Ordinance and Rules Committee — Charleston, WV
Date: 2024-02-20
Time: 18:00

CITY OF CHARLESTON
 WEST VIRGINIA

 Council Member – Ward 20

Chad Robinson Ordinance and Rules Committee, Chair
793 Lower Donnally Rd. Parks and Recreation Committee
Charleston, WV 25304 Finance Committee
304- 389-7373 Parking Facilities Committee
chad.robinson@cityofcharleston.
org



 A meeting of the Council Committee on Ordinance & Rules will be held on Tuesday, February 20,
 2024 at 6:00 PM. To be held in person
 AV ROOM #308, CITY HALL

 Agenda

APPROVAL OF PREVIOUS MINUTES

 1. 12-18-2023

BILLS

 1. Bill No. 8028 – A BILL to amend the Municipal Code of the City of Charleston relating
 to updating the regulation of vendors.

ADJOURN




CR/ns
*Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com

CITY OF CHARLESTON
 WEST VIRGINIA

 Council Member – Ward 20

Chad Robinson Ordinance and Rules Committee, Chair
793 Lower Donnally Rd. Parks and Recreation Committee
Charleston, WV 25304 Finance Committee
304- 389-7373 Parking Facilities Committee
chad.robinson@cityofcharleston.
org



 A meeting of the Council Committee on Ordinance & Rules will be held on Tuesday, February 20,
 2024 at 6:00 PM. To be held in person
 AV ROOM #308, CITY HALL

 Agenda

APPROVAL OF PREVIOUS MINUTES

 1. 12-18-2023

BILLS

 1. Bill No. 8028 – A BILL to amend the Municipal Code of the City of Charleston relating
 to updating the regulation of vendors.

ADJOURN




CR/ns
*Meetings may be recorded and broadcast via internet https://charlestonwv.civicclerk.com




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 MINUTES
 ORDINANCE AND RULES COMMITTEE MEETING

 5:00 P. M., DECEMBER 18, 2023

THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL.

Chad Robinson, Chairperson, called the meeting of the Charleston City Council
Committee on Ordinance and Rules to order at 5:00 p.m., October 2, 2023.

Committee Members Present:
Chad Robinson, Chair
Patrick Salango, Vice Chair
Frank Annie
Becky Ceperley
Joseph Jenkins (arrived at 5:02)
Emmett Pepper

Absent:
Sam Minardi



Councilmembers also Present:
Mary Beth Hoover




 1. Approval of Previous Minutes –

Councilmember Ceperley motioned to approve the previous minutes from 10-2-2023.
Councilmember Annie seconded the motion. With those being present having voted
unanimously in the affirmative, the Chair declared the minutes as approved as
amended.




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 2. Resolution No. 911-23 - Declaring that the City of Charleston, City
 Administration, its City Council, its various Boards and Commissions, and the
 citizens and businesses of the City of Charleston will strive to utilize native plant
 species, minimize pesticide usage, operate bird-safe buildings, and seek
 opportunities to protect the habitats of species of the greatest conservation need
 as designated by the West Virginia Division of Natural Resources. –

Councilmember Pepper added that the resolution sets goals that are not binding. The
CLRA has identified properties that are adjacent to existing parks, which they have
purchased (such as with Danner Meadow). He realized that there wasn’t any sort of
guidance as to how to identify park spaces in the future, how to determine if a land is
best for a park, etc. Additionally, the City should not be doing anything that would
contribute to the extinction of any species. The resolution sets a goal that 75% of all
residents are within a half mile walk of a park. The City is currently at approximately
52%. The resolution also sets a goal to set aside 5% of land for parks, 3% natural.

Councilmember Ceperley spoke in favor of the resolution.

Councilmember Ceperley moved to approve Resolution No. 911-23. Councilmember
Annie seconded. With those being present having voted unanimously in the affirmative,
the Chair declared Resolution No. 911-23 as approved.



 3. Bill No. 7991 Committee Substitute - A BILL to amend sections of the Municipal
 Code relating to city agencies and boards adopting wellbeing and conservation
 goals for the city.–

Councilmember Pepper added that the bill had previously been approved by the Parks
and Recreation Committee.

Councilmember Pepper added that the Comprehensive Plan applies to all City
agencies, and the bill makes that clear in the City Code.


Councilmember Ceperley moved to approve Bill No. 7991 Committee Substitute.
Councilmember Annie seconded. With those being present having voted unanimously in
the affirmative, the Chair declared Bill No. Bill No. 7991 Committee Substitute as
approved.




Councilmember Annie motioned to adjourn the meeting. Meeting adjourned.




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 Bill No. 8028

 Introduced in Council: Adopted by Council:

 February 5, 2024

 Introduced by: Referred to:

 Jennifer Pharr, Emmett Pepper Ordinance & Rules
 And Mary Beth Hoover

 1 Bill No. 8028 - A BILL to amend and reenact Section 2-744 of the Municipal Code of the
 2 City of Charleston, as amended; to amend said code by repealing Sections 18-611, 18-
 3 612, 18-613, 18-631, 18-632, 18-633, and 18-634 of said Code; to amend and reenact
 4 Sections 18-1031, 18-1032, 18-1033, 18-1037, 18-1038, 18-1039, 18-1040, and 18-1041
 5 of said Code; to repeal Sections 18-1034, 18-1035, and 18-1036 of said Code; to amend
 6 and reenact Section 18-1061 of said Code; to repeal Section 18-1081 of said Code; and
 7 to amend and re-enact Section 110-63 of said Code, all relating to updating the regulation
 8 of vendors; repealing code requirements for itinerant vendors; updating the vendor
 9 definitions to make distinctions between street vendors, event vendors, and private
10 property vendors; removing the requirement for vendors to have a business license;
11 clarifying and simplifying the requirements for vendors; and removing duplicative
12 language.
13
14 WHEREAS, the City of Charleston is authorized to regulate the use of public streets for
15 public health, safety, welfare and convenience; and
16
17 WHEREAS, the City of Charleston undertook a modernization of its vending ordinance in
18 2021, which has greatly improved the opportunities in Charleston for new entrepreneurs;
19 and
20
21 WHEREAS, the City of Charleston finds that current and future vendors, as well as the
22 City and its residents, will benefit from clarifying and simplifying the types of vendors as
23 set forth in this bill.
24
25 NOW, therefore, be it ordained by the Council of the City of Charleston:
26
27 That Section 2-744 of the Municipal Code of the City of Charleston be amended and
28 reenacted; that Sections 18-611, 18-612, 18-613, 18-631, 18-632, 18-633, and 18-634 of
29 said Code be repealed; that Sections 18-1031, 18-1032, 18-1033, 18-1037, 18-1038, 18-
30 1039, 18-1040, and 18-1041 of said Code be amended and reenacted; that Sections 18-
31 1034, 18-1035, and 18-1036 of said Code be repealed; that Section 18-1061 of said Code
32 be amended and reenacted; that Section 18-1081 of said Code be repealed; and that
33 Section 110-63 of said Code be amended and reenacted, all to read as follows:
34
35 CHAPTER 2 - ADMINISTRATION




