Sponsor: License Committee
Public Hearing Dates: In the Year Two Thousand Twenty Four
First reading:
Referred to: An Ordinance in Relation to Rules suspended and placed in all stages of passage: 05/20/24
Second reading:
Action:
Date:
Signed by Mayor: 05/22/24
Published: 05/29/24
Effective: 06/12/24

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Chapter 23, Peddlers and Solicitors, of the Code of Ordinances of the City of Burlington be and hereby is amended to add the following:

23-17 Special 12 Hour Peddler License for June 15, 2024

Purpose. Burlington is celebrating its annual Juneteenth Celebration commemorating the emancipation of enslaved persons in the United States. A large number of visitors, residents, performers, and vendors are anticipated to participate in various events concentrated in the downtown core. To ensure sufficient amenities are available to Burlingtonians and our visitors, and to promote and highlight vendors with racial and cultural ties to the Celebration, the provisions of this article shall be temporarily amended as follows:

(a) A special 12-hour peddler license may be issued for June 15, 2024, from the hours of 11AM-11PM authorizing peddling at any location throughout the city as permitted by Section 23-15 and designated for peddling by the City’s Director of the Racial Equity, Inclusion, and Belonging Office pursuant to Sub-Section 23-16(e), provided that the provisions of Section 23-6(a)(1)(d) related to peddling in and around city parks shall remain in place.

(b) The application requirements for 12-hour peddler certificates set forth in Section 23-15(c)(3)(b) shall apply to all applicants seeking a special 12-hour peddler license, except that applicants seeking to peddle in and around city parks, including City Hall Park, shall also obtain authorization from the Parks Commission. This shall be notwithstanding the use of the term “marketplace” throughout Section 23-15 and shall be understood to mean all applicants seeking a special 24-hour peddler license pursuant to this Section.

(c) The combined application and license fee for a special 12-hour peddler license shall be one – hundred dollars ($100). The city may also require that peddlers selling food pay the deposit required by Section 23-6(d)(3). This fee and deposit requirements shall apply regardless of a peddler’s location.

(d) All applications for special 12-hour peddler licenses shall be submitted to and subject to final review by the Department of Burlington City Arts. Upon receipt of a satisfactorily completed application, the requisite fee, and proof of insurance as required by Section 23-3(h), the Burlington City Arts staff shall issue the special 12-hour peddler license, as long as space is available as provided under this Section, and provided further that the applicant is not in violation of any applicable provision of this Code. Any denial of a special 12-hour peddler license shall be a final determination and there shall be no administrative appeal.

(e) The Director of Racial Equity, Inclusion, and Belonging may designate any number of peddler sites throughout the city, including those eligible for vehicle endorsement, and any restrictions set forth herein on how far peddlers must be from each other, or a business selling similar produce or wares, may be waived. Such designations shall be submitted to the Department of Burlington City Arts forthwith for processing of applications received pursuant to this Section.

(f) The Director of Racial Equity, Inclusion, and Belonging may in their discretion, as needed to safely and efficiently designate peddling locations as outlined herein or otherwise carry on the business of June 15, 2024 within the City in the same manner, temporarily suspend any provision enumerated in Section 23-11, excepting that relating to discharge of grease, ash, or refuse onto any street or sidewalk.

(g) Peddlers that receive a special 12-hour peddler license may request a vehicle endorsement that authorizes the placement of a vehicle on a city street or right-of-way, regardless of the peddler’s location. If a vehicle for which an endorsement is requested exceeds thirty (30) feet in length, the Department of Burlington City Arts may only issue such endorsement after consultation with the Department of Public Works and a determination that the vehicle will not impede the free flow of safe pedestrian, vehicle, or emergency personnel passage.

(h) A peddler that has already received a peddler license or certificate under this Article may peddle on June 15, 2024 to the extent permitted by their existing license or certificate without having to apply for a separate special 12-hour peddler license.

(i) Except as set forth in this Section, all other requirements of this Article shall apply to peddlers granted a special 12-hour peddler license.

(j) This Section shall sunset in its entirety and be stricken from the Code of Ordinances effective June 16, 2024.

*Material underlined added.

LC/hm/Ordinances 2024/An Update to Chapter 23, Peddlers and Solicitors to Accommodate Burlingtonians and Visitors On June 15, 2024

May 20, 2024