Urban Renewal and Economic Development Committee

Regular Meeting

Charleston, WV · November 12, 2020

Minutes

MINUTES URBAN RENEWAL AND ECONOMIC DEVELOPMENT COMMITTEE MEETING 5:00 P. M., NOVEMBER 12, 2020 *VIA ZOOM Brent Burton, Chair, called the meeting of the Charleston City Council Committee on Urban Renewal and Economic Development to order at 5:00 p.m., November 12, 2020, in the Audio/Visual Room in City Hall. Committee Members Present: Brent Burton, Chair Tiffany Wesley-Plear, Vice Chair Ben Adams (left before the vote for Bill No. 7887) Adam Knauff Chuck Overstreet Jennifer Pharr 1. Approval of Previous Minutes – Councilmember Adams moved to approve the minutes of the previous meeting on 9-23-2020. There was no objection and the minutes were approved. 2. Bill No. 7887 - A BILL to amend and reenact Sections of the Municipal Code of the City of Charleston all relating to updating the regulation of street vendors and itinerant vendors; and creating certain business and occupation tax relief for street vendors and itinerant vendors. Councilmember Burton summarized that a version of the bill was discussed by the Committee in September of 2019 and has since been changed to address concerns that were raised by the Committee. City Attorney, Kevin Baker, added that the updates to the bill were delayed because of the pandemic this year, but they took that time to reexamine it with updates that will help to clarify and improve what is in City Code. Changes include:  Itinerant vendors (trade shows, etc.) are clarified as to the different aspects of what defines an itinerant vendor, removes some exemptions about City sponsored events and will allow the Collector’s Office to promulgate rules to more clearly explain the rules to these vendors. It also sets up the ability for those vendors to appeal if denied a license, and requires them to enter into a hold harmless agreement with the City.  Street vendors are now open to all non-residential areas, and prohibits the use of generators within 50 feet of an outdoor dining area. The bill also removes exemptions about City sponsored events, and requires them to enter into a hold harmless agreement with the City. Brick and mortar businesses will need to get a street vendor permit. Vendors cannot leave their unit unattended, must be legally parked, cannot sell items within 200 feet of a City event if not permitted for that event, cannot make excessive noise, cannot have additional items in the right-of- way or blocking the right-of-way(other than a trash can), cannot operate between the hours of 4 am- 6am and cannot use power unless given approval by the City Manager’s Office.  There is a $5,000 B&O income exemption for all street and itinerant vendors. The bill also removes confusing language concerning itinerant vendors not having to pay B&O taxes when no itinerant vendor license is required. It also allows B&O taxes to be assessed for non-profits for business activity that is taxable by the IRS. Councilmember Burton confirmed with Baker that the bill presently before the Committee is not the bill previously put before the Committee. That bill was never formally introduced, so Bill No. 7887 is not considered to be amended or a committee substitute as presented. Councilmember Pharr stated that she had questions submitted to her via Councilmember Bays. Councilmember Bays asked if line 806 should be clarified that it is “yearly.” Baker agreed. Concerning generators, line 526 does not specify decibel levels or who will judge the appropriate loudness. Baker replied that there had been a lot of discussion concerning that. Since law enforcement does not have decibel readers, it would not be practical to put a number in the Code. The noise ordinance states it would be a level that would be offensive to a general person in that setting. He did not anticipate law enforcement handing out a lot of tickets concerning this, but rather making judgement calls and encouraging vendors to make changes. Councilmember Pharr (via Councilmember Bays) asked if the pedestrian travel mentioned on line 555 should say “ADA compliant.” Baker replied that clarification could be added. Councilmember Wesley-Plear asked how this bill would apply to ice cream trucks and similar vendors as it applies to residential areas. Baker replied that the bill is written to apply to vendors being stopped in a public right-of-way, so a short-stop vendor such as ice cream trucks should not have a problem in terms of enforcement. Councilmember Knauff said he had questions from the FestivAll representative, Maria Belcher. Belcher said that the questions they had were more detailed questions about what information to pass along to their vendors rather than questions about the bill’s language specifically. Baker thanked Belcher for her request to have the bill written. Councilmember Knauff asked what is “hawkers and peddlers” as referenced in line 80 and if a license is needed. Baker replied that the bill doesn’t change that language as it currently appears in City Code, and is defined in another part of the Code as “a person who shall carry goods, wares or merchandise place to place either in person or by agent or employee and sell for delivery of the same time any such goods, wares or merchandise to any purchaser at wholesale or retail, and any person who shall solicit for the purpose of rendering any service shall be deemed a hawker or peddler…” He added that the proposed bill states that itinerant vendors are not hawkers and peddlers. Baker suggested that the definition of an outdoor dining area on lines 245-247 be changed to included the phrase “public right-of-way” instead of “public sidewalk” to compensate for the occasional closing of Capitol Street (or any other street) for outdoor dining. Councilmember Knauff expressed concern as to how close a street vendor could be to a brick and mortar business as well as who would assign spots if required. Baker replied that the only restriction mentioned is the distance from outdoor dining areas for noise considerations. As to who can pick where vendors can go is first come first serve, and the bill would mean that vendors cannot reserve spots in advance. Baker added that it doesn’t prohibit or impact food tracks from being on private property. Councilmember Knauff asked why restrictions on vendors parking near similar businesses was not included. Councilmember Adams replied that it was because of the legalities of determining what would be similar. Baker agreed it would be complicated to work out those details. Councilmember Overstreet confirmed that the vendors would have the same COVID-19 restrictions and approvals from the Health Department as brick and mortar businesses where it applies. Councilmember Wesley-Plear asked if there would be any additional restrictions to groups such as churches that have booths during Multi-Fest. Baker replied that it shouldn’t be a huge change, and that the organizers of those events will help them through the process, adding that B&O taxes would only be for for-profit organizations. Councilmembers Knauff and Wesley-Plear added that they would rather the bill return to the Committee as a Committee Substitute. Councilmember Adams motioned moved to approve the bill with the changes to lines 806, 555 and 245-247 as discussed. A roll call was taken: Yeas: Burton, Pharr, Overstreet Nays: Knauff, Wesley-Plear With a majority of members present recorded thereon as voting in the affirmative, Chairperson Jenkins declared Bill No. 7887 approved as a Committee Substitute. 3. Discussion – Charleston Convention Center & Visitors Bureau “Support Small CWV Campaign Burton stated that Mayor Goodwin and the City of Charleston, CVB, CAA and Charleston Main Streets recently announced the Support Small Business Holiday Campaign. He introduced Tim Brady, CVB CEO, to address the Committee. Brady stated that for the first time since he has been with the organization (8 years), all the groups mentioned are working cooperatively on one campaign, the goal of which is to support small business in Charleston for the 4th quarter of 2020, with the idea that it will become on overarching campaign. He added that the CVB’s primary function is to promote tourism in the City. During the pandemic, they have shifted their focus to support the local tourism infrastructure. Brady added that they have taken the concept of Small Business Saturday and spread it throughout the City, focusing on each neighborhood for a designated Saturday, crediting the genesis of that idea to Councilmember Bays. CAA has taken their Downtown Window Decorating Contest and expanded it throughout the City for the first time ever. They are creating a Small Business Holiday Gift Guide to encourage online shopping with local businesses. The CVB is creating a storytelling campaign called Charleston Needs, highlighting local businesses that do good work in the Community. Councilmember Knauff stated that as a member of Council, a sitting member of the Committee and a former Vice-Chair of the Committee he hoped that he will be allotted the time to state his questions completely and to have his questions answered completely. He stated: There is an impression that the City Economic Development money has gone to three different entities that may have formed an exclusive alliance to exclude other agencies. If so, that would be bad for the City as a whole. I hope that is not the case here, but these questions will have to be answered to disprove that. Councilmember Knauf asked how did these three agencies come together to form the campaign. Brady replied that Steve Rubin emailed him and said they were all going to promote shopping small this holiday season and they