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36 ARTICLE VIII – CITY SERVICE FEE
37
38 Sec. 2-744 - Withholding; reporting; payment.
39
40 (a) Every employer shall deduct and withhold from any compensation or income
41 paid to an employee in its employ an amount equal to the fee imposed herein upon said
42 employee; provided, that an employer shall not deduct or withhold the fee as to any
43 employee who executes and delivers a proper form prescribed by the city collector
44 evidencing prior payment of the fee either directly or by collection through another
45 employer in the city; provided further, that the employer shall maintain adequate records
46 concerning any such employees. Every employer is deemed to be a trustee for the city in
47 collecting and holding the fee required to be withheld and the funds so collected by such
48 withholding are deemed to be trust funds. The failure of any employer to deduct the fee
49 shall not relieve the employee from the duty to pay the fee. Any employer who fails to
50 deduct the fee as required by this section, or who fails to pay the trust funds to the city
51 collector pursuant to this section and the regulations promulgated pursuant thereto, shall
52 be liable for such fee in full, along with any penalties or interest accrued thereon, as
53 though the fee had originally been assessed against the employer notwithstanding any
54 provisions herein to the contrary.
55
56 (b) Every self-employed individual who is not employed by an employer and who
57 has not had the fee deducted or withheld by an employer shall file a form prescribed by
58 the city collector and pay to the city collector all such fees that are due and owing
59 according to and in the manner prescribed by the regulations promulgated pursuant
60 hereto.
61
62 (c) Every individual engaging in the business of street vending as provided in §18-
63 1031 et seq. of this Code, or engaging in business as an itinerant vendor as provided in
64 §18-611 et seq., as applicable, who is not employed by a separate employer within the
65 city and who has not had the fee deducted or withheld by an employer, shall file a form
66 prescribed by the city collector and pay to the city collector on an annual basis all such
67 fees that are due and owing according to and in the manner prescribed by the regulations
68 promulgated pursuant hereto.
69
70 CHAPTER 18 – BUSINESS.
71 ARTICLE XIV. ITINERANT VENDORS.
72 DIVISION 1. – GENERALLY.
73
74 Sec. 18-611. - Definitions; exemptions.
75
76 (a) The following words, terms and phrases, when used in this article, shall have
77 the meanings ascribed to them in this section, except where the context clearly indicates
78 a different meaning:
79
80 Itinerant vendor includes all persons, whether working independently or as part of
81 an organized event under the umbrella of a promoter, sponsor, or organizer of an event,




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 82 who engage or conduct within this city, either in one locality or in traveling from place to
 83 place, a temporary or transient business of selling goods, wares and merchandise; and
 84 who, for the purpose of carrying on such business, use, lease or occupy either in whole
 85 or in part, a room, building or other structure, or who use, lease or occupy for such
 86 purposes a room in any hotel or other structure, for the exhibition and sale of such goods,
 87 wares and merchandise; and the person so engaged shall not be relieved from the
 88 provisions of this article by reason of association temporarily with any local dealer, trader,
 89 merchant or auctioneer, or by conducting such temporary or transient business in
 90 connection with or as part of the business of, or in the name of, any local dealer, trader,
 91 merchant or auctioneer. Itinerant vendor shall not include those individuals engaged in
 92 business under Article XXII as a street vendor using a Nonmotorized Vending Unit or
 93 Mobilized Vending Vehicle.
 94
 95 (b) The provisions of this article shall not apply to special sales nor to persons
 96 conducting special sales within the purview of article VIII of this chapter; nor to sales made
 97 to persons engaged in wholesale or retail business by commercial travelers or selling
 98 agents in the usual course of business; nor to hawkers or peddlers in the streets, roads
 99 or highways, from packs or vehicles as defined in section 18-491; nor to persons selling
100 meat or the products of the farm, garden or dairy; nor to any sales of goods, wares or
101 merchandise on the grounds of any agricultural association during the continuance of any
102 annual fair held by such association; nor to any sales by societies acting for charitable,
103 religious or benevolent purposes; nor to judicial sales directed by law, or under the orders
104 of any court; nor to the sales of the common necessities of life in any public market place.
105
106 Sec. 18-612. - Violations.
107
108 Every itinerant vendor who sells or exhibits for sale at public or private sale any
109 goods, wares or merchandise without first obtaining a license and in all other respects
110 complying with the provisions of this article, or who makes any false statement in
111 reference to the matter set out in section 18-631; and every person, whether principal or
112 agent, who, by circular, handbill, newspaper, or in any manner advertises such sale
113 before proper licenses are issued to the vendor, and before he has complied with the
114 provisions of this chapter, shall be guilty of a violation of this section, and shall be
115 punished as provided in section 1-8.
116
117 Sec. 18-613. Rules and regulations under article.
118
119 The City of Charleston City Collector’s Office is hereby authorized to promulgate
120 reasonable rules and regulations regarding the administration of the requirements of this
121 article, including the review of all Itinerant Vendor business license and applications.
122 Copies of such regulations, as amended from time to time, shall be maintained by the
123 City Collector’s Office, posted on the City’s website and on file in the City Clerk’s office,
124 and shall be available to interested parties at all reasonable times.
125
126 Secs. 18-614—18-630. - Reserved.
127




