City of St. Petersburg Development Services Regulations for Pushcart Vending What can I sell? Pushcart vending is only permitted for the retail sales of flowers, plants, fruits, vegetables, beverages, hot dogs, ice cream, and other similar prepackaged and prepared foods. Can I sell items that I cook and package in my own kitchen? No. Only food items that are prepackaged or prepared in a restaurant kitchen approved by the State Division of Hotel and Restaurants (DHR) can be sold from a pushcart. Prepackaged items include items such as soda pop or potato chips. Prepared foods include items such as hot dogs which are steamed in water and placed in a bun. In the example of hot dogs, the DHR requires a commissary letter signed by the store where the vendor buys the hot dogs and buns. The DHR also requires the vendor to identify where the water to steam the hot dogs is obtained and the location where the water is discharged. For additional questions regarding the state licensing, you can contact the Division of Hotels and Restaurants, Florida Department of Business and Professional Regulation at 1-850-487-1395 or you can view their website at http://www.myfloridalicense. com/dbpr/hr/ . Where can I set up my pushcart? • Downtown St. Petersburg Pushcarts can be permitted at locations within the downtown area bounded by 5th Avenue North to 5th Avenue South and 8th Street to Bayshore Drive. Pushcarts must be located at least 100 feet from an existing indoor and/or outdoor eating establishment, and 100 feet from another approved pushcart location. No more than two pushcart operations are allowed on any blockface. • On Private Property Pushcarts may be located on private property where there is an existing commercial use. Vendors must have written approval from the property owner or the current tenant closest to the pushcart. Pushcarts cannot be located within 100 feet of an indoor and/or outdoor eating establishment located on an adjoining property. How can I tell if a location is available for a pushcart? The City’s Development Review Services Division maintains a map which shows the location of all approved pushcarts in the downtown. If a location is taken, you cannot set up another pushcart. However, if a location is available, you can make application to secure a permit for the location. The permit will require a drawing of the proposed pushcart location. What is required of an approved pushcart location in the downtown? First, the proposed location must be on a paved or concrete surface. The location must be on the street side of the sidewalk and the sidewalk width must be at least 11.5 feet wide. This figure allows for an 18 inch setback of the pushcart from the curb, a minimum four foot wide pushcart, and six feet of unobstructed sidewalk width for pedestrians. If you are proposing to use a wider pushcart, you will require a location with a wider sidewalk. Your site plan should also show fire hydrants, building entrances, and crosswalks if they are located within five feet of the proposed location. Regulations for Pushcart Vending (continued) How many locations can I secure permits for? Vendors are permitted to secure permits for up to two locations for each pushcart. Are there design requirements for my pushcart? Pushcarts must look like a traditional pushcart with two wheels and be capable of movement by one individual. Pushcarts cannot exceed eight feet in height, ten feet in length, and five and one-half feet in width. Umbrellas over the pushcart are permitted provided they do not exceed two feet beyond the dimensions of the cart, excluding allowable height. Are there restrictions when I can operate my pushcart? Right-of-Way Locations: Pushcart vending is prohibited before 7:00 a.m. and after 1:00 a.m and shall take place only at approved locations. Pushcarts may not be placed at their approved location prior to 7:00 a.m. and must be removed at the close of business each day. Private Property Locations: Pushcarts can operate during the hours of the business at the property where the pushcart is located. Do I need a permit? Permits are required for a location on the downtown streets. The permit fee is $100 for each pushcart and there is an occupational license fee of $70 per pushcart location. A certificate of insurance showing public and products liability naming the City of St. Petersburg as additional insured, with ten days cancellation notice, $50,000 coverage for each case, $100,000 coverage for each incident, and $5,000 coverage for property damage is required to obtain the occupational license. The insurance coverage must extend to the end of the permit period or no later than September 30th. Private Property Locations: Regulations for private property locations are different. A permit from the City, occupational license and health certificate is required, but not the insurance. The permit fee is $100 per pushcart. Do I need to renew my permit? Permits must be renewed in person annually. Mail-in renewals are not accepted. If you fail to renew your permit by September 30th of each year, another vendor could secure your location as of October 1st. As locations allocated on a first-come/first-served basis, it is important to renew permits