§ 22-359. Consent of property owner required.

(a)

No mobile vendor shall offer goods, services or rentals for business sale:

(1)

Without first obtaining the property owner's consent for the activity;

(2)

After such consent, although previously given, has been withdrawn; or

(3)

Contrary to lawful conditions imposed by the property owner upon such sale.

(b)

The property owner may impose conditions upon the activities on its property, including, without limitation, limiting the sale to, or prohibiting the sale from, certain locations upon the property; restricting the dates and times of the sale; restricting the number of persons who may offer items for sale; restricting the types of items which may be sold; prohibiting the sale of certain items; precluding sales during activities or special events sponsored or approved by the property owner to be conducted on its property or within the public right-of-way; or requiring the mobile vendor to provide liability insurance in amounts, and under terms and conditions, satisfactory to the owner.

(c)

For purposes of property owned by the city, the city manager or his designee is authorized to grant or withdraw consent, or to impose conditions upon the activities on the city's property, pursuant to subsection (b) of this section. In exercising this authority, the city manager or his designee shall consider:

(1)

Public health and safety.

(2)

The economic impact of the sale upon surrounding businesses or other solicitors, peddlers or itinerant vendors.

(3)

Aesthetics.

(4)

The quantity, condition and characteristics of the property involved.

(Code 1985, § 15-13.1; Ord. No. 2718, § 8, 4-15-97)