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128 DIVISION 2. - LICENSE
129
130 Sec. 18-631. - Application for license and requirements for certain class of sales.
131
132 An applicant for an itinerant vendor’s license shall file an application with the City
133 of Charleston City Collector’s Office on such form as prescribed by the city collector. Each
134 applicant for an itinerant vendor's license who proposes to advertise, represent or hold
135 forth a sale of goods, wares or merchandise as a bankrupt, insolvent, assignee, trustee,
136 executor, administrator, receiver, attorney, manufacturer's wholesale sale, or a sale of
137 any goods damaged by smoke, fire, water or otherwise shall state in writing, under oath,
138 to the city collector at the time he makes application for a license, all the facts relating to
139 the reason and character of such sale as proposed to be advertised, held forth or
140 represented, including a statement of the names of the persons from whom such goods,
141 wares or merchandise were purchased and the date of the delivery to the person applying
142 for license; the place, if any, where such goods, wares or merchandise were previously
143 exposed for sale, and such details as are necessary to locate exactly and identify fully all
144 such goods, wares and merchandise proposed to be sold. Such applicant shall also
145 include in such statement the name and residence of the owner in whose interest the
146 business is conducted.
147
148 Sec. 18-632. - Denial of license; preservation of applications and availability to
149 public; reassessment and appeal.
150
151 (a) The city collector, upon receipt of a sworn application as provided in section
152 18-631 shall, before issuing the license applied for, first confirm that the proposed sales
153 are not within the purview of article VIII of this chapter; and the city collector shall not
154 issue an itinerant vendor's license for any purpose for which a special sales license is
155 required under the provisions of article VIII of this chapter.
156
157 (b) Each application as provided in section 18-631 shall be kept on file in the office
158 of the city collector, and a record shall be kept by the city collector of all such statements
159 in convenient form and open to public inspection.
160
161 (c) The city collector may summarily deny or revoke an Itinerant Vendor’s business
162 license pursuant to the provisions of this Code: (1) for any reason aforementioned; (2)
163 for violation of any term or condition of such license promulgated hereafter; (3) for
164 violation of any pertinent provision of state law, this Code or other ordinance or rules and
165 regulations promulgated thereto; or (4) for the perpetration or attempted perpetration of
166 fraud, malpractice or malfeasance by the licensee.
167
168 (d) Any Itinerant Vendor whose license has been denied or revoked may request
169 reconsideration from the city collector. The request for reconsideration must be received
170 within 20 days from the date of receipt of the revocation and shall include a written
171 explanation stating with particularity the reason for the request. Upon receipt of a timely
172 request for reconsideration, the vendor shall be entitled to a formal hearing before the city
173 collector or a hearing examiner designated by the city collector in order to provide the




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174 vendor with an opportunity to show that the action taken was incorrect or contrary to law,
175 in whole or in part, after which hearing, the city collector or the designee shall either grant
176 or deny the request with justification thereof in writing within 15 days of the hearing. If the
177 request for reconsideration is denied, the Itinerant Vendor may appeal within 30 days
178 from the date of the denial or revocation of the license to the Circuit Court of Kanawha
179 County in the manner prescribed by law for an appeal of an administrative decision.
180
181 Sec. 18-633. - License fee.
182
183 The annual license fee to carry on the business of itinerant vendor shall be $20.00.
184 Dishonored checks shall be subject to a $15.00 returned check fee in addition to the
185 $20.00 license fee.
186
187 Sec. 18-634. - Bond required and additional requirements.
188
189 (a) Every itinerant vendor shall execute a continuing bond in the form prescribed
190 by the city collector, with satisfactory corporate surety, in the penalty of $5,000.00,
191 payable to the city, conditioned that such itinerant vendor will pay all damages accruing
192 to any person by reason of any act or action done, performed or taken by such itinerant
193 vendor in or about the conduct of his business, and further conditioned that such itinerant
194 vendor will pay all taxes, fees and penalties imposed by this city; however, the aggregate
195 liability of the surety for all such damages, taxes, fees and penalties shall, in no event,
196 exceed the sum of the bond. This bond shall be filed with the city collector and shall be
197 open to inspection during business hours to any person desiring to inspect it.
198
199 (b) Prior to the issuance of an itinerant vendor license, the applicant must agree,
200 in writing, that it shall indemnify, defend, and save harmless the City, its officers, agents,
201 and employees, from and against all liability, claims, suits, damages, losses, costs,
202 attorneys’ fees and expenses of any or all types arising out of, or related in any way to
203 the operations or activities of the Itinerant Vendor.
204
205 (c) All Itinerant Vendors are responsible for complying with taxation and fee
206 requirements as provided in this Code, including but not limited to the Business and
207 Occupation Tax as imposed in Sections 110-52 through 110-59 and City Service Fee as
208 imposed 2-744, as applicable. Nothing in this subsection shall be construed as permitting
209 the City to tax in violation of the Constitution or laws of this state or the United States.
210
211 ARTICLE XXII. STREET, EVENT, AND PRIVATE PROPERTY VENDORS.
212 DIVISION 1. GENERALLY.
213 Sec. 18-1031. Definitions.
214
215 The following words, terms and phrases, when used in this article, shall have the
216 meanings ascribed to them in this section, except where the context clearly indicates a
217 different meaning:
218




