 665 Vending Vehicle or provide a small moveable trash can maintained by the Street Vendor, 666 and located adjacent to the Mobilized Vending Vehicle in such a manner as not to block 667 or otherwise obstruct pedestrian or vehicular traffic. The Street Vendor operating the 668 Mobilized Vending Vehicle shall be responsible for properly disposing of such refuse as 669 would any business, and may not place it in any public trash container, or in any private 670 container without proper permission. Spills of food or food by-products shall be cleaned 671 up by the Street Vendor operating the Mobilized Vending Vehicle, and no dumping of gray 672 water on the streets is allowed. 673 674 (o) Any signage or advertising signs shall be maintained by the Street Vendor and 675 located adjacent to the Mobilized Vending Vehicle in such a manner as not to block or 676 otherwise obstruct pedestrian or vehicular traffic. Page | 18 of 677 678 (p) The Street Vendor’s license shall be displayed conspicuously at all times upon 679 the vendor's Mobilized Vending Vehicle. Any and all additional licenses or permits 680 required pursuant to law and this article shall be displayed conspicuously at all times upon 681 the vendor's Mobilized Vending Vehicle. 682 683 (q) Nothing in this Section shall be construed to prohibit the distribution or the sale 684 of newspapers from a motor vehicle. 685 686 CHAPTER 110 – TAXATION 687 ARTICLE II – BUSINESS AND OCCUPATION TAX 688 689 Sec. 110-63. - Exemptions. 690 691 (a) The provisions of this article shall not apply to: 692 693 (1) Insurance companies which pay the state a tax upon premiums; provided, that 694 such exemption shall not extend to that part of gross income of insurance companies 695 which is received for the use of real property, other than property in which any such 696 company maintains its office or offices, in the city, whether such income is in the form of 697 rentals or royalties; 698 699 (2) Nonprofit cemetery companies organized and operated for the exclusive benefit 700 of their members; 701 702 (3) Fraternal societies, organizations and associations organized and operated for 703 the exclusive benefit of their members and not for profit; provided, that this exemption 704 shall not extend to that part of gross income arising from the sale of alcoholic liquor, food 705 and related services of such fraternal societies, organizations and associations which are 706 licensed as private clubs under the provisions of W. Va. Code ch. 60, art. 7; 707 708 (4) Corporations, associations and societies organized and operated exclusively 709 for religious or charitable purposes; provided that: the City may impose its business and 710 occupation tax on any activity of a corporation, association or society organized and 711 operated exclusively for religious or charitable purposes only to the extent that the income 712 generated by the activity is subject to taxation under the provisions of section 511 of the 713 Internal Revenue Code of 1986, as amended; 714 715 (5) Production credit associations, organized under the provisions of the federal 716 Farm Credit Act of 1933; provided, that the exemptions of this section shall not apply to 717 corporations or cooperative associations organized under the provisions of W. Va. ch. 19, 718 art. 4; 719 720 (6) Any credit union organized under the provisions of chapter 31 or any other 721 chapter of the Code of West Virginia; provided, that the exemptions of this section shall Page | 19 of 722 not apply to corporations or cooperative associations organized under the provisions of 723 W. Va. ch. 19, art. 4; 724 725 (7) Gross income derived from advertising service rendered in the business of 726 radio and television broadcasting; 727 728 (8) The gross income or gross proceeds of sale of a gasification or liquefaction of 729 coal project in the demonstration, pilot or research states; provided, that prior to the 730 commencement of operation of any such project, the tax commissioner of the state shall 731 have first certified the project as eligible for such exemption; provided, further, that such 732 exemption shall expire seven years from the date the project first receives gross income 733 or gross proceeds from sales; and 734 735 (9) The first five thousand dollars ($5,000.00) of gross income or gross proceeds 736 in each calendar year derived from sales or services by a street vendor or itinerant vendor, 737 as defined Section 18-1031 of this Code, shall be exempt from the tax imposed by this 738 Article. The street vendor or itinerant vendor shall file a Business and Occupation tax 739 return for such gross income or gross proceeds even if such revenue is exempt. 740 741 (b) An organization is "charitable" for purposes of subdivision (4) of subsection 742 (a) of this section if it satisfies both of the following criteria: (1) it is exempt from Federal 743 Tax, under 26 U.S.C. § 501(c)(3), and (2) its purposes include relief of poverty, 744 advancement of education, advancement of religion, promotion of health, governmental 745 or municipal purposes, or other purposes that are beneficial to the community. Page | 20 of