Port of Dbq Vendors ROW permitsMEMORANDUM
July 17, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vendors on Public Right-of-Way at Port of Dubuque and Hawthorne Street
Peninsula
Assistant City Manager Cindy Steinhauser is recommending approval of criteria to issue
permits for vendors to use the public right-of-way at the Port of Dubuque and
Hawthome Street Peninsula.
Vendors would be permitted on Bell Street, Fifth Street and the Riverwalk in the Port of
Dubuque.
There would be a monthly fee of $200 for non-resident vendors and $150 for resident
vendors.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M~'chael C. Van Milliken
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
MEMORANDUM
July 14, 2003
TO:
FROM:
Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manage~
SUBJECT: Vendors on public right of way at Port of Dubuque and Hawthorne Street
Peninsula
Introduction
The purpose of this memorandum is to recommend the criteria for use of public right of
way for vending at the Port of Dubuque and Hawthorne Street Peninsula.
Discussion
As the Port of Dubuque continues to develop, the City has received requests from
vendors to operate a vending stand in this district. This is a concept that has been
discussed as the development of entertainment district evolves at the Port of Dubuque.
In addition, the City has received requests in the past from vendors wishing to operate a
seasonal food stand at the Hawthorne Street Peninsula. Currently, however, there is no
policy in place to regulate this activity, which does not fall under the Special Event
Permit Application process.
In order to respond to this matter, Leisure Services Manager Gil Spence, City Clerk
Jeanne Schneider and I met to discuss criteria to recommend for such a policy and
develop a process of approval for vending applications. Corporation Counsel Barry
Lindahl has also reviewed this information. Attached is a proposed concession
agreement/permit form. This form will be used for vendor requests desiring to locate at
the Port of Dubuque or the Hawthorne Street Peninsula. Vending will only be permitted
on Bell Street, Fifth Street and the Riverwalk in the Port of Dubuque. Bell Street and
Fifth Street are designated parkway streets which have larger sidewalks. Vending at
the Hawthorne Street Peninsula will generally only be permitted in the green space out
of the way of vehicles.
The application process will be similar to the Special Event Permit process. A potential
vendor would submit an application to the City Clerk's office identifying the product and
proposed location. This application would be reviewed by impacted departments such
as police, fire, health, engineering, planning and city manager's office for their
comments prior to approval of the permit by the City Manager.
Based upon our discussion, I recommend the following cdteria for vendors on public
right of way:
· The vendor must meet City of Dubuque insurance requirements;
· The vendor must comply with all other City ordinance requirements, including, but
not limited to, noise, fire and building code and engineering standards;
· The vendor must comply with the restriction of no outdoor music;
· The permit is not transferable to another vendor or location;
The permit does not give the vendor exclusive right to a location or sale of a product;
· The vending of alcoholic beverages will not be permitted; and
· The vendor must agree that any violation of these conditions will result in the
immediate revocation of permission to use the right of way.
Recommendation
I recommend that the City Council approve the above criteria for vending on the public
right of way at the Port of Dubuque and Havvthome Street Peninsula.
Cc;
Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
Gil Spence, Leisure Services Manager
Sue Winter, Permit Clerk
Mary Rose Corrigan, Public Health Specialist
Mike Koch, Public Works Director
Laura Carstens, Planning Services Manager
City of Dubuque, Iowa
CONCESSION AGREEMENT~ PERMIT FOR PUBLIC RIGHT OF WA Y
ISSUED TO:
DATE:
VALID IN THE FOLLOWING AREAS:
VALID from
to
See attachment diagram.
FEE: (checkone) [] $200.00
[] $150.00
Monthly fee for Non-resident vendor
Monthly fee for resident vendor
GENERAL RULES:
1. Concessionaire must meet all federal, state, and local statutes, ordinances,
regulations and laws concerning operation of its business.
2. This permit is NOT VALID on any day when a special event is being held on the
public right of way unless arrangements are made through that person or
organization.
3. This permit is NOT VALID at the McAleece Park and Recreation Complex, the areas
around the City swimming pool concession stands or in any municipal parks. Please
contact the Leisure Services Department for an application for these areas.
4. Concessionaire shall not locate its equipment in such a manner as to create a
nuisance or obstruction to the use of the right of way or cause or permit any loud or
excessive noise that would result in the disturbance of a reasonable person of
normal sensitivities.
5. All concession agreements shall require the approval of the City Manager or the City
Manager's designee.
6. This agreement/permit is not transferable.
7. The concessionaire shall submit a financial report to the City Clerk's office by
November 1st of the year the agreemenFpermit is issued. The report shall include
the following information:
Hours of operations, number of weekdays worked, number of weekend days
worked, number of customers served, etc.
8. This agreement/permit does not give the vendor exclusive rights for sales of
products in the area described above.
9. The concessionaire shall not sell, give or otherwise dispense alcoholic beverages on
public right of way, including the area described above.
10. This agreement/permit may be immediately revoked by the City Manager for any
violation of the terms hereof.
BUSINESS NAME
REPRESENTATIVE NAME
ADDRESS
DAY PHONE
EVENING PHONE
FEE PAID: $
DATE PAID:
[] Insurance Certificate (see attached for minimum insurance requirements)
[] Indemnity
[] Food permit
I have read this Concession Agreement/Permit and have accurately and truthfully
completed the Application. I agree that I will obtain any other permits necessary and
will follow the guidelines and requirements set forth in this Agreement.
REPRESENTATIVE SIGNATURE
CITY OF DUBUQUE
City Clerk's Office