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219 Approved public right-of-way means publicly owned property including, but not limited
220 to, a park, plaza, road, sidewalk or parking space in an area zoned commercial, industrial,
221 central business, urban corridor, professional or medical campus, or otherwise
222 designated by the city manager for use by Street Vendors: Provided, That the city
223 manager may also exclude areas from the generally approved zones.
224
225 Event Vendor means any person who engages in the business of selling a service or
226 tangible personal property as part of an organized event under the umbrella of a promoter,
227 sponsor, or organizer of an event that is authorized by the city, but who does not engage
228 in business outside of the event upon an approved public right-of-way. Event Vendors
229 include both those persons that operate from a Nonmotorized Vending Unit, as well as
230 those persons that operate from a Mobilized Vending Vehicle.
231
232 Mobilized Vending Vehicle means a readily movable motorized vehicle whose
233 operator may, upon issuance of a business license and street vending permit by the City,
234 and in conformance with the rules and regulations established pursuant to this Article,
235 along with all applicable parking and traffic regulations, temporarily park such vehicle
236 upon an approved public right-of-way or on private property to engage in the lawful sale
237 of a service or sale of tangible personal property, including but not limited to, goods,
238 merchandise, food or beverages, and specifically including the preparation, service, sale
239 or distribution of ready-to-eat food and/or beverages for individual portion service to the
240 general public directly from the vehicle, commonly referred to as “food trucks”.
241
242 Nonmotorized Vending Unit means a readily movable nonmotorized device, including
243 but not limited to, a pushcart, table, or stand whose operator may, upon issuance of a
244 business license and street vending permit by the City and in conformance with the rules
245 and regulations established pursuant to this Article, temporarily set up such device on an
246 approved public right-of-way or on private property and engage in the lawful sale of a
247 service or sale of tangible personal property, including but not limited to, goods,
248 merchandise, food or beverages.
249
250 Private Property Vendor means any person who engages in the business of selling a
251 service or tangible personal property on private property, rather than on the public right-
252 of-way in an event that is authorized by the City, but who does not engage in business
253 outside of private property upon an approved public right-of-way or as part of a City
254 authorized event. Private Property Vendors are limited to those persons that operate from
255 a Nonmotorized Vending Unit or a Mobilized Vending Vehicle either in one locality or in
256 traveling from place to place; a temporary or transient business of selling goods, wares
257 and merchandise. The definition of Private Property Vendor does not include a person
258 who engages in the business of selling a service or tangible personal property at a fixed
259 place, which requires a general business license, such as a traditional brick and mortar
260 storefront.
261
262 Street Vendor means any person who possesses a valid street vending permit issued
263 by the City Collector’s Office to engage in or conduct engages in the business of selling
264 a service or tangible personal property including but not limited to goods, merchandise,




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265 food, or beverages upon any approved public right-of-way, either as principal or agent,
266 and whether working independently or as part of an organized event under the umbrella
267 of a promoter, sponsor, or organizer of an event in the city. Street Vendors include both
268 those persons that operate from a Nonmotorized Vending Unit, including but not limited
269 to, pushcarts, tables, or stands, as well as those persons that operate from a Mobilized
270 Vending Vehicle. Street Vendors include people distributing goods, merchandise, food,
271 or beverages without charge who are operating within the public right-of-way.
272
273 Outdoor dining area means a confined area of the public right of way or private
274 property, which area is adjacent to an operator's building/permanent structure, where
275 patrons may sit at tables while consuming food and beverages.
276
277 Vendor means a Street Vendor, Event Vendor, or Private Property Vendor, as defined
278 in this section. All Vendors shall follow the requirements of this article.
279
280 Sec. 18-1032. Rules and regulations under article; designation of Approved public
281 rights-of-way.
282
283 (a) The City of Charleston City Collector’s Office is hereby authorized to
284 promulgate reasonable rules and regulations regarding the administration of the
285 requirements of this article, including the review of all Street Vendor business license and
286 permit applications. Copies of such regulations, as amended from time to time, shall be
287 maintained by the City Collector’s Office, posted on the City’s website and on file in the
288 City Clerk’s office, and shall be available to interested parties at all reasonable times.
289
290 (b) The generally approved public rights-of-way are defined in Section 18-1031 of
291 this Code. The city manager shall have the authority to designate additional approved
292 public rights-of-way, or portions thereof, for use by Street Vendors; provided, the city
293 manager, at his or her discretion, shall also have the authority to suspend the use of
294 approved public rights-of-way by Street Vendors with or without prior notice for special
295 events or other reasons deemed necessary and appropriate by the city manager.
296
297 Sec. 18-1033. Scope of Article.
298
299 The provisions of this Article shall apply to all Street Vendors, including Street Vendors,
300 Event Vendors, and Private Property Vendors. engaged in the business of selling a
301 service or tangible personal property including but not limited to distributing goods,
302 merchandise, food or beverages with or without charge from a Nonmotorized Vending
303 Unit on an approved public right-of-way and Street Vendors preparing, selling or
304 distributing food and/or beverages with or without charge from a Mobilized Vending
305 Vehicle on an approved public right-of-way subject to the requirements set forth herein.
306
307 Sec. 18-1034. Business license required; application, fee.
308
309 (a) No person shall engage in the business or trade of a Street Vendor without first
310 obtaining a business license from the city collector; provided, however, that any person




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311 who already possesses a valid business license issued by the city collector for the same
312 type of business as that in which it wishes to engage in as a Street Vendor shall not be
313 required to obtain a separate business license for street vending purposes.
314
315 (b) An applicant for a business license shall file an application with the City of
316 Charleston City Collector’s Office on such form as prescribed by the city collector. The
317 applicant may be an individual or a firm or corporation on behalf of an individual. In the
318 case where a person, firm or corporation applies for the license on behalf of an individual,
319 the license shall be issued in the name of the applicant; and the license shall also bear
320 the name of the Street Vendor on whose behalf the license is issued.
321
322 (c) The license fee for engaging in the business of a Street Vendor shall be
323 $20.00 per calendar year, or any portion thereof. Dishonored checks shall be subject to
324 a $15.00 returned check fee in addition to the $20.00 license fee.
325
326 Sec. 18-1035. Revocation of business license.
327
328 The city collector, upon reasonable notice provided in writing to the licensee
329 through certified mail or personal service, may summarily revoke a Street Vendor’s
330 business license pursuant to the provisions of this Code: (1) for any reason which would
331 have been grounds for denial of such license when first issued; (2) for violation of any
332 term or condition of such license; (3) for violation of any pertinent provision of state law,
333 this Code or other ordinance or rules and regulations promulgated thereto; or (4) for the
334 perpetration or attempted perpetration of fraud, malpractice or malfeasance by the
335 licensee.
336
337 Sec. 18-1036. Request for reconsideration and appeal of revocation of business
338 license.
339
340 Any Street Vendor whose license has been revoked may request reconsideration
341 from the city collector. The request for reconsideration must be received within 20 days
342 from the date of receipt of the revocation and shall include a written explanation stating
343 with particularity the reason for the request. Upon receipt of a timely request for
344 reconsideration, the Street Vendor shall be entitled to a formal hearing before the city
345 collector or a hearing examiner designated by the city collector in order to provide the
346 vendor with an opportunity to show that the action taken was incorrect or contrary to law,
347 in whole or in part, after which hearing, the city collector or the designee shall either grant
348 or deny the request with justification thereof in writing within 15 days of the hearing. If the
349 request for reconsideration is denied, the Street Vendor may appeal within 30 days from
350 the date of the denial or revocation of the license to the Circuit Court of Kanawha County
351 in the manner prescribed by law for an appeal of an administrative decision.
352
353 Sec. 18-1037. Street vending Vending permit required; application, fees.
354