should all work together, and he thought it was a great idea. Mayor Goodwin confirmed that was similar to her experience. Councilmember Knauff asked why other agencies were excluded. When Brady asked what agencies were excluded, Councilmember Knauff replied that the Bigley Avenue Economic Development Foundation as well as new Downtown business group and possibly others were excluded. Brady replied that he couldn’t say that anyone was excluded intentionally. They have been in contact with the Downtown Merchants Association, and Charleston Main Streets could serve to encompass the Bigley Avenue area. Councilmember Knauff asked why other groups were excluded from the press conference. Brady replied that there was no attempt to exclude anyone. Councilmember Knauff asked if the CAA, CVB and Main Streets paid into the campaign. Brady replied that there were no fees involved, they just got together to try to do a good thing. Councilmember Knauff asked why the East End was separated from Downtown. Brady replied that to his knowledge the East End and West Side are designated neighborhoods, and that he represents the entire City of Charleston and Kanawha Valley. Councilmember Knauf asked if there was any evidence or data that the East End deserves its own week as compare to the West Side, Kanawha City, South Hills or Downtown. Brady replied that what they looked at in the meetings are the neighborhoods represented by Charleston Main Streets (East End and West Side). Councilmember Knauff added that, as a member of the URED Committee, he would like to see the East End produce some numbers specifically about how many people work in that business district as it relates to business revenue. He added that he asked Charleston Main Streets for this information months ago with no response. He stated that the West Side could easily be two to three times as big. Mayor Goodwin said she can follow up with Ric Cavender as Brady doesn’t represent any specific neighborhood. Councilmember Knauff asked why the CVB or CAA was tagging Main Streets in Kanawha City social media campaign posts when they don’t have a presence there. Mayor Goodwin replied that it was probably because they wanted to promote other areas of the City. Councilmember Knauff replied that was exclusionary, and that he has grave concerns about how the campaign was formed and its operation. Brady replied that he will make sure the Councilmember is included going forward as the goal is for this to be a long-term campaign and he is representing the CVB and is just trying to promote small business throughout the City of Charleston. Councilmember Knauff thanked Brady for answering his questions. Brady added that the CVB is funded by hotel/motel taxes, and what little money they are spending on this is campaign is part of their allocated budget, and does not receive a line item from the City of Charleston. Councilmember Wesley-Plear asked if they are taking nominations of businesses to include in the publication that they are putting together to promote small businesses. Brady replied that they are, and he can be contacted directly. Additionally, businesses can self-submit. Councilmember Wesley-Plear confirmed that North Charleston and the West Side were on the same day (December 12). Councilmember Pharr confirmed with Brady that the CVB meetings are open to the public. 4. Administrative Updates – Mayor Goodwin stated that the Administration had recently announced their Slack Plaza report, and they are working on developments for Downtown housing. Councilmember Knauff added that he specifically asked to go to the press conference on behalf of the Bigley Avenue Economic Development Foundation and was told no by someone. Councilmember Pharr said she had been contacted by business owners seeing fewer and fewer people come through their doors and are starting to become concerned. She asked if they could make a concerted effort to spread the word about the Small Business Campaign and to buy locally. Councilmember Burton agreed. Mayor Goodwin added that the first round of small business grants will be going out soon. Councilmember Knauff motioned to adjourn the meeting. Meeting adjourned.

Agenda

Packet

CITY OF CHARLESTON West Virginia Council Member – 13th WARD Brent Burton Urban Renewal and Economic Development, Chair 340 MacCorkle Ave SE Finance Committee Charleston, WV 25314 Parking Committee Telephone: 304.541‐0991 E‐mail: brent.burton@cityofcharleston.org TO: Urban Renewal and Economic Development Committee FROM: Brent Burton, Chair RE: Committee Meeting UNTIL FURTER NOTICE, MEETINGS WILL BE MADE AVAILABLE TO THE PUBLIC VIA ZOOM There will be a Committee meeting of Urban Renewal and Economic Development on November 12, 2020 at 5:00 PM. *Join via internet: https://us02web.zoom.us/j/86158408185?pwd=TlRlL1BvbENQWndRMjBPSkNvUGVZUT09 Passcode: 062801 *Join via Telephone: (312) 626‐6799 or (929) 436‐2866 Webinar ID: 861 5840 8185 Agenda available on CivicClerk: https://charlestonwv.civicclerk.com Agenda APPROVAL OF PREVIOUS MINUTES 1. 9‐21‐2020 BILLS 1. Bill No. 7887 ‐ A BILL to amend the Municipal Code of the City of Charleston, all relating to updating the regulation of street vendors and itinerant vendors; and creating certain business and occupation tax relief for street vendors and itinerant vendors. DISCUSSION 1. Charleston Convention & Visitors Bureau "Support Small CWV" campaign ADMINISTRATION UPDATES City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax Page | 1 of THE AGENDA WAS AMENDED 11‐9‐2020 BB/ns City Council | 501 Virginia Street, East | Post Office Box 2749 | Charleston, West Virginia 25330 www.charlestonwv.gov | 304.348.8179 | 304.348.8038 fax Page | 2 of MINUTES URBAN RENEWAL AND ECONOMIC DEVELOPMENT COMMITTEE MEETING 12:00 P. M., SEPTEMBER 23, 2020 A/V CONFERENCE ROOM Brent Burton, Chair, called the meeting of the Charleston City Council Committee on Urban Renewal and Economic Development to order at 12:00 p.m., SEPTEMBER 23, 2020, in the Audio/Visual Room in City Hall. Committee Members Present: Brent Burton, Chair Tiffany Wesley-Plear, Vice Chair Brady Campbell Adam Knauff Chuck Overstreet Jennifer Pharr (arrived after approval of minutes) 1. Approval of Previous Minutes – Councilmember Wesley-Plear moved to approve the minutes of the previous meeting on 2-6-2020. Councilmember Overstreet seconded. There was no objection and the minutes were approved. Page | 3 of 2. Presentation on the 2020 Downtown Charleston Housing Study ‐ Charleston Area Alliance (Susie Salisbury) & Bowen National Research (Patrick Bowen) - Councilmember Burton introduced Patrick Bowen from Bowen National Research and Susie Salisbury from the Charleston Area Alliance. He added that CAA hired Bowen to conduct a housing needs assessment of Downtown Charleston. Salisbury added that the update to the 2015 Downtown Housing Study was just completed, with a focus on Market Rate Housing to include rental and for-sale housing. CAA partnered with the Greater Kanawha Valley Foundation and United Bank for the study. Councilmember Knauff stated that since there was an economic study for Downtown went pretty far into the West Side, what was what was the basis or rationale for the most recent study. Salisbury added that the study was stretched over to Maryland Avenue as much of the “flats” are considered Downtown to include people looking for market rate housing. Bowen added that the inclusion of a few blocks won’t materially affect the conclusions of the study. Additionally, the study in 2015 looked at the entire spectrum of housing, while the current study focuses on Market Rate Housing. Highlight’s of Bowen presentation:  The study examined a large economic demographic, housing supply information (historical and current), transportation, parking, crime etc. that would affect why someone would choose to live Downtown or not. Additional information was gathered from an online survey. Case studies were performed on 4 other communities that examined downtown housing markets at different price points.  Showed how Downtown has historically changed from the rest of the City (with a stabilized growth). If nothing is done to encourage economic and housing growth, the area will start to lose additional households over the next 5 years. Age groups 65+ are expected to grow a lot, which points to an increased demand in senior housing.  Changes to housing by income are projected to increase in middle to upper income renters. Homeowner growth is expected in households with the highest incomes. Multi-family apartments have a 96.1% occupancy rate (the ideal is 94-96%). The City overall needs additional Market Rate Housing. Premium rates for rentals occur the most for 1-2-bedroom apartments. It is possible that there will be an increased demand for 2- bedroom apartments. There is a high demand for high-end rentals.  Most non-conventional rentals (single-family home, duplex, etc.) are priced at a premium.  For-sale housing is stable with price points slowly increasing. Average days on market is 80 days, which indicates a good level of demand.  The Downtown market is at a competitive disadvantage (older, smaller square footage, less choices, etc.). Page | 4 of  Commuting patterns show that 80% of the workforce does not live in Charleston. It is likely many of those people would be open to living Downtown if their requirements are met.  There are 2 Qualified Opportunity Zones in the Downtown area that provides incentives for developers.  Downtown case studies show similar cities to be Altoona, PA, Lancaster, PA, Huntington, WV and Chattanooga, TN. Projects in the downtowns of the cities added to their vibrancy, helped employers attract and retain employees, contributed to urban renewal, etc. It also included construction costs, uncertainty with downtown living, etc. The studies show that housing built downtown with the right product and the right price will be successful.  