early. It is also important to note that health certificates expire in February following the issuance of the pushcart vending permit. It is the responsibility of the applicant to make sure that the health certificate is renewed and that a copy is provided to the City. If the certificate is not renewed, the applicant may be cited by Codes Compliance Assistance for not operating with the proper licenses and permits. Questions? The City of St. Petersburg Development Review Services Division is available to provide assistance with those seeking to pursue business opportunities in the city. If you have questions or need additional information, please feel free to contact our offices at (727)893-7471, 8 a.m. to 4:30 p.m. Monday thru Friday. You may also visit our offices on the first floor of the Municipal Service Center, located at One 4th Street North in downtown St. Petersburg. City of St. Petersburg Development Services Application for Pushcart Vending on Right-of Way DRS stamp Occupational Tax stamp Revenue code 001-170-0004291300 Fee= $100 Received/reviewed by DRS staff: Approved? q Yes q No Permit # issued Business Name: Applicant’s Name Mailing Address: Phone: Location: The pushcart location cannot be changed at all from the approved location without express consent of the City. Relocation to a new location requires a formal transfer request. Address and/or name of the building(s) the pushcart will be in front of, between or closest to: Locations must be at least 18 inches from back of the curb. How far will your pushcart be from the back of the curb? Locations must be at least six feet to the other side of the sidewalk (opposite the curb). How far will your pushcart be from the other side of the sidewalk? State the type of products you wish to sell from the pushcart. Be specific. Permits will be issued only for the sales of flowers, plants, fruits, vegetables, beverages, hot dogs, and other foods including prepared and prepackaged hamburgers, sandwiches, ice cream and other snack type edibles: Describe the pushcart you will use; attach photos. Give size, construction, color, etc. Pushcart must be mounted on wheels and be specifically designed for pushcart vending. Recived copy of: q Health Certificate q Insurance Certificate I certify that the information above is true and correct and that I will comply with all city ordinances, rules and regulations. Any falsification will result in revocation of the permit. I certify that, if granted this permit, I will maintain compliance with ordinance 397-G and all city, county and state ordinance, statutes, rides, and regulations that affect this operation. Applicant Signature Please see the reverse side of this form for pushcart information Date Rev. 10/2009 Application for Pushcart Vending on Right-of-Way (continued) The Application: Operation: • A separate City of St. Petersburg business tax license is required for each pushcart. The tax is $70 for the first $20,000 of inventory plus $3.75 for each additional $1.000 or fraction thereof. • Include a certificate of insurance showing public and products liability naming the City of St. Petersburg as additional insured, with ten days cancellation notice, $50,000 each case, $100,000 each incident and $5,000 property damage. • Provide two photographs of the pushcart and a line drawing showing dimensions. • Attach a copy of the state or county health department license/permit for the pushcart. • In rights-of-way, pushcart vending is prohibited before 7:00 a.m. and after 1:00 a.m and shall take place only at approved locations. On private property, pushcarts can operate the hours of the business on the property. Pushcarts may not be placed at their approved location prior to 7:00 a.m. and must be removed at the close of business each day. • Pushcarts shall be attended at all times. • No sales may be made to any person in or on a vehicle. The Cart: • The pushcart shall be mounted on at least two wheels that have a diameter of not less than eight inches. The boundaries are: Bayshore Drive and Eighth Street, Fifth Avenue North and Fifth Avenue South. • The pushcart shall be no larger than five and one half feet in width, ten feet in length or eight feet in Pushcart locations must be at least 100 feet apart overall height. and no more than two locations are allowed on • The pushcart must not be propelled by an internal each side of the block. combustion engine, electric motor or other similar Pushcarts must be at least 100 feet from the closest mechanical device. eating establishment on the same block face. When fully loaded with merchandise, it must be • Pushcarts shall not be within five feet of crosswalks easily moved and maintained under control by the or fire hydrants. permittee, and employee or attendant. Pushcarts shall not obstruct building entrances, Any canopy or umbrella shall not overhang the • emergency exits or fire escapes. pushcart by more than two feet. Pushcarts and/or their attendant shall not cause Cooking is not allowed on the pushcart, however, • damage to any vegetation on the right-of-way. the heating of precooked food is allowed. No vending is allowed on city parkland. The Location: • • • • • • • The Vendor/Applicant: • It is your responsibility to comply with all city ordinances, rules and regulations. • Failure to comply may result in the loss of the permit, the location, or both. The Permit: • Permits are $100 for each pushcart. Each pushcart fee may cover not more than two locations. • Permits expire at the end of the fiscal year for which they are issued. They are not transferable to another person. • Permits are limited to not more than two locations for each operable pushcart. • Pushcart permits are not valid during any event declared a “special event” by city council. (parades, Pierfest, etc.) • Pushcart permits are not valid during an outdoor co-sponsored event which is within 200 feet of the permitted right-of-way pushcart location. City of St. Petersburg Development Services Location Map for Pushcart Vending on Right-of-Way 1. Draw square in center block above to show pushcart location. 2. label streets on all four sides of block. 3. Label: a. number of inches from front of cart to curb (18” minimum) b. number of feet from back of cart to other side of sidewalk (6 feet minimum) c. number of feet from left side of cart to nearest road d. number of feet from right side of cart to nearest road 4. Have applicant add locations of and number of feet from: a. fire hydrants (5 feet minimum) b. crosswalks (5 feet minimum) 5. Draw square to show the building that the cart will be in front of or closest to, and list that address. City of St. Petersburg Development Services Pushcart Vending Checklist Right-of-Way Locations The following documentation MUST be submitted prior to review of the application. q Completed pushcart vending application signed and dated by applicant qCertificate of Insurance showing public and products liability naming the City of St. Petersburg as additional insured, with 10 days cancellation notice, $50,000 each case, $100,000 each incident and $5,000 property damage. q A photograph (panoramic suggested) show all pushcarts owned by the applicant in one picture. q Line drawing of typical pushcart with all dimensions show. q Copy of the State license/permit for each pushcart. (each cart is individually licensed by the State.) I certify that all of the above will be met and that I will comply with all City ordinances, rules and regulations. Applicant Name (print): Applicant’s Phone Number: Pushcart location: Applicant’s signature Date As applicant has met all criteria per Section 16.50.450 of the St. Petersburg City Code, This application is hereby accepted and approved. A review will be completed in approximately ten (10) calendar days at which time the applicant will be notified of any necessary changes. A permit number will then be issued. DRS Signature Permit number issued Rev. 10/2009 Date DRS stamp City of St. Petersburg Development Services Pushcart Vending Checklist Private Property Locations The following documentation MUST be submitted prior to review of the application. q Scaled site plan or scaled aerial showing location of pushcart on proposed site. qA photgraph of pushcart. qLine drawing of pushcart wth all dimensions shown. qWritten permission of the propety owner of the pushcart site and the property owner closest to the pushcart. qCopy of the State license/permit for each pushcart. (each cart is individually licensed by the State.) I certify that all of the above will be met and that I will comply with all City ordinances, rules and regulations. Applicant Name (print): Applicant’s Phone Number: Pushcart location: Applicant’s signature Date As applicant has met all criteria per Section 16.50.450 of the St. Petersburg City Code, This application is hereby accepted and approved. A review will be completed in approximately ten (10) calendar days at which time the applicant will be notified of any necessary changes. A permit number will then be issued. DRS Signature Permit number issued Rev. 10/2009 Date DRS stamp City of St. Petersburg Development Services Pushcart Vending Safety Checklist for Extended Hours Operation Ref. Permit # : Business Name: Applicant’s Name Requested Hours of Operation: Location: Please check off the following items as the owner/applicant, you acknowledge that these safety requirements are in place and will be adhered to as stated in City Code sections 16.50.450 & 16.70.030. The pushcart (and/or operator) shall be required: q To have three inch wide reflective tape on all sides for higher visibility q To keep cash out of plain sight It is STRONGLY recommended (but not required): q q q q Operators not staff the pushcart alone Have a cellular telephone in their possession at all times That they have a cash management system to limit the available cash on hand That they provide signage stating limited cash I certify that the information above is true and correct and that I will comply with all city ordinances, rules and regulations. Any falsification will result in revocation of the permit. I certify that, if granted this permit, I will maintain compliance with ordinance #957-G and all city, county and state ordinance, statutes, rules, and regulations that affect this operation. Applicant Signature Date Received/reviewed by staff: Approved? q Yes q No Rev. 10/2009
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