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355 (a) No person or business entity, including a religious or charitable organization,
356 shall operate a Nonmotorized Vending Unit or a Mobilized Vending Vehicle upon the
357 public right-of-way as a Vendor within the City without a street vending permit, except as
358 otherwise herein provided.
359
360 (b) An applicant for a street vending permit shall file an application with the City of
361 Charleston City Collector’s Office on such forms and subject to such procedures as the
362 City Collector’s Office may establish. All applicants shall acknowledge in writing that they
363 will not serving serve food or alcohol, unless and until they are in good standing with the
364 Kanawha-Charleston Health Department and the West Virginia Alcohol Beverage Control
365 Administration, as applicable. Upon request by the City Collector’s Office, a vendor shall
366 submit with their application evidence of approval from the Kanawha-Charleston Health
367 Department and the West Virginia Alcohol Beverage Control Administration, as
368 applicable.
369
370 (c) The City shall charge an administrative fee for permits not to exceed of $20.00
371 per permit per calendar year, or any portion thereof. Dishonored checks shall be subject
372 to a $15.00 returned check fee in addition to the $20.00 permit fee. The applicant shall
373 indicate whether it is applying to be a Street Vendor, Event Vendor, or Private Property
374 Vendor. All approved Street Vendors are automatically qualified to be Event Vendors and
375 Private Property Vendors. All Event Vendors are automatically qualified to be Private
376 Property Vendors.
377
378 (d) Permits are nontransferable, and each Nonmotorized Vending Unit or Mobilized
379 Vending Vehicle Vendor must have its own permit which shall be posted at all times on
380 or in the Nonmotorized Vending Unit or Mobilized Vending Vehicle, visible to customers
381 and the public.
382
383 (e) The City Collector shall issue the vending permit upon receipt of a satisfactory
384 application and administrative fee, and such permit shall clearly indicate whether it is a
385 Street Vendor, Event Vendor, or Private Property Vendor. Permits shall be renewable on
386 a calendar year basis and shall expire on December 31 of each year: Provided, That any
387 street vendor permit granted under the previous version of this Municipal Code for the
388 fiscal year ending June 30, 2021, shall be automatically extended and deemed to expire
389 on December 31, 2021.
390
391 Sec. 18-1038. Additional Requirements.
392
393 (a) Prior to the issuance of a street vending permit for a Street Vendor, the
394 applicant must agree, in writing, that it shall indemnify, defend, and save harmless the
395 City, its officers, agents, and employees, from and against all liability, claims, suits,
396 damages, losses, costs, attorneys’ fees and expenses of any or all types arising out of,
397 or related in any way to the operations or activities of the Street Vendor. The Street
398 Vendor applicant (b) An applicant seeking a permit for a Nonmotorized Vending Unit or
399 Mobilized Vending Vehicle shall maintain such general liability insurance with at least
400 $1,000,000 coverage per each occurrence and shall name as additional insured the City




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401 of Charleston, its agents, officers, directors, and employees. A copy of said insurance
402 policy shall be furnished to the City of Charleston.; Provided that,
403
404 (b) Prior to the issuance of a vending permit for an Event Vendor, the applicant
405 must acknowledge, in writing, that it is only applying to operate if a Street Vendor is
406 operating in conjunction with an organized event, private or public authorized by the City,
407 and said event provides umbrella insurance coverage sufficient to satisfy the
408 requirements herein or that the Event Vendor will be required to provide further
409 information to the City Event Coordinator., then the street vendor will not be required to
410 maintain independent insurance to participate in the organized event.
411
412 (c) Prior to the issuance of a vending permit for a Private Property Vendor, the
413 applicant must acknowledge, in writing that it is only applying to operate on private
414 property and that it will need a different permit if it intends to operate as part of an
415 authorized City event or upon the public right of way.
416
417 Sec. 18-1039. Revocation of street vending permit.
418
419 The city collector, upon reasonable notice provided in writing to the Street Vendor
420 through certified mail or personal service, may summarily revoke a Street Vendor’s permit
421 pursuant to the provisions of this Code: (1) for any reason which would have been
422 grounds for denial of such permit when first issued for: (2) for violation of any term or
423 condition of such permit; (3) for violation of any pertinent provision of state law, this Code
424 or other ordinance or rules and regulations promulgated thereto; or (4) for the perpetration
425 or attempted perpetration of fraud, malpractice or malfeasance by the permittee.
426
427 Sec. 18-1040. Request for reconsideration and appeal of revocation of street
428 vending permit.
429
430 Any Street Vendor whose permit has been revoked may request reconsideration
431 from the city collector. The request for reconsideration must be received within 20 days
432 from the date of receipt of the revocation and shall include a written explanation stating
433 with particularity the reason for the request. Upon receipt of a timely request for
434 reconsideration, the Street Vendor shall be entitled to a formal hearing before the city
435 collector or a hearing examiner designated by the city collector in order to provide the
436 Vendor with an opportunity to show that the action taken was incorrect or contrary to law,
437 in whole or in part, after which hearing, the city collector or the designee shall either grant
438 or deny the request with justification thereof in writing within 15 days of the hearing. If the
439 request for reconsideration is denied, the Street Vendor may appeal within 30 days from
440 the date of the denial or revocation of the license permit to the Circuit Court of Kanawha
441 County in the manner prescribed by law for an appeal of an administrative decision.
442
443 Sec. 18-1041. Compliance with federal, state and local laws and regulations.
444
445 (a) The operation of a Nonmotorized Vending Unit or Mobilized Vending Vehicle
446 pursuant to a street vending permit granted under this Article shall comply with all




