No person may conduct business as defined in this Chapter on any Portland sidewalk without first obtaining a permit from the City Administrator and paying the required fee. It is unlawful for any person to sell any goods or services on any sidewalk within Portland except as provided by this Chapter.

1. A. Conduct business. Conduct business means the act of selling or attempting to sell services, or edible or nonedible items for immediate delivery.
2. B. Sidewalk. Sidewalk means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians and includes all areas of a pedestrian plaza as defined under Chapter 17.43.
3. C. Commercial zone. Commercial zone means abutting property that is zoned C, Commercial, or E, Employment, pursuant to Title 33, Planning and Zoning, of this Code or any other zone that may be created as a successor zone to such existing commercial zones.
4. D. Permit operating area. Permit operating area means the sidewalk from the midpoint of one block face to the midpoint of an adjacent block face.
5. E. Special events. Special events mean an event specifically approved by an individual ordinance or permit granting use of street and sidewalk areas within a specifically defined area for a period of time not exceeding 10 days to a community-based organization.

The City Administrator will maintain a list of items and services that are either approved or prohibited for sale from sidewalk vending carts. Any item or service not on the list may be considered for approval based on the following criteria:

1. A. All items or services to be sold must:
   1. 1. Be vended from a regulation size vending cart;
   2. 2. Not lead to or cause congestion or blocking of pedestrian traffic on the sidewalk;
   3. 3. Involve a short transaction period to complete the sale or render the service;
   4. 4. Not cause undue noise or offensive odors;
   5. 5. Be easily carried by pedestrians.

Requests to have an item or service considered for approval must be submitted in writing to the City Administrator, who will determine whether the item or service conforms to the above criteria. If the item or service conforms to the above criteria, it will be listed as approved for sale by sidewalk vendors. If the item or service does not conform, it will be listed as prohibited for sale by sidewalk vendors. The decision of the City Administrator, if adverse to the party making the request, may be appealed to the Council.

Each application for a permit to conduct business on a sidewalk must be accompanied by an application fee. The application fee is nonrefundable and additional to the permit fee. The permit fee must be collected prior to issuance of the permit. The permit fee between September 1 and December 31 is 30 percent of the yearly permit fee. Permits renewed prior to expiration do not require an application fee.

Application for a permit to conduct business on a sidewalk must be made at the office of the City Administrator on a form deemed appropriate by the City Administrator. Such application must include but not be limited to the following information:

1. A. Name and address of the applicant;
2. B. The expiration date of applicant’s City business license;
3. C. Type of items sold or services rendered. Individual applications will be accepted for one type of product or service only.
4. D. A valid copy of all necessary permits required by State or local health authorities;
5. E. Insurance is required pursuant to TRN-10.21 Insurance Requirements for Permits Issued by Street Systems Management.
6. F. Means to be used in conducting business including but not limited to a description of any vending cart, to be used for transport or to display approved items or services.
7. G. A separate application is required for each vending cart to be used for transportation or display;
8. H. The proposed location for conducting business and the written consent of the property owner(s) adjacent to the permit operating area, along with a signed statement that permittee will hold the adjacent property owners harmless for any claims for damage to property or injury to persons that may be occasioned by any activity carried on or under the permit. This consent and hold harmless statement must be submitted on a form deemed appropriate by the City Administrator. No application may apply to more than one location. No application will be accepted for a permit operating area within which a current permit has been issued or an application is pending. Valid 1982 permits that allowed two carts within a permit operating area may apply for renewal provided they have not lapsed or been revoked.
9. I. No food vendor application will be accepted for a permit operating area where a restaurant or fruit and vegetable market, with direct access to the sidewalk, is adjacent or within 100 feet on the same block. No application will be accepted for a flower vendor for a permit operating area where a flower shop, with direct access to the sidewalk, is adjacent or within 100 feet on the same block. The above requirement may be waived if the application is submitted with the written consent of the proprietor of the restaurant, fruit and vegetable market or flower shop. The consent must be submitted on a form deemed appropriate by the City Administrator.
   
   This provision is not an exception to the location and distance prohibitions included in Section 16.70.550 of Portland City Code and no application will be accepted for a location that would be in violation of that Section.

1. A. Permit operating areas that have not been issued a current permit are available only upon receipt of the written consent of the property owners adjacent to the permit operating area.
2. B. No vendor or vending business may obtain permits for adjacent permit operating areas on the same block. Valid 1982 permits are exempt from this restriction provided they have not lapsed or been revoked.
3. C. The City Administrator may establish an additional permit operating area on a block face that exceeds 300 feet in length.