Recommendations: network and reach out to groups and developers to promote opportunities, more nightlife and retail opportunities are needed and encourage public/private partnerships. Councilmember Knauff confirmed that the study suggested that the focus be to smaller development rentals and away from condo units. Bowen added that while condos would be beneficial, the steady shift will be to smaller apartment rentals which will lead to bigger projects. Councilmember Wesley-Plear asked how much of the non-conventional housing is located on the West Side. Bowen replied that they didn’t break it out into geography beyond the Downtown area as opposed to the rest of the City. He added there is a map in the study. Councilmember Wesley-Plear asked if the housing around the King Center or Washington Manor were included. Bowen replied that the index in the back of the survey listed every project that was surveyed, but he did not know from memory. Salisbury added that the townhouses in front of Washington Manor (Clendenin Square/Charleston Village) were included. Bowen added that anything that would an affordable component (tax credit, government subsidized, etc.) would not have been included in the survey. Bowen added that the national average for pre-leasing is 10-20%, which is much lower than pre-leasing for the Atlas Building as stated by Councilmember Pharr. Councilmember Pharr added that many similar buildings in the area are prime for this sort of development. Todd Dorcas, from the Greater Kanawha Valley Foundation, asked if the study showed the percentage of renter versus ownership and how that compares city-wide. Bowen replied that it is estimated that 87.1% of units Downtown are renter occupied. The rest of the City is 46.2%. Dorcas asked if the population loss to the number of housing units consistent with typical demands. Bowen replied that it’s complicated, but he believes that there isn’t much of a choice Downtown (that does not include affordable housing). That is why he recommended building smaller rentals as a base and building condos and larger rental projects on top of that. Page | 5 of Councilmember Knauff asked what was the difference between somewhat and very walkable as listed in the study. He added that Kanawha Blvd was listed as somewhat, but he felt that it is a very walkable area. Councilmember Knauff additionally asked if parking concerns were included in the study. Bowen replied that the study broke down more walkability sports than would normally be done, and generally they found Downtown to be very walkable (yellow and green areas). Councilmember Knauff said that the study didn’t mention anything about grocery stores or access to fresh food, adding that if the area had been extended a block further, it would have included a Kroger. He asked if that should be a concern. Salisbury added that the Capital Market is also in the study area. Salisbury added that the City conducted a parking study several years ago and noted 30,000 parking spots Downtown. Councilmember Knauf agreed that Charleston has a lot of parking and would like to see it as a selling point. 3. Administrative Updates - Mayor Goodwin announced to the Committee that the City has received grant money to work on the development of Slack Plaza, adding that this will be a great opportunity to encourage urban growth. It will be a seamless connector for walkability as well as building on city center. A design draft was presented to the Committee. Mayor Goodwin added that it is more than just housing, that it is about the amenities and quality of life the City can offer to attract and keep citizens and businesses. Councilmember Knauff confirmed that there is a planned ice-skating rink. Councilmember Wesley-Plear asked if Slack Plaza could be rented out. Mayor Goodwin replied that is something that would need to be examined. Councilmember Pharr added that some younger professionals said they have stayed on the City because there is now more available housing Downtown. Councilmember Overstreet motioned to adjourn the meeting. Councilmember Pharr seconded. Meeting adjourned. Page | 6 of Bill No. 7887 Introduced in Council: Adopted by Council: November 2, 2020 Introduced by: Referred to: Ben Adams Urban Renewal and Economic Development 1 Bill No. 7887 - A BILL to amend and reenact Sections 18-611, 18-613, 18-631, 18-632, 2 18-633, and 18-634 of the Municipal Code of the City of Charleston, as amended; to 3 amend and reenact Sections 18-1031, 18-1032, 18-1033, 18-1034, 18-1035, 18-1036, 4 and 18-1037 of said Code; to amend said Code by adding thereto five new sections, 5 designated Sections 18-1038, 18-1039, 18-1040, 18-1041, and 18-1042; to amend and 6 re-enact Section 18-1061 of said Code; to amend said Code by repealing Sections 18- 7 1062, 18-1063, 18-1064, and 18-1065; to amend said Code by adding thereto a new 8 section, designated Section 18-1081, within a newly created Division 3 of Article XXII, 9 Chapter 18; and to amend and re-enact Section 110-63 of said Code, all relating to 10 updating the regulation of street vendors and itinerant vendors; and creating certain 11 business and occupation tax relief for street vendors and itinerant vendors. 12 13 WHEREAS, the City of Charleston is authorized to regulate the use of public streets for 14 public health, safety, welfare and convenience; 15 16 WHEREAS, the City of Charleston needs uniform taxation obligations and licensing 17 requirements for all street vendors and iterant vendors doing business within the City; 18 19 WHEREAS, the City of Charleston needs an equitable, uniform vending ordinance and 20 regulations in order to protect the public health and welfare and to ensure the safety of 21 pedestrians and vehicular traffic; 22 23 WHEREAS, the City of Charleston’s current vending ordinance and regulations are not 24 developed to adequately address the recent evolution of the mobile food vehicle industry 25 and other changes in general business practices and technology; 26 27 WHEREAS, mobile food vehicles have become a national trend and provide the useful 28 service of convenient and varied dining options; 29 30 WHEREAS, the mobile food industry has the unique potential to add vitality, culinary 31 creativity and life to the streets of Charleston, while providing jobs and opportunities to a 32 number of new entrepreneurs; and, 33 34 WHEREAS, the City of Charleston finds it in the best interest of the public to authorize 35 the operation of mobile food vehicles within the City, subject to regulations to protect the 36 safe and convenient use of public rights-of-way and to balance the rights and interests of Page | 7 of 37 these mobile businesses with those of established restaurant businesses. 38 39 NOW, therefore, be it ordained by the Council of the City of Charleston: 40 41 That Sections 18-611, 18-613, 18-631, 18-632, 18-633, and 18-634 of the Municipal Code 42 of the City of Charleston be amended and re-enacted; that Sections 18-1031, 18-1032, 43 18-1033, 18-1034, 18-1035, 18-1036, and 18-1037 of said Code be amended and re- 44 enacted; that said Code be amended by adding thereto five new sections designated 45 Sections 18-1038, 18-1039, 18-1040, 18-1041, and 18-1042; that Section 18-1061 of said 46 Code be amended and re-enacted; that said Code be amended by repealing Sections 47 18-1062, 18-1063, 18-1064, and 18-1065; that said Code be amended by adding thereto 48 a new section, designated Section 18-1081, within a newly created Division 3 of Article 49 XXII, Chapter 18; and that Section 110-63 of said Code be amended and re-enacted, all 50 to read as follows: 51 52 CHAPTER 18 – BUSINESS. 53 ARTICLE XIV. ITINERANT VENDORS. 54 DIVISION 1. – GENERALLY. 55 56 Sec. 18-611. - Definitions; exemptions. 57 58 (a) The following words, terms and phrases, when used in this article, shall have 59 the meanings ascribed to them in this section, except where the context clearly indicates 60 a different meaning: 61 62 Itinerant vendor means and includes all persons, whether working independently 63 or as part of an organized event under the umbrella of a promoter, sponsor, or organizer 64 of an event, who engage or conduct within this city, either in one locality or in traveling 65 from place to place, a temporary or transient business of selling goods, wares and 66 merchandise; and who, for the purpose of carrying on such business, use, lease or 67 occupy either in whole or in part, a room, building or other structure, or who use, lease or 68 occupy for such purposes a room in any hotel or other structure, for the exhibition and 69 sale of such goods, wares and merchandise; and the person so engaged shall not be 70 relieved from the provisions of this article by reason of association temporarily with any 71 local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient 72 business in connection with or as part of the business of, or in the name of, any local 73 dealer, trader, merchant or auctioneer. Itinerant vendor shall not include those individuals 74 engaged in business under Article XXII as a street vendor using a Nonmotorized Vending 75 Unit or Mobilized Vending Vehicle. 