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447 provisions of state and local building and fire codes, as well as all state and local health
448 laws and regulations regarding the service and preparation of food, if applicable. Nothing
449 in this article shall be intended to alter or abridge any applicable federal, state and local
450 laws, unless specifically stated herein with respect to the Municipal Code of the City of
451 Charleston.
452
453 (b) Nothing in this article shall be intended to alter or abridge the prohibition of
454 service of alcoholic beverages or possession thereof on public property in the City, as set
455 forth in applicable West Virginia Code and Section 78-211(b) of the Municipal Code of the
456 City of Charleston.
457
458 (c) All Street Vendors are responsible for complying with all taxation and fee
459 requirements as provided in this Code, including but not limited to the Business and
460 Occupation Tax as imposed in Sections 110-52 through 110-59 and the City Service Fee
461 as imposed in Sections 2-737 and 2-744. However, the taxation and fee requirements for
462 Street Vendors shall be on an annual filing basis for the entire calendar year on forms
463 prescribed by the City Collector, rather than by quarterly filing. Therefore, all tax and fee
464 requirements referenced herein shall be filed and paid to the Office of the City Collector
465 by January 31st of the succeeding year. Failure to properly file the required annual tax
466 return will result in the withholding or suspension of a Street Vendor license and permit.
467
468
469 DIVISION 2. NONMOTORIZED VENDING UNITS; PUSHCARTS, TABLES AND
470 STANDS VENDOR STANDARDS.
471
472 Sec. 18-1061. Standards for Nonmotorized Vending Units Requirements and
473 Regulations of Vendors.
474
475 (a) It shall be unlawful to leave any Nonmotorized Vending Unit or Mobilized
476 Vending Vehicle unattended on an approved public right of way or remain on an approved
477 public right of way outside of the allowed hours of operation, unless the Mobilized Vending
478 Vehicle is legally parked in a manner consistent with all parking and traffic regulations. If
479 any Nonmotorized Vending Unit is left unattended for more than 30 minutes, it will be
480 considered abandoned and may be removed by the City. A Mobilized Vending Vehicle
481 left unattended in violation of this subsection shall be subject to citation(s) for
482 traffic/parking violations and may be towed by the City. If removed or towed by the City
483 consistent with this subsection, the Street Vendor shall be liable for all reasonable
484 removal, towing, and storage charges. The City may also require additional restrictions
485 to abate nuisances.
486
487 (b) A Street Vendor may not operate a Nonmotorized Vending Unit or Mobilized
488 Vending Vehicle within two hundred (200) feet of any event that is licensed or sanctioned
489 authorized by the City, unless the Street Vendor is an authorized approved participant in
490 such event.
491
492 (c) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending




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493 Vehicle may not make or cause to be made any unreasonable or excessive noise in
494 violation of Section 78-212 of this Code, including noise from generators. Any Street
495 Vendor operating a Nonmotorized Vending Unit or Mobilized Vending Vehicle in
496 conjunction with an operational generator may not operate within 50 feet from any outdoor
497 dining area as defined in this Article. A Street Vendor may not use or maintain any outside
498 sound amplifying equipment, lights, or noisemakers, such as bells, horns or whistles or
499 similar devices. A Street Vendor engaging in food service shall take all reasonable steps
500 to prevent activity akin to a nuisance, including but not limited to smoke and steam
501 emissions.
502
503 (d) With the exception of trash bins and signage authorized by this section, a Street
504 Vendor operating a Nonmotorized Vending Unit or Mobilized Vending Vehicle may not
505 use or place on the approved public right-of-way any external signage, tables, seating, or
506 any other equipment not contained within or upon the Nonmotorized Vending Unit or
507 Mobilized Vending Vehicle.
508
509 (e) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending
510 Vehicle may not have any exclusive and/or perpetual right to use any location upon the
511 streets, alleys, or public grounds of the City. All locations designated as approved public
512 rights-of-way for Nonmotorized Vending Units shall be available on a first come, first
513 served basis with no particular location(s) assigned to any particular Street Vendor(s).
514 Notwithstanding, the City may assign locations for Street Vendors during city-sponsored
515 events.
516
517 (f) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending
518 Vehicle may not conduct business on an approved public right-of-way between the hours
519 of 4 a.m. and 6 a.m. nor may any Nonmotorized Vending Unit or Mobilized Vending
520 Vehicle be permitted to remain on an approved public right-of-way between the hours of
521 4 a.m. and 6 a.m., unless the Mobilized Vending Vehicle is parked in conformance with
522 all applicable parking and traffic regulations. Mobilized Vending Vehicles shall be parked
523 at all times in conformance with applicable parking and traffic regulations, including but
524 not limited to payment of parking meters during hours of operation, and may not hinder
525 the lawful parking or operation of other vehicles. Mobilized Vending Vehicles may not bag
526 parking meters to conduct street vending operations. Mobilized Vending Vehicles shall
527 be permitted to park in loading zones between the hours of 6:00 p.m. and 4:00 a.m. Any
528 opening or window from which business is conducted for all Mobilized Vending Vehicle
529 must open toward the sidewalk, walkway or parking area. No window or opening from
530 which business is conducted may open toward the street or traffic area.
531
532 (g) A Nonmotorized Vending Unit or Mobilized Vending Vehicle operating within
533 the designated locations may not be of a size or configuration as to interfere with City or
534 public use of any public right-of-way or impede ingress or egress by vehicles or
535 pedestrians.
536
537 (h) An unobstructed clearance for pedestrian travel consistent with the Americans
538 with Disabilities Act must be maintained around any Nonmotorized Vending Unit or