Upon receipt of an application for a permit, the City Administrator will review the proposed permit operating area to determine if the said area is suitable for sidewalk vending. In making this determination, the City Administrator will consider the following criteria:

1. A. The permit operating area must be within a commercial zone.
2. B. The use of the permit operating area for sidewalk vending must be compatible with the public interest in use of the sidewalk areas as public right-of-way. In making such determination the City Administrator will consider the width of sidewalk, the proximity and location of existing street furniture, including, but not limited to, signposts, lamp posts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, as well as, the presence of bus stops, truck loading zone, taxi stands or hotel zones to determine whether the proposed use would result in pedestrian or street congestion.

The City Administrator will inform the applicant whether the proposed permit operating area is suitable or unsuitable. The decision of the City Administrator, if adverse to the applicant or any notified party, may be appealed to the City Council.

No person or corporation may either pay or accept payment for written consent required for the issuance or continued operation of a sidewalk vending permit.

1. A. The applicant for a sidewalk vendor permit must submit detailed scale drawings of the cart to be used, material specifications, and an isometric drawing in color of at least two views showing all four sides of the vending cart and any logos, printing or signs that will be incorporated and utilized in the color scheme. The City Administrator will submit the isometric drawings of the vending device to Portland Permitting & Development for approval prior to issuing a permit. Vending carts must be measured by the City Administrator prior to the issuance of a permit or the renewal of a sidewalk vendor’s permit to ensure compliance with Section 17.26.090 A. of this Chapter.
2. B. Portland Permitting & Development will furnish the City Administrator standards required by the Portland Design Commission to be incorporated in the sidewalk vendors application packet.

Prior to the issuance of any permit, the Fire Marshal will inspect and approve any vending cart to assure the conformance of any cooking or heating apparatus with the provisions of the City Fire Code.

The applicant must complete all reviews, inspections and present all required documents to the City Administrator within 60 days from date of location approval. Failure to meet this requirement may result in cancellation of the application and forfeiture of the application fee. The City Administrator may extend this time limit, upon written request and a finding of reasonable need.

The permit issued will be in a form deemed suitable by the City Administrator. In addition to naming the permittee and other information deemed appropriate by the City Administrator, the permit will contain the following conditions:

1. A. Each permit will expire at midnight, December 31 of the year issued;
2. B. The permit issued will be personal only and not transferable in any manner;
3. C. The permit is valid only when used at the permit operating area designated on the permit. The permit operating area may be changed by submitting a new letter of consent accompanied by an additional application fee;
4. D. The permit is valid for one cart only;
5. E. The location within the permit operating area may be changed, either temporarily or permanently, by written notice of the City Administrator;
6. F. The permit is subject to the further restrictions of this Chapter;
7. G. The permit as it applies to a given permit operating area may be suspended by the Council for a period up to 10 days when an ordinance providing for a "community event" so provides.

Application for renewal of permits must be received from November 1 through December 31. An application must be on a form deemed suitable to the City Administrator, accompanied by a permit fee. Applications received after December 31 will be processed as new applications. The City Administrator will review each application to determine that:

1. A. Any required consent has not been withdrawn;
2. B. The applicant has a currently effective insurance policy in the minimum amount provided in Subsection 17.26.050 E.;
3. C. All required permits are current;
4. D. The cart size is in conformance with Subsection 17.26.130 E. If the City Administrator finds that the application meets all the above requirements, the City Administrator may issue a new permit.

