§ 24-259. Special permits for pushcarts, sidewalk cafes and farmers' market.

(a)

Requirements. Notwithstanding the requirements of this article, certain pushcarts and sidewalk cafes are permitted on sidewalks and farmers' markets are permitted on city-owned property subject to the requirements of this section.

(b)

Pushcarts. The term "pushcarts," as defined by article V of chapter 20, may be located on sidewalks within the area included in the plan prepared by the HRA entitled "50th and France Commercial Area Plan," dated December 3, 1974, subject to a permit issued pursuant to this subsection.

(1)

In addition to the requirements of article II of chapter 12, no permit shall be issued for a pushcart unless the following requirements are met:

a.

The pushcart must be licensed in accordance with article V of chapter 20.

b.

The applicant for a permit must possess a valid food establishment license or take-out food license, pursuant to article V of chapter 20, for a food establishment located in the 50th and France Commercial Area.

c.

The pushcart shall not exceed eight feet in length, four feet in width and eight feet in height.

d.

The pushcart shall be equipped with casters or wheels to permit ease of movement.

e.

The pushcart shall be equipped with facilities for the disposal of trash generated by the pushcart.

(2)

In addition to the requirements of article V of chapter 20, the following requirements shall apply to the operation of pushcarts:

a.

Pushcarts shall be parked on public sidewalks and walkways only in those locations specified in the permit.

b.

Pushcarts shall be stored indoors following the close of business each day.

c.

Only food or beverages for immediate consumption may be offered from the pushcart.

d.

Cleaning, servicing and maintenance of the pushcart shall be undertaken only in an area approved by the sanitarian.

(3)

Permits issued pursuant to this section shall expire on March 31 of each calendar year.

(4)

The number of permits which may be in force under this subsection (b) at any one time shall not exceed six.

(Code 1970; Code 1992, § 1230.07(1); Ord. No. 1222; Ord. No. 1222-A1, 11-29-1978; Ord. No. 1222-A2, 11-28-1979; Ord. No. 1222-A3, 6-24-1987; Ord. No. 1993-5, 4-28-1993; Ord. No. 1994-6, 7-27-1994; Ord. No. 1995-6, 8-17-1995; Ord. No. 1997-14, 12-15-1997; Ord. No. 1999-7, 3-15-1999; Ord. No. 2001-7, 10-3-2001; Ord. No. 2002-10, 1-21-2003; Ord. No. 2004-8, 5-27-2004; Ord. No. 2004-10, 8-12-2004; Ord. No. 2010-03, 2-16-2010; Ord. No. 2011-11, 12-6-2011; Ord. No. 2012-04, 2-21-2012)