76 77 (b) The provisions of this article shall not apply to special sales nor to persons 78 conducting special sales within the purview of article VIII of this chapter; nor to sales made 79 to persons engaged in wholesale or retail business by commercial travelers or selling 80 agents in the usual course of business; nor to hawkers or peddlers in the streets, roads 81 or highways, from packs or vehicles as defined in section 18-491; nor to persons selling 82 meat or the products of the farm, garden or dairy; nor to any sales of goods, wares or Page | 8 of 83 merchandise on the grounds of any agricultural association during the continuance of any 84 annual fair held by such association; nor to any sales by societies acting for charitable, 85 religious or benevolent purposes; nor to judicial sales directed by law, or under the orders 86 of any court; nor to the sales of the common necessities of life in any public market place. 87 88 Sec. 18-613. Scope of article. Rules and regulations under article. 89 90 The City of Charleston City Collector’s Office is hereby authorized to promulgate 91 reasonable rules and regulations regarding the administration of the requirements of this 92 article, including the review of all Itinerant Vendor business license and applications. 93 Copies of such regulations, as amended from time to time, shall be maintained by the 94 City Collector’s Office, posted on the City’s website and on file in the City Clerk’s office, 95 and shall be available to interested parties at all reasonable times. 96 97 The provisions of this article shall not apply to: 98 99 (1)Sales at trade shows or conventions, expos, arts and crafts fairs, and other similar 100 events, or sales by entities at events registered with the Charleston Regatta Commission, 101 or sales by entities at events hosted by a nonprofit or political subdivision; 102 103 (2)Special sidewalk sales, festivals or other special events allowed by special permit or 104 ordinance; or 105 106 (3)Any city-sponsored event. 107 108 Secs. 18-614—18-630. - Reserved. 109 110 DIVISION 2. - LICENSE 111 112 Sec. 18-631. - Application for license and requirements for certain class of sales. 113 114 An applicant for an itinerant vendor’s license shall file an application with the City 115 of Charleston City Collector’s Office on such form as prescribed by the city collector. Each 116 applicant for an itinerant vendor's license who proposes to advertise, represent or hold 117 forth a sale of goods, wares or merchandise as a bankrupt, insolvent, assignee, trustee, 118 executor, administrator, receiver, attorney, manufacturer's wholesale sale, or a sale of 119 any goods damaged by smoke, fire, water or otherwise shall state in writing, under oath, 120 to the city collector at the time he makes application for a license, all the facts relating to 121 the reason and character of such sale as proposed to be advertised, held forth or 122 represented, including a statement of the names of the persons from whom such goods, 123 wares or merchandise were purchased and the date of the delivery to the person applying 124 for license; the place, if any, where such goods, wares or merchandise were previously 125 exposed for sale, and such details as are necessary to locate exactly and identify fully all 126 such goods, wares and merchandise proposed to be sold. Such applicant shall also 127 include in such statement the name and residence of the owner in whose interest the 128 business is conducted. Page | 9 of 129 130 Sec. 18-632. - Denial of license when special sales license required instead; 131 preservation of applications and availability to public; reassessment and appeal. 132 133 (a) The city collector, upon receipt of a sworn application as provided in section 134 18-631 shall, before issuing the license applied for, first satisfy himself confirm that the 135 proposed sales are not within the purview of article VIII of this chapter; and the city 136 collector shall not issue an itinerant vendor's license for any purpose for which a special 137 sales license is required under the provisions of article VIII of this chapter. 138 139 (b) Each application as provided in section 18-631 shall be kept on file in the office 140 of the city collector, and a record shall be kept by the city collector of all such statements 141 in convenient form and open to public inspection. 142 143 (c) The city collector may summarily deny or revoke an Itinerant Vendor’s business 144 license pursuant to the provisions of this Code: (1) for any reason aforementioned; (2) 145 for violation of any term or condition of such license promulgated hereafter; (3) for 146 violation of any pertinent provision of state law, this Code or other ordinance or rules and 147 regulations promulgated thereto; or (4) for the perpetration or attempted perpetration of 148 fraud, malpractice or malfeasance by the licensee. 149 150 (d) Any Itinerant Vendor whose license has been denied or revoked may request 151 reconsideration from the city collector. The request for reconsideration must be received 152 within 20 days from the date of receipt of the revocation and shall include a written 153 explanation stating with particularity the reason for the request. Upon receipt of a timely 154 request for reconsideration, the vendor shall be entitled to a formal hearing before the city 155 collector or a hearing examiner designated by the city collector in order to provide the 156 vendor with an opportunity to show that the action taken was incorrect or contrary to law, 157 in whole or in part, after which hearing, the city collector or the designee shall either grant 158 or deny the request with justification thereof in writing within 15 days of the hearing. If the 159 request for reconsideration is denied, the Itinerant Vendor may appeal within 30 days 160 from the date of the denial or revocation of the license to the Circuit Court of Kanawha 161 County in the manner prescribed by law for an appeal of an administrative decision. 162 163 Sec. 18-633. - License fee. 164 165 The annual license fee to carry on the business of itinerant vendor shall be $20.00. 166 Dishonored checks shall be subject to a $15.00 returned check fee in addition to the 167 $20.00 license fee. 168 169 Sec. 18-634. - Bond required and additional requirements. 170 171 (a) Every itinerant vendor shall execute a continuing bond in the form prescribed 172 by the city collector, with satisfactory corporate surety, in the penalty of $5,000.00, 173 payable to the city, conditioned that such itinerant vendor will pay all damages accruing 174 to any person by reason of any act or action done, performed or taken by such itinerant Page | 10 of 175 vendor in or about the conduct of his business, and further conditioned that such itinerant 176 vendor will pay all taxes, fees and penalties imposed by this city; however, the aggregate 177 liability of the surety for all such damages, taxes, fees and penalties shall, in no event, 178 exceed the sum of the bond. This bond shall be filed with the city collector and shall be 179 open to inspection during business hours to any person desiring to inspect it. 180 181 (b) Prior to the issuance of an itinerant vendor license, the applicant must agree, 182 in writing, that it shall indemnify, defend, and save harmless the City, its officers, agents, 183 and employees, from and against all liability, claims, suits, damages, losses, costs, 184 attorneys’ fees and expenses of any or all types arising out of, or related in any way to 185 the operations or activities of the Itinerant Vendor. 186 187 (c) All Itinerant Vendors are responsible for complying with taxation requirements 188 as provided in this Code, including but not limited to the Business and Occupation Tax as 189 imposed in Sections 110-52 through 110-59. Nothing in this subsection shall be construed 190 as permitting the City to tax in violation of the Constitution or laws of this state or the 191 United States. 192 193 Secs. 18-635—18-660. - Reserved. 194 195 ARTICLE XXII. STREET VENDORS. 196 DIVISION 1. GENERALLY. 197 Sec. 18-1031. Definitions. 198 199 The following words, terms and phrases, when used in this article, shall have the 200 meanings ascribed to them in this section, except where the context clearly indicates a 201 different meaning: 202 203 Central vending district means the area bounded on the north by Washington Street, 204 on the east by Broad Street, on the south by the Kanawha River, and on the west by 205 Pennsylvania Avenue. Vending sites within the district shall be identified by the city 206 collector in accordance with this division and such other regulation as the city collector 207 may promulgate pursuant hereto. Such regulations promulgated by the city collector must 208 be approved by the city council. 209 210 Approved public right-of-way means publicly owned property including, but not limited 211 to, a park, plaza, road, sidewalk or parking space in an area zoned commercial, industrial, 212 central business, urban corridor, professional or medical campus, or otherwise 213 designated by the city manager for use by Street Vendors: Provided, That the city 214 manager may also exclude areas from the generally approved zones. 215 216 Mobilized Vending Vehicle means a readily movable motorized vehicle whose 217 operator may, upon issuance of a business license and street vending permit by the City, 218 and in conformance with the rules and regulations established pursuant to this Article, 219 along with all applicable parking and traffic regulations, temporarily park such vehicle 220 upon an approved public right-of-way to engage the lawful sale of a service or sale of Page | 11 of 221 tangible personal property, including but not limited to, goods, merchandise, food or 222 beverages, and specifically including the preparation, service, sale or distribution of 223 ready-to-eat food and/or beverages for individual portion service to the general public 224 directly from the vehicle, commonly referred to as “food trucks”. 