1. A. Any person conducting business on the sidewalks of Portland with a valid permit issued under this Chapter may transport and/or display approved items or services upon any vending cart, under or subject to the following conditions:
   1. 1. The operating area may not exceed 24 square feet of sidewalk, which must include the area of the vending cart, and, when externally located, the operator and trash receptacle.
   2. 2. The length of the vending cart may not exceed six feet.
   3. 3. The height of the vending cart, excluding canopies, umbrellas, or transparent enclosures, may not exceed five feet.
2. B. No person may conduct business on a sidewalk in any of the following places:
   1. 1. Within 10 feet of the intersection of the sidewalk with any other sidewalk, except that the City Administrator may waive this restriction in writing for any location upon finding that construction of extra‑width sidewalks makes such use consistent with the standards established by Section 17.26.070.
   2. 2. Within eight feet of the adjacent property line;
   3. 3. Within 10 feet of the extension of any building entrance or doorway, to the curb closest to the property line.
   4. 4. Within 10 feet of any handicapped parking space, or access ramp.
3. C. All persons conducting business on a sidewalk must display in a prominent and visible manner the permit issued by the City Administrator under the provisions of this Chapter and conspicuously post the price of all items sold.
4. D. All persons conducting business on a sidewalk must pick up any paper, cardboard, wood or plastic containers, wrappers, or any litter in any form that is deposited by any person on the sidewalk or street within 25 feet of the place of conducting business. Each person conducting business on a public sidewalk under the provisions of this Chapter must carry a suitable container for placement of such litter by customers or other persons.
5. E. All persons conducting business on a sidewalk must obey any lawful order of a police officer to move to a different permitted location to avoid congestion or obstruction of the sidewalk or remove the vending cart entirely from the sidewalk if necessary to avoid such congestion or obstruction.
6. F. No person may conduct business as defined in this Chapter at a location other than that designated on a permit.
7. G. No permittee may make any loud or unreasonable noise of any kind by vocalization or otherwise for the purpose of advertising or attracting attention to the permittee’s wares.
8. H. No permitted vending cart may be left unattended on a sidewalk or remain on the sidewalk between 12:00 a.m. and 6:00 a.m.
9. I. No permittee may conduct business in violation of the provisions of any ordinance providing for a special event.

1. The special event designation allows vendors to conduct business on City sidewalks at the Rose Festival parades and other major special events that the City Administrator so designates, subject to the following conditions:
2. A. Application must be made to the City Administrator on a form deemed appropriate by the City Administrator. Each application must apply to only one event or parade. Application is open to any vendor who possesses a valid sidewalk vending permit. Each application must be accompanied by:
   1. 1. All necessary permit fees.
   2. 2. The proposed location for conducting business along with the temporary written consent of the property owners adjacent to the permit operating area. This temporary consent must be on a form deemed appropriate by the City Administrator. No application will be accepted for a permit operating area within which a permit has been issued or an application is pending.
3. B. Application must be made at least five working days prior to an event to qualify for participation.
4. C. All temporary locations must be on side streets adjacent to the parade or event.
5. D. Temporary locations are valid only for the date and hours specified by the City Administrator.
6. E. All other conditions of this Chapter, except as stated in this Chapter, remain in effect.

1. A. The City Administrator may revoke or suspend the permit, or deny either the issuance or renewal thereof, of any person to conduct business on the sidewalks of Portland based on the following findings:
   1. 1. that such person has violated or failed to meet any of the provisions of this Chapter;
   2. 2. that the cart operation has become detrimental to surrounding businesses and/or the public, due to either appearance or condition of the cart.
   3. 3. any required permit has been suspended, revoked or canceled; or
   4. 4. the permittee does not have a currently effective insurance policy in the minimum amount provided in Section 17.26.050 E.
2. B. Upon denial, suspension or revocation, the City Administrator will give notice of such action to the permit holder or applicant, as the case may be, in writing stating the action the City Administrator has taken and the reasons for the denial, suspension, or revocation. If the action of the City Administrator is a revocation based on Subsections A.3. and 4. of this Section, the action will be effective upon giving such notice to the permittee. Otherwise, such notice will contain the further provision that it will become final and effective within 10 days. Any revocation effective immediately may also be appealed to the Council by such filing within 10 days. Any revocation, suspension or denial may be appealed to the City Council by filing a written notice of appeal with the City Auditor within 10 days of receipt of notification.

The Auditor will place the appeal on the Council calendar at the first convenient opportunity for it and will notify the City Administrator of it. At the hearing upon appeal, the Council will hear all witnesses including the City Administrator or their representative, who will state the grounds for this action, and the applicant or person whose permit has been revoked or suspended may supply testimony in writing by witnesses or otherwise and may question witnesses on their own behalf or on behalf of the City. The Council will hear and determine the appeal and the decision of the Council will be final and effective immediately.

Any person violating any of the provisions of this Chapter will, upon conviction, be punished by a fine not exceeding $500 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. In the event that any provisions of this Chapter are violated by a firm or corporation, the officer or officers or the person or persons responsible for the violation will be subject to the penalty provided by this Section.

1. The placement of any vending cart on any sidewalk in violation of the provisions of this Chapter is declared to be a public nuisance. The City Administrator may cause the removal of any vending cart found on a sidewalk in violation of this Chapter and is authorized to store such vending cart until its owner redeems it by paying the removal and storage charges established by the City.