Number
240354
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. WESTMORELAND, ALD. ZAMARRIPA, AND ALD. SPIKER
Title
A substitute ordinance relating to penalties for food peddlers operating in the public right-of-way.
Sections
68-37- 1-e-3 cr
68-37-1-e-4 cr
68-37-1-e-5 cr
68-37-1-e-6 cr
68-37-1-e-7 cr
68-37-1-e-8 cr
Analysis
This ordinance creates 3 non-contingent sanctions relating to an assigned parking space within a limited operation food peddler vehicle zone for a food peddler or licensee found to be in violation of any provision relating to a food peddler or licensee operating in the public right-of-way.
1. Warning letter: If the city clerk’s office is provided evidence of a violation of a food peddler-related violation by a food peddler or licensee, the food peddler or licensee will receive a warning letter advising them on the nature of the violation as well as the consequences of additional violations.
2. Licensing committee review of evidence from an aggrieved party: If an aggrieved party files a written complaint with the city clerk seeking the revocation of an assigned parking space and presents evidence of a violation to the city clerk, including photographic or video evidence, the licensing committee shall review the evidence in open session and, based on a preponderance of the evidence, suspend or revoke the food peddler or licensee’s access to their assigned parking space within the limited operation food peddler vehicle zone.
3. Convictions for violations: If a food peddler or licensee is convicted of violating any of the provisions relating to a food peddler or licensee making sales in the public right-of-way, the food peddler or licensee shall have access to their assigned parking space within the limited operation food peddler vehicle zone suspended for 2 weeks. Upon a second conviction within 365 days of the first, the food peddler or licensee shall have access to the assigned parking space revoked.
Following a revocation, f...
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