225 226 Nonmotorized Vending Unit means a readily movable nonmotorized device, including 227 but not limited to, a pushcart, table, or stand whose operator may, upon issuance of a 228 business license and street vending permit by the City and in conformance with the rules 229 and regulations established pursuant to this Article, temporarily set up such device on an 230 approved public right-of-way and engage in the lawful sale of a service or sale of tangible 231 personal property, including but not limited to, goods, merchandise, food or beverages. 232 233 Street Vendor means and includes any person, except itinerant vendors, who 234 possesses a valid street vending permit issued by the City Collector’s Office to engages 235 engage in or conducts conduct the business of selling a service or tangible personal 236 property including but not limited to goods, merchandise, food, or beverages upon any 237 approved public right-of-way, either as principal or agent, and whether working 238 independently or as part of an organized event under the umbrella of a promoter, sponsor, 239 or organizer of an event in the city. a business selling goods, wares, merchandise, food, 240 confectionery or drink upon any street, sidewalk or public park. Street Vendors include 241 both those persons that operate from a Nonmotorized Vending Unit, including but not 242 limited to, pushcarts, tables, or stands, as well as those persons that operate from a 243 Mobilized Vending Vehicle. 244 245 Outdoor dining area means a confined area of the public sidewalk or private property, 246 which area is adjacent to an operator's building/permanent structure, where patrons may 247 sit at tables while consuming food and beverages. 248 249 Sec. 18-1032. Penalties. Rules and regulations under article; designation of 250 Approved public rights-of-way. 251 252 In addition to any penalties or sanctions provided in this article, the violation of any 253 requirement of this article shall constitute an offense punishable in municipal court with 254 penalty for violation of a fine not to exceed $500.00 and imprisonment of not more than 255 30 days, or both, for each such offense. 256 257 (a) The City of Charleston City Collector’s Office is hereby authorized to 258 promulgate reasonable rules and regulations regarding the administration of the 259 requirements of this article, including the review of all Street Vendor business license and 260 permit applications. Copies of such regulations, as amended from time to time, shall be 261 maintained by the City Collector’s Office, posted on the City’s website and on file in the 262 City Clerk’s office, and shall be available to interested parties at all reasonable times. 263 264 (b) The generally approved public rights-of-way are defined in Section 18-1031 of 265 this Code. The city manager shall have the authority to designate additional approved 266 public rights-of-way, or portions thereof, for use by Street Vendors; provided, the city Page | 12 of 267 manager, at his or her discretion, shall also have the authority to suspend the use of 268 approved public rights-of-way by Street Vendors with or without prior notice for special 269 events or other reasons deemed necessary and appropriate by the city manager. 270 271 Sec. 18-1033. Scope of Article. 272 273 The provisions of this Article shall apply to all Street Vendors engaged in the business of 274 selling a service or tangible personal property including but not limited to distributing 275 goods, merchandise, food or beverages with or without charge from a Nonmotorized 276 Vending Unit on an approved public right-of-way and Street Vendors preparing, selling or 277 distributing food and/or beverages with or without charge from a Mobilized Vending 278 Vehicle on an approved public right-of-way subject to the requirements set forth herein. 279 280 The provisions of this article shall not apply to: 281 282 (1) Sales governed by article XIV of this chapter or sales made to dealers by 283 commercial travelers or selling agents in the usual course of business; 284 (2) Bona fide sales of goods, wares or merchandise by samples for future delivery; 285 (3) Sales at trade shows or conventions, expos, arts and crafts fairs, and other similar 286 events, or sales by entities at events registered with the Charleston Regatta Commission, 287 or sales by entities at events hosted by a nonprofit or political subdivision; 288 (4) Special sidewalk sales, festivals or other special events allowed by special permit 289 or ordinance; or 290 (5) Any city-sponsored event. 291 292 Sec. 18-1034. Categories for street vending. Business license required; application, 293 fee. 294 295 The types of businesses or activities that are permitted in the central vending district 296 shall be defined by the following classifications: 297 298 (1) Classification A: All nonfood items such as T-shirts, sweatshirts, arts/crafts, 299 flowers, and any miscellaneous items that are not food products. 300 (2) Classification B: All food products that do not require cooking such as fruits, 301 vegetables and nonperishable food items that are prepackaged by the manufacturer. 302 (3) Classification C: All food products that require cooking or heating or a health 303 permit. 304 305 (a) No person shall engage in the business or trade of a Street Vendor without first 306 obtaining a business license from the city collector; provided, however, that any person 307 who already possesses a valid business license issued by the city collector for the same 308 type of business as that in which it wishes to engage in as a Street Vendor shall not be 309 required to obtain a separate business license for street vending purposes. 310 311 (b) An applicant for a business license shall file an application with the City of 312 Charleston City Collector’s Office on such form as prescribed by the city collector. The Page | 13 of 313 applicant may be an individual or a firm or corporation on behalf of an individual. In the 314 case where a person, firm or corporation applies for the license on behalf of an individual, 315 the license shall be issued in the name of the applicant; and the license shall also bear 316 the name of the Street Vendor on whose behalf the license is issued. 317 318 (c) The license fee for engaging in the business of a Street Vendor shall be $20.00 319 per calendar year, or any portion thereof. Dishonored checks shall be subject to a $15.00 320 returned check fee in addition to the $20.00 license fee. 321 322 Sec. 18-1035. Street sales. Revocation of business license. 323 324 (a) No person licensed as a vendor shall demonstrate, sell or offer for sale or barter 325 any goods, wares, merchandise, food, confection or drink upon any street or sidewalk or 326 any other city-owned property within the city except in accordance with all of the following 327 provisions: 328 329 (1) No merchandise shall be displayed or sold except in the locations designated in 330 the rules and regulations of the city collector, and approved by the city council. 331 (2) No merchandise shall be displayed or sold in a manner that blocks, obstructs or 332 restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks, 333 streets or public places or ingress or egress to the abutting property. 334 (3) All merchandise shall be displayed or sold from portable tables, carts or containers 335 as approved by the city collector. Each vendor shall remove all merchandise, packaging, 336 paper, display tables, carts or containers, or other materials brought to the location at the 337 termination of sales each day. 338 (4) No vendor's table, cart, container or other appurtenances, paraphernalia, 339 merchandise, supplies or signage shall occupy an area more than three feet in width and 340 eight feet in length. 341 (5) Each vendor during the period of selling shall keep the area within ten feet of the 342 location where the vendor sells or displays merchandise free from all litter and debris 343 arising from the operations, including the litter which arises from action of customers in 344 disposing of wrapping or packaging materials of merchandise sold by the vendor. 345 (6) Vendors shall at all times exercise reasonable care that their merchandise, 346 packaging material, display equipment and other paraphernalia shall not create a safety 347 or health hazard to customers or other persons using the public streets, sidewalks or 348 public places, or to persons on or in abutting property. 349 (7) No street sales shall be conducted nor shall any display table, cart, container or 350 other appurtenances be permitted on any public property between the hours of 12:00 351 midnight and 6:00 a.m. daily. Any other ordinance prescribing more restrictive hours shall 352 prevail. 353 (8) No items of a pornographic nature shall be sold or displayed by street merchants. 354 (9) The playing of any radio, phonograph, or any musical instrument or device in such 355 a manner or with such volume as to annoy or disturb the quiet comfort and repose of store 356 owners, employees or patrons in the central vending district is prohibited pursuant to 357 section 78-212 358 Page | 14 of 359 b. Nothing in this section shall be construed to prohibit the distribution or the sale of 360 newspapers on the sidewalks. 361 362 The city collector, upon reasonable notice provided in writing to the licensee 363 through certified mail or personal service, may summarily revoke a Street Vendor’s 364 business license pursuant to the provisions of this Code: (1) for any reason which would 365 have been grounds for denial of such license when first issued; (2) for violation of any 366 term or condition of such license; (3) for violation of any pertinent provision of state law, 367 this Code or other ordinance or rules and regulations promulgated thereto; or (4) for the 368 perpetration or attempted perpetration of fraud, malpractice or malfeasance by the 369 licensee. 370 371 Sec. 18-1036. Compliance with guidelines. Request for reconsideration and appeal 372 of revocation of business license. 373 374 The city collector's office may conduct site checks to determine if vendors are in 375 compliance with the guidelines. Upon inspection, if a violation is found, vendors are 376 immediately issued site check forms which indicate specific regulation violations. Vendors 377 will be given no more than 24 hours to correct cited violations. Upon the receipt of three 378 cited violations within 90 days, the city collector may issue a notice terminating the license 379 for the remainder of the current licensing period. 380 381 Any Street Vendor whose license has been revoked may request reconsideration 382 from the city collector. The request for reconsideration must be received within 20 days 383 from the date of receipt of the revocation and shall include a written explanation stating 384 with particularity the reason for the request. Upon receipt of a timely request for 385 reconsideration, the Street Vendor shall be entitled to a formal hearing before the city 386 collector or a hearing examiner designated by the city collector in order to provide the 387 vendor with an opportunity to show that the action taken was incorrect or contrary to law, 388 in whole or in part, after which hearing, the city collector or the designee shall either grant 389 or deny the request with justification thereof in writing within 15 days of the hearing. If the 390 request for reconsideration is denied, the Street Vendor may appeal within 30 days from 391 the date of the denial or revocation of the license to the Circuit Court of Kanawha County 392 in the manner prescribed by law for an appeal of an administrative decision. 393 394 Sec. 18-1037. Street vending permit required; application, fees. 395 396 The violation of any requirement of this article, or of any rule or regulation 397 promulgated pursuant to this article, or of any ordinance or law shall be grounds for 398 immediate revocation of the Street Vendor's permit by the city collector. 399 400 (a) No person or business entity, including a religious or charitable organization, 401 shall operate a Nonmotorized Vending Unit or a Mobilized Vending Vehicle upon the 402 public right-of-way within the City without a street vending permit. 403 Page | 15 of 404 (b) An applicant for a street vending permit shall file an application with the City of 405 Charleston City Collector’s Office on such forms and subject to such procedures as the 406 City Collector’s Office may establish. All applicants serving food shall submit with their 407 application evidence of approval from the Kanawha-Charleston Health Department. 408 409 (c) The City may charge an administrative fee for permits not to exceed $20.00 per 410 permit per calendar year, or any portion thereof. Dishonored checks shall be subject to a 411 $15.00 returned check fee in addition to the $20.00 permit fee. 412 413 (d) Permits are nontransferable, and each Nonmotorized Vending Unit or Mobilized 414 Vending Vehicle must have its own permit which shall be posted at all times on or in the 415 Nonmotorized Vending Unit or Mobilized Vending Vehicle, visible to customers and the 416 public. 417 418 (e) Permits shall be renewable on a calendar year basis and shall expire on 419 December 31 of each year: Provided, That any street vendor permit granted under the 420 previous version of this Municipal Code for the fiscal year ending June 30, 2021, shall be 421 automatically extended and deemed to expire on December 31, 2021. 422 423 Sec. 18-1038. Additional Requirements. 424 425 (a) Prior to the issuance of a street vending permit, the applicant must agree, in 426 writing, that it shall indemnify, defend, and save harmless the City, its officers, agents, 427 and employees, from and against all liability, claims, suits, damages, losses, costs, 428 attorneys’ fees and expenses of any or all types arising out of, or related in any way to 429 the operations or activities of the Street Vendor. 430 431 (b) An applicant seeking a permit for a Nonmotorized Vending Unit or Mobilized 432 Vending Vehicle shall maintain such general liability insurance with at least $1,000,000 433 coverage per each occurrence and shall name as additional insured the City of 434 Charleston, its agents, officers, directors, and employees. A copy of said insurance policy 435 shall be furnished to the City of Charleston. 436 437 Sec. 18-1039. Revocation of street vending permit. 438 439 The city collector, upon reasonable notice provided in writing to the Street Vendor 440 through certified mail or personal service, may summarily revoke a Street Vendor’s permit 441 pursuant to the provisions of this Code: (1) for any reason which would have been 442 grounds for denial of such permit when first issued for: (2) for violation of any term or 443 condition of such permit; (3) for violation of any pertinent provision of state law, this Code 444 or other ordinance or rules and regulations promulgated thereto; or (4) for the perpetration 445 or attempted perpetration of fraud, malpractice or malfeasance by the permittee. 446 447 Sec. 18-1040. Request for reconsideration and appeal of revocation of street 448 vending permit. 449 Page | 16 of 450 Any Street Vendor whose permit has been revoked may request reconsideration 451 from the city collector. The request for reconsideration must be received within 20 days 452 from the date of receipt of the revocation and shall include a written explanation stating 453 with particularity the reason for the request. Upon receipt of a timely request for 454 reconsideration, the Street Vendor shall be entitled to a formal hearing before the city 455 collector or a hearing examiner designated by the city collector in order to provide the 456 vendor with an opportunity to show that the action taken was incorrect or contrary to law, 457 in whole or in part, after which hearing, the city collector or the designee shall either grant 458 or deny the request with justification thereof in writing within 15 days of the hearing. If the 459 request for reconsideration is denied, the Street Vendor may appeal within 30 days from 460 the date of the denial or revocation of the license to the Circuit Court of Kanawha County 461 in the manner prescribed by law for an appeal of an administrative decision. 462 463 Sec. 18-1041. Compliance with federal, state and local laws and regulations. 464 465 (a) The operation of a Nonmotorized Vending Unit or Mobilized Vending Vehicle 466 pursuant to a street vending permit granted under this Article shall comply with all 467 provisions of state and local building and fire codes, as well as all state and local health 468 laws and regulations regarding the service and preparation of food, if applicable. Nothing 469 in this article shall be intended to alter or abridge any applicable federal, state and local 470 laws, unless specifically stated herein with respect to the Municipal Code of the City of 471 Charleston. 472 473 (b) Nothing in this article shall be intended to alter or abridge the prohibition of 474 service of alcoholic beverages or possession thereof on public property in the City, as set 475 forth in applicable West Virginia Code and Section 78-211(b) of the Municipal Code of the 476 City of Charleston. 477 478 (c) All Street Vendors are responsible for complying with all taxation and fee 479 requirements as provided in this Code, including but not limited to the Business and 480 Occupation Tax as imposed in Sections 110-52 through 110-59 and the City Service Fee 481 as imposed in Section 2-737. However, the taxation and fee requirements for Street 482 Vendors shall be on an annual filing basis for the entire calendar year on forms prescribed 483 by the City Collector, rather than by quarterly filing. Failure to properly file the required 484 annual tax return will result in the withholding or suspension of a Street Vendor license 485 and permit. 486 487 Sec. 18-1042. Penalty. 488 489 In addition to any penalties or sanctions provided in this Article, the violation of any 490 requirement of this Article shall constitute an offense punishable by a civil penalty not to 491 exceed $500.00 for each offense. Each day of violation shall be considered a separate 492 offense. Any person assessed such a civil penalty shall have the right to appeal the civil 493 penalty to the municipal court by posting bond equivalent to the penalty with the municipal 494 court within thirty days of the date of the assessment and the municipal court shall set the 495 matter for a hearing within six weeks of the appeal. Page | 17 of 496 497 Secs. 18-103743—18-1060. Reserved. 498 499 DIVISION 2. LICENSE NONMOTORIZED VENDING UNITS; PUSHCARTS, TABLES 500 AND STANDS 501 502 Sec. 18-1061. Operation without license unlawful; failure to display license 503 unlawful. Standards for Nonmotorized Vending Units. 504 505 No person shall engage in the business or trade of street vendor without first obtaining a 506 license from the city collector. The license shall be displayed conspicuously at all times 507 upon the vendor's table, cart or container. Any and all additional licenses or permits 508 required pursuant to law shall be displayed conspicuously at all times upon the vendor's 509 table, cart or container. Each day's operation of such business without a license shall 510 constitute a separate offense. 511 512 (a) It shall be unlawful to leave any Nonmotorized Vending Unit unattended on an 513 approved public right of way or remain on an approved public right of way outside of the 514 allowed hours of operation. If any Nonmotorized Vending Unit is left unattended for more 515 than 30 minutes, it will be considered abandoned and may be removed by the City. If 516 removed by the City consistent with this subsection, the Street Vendor shall be liable for 517 all reasonable removal and storage charges. The City may also require additional 518 restrictions to abate nuisances. 519 520 (b) A Street Vendor may not operate a Nonmotorized Vending Unit within two 521 hundred (200) feet of any event that is licensed or sanctioned by the City, unless the 522 Street Vendor is an authorized participant in such event. 523 524 (c) A Street Vendor operating a Nonmotorized Vending Unit may not make or 525 cause to be made any unreasonable or excessive noise in violation of Section 78-212 of 526 this Code, including noise from generators. Any Street Vendor operating a Nonmotorized 527 Vending Unit in conjunction with an operational generator may not operate within 50 feet 528 from any outdoor dining area as defined in this Article. A Street Vendor may not use or 529 maintain any outside sound amplifying equipment, lights, or noisemakers, such as bells, 530 horns or whistles or similar devices. A Street Vendor engaging in food service shall take 531 all reasonable steps to prevent activity akin to a nuisance, including but not limited to 532 smoke and steam emissions. 533 534 (d) With the exception of trash bins, a Street Vendor operating a Nonmotorized 535 Vending Unit may not use or place on the approved public right-of-way any external 536 signage, tables, seating, or any other equipment not contained within or upon the 537 Nonmotorized Vending Unit. 538 539 (e) A Street Vendor operating a Nonmotorized Vending Unit may not have any 540 exclusive and/or perpetual right to use any location upon the streets, alleys, or public 541 grounds of the City. All locations designated as approved public rights-of-way for Page | 18 of 542 Nonmotorized Vending Units shall be available on a first come, first served basis with no 543 particular location(s) assigned to any particular Street Vendor(s). Notwithstanding, the 544 City may assign locations for Street Vendors during city-sponsored events. 545 546 (f) A Street Vendor operating a Nonmotorized Vending Unit may not conduct 547 business on an approved public right-of-way between the hours of 4 a.m. and 6 a.m. nor 548 may any Nonmotorized Vending Unit be permitted to remain on an approved public right- 549 of-way between the hours of 4 a.m. and 6 a.m. 550 551 (g) A Nonmotorized Vending Unit operating within the designated locations may 552 not be of a size or configuration as to interfere with City or public use of any public right- 553 of-way or impede ingress or egress by vehicles or pedestrians. 554 555 (h) An unobstructed clearance for pedestrian travel must be maintained around 556 any Nonmotorized Vending Unit. 557 558 (i) An unobstructed clearance of 42 inches, must be maintained between a fire 559 hydrant and any Nonmotorized Vending Unit. 560 561 (j) A Street Vendor operating a Nonmotorized Vending Unit may not park such Unit 562 on a utility/manhole cover located upon an approved public right-of-way. 563 564 (k) Street Vendors shall obey any lawful order of a police officer to move a 565 Nonmotorized Vending Unit to a different approved location, or to remove it entirely, if 566 necessary to avoid congestion or obstruction of a public right-of-way, or for the City’s use 567 of such right-of-way for emergency purposes, construction or any other public benefit 568 deemed necessary or appropriate at the discretion of the officer including but not limited 569 to nuisance abatement. 570 571 (l) Any power required for a Nonmotorized Vending Unit located on an approved 572 public right-of-way shall be self-contained and it may not draw its power from the public 573 right-of-way, except where approved by the city manager. Power cables or equipment 574 may not extend across any public street, alley or sidewalk. 575 576 (m) Street Vendors operating a Nonmotorized Vending Unit shall contain all refuse 577 within the Nonmotorized Vending Unit, or provide a small moveable trash can maintained 578 by the Street Vendor and located adjacent to the Nonmotorized Vending Unit in such a 579 manner as not to block or otherwise obstruct pedestrian or vehicular traffic. The operator 580 of the Nonmotorized Vending Unit shall be responsible for properly disposing of such 581 refuse as would any business, and shall not place it in any public trash container, or in 582 any private container without proper permission. Spills of food or food by-products shall 583 be cleaned up by the Street Vendor operating the Nonmotorized Vending Unit, and no 584 dumping of gray water on the streets is allowed. 585 586 (n) Any signage or advertising signs shall be maintained by the Street Vendor and 587 located adjacent to the Nonmotorized Vending Unit in such a manner as not to block or Page | 19 of 588 otherwise obstruct pedestrian or vehicular traffic. 589 590 (o) The Street Vendor’s license shall be displayed conspicuously at all times upon 591 the vendor's table, cart or container. Any and all additional licenses or permits required 592 pursuant to law and this article shall be displayed conspicuously at all times upon the 593 vendor's table, cart or container. 594 595 (p) Nothing in this Section shall be construed to prohibit the distribution or the sale 596 of newspapers on the sidewalks. 597 598 Sec. 18-1062. License fees. 599 600 The license fee for engaging in the trade or business of street vendor shall be $20.00 601 per fiscal year, or any portion. Dishonored checks shall be subject to a $15.00 return 602 check fee in addition to the $20.00 license fee. 603 604 Sec. 18-1063. Application and issuance of vendor's license; general liability 605 insurance required; procedures. 606 607 (a) Each applicant for a vendor's license shall file an application with the city collector 608 in such form as prescribed by the city collector. The applicant may be an individual or a 609 firm or corporation on behalf of an individual. In the case where a person, firm or 610 corporation applied for the license on behalf of an individual, the license shall be issued 611 in the name of the applicant; and the license shall also bear the name of the vendor on 612 whose behalf the license is issued. 613 614 (b) All food vendor applicants under classification C of section 18-1034 shall submit 615 with their application evidence of approval from the Kanawha-Charleston Health 616 Department for the type of food to be sold. 617 618 (c) No license shall be issued or shall remain in effect unless such vendor can 619 demonstrate to the city collector proof of general public liability insurance in the aggregate 620 sum of $500,000.00, naming the city as additional insured, with assurance that the city 621 will be advised by the insurance carrier if the insurance is canceled. In addition, such 622 vendor shall enter into a hold-harmless agreement with the city. 623 624 (d) All street vendor applicants shall be given a copy of the rules and regulations for 625 street vendors and are charged with knowledge of such rules and regulations. 626 627 Sec. 18-1064. Revocation. 628 629 The violation of any requirement of this division, or of any rule or regulation 630 promulgated pursuant to this division, or of any ordinance or law shall be grounds for 631 immediate revocation of the vendor's license by the city collector. 632 633 Sec. 18-1065. Appeal of revocation. Page | 20 of 634 635 Any vendor who feels aggrieved by the revocation of the vendor's license or other 636 adverse action taken by the city collector may, by filing a written request with the city 637 collector within ten days, obtain reconsideration by the city collector. If requested, the 638 vendor shall be entitled to a formal hearing before the city collector or a hearing examiner 639 designated by the city collector in order to provide the vendor with an opportunity to show 640 that the action taken was incorrect or contrary to law, in whole or in part, after which 641 hearing, the city collector shall, within a reasonable time, give notice in writing of his 642 decision. Such appeal, unless and until the ruling of the city collector is modified or 643 rescinded, shall not effect any stay of the action taken by the collector which is being 644 appealed. Further appeal may be taken by the vendor to the circuit court by certiorari in 645 the manner prescribed by law. 646 647 Secs. 18-106662—18-11601080. Reserved. 648 649 DIVISION 3. MOBILIZED VENDING VEHICLES. 650 651 Sec. 18-1081. Standards for Mobilized Vending Vehicles. 652 653 (a) It shall be unlawful to leave any Mobilized Vending Vehicle unattended on an 654 approved public right-of-way or remain on an approved public right-of-way outside of the 655 allowed hours of operation unless the same is legally parked in a manner consistent with 656 all parking and traffic regulations. A Mobilized Vending Vehicle left unattended in violation 657 of this subsection shall be subject to citation(s) for traffic/parking violations and may be 658 towed by the City. If removed by the City consistent with this subdivision, the Street 659 Vendor shall be held liable for all reasonable towing and storage charges. The City may 660 also require additional restrictions to abate nuisances. 661 662 (b) A Street Vendor may not operate a Mobilized Vending Vehicle within two 663 hundred (200) feet of any event that is licensed or sanctioned by the City, unless the 664 Street Vendor is an authorized participant in such event. 