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539 Mobilized Vending Vehicle.
540
541 (i) An unobstructed clearance of 42 inches, must be maintained between a fire
542 hydrant and any Nonmotorized Vending Unit or Mobilized Vending Vehicle.
543
544 (j) A Street Vendor operating a Nonmotorized Vending Unit or Mobilized Vending
545 Vehicle may not park such Unit on a utility/manhole cover located upon an approved
546 public right-of-way.
547
548 (k) Street Vendors shall obey any lawful order of a police officer to move a
549 Nonmotorized Vending Unit or Mobilized Vending Vehicle to a different approved location,
550 or to remove it entirely, if necessary to avoid congestion or obstruction of a public right-
551 of-way, or for the City’s use of such right-of-way for emergency purposes, construction or
552 any other public benefit deemed necessary or appropriate at the discretion of the officer
553 including but not limited to nuisance abatement.
554
555 (l) Any power required for a Nonmotorized Vending Unit or Mobilized Vending
556 Vehicle located on an approved public right-of-way shall be self-contained and it may not
557 draw its power from the public right-of-way, except where approved by the city manager.
558 Power cables or equipment may not extend across any public street, alley or sidewalk.
559
560 (m) Street Vendors operating a Nonmotorized Vending Unit or Mobilized Vending
561 Vehicle shall contain all refuse, trash, and litter within the Nonmotorized Vending Unit or
562 Mobilized Vending Vehicle, or provide a small moveable trash can maintained by the
563 Street Vendor and located adjacent to the Nonmotorized Vending Unit or Mobilized
564 Vending Vehicle in such a manner as not to block or otherwise obstruct pedestrian or
565 vehicular traffic. The operator of the Nonmotorized Vending Unit or Mobilized Vending
566 Vehicle shall be responsible for properly disposing of such refuse, trash, and litter as
567 would any business, and shall not place it in any public trash container, or in any private
568 container without proper permission. Spills of food or food by-products shall be cleaned
569 up by the Street Vendor operating the Nonmotorized Vending Unit or Mobilized Vending
570 Vehicle, and no dumping of gray water on the streets is allowed.
571
572 (n) Any signage or advertising signs shall be maintained by the Street Vendor and
573 located adjacent to the Nonmotorized Vending Unit or Mobilized Vending Vehicle in such
574 a manner as not to block or otherwise obstruct pedestrian or vehicular traffic.
575
576 (o) The Street Vendor’s license permit shall be displayed conspicuously at all times
577 upon the vendor's vehicle, table, cart or container. Any and all additional licenses or
578 permits required pursuant to law and this article shall be displayed conspicuously at all
579 times upon the vendor's vehicle, table, cart or container.
580
581 (p) Nothing in this Section shall be construed to prohibit the distribution or the sale
582 of newspapers on the sidewalks or from a vehicle.
583
584 DIVISION 3. MOBILIZED VENDING VEHICLES.




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585
586 Sec. 18-1081. Standards for Mobilized Vending Vehicles.
587
588 (a) It shall be unlawful to leave any Mobilized Vending Vehicle unattended on an
589 approved public right-of-way or remain on an approved public right-of-way outside of the
590 allowed hours of operation unless the same is legally parked in a manner consistent with
591 all parking and traffic regulations. A Mobilized Vending Vehicle left unattended in violation
592 of this subsection shall be subject to citation(s) for traffic/parking violations and may be
593 towed by the City. If removed by the City consistent with this subdivision, the Street
594 Vendor shall be held liable for all reasonable towing and storage charges. The City may
595 also require additional restrictions to abate nuisances.
596
597 (b) A Street Vendor may not operate a Mobilized Vending Vehicle within two
598 hundred (200) feet of any event that is licensed or sanctioned by the City, unless the
599 Street Vendor is an authorized participant in such event.
600
601 (c) A Street Vendor operating a Mobilized Vending Vehicle may not make or cause
602 to be made any unreasonable or excessive noise in violation of Section 78-212 of this
603 Code, including noise from generators. Any Street Vendor operating a Mobilized Vending
604 Vehicle in conjunction with an operational generator may not operate within 50 feet from
605 any outdoor dining area as defined in this Article. A Street Vendor may not use or maintain
606 any outside sound amplifying equipment, lights, or noisemakers, such as bells, horns or
607 whistles or similar devices. A Street Vendor engaging in food service shall take all
608 reasonable steps to prevent activity akin to a nuisance, including but not limited to smoke
609 and steam emissions.
610
611 (d) With the exception of trash bins, a Street Vendor operating a Mobilized Vending
612 Vehicle may not use or place on the public right-of-way any external signage, tables,
613 seating, or any other equipment not contained within or upon the Mobilized Vending
614 Vehicle.
615
616 (e) A Street Vendor operating a Mobilized Vending Vehicle may not have any
617 exclusive and/or perpetual right to use any location upon the streets, alleys, or public
618 grounds of the City. All locations designated as approved public rights-of-way for
619 Mobilized Vending Vehicles shall be available on a first come, first served basis with no
620 particular location(s) assigned to any particular Street Vendor(s). Notwithstanding, the
621 City may assign locations for Street Vendors during city-sponsored events.
622
623 (f) A Street Vendor operating a Mobilized Vending Vehicle may not conduct
624 business on an approved public right-of-way between the hours of 4 a.m. and 6 a.m., nor
625 may any Mobilized Vending Vehicle be permitted to remain on any approved public right-
626 of-way between the hours of 4 a.m. and 6 a.m. unless parked in conformance with all
627 applicable parking and traffic regulations.
628
629 (g) Mobilized Vending Vehicles shall be parked at all times in conformance with
630 applicable parking and traffic regulations, including but not limited to payment of parking




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631 meters during hours of operation, and may not hinder the lawful parking or operation of
632 other vehicles. Mobilized Vending Vehicles may not bag parking meters to conduct street
633 vending operations. Mobilized Vending Vehicles shall be permitted to park in loading
634 zones between the hours of 6:00 p.m. and 4:00 a.m. Any opening or window from which
635 business is conducted for all Mobilized Vending Vehicle must open toward the sidewalk,
636 walkway or parking area. No window or opening from which business is conducted may
637 open toward the street or traffic area.
638
639 (h) A Mobilized Vending Vehicle may not be of a size or configuration as to interfere
640 with City or public use of any public right-of-way or impede ingress or egress by vehicles
641 or pedestrians.
642
643 (i) An unobstructed clearance of at least 42 inches must be maintained between a
644 fire hydrant and any Mobilized Vending Vehicle.
645
646 (j) An unobstructed clearance for pedestrian travel consistent with the Americans
647 with Disabilities Act must be maintained around any Mobilized Vending Vehicle.
648
649 (k) A Street Vendor operating a Mobilized Vending Vehicle may not park such
650 Vehicle on a utility/manhole cover located upon an approved public right-of-way.
651
652 (l) Street Vendors shall obey any lawful order of a police officer to move a Mobilized
653 Vending Vehicle to a different approved location, or to remove it entirely, if necessary to
654 avoid congestion or obstruction of a public right-of-way, or for the City’s use of such right-
655 of-way for emergency purposes, construction or any other public benefit deemed
656 necessary or appropriate at the discretion of the officer, including but not limited to the
657 abatement of a nuisance.
658
659 (m) Any power required for the Mobilized Vending Vehicle located on a public right-
660 of- way shall be self-contained and it may not draw its power from the public right-of-way,
661 except where approved by the city manager. Power cable or equipment may not be
662 extended across any public street, alley or sidewalk.
663
664 (n) Street Vendors shall contain all refuse, trash, and litter within the Mobilized
665 Vending Vehicle or provide a small moveable trash can maintained by the Street Vendor,
666 and located adjacent to the Mobilized Vending Vehicle in such a manner as not to block
667 or otherwise obstruct pedestrian or vehicular traffic. The Street Vendor operating the
668 Mobilized Vending Vehicle shall be responsible for properly disposing of such refuse as
669 would any business, and may not place it in any public trash container, or in any private
670 container without proper permission. Spills of food or food by-products shall be cleaned
671 up by the Street Vendor operating the Mobilized Vending Vehicle, and no dumping of gray
672 water on the streets is allowed.
673
674 (o) Any signage or advertising signs shall be maintained by the Street Vendor and
675 located adjacent to the Mobilized Vending Vehicle in such a manner as not to block or
676 otherwise obstruct pedestrian or vehicular traffic.




