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City of Portland

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17.26.050 Application for Permit.

(Amended by Ordinance Nos. 165594 and 182760, effective June 5, 2009.)  Application for a permit to conduct business on a sidewalk shall be made at the office of the City Engineer on a form deemed appropriate by the City Engineer.  Such application shall include but not be limited to the following information:

A.  Name and address of the applicant;

B.  The expiration date of applicant’s City business license;

C.  Type of items sold or services rendered.  Individual applications shall be accepted for one type of product or service only.

D.  A valid copy of all necessary permits required by State or local health authorities;

E.  A signed statement that the permittee shall hold harmless the City of Portland, its officers and employees and shall indemnify the City of Portland, its officers and employees for any claims for damage to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit.  Permittee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect permittee, property owners, and City from all claims for damage to property or bodily injury, including death, which may arise from operations under the permit or in connection therewith.  Such insurance shall provide coverage of not less than $1,000,000 (one million dollars) per occurrence.  Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insures the City of Portland, their officers and employees, and shall further provide that the policy shall not terminate or be canceled prior to the completion of the contract without 30 days written notice to the Auditor of the City of Portland.

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.

G.  A separate application shall be required for each vending cart to be used for transportation or display;

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 shall hold harmless the adjacent property owner(s) for any claims for damage to property or injury to persons which 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 Engineer.  No application shall 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 which allowed two carts within a permit operating area may apply for renewal provided they have not lapsed or been revoked.

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 Engineer.

This provision is not an exception to the location and distance prohibitions included in Section 16.70.550 of the Code of the City of Portland, and no application shall be accepted for a location which would be in violation of that Section.