665 666 (c) A Street Vendor operating a Mobilized Vending Vehicle may not make or cause 667 to be made any unreasonable or excessive noise in violation of Section 78-212 of this 668 Code, including noise from generators. Any Street Vendor operating a Mobilized Vending 669 Vehicle in conjunction with an operational generator may not operate within 50 feet from 670 any outdoor dining area as defined in this Article. A Street Vendor may not use or maintain 671 any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or 672 whistles or similar devices. A Street Vendor engaging in food service shall take all 673 reasonable steps to prevent activity akin to a nuisance, including but not limited to smoke 674 and steam emissions. 675 676 (d) With the exception of trash bins, a Street Vendor operating a Mobilized Vending 677 Vehicle may not use or place on the public right-of-way any external signage, tables, 678 seating, or any other equipment not contained within or upon the Mobilized Vending 679 Vehicle. Page | 21 of 680 681 (e) A Street Vendor operating a Mobilized Vending Vehicle may not have any 682 exclusive and/or perpetual right to use any location upon the streets, alleys, or public 683 grounds of the City. All locations designated as approved public rights-of-way for 684 Mobilized Vending Vehicles shall be available on a first come, first served basis with no 685 particular location(s) assigned to any particular Street Vendor(s). Notwithstanding, the 686 City may assign locations for Street Vendors during city-sponsored events. 687 688 (f) A Street Vendor operating a Mobilized Vending Vehicle may not conduct 689 business on an approved public right-of-way between the hours of 4 a.m. and 6 a.m., nor 690 may any Mobilized Vending Vehicle be permitted to remain on any approved public right- 691 of-way between the hours of 4 a.m. and 6 a.m. unless parked in conformance with all 692 applicable parking and traffic regulations. 693 694 (g) Mobilized Vending Vehicles shall be parked at all times in conformance with 695 applicable parking and traffic regulations, including but not limited to payment of parking 696 meters during hours of operation, and may not hinder the lawful parking or operation of 697 other vehicles. Mobilized Vending Vehicles may not bag parking meters to conduct street 698 vending operations. Mobilized Vending Vehicles shall be permitted to park in loading 699 zones between the hours of 6:00 p.m. and 4:00 a.m. Any opening or window from which 700 business is conducted for all Mobilized Vending Vehicle must open toward the sidewalk, 701 walkway or parking area. No window or opening from which business is conducted may 702 open toward the street or traffic area. 703 704 (h) A Mobilized Vending Vehicle may not be of a size or configuration as to interfere 705 with City or public use of any public right-of-way or impede ingress or egress by vehicles 706 or pedestrians. 707 708 (i) An unobstructed clearance of at least 42 inches must be maintained between a 709 fire hydrant and any Mobilized Vending Vehicle. 710 711 (j) An unobstructed clearance for pedestrian travel must be maintained around any 712 Mobilized Vending Vehicle. 713 714 (k) A Street Vendor operating a Mobilized Vending Vehicle may not park such 715 Vehicle on a utility/manhole cover located upon an approved public right-of-way. 716 717 (l) Street Vendors shall obey any lawful order of a police officer to move a Mobilized 718 Vending Vehicle to a different approved location, or to remove it entirely, if necessary to 719 avoid congestion or obstruction of a public right-of-way, or for the City’s use of such right- 720 of-way for emergency purposes, construction or any other public benefit deemed 721 necessary or appropriate at the discretion of the officer, including but not limited to the 722 abatement of a nuisance. 723 724 (m) Any power required for the Mobilized Vending Vehicle located on a public right- 725 of- way shall be self-contained and it may not draw its power from the public right-of-way, Page | 22 of 726 except where approved by the city manager. Power cable or equipment may not be 727 extended across any public street, alley or sidewalk. 728 729 (n) Street Vendors shall contain all refuse, trash, and litter within the Mobilized 730 Vending Vehicle or provide a small moveable trash can maintained by the Street Vendor, 731 and located adjacent to the Mobilized Vending Vehicle in such a manner as not to block 732 or otherwise obstruct pedestrian or vehicular traffic. The Street Vendor operating the 733 Mobilized Vending Vehicle shall be responsible for properly disposing of such refuse as 734 would any business, and may not place it in any public trash container, or in any private 735 container without proper permission. Spills of food or food by-products shall be cleaned 736 up by the Street Vendor operating the Mobilized Vending Vehicle, and no dumping of gray 737 water on the streets is allowed. 738 739 (o) Any signage or advertising signs shall be maintained by the Street Vendor and 740 located adjacent to the Mobilized Vending Vehicle in such a manner as not to block or 741 otherwise obstruct pedestrian or vehicular traffic. 742 743 (p) The Street Vendor’s license shall be displayed conspicuously at all times upon 744 the vendor's Mobilized Vending Vehicle. Any and all additional licenses or permits 745 required pursuant to law and this article shall be displayed conspicuously at all times upon 746 the vendor's Mobilized Vending Vehicle. 747 748 (q) Nothing in this Section shall be construed to prohibit the distribution or the sale 749 of newspapers from a motor vehicle. 750 751 Secs. 18-1082—18-1160. Reserved. 752 753 CHAPTER 110 – TAXATION 754 ARTICLE II – BUSINESS AND OCCUPATION TAX 755 756 Sec. 110-63. - Exemptions. 757 758 (a) The provisions of this article shall not apply to: 759 760 (1) Insurance companies which pay the state a tax upon premiums; provided, that 761 such exemption shall not extend to that part of gross income of insurance companies 762 which is received for the use of real property, other than property in which any such 763 company maintains its office or offices, in the city, whether such income is in the form of 764 rentals or royalties; 765 766 (2) Nonprofit cemetery companies organized and operated for the exclusive benefit 767 of their members; 768 769 (3) Fraternal societies, organizations and associations organized and operated for 770 the exclusive benefit of their members and not for profit; provided, that this exemption 771 shall not extend to that part of gross income arising from the sale of alcoholic liquor, food Page | 23 of 772 and related services of such fraternal societies, organizations and associations which are 773 licensed as private clubs under the provisions of W. Va. Code ch. 60, art. 7; 774 775 (4) Corporations, associations and societies organized and operated exclusively 776 for religious or charitable purposes; provided that: the City may impose its business and 777 occupation tax on any activity of a corporation, association or society organized and 778 operated exclusively for religious or charitable purposes only to the extent that the income 779 generated by the activity is subject to taxation under the provisions of section 511 of the 780 Internal Revenue Code of 1986, as amended; 781 782 (5) Production credit associations, organized under the provisions of the federal 783 Farm Credit Act of 1933; provided, that the exemptions of this section shall not apply to 784 corporations or cooperative associations organized under the provisions of W. Va. ch. 19, 785 art. 4; 786 787 (6) Any credit union organized under the provisions of chapter 31 or any other 788 chapter of the Code of West Virginia; provided, that the exemptions of this section shall 789 not apply to corporations or cooperative associations organized under the provisions of 790 W. Va. ch. 19, art. 4; 791 792 (7) Gross income derived from advertising service rendered in the business of 793 radio and television broadcasting; 794 795 (8) The gross income or gross proceeds of sale of a gasification or liquefaction of 796 coal project in the demonstration, pilot or research states; provided, that prior to the 797 commencement of operation of any such project, the tax commissioner of the state shall 798 have first certified the project as eligible for such exemption; provided, further, that such 799 exemption shall expire seven years from the date the project first receives gross income 800 or gross proceeds from sales; and 801 802 (9) The gross income or gross proceeds of sale derived from sales or services 803 by an itinerant vendor or a street vendor in cases where no itinerant vendor license or 804 street vendor license is required by City Code sections 18-613 or 18-1033. 805 806 (9) The first five thousand dollars ($5,000.00) of gross income or gross proceeds 807 derived from sales or services by a street vendor or itinerant vendor shall be exempt from 808 the tax imposed by this Article. The street vendor or itinerant vendor shall file a Business 809 and Occupation tax return for such gross income or gross proceeds even if such revenue 810 is exempt. 811 812 (b) An organization is "charitable" for purposes of subdivision (4) of subsection (a) 813 of this section above if it satisfies both of the following criteria: (1) it is exempt from Federal 814 Tax, under 26 U.S.C. § 501(c)(3), and (2) its purposes include relief of poverty, 815 advancement of education, advancement of religion, promotion of health, governmental 816 or municipal purposes, or other purposes that are beneficial to the community. 817 Page | 24 of