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677
678 (p) The Street Vendor’s license shall be displayed conspicuously at all times upon
679 the vendor's Mobilized Vending Vehicle. Any and all additional licenses or permits
680 required pursuant to law and this article shall be displayed conspicuously at all times upon
681 the vendor's Mobilized Vending Vehicle.
682
683 (q) Nothing in this Section shall be construed to prohibit the distribution or the sale
684 of newspapers from a motor vehicle.
685
686 CHAPTER 110 – TAXATION
687 ARTICLE II – BUSINESS AND OCCUPATION TAX
688
689 Sec. 110-63. - Exemptions.
690
691 (a) The provisions of this article shall not apply to:
692
693 (1) Insurance companies which pay the state a tax upon premiums; provided, that
694 such exemption shall not extend to that part of gross income of insurance companies
695 which is received for the use of real property, other than property in which any such
696 company maintains its office or offices, in the city, whether such income is in the form of
697 rentals or royalties;
698
699 (2) Nonprofit cemetery companies organized and operated for the exclusive benefit
700 of their members;
701
702 (3) Fraternal societies, organizations and associations organized and operated for
703 the exclusive benefit of their members and not for profit; provided, that this exemption
704 shall not extend to that part of gross income arising from the sale of alcoholic liquor, food
705 and related services of such fraternal societies, organizations and associations which are
706 licensed as private clubs under the provisions of W. Va. Code ch. 60, art. 7;
707
708 (4) Corporations, associations and societies organized and operated exclusively
709 for religious or charitable purposes; provided that: the City may impose its business and
710 occupation tax on any activity of a corporation, association or society organized and
711 operated exclusively for religious or charitable purposes only to the extent that the income
712 generated by the activity is subject to taxation under the provisions of section 511 of the
713 Internal Revenue Code of 1986, as amended;
714
715 (5) Production credit associations, organized under the provisions of the federal
716 Farm Credit Act of 1933; provided, that the exemptions of this section shall not apply to
717 corporations or cooperative associations organized under the provisions of W. Va. ch. 19,
718 art. 4;
719
720 (6) Any credit union organized under the provisions of chapter 31 or any other
721 chapter of the Code of West Virginia; provided, that the exemptions of this section shall




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722 not apply to corporations or cooperative associations organized under the provisions of
723 W. Va. ch. 19, art. 4;
724
725 (7) Gross income derived from advertising service rendered in the business of
726 radio and television broadcasting;
727
728 (8) The gross income or gross proceeds of sale of a gasification or liquefaction of
729 coal project in the demonstration, pilot or research states; provided, that prior to the
730 commencement of operation of any such project, the tax commissioner of the state shall
731 have first certified the project as eligible for such exemption; provided, further, that such
732 exemption shall expire seven years from the date the project first receives gross income
733 or gross proceeds from sales; and
734
735 (9) The first five thousand dollars ($5,000.00) of gross income or gross proceeds
736 in each calendar year derived from sales or services by a street vendor or itinerant vendor,
737 as defined Section 18-1031 of this Code, shall be exempt from the tax imposed by this
738 Article. The street vendor or itinerant vendor shall file a Business and Occupation tax
739 return for such gross income or gross proceeds even if such revenue is exempt.
740
741 (b) An organization is "charitable" for purposes of subdivision (4) of subsection
742 (a) of this section if it satisfies both of the following criteria: (1) it is exempt from Federal
743 Tax, under 26 U.S.C. § 501(c)(3), and (2) its purposes include relief of poverty,
744 advancement of education, advancement of religion, promotion of health, governmental
745 or municipal purposes, or other purposes that are beneficial to the community.




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MINUTES
 ORDINANCE AND RULES COMMITTEE MEETING

 6:00 P. M., FEBRUARY 20, 2024

THE MEETING WAS HELD IN PERSON IN THE AV ROOM #308 IN CITY HALL.

Chad Robinson, Chairperson, called the meeting of the Charleston City Council
Committee on Ordinance and Rules to order at 6:00 p.m., February 20, 2024.

Committee Members Present:
Chad Robinson, Chair
Patrick Salango, Vice Chair
Frank Annie
Becky Ceperley
Joseph Jenkins
Sam Minardi
Emmett Pepper

Absent:


Councilmembers also Present:
Beth Kerns




 1. Approval of Previous Minutes –

Councilmember Pepper motioned to approve the previous minutes from 12-18-2023.
Councilmember Annie seconded the motion. With those being present having voted
unanimously in the affirmative, the Chair declared the minutes as approved as
amended.
 2. Bill No. 8028 – A BILL to amend the Municipal Code of the City of Charleston
 relating to updating the regulation of vendors. –

City Attorney, Kevin Baker, added that the City Collector’s Office believed that the
requirements for vendors could be simplified. The bill redefines how vendors are
organized by removing the itinerant vendor classification, and removed the business
license requirement. Instead, there is a vendor license requirement, which will reduce
the overall fees from $40 to $20/annually. The new split for vendors is based on where
that vendor will be operating. The Street Vendor Permit allows for vendors to be on a
public right of way, involved in events and on private property, etc. An Event Vendor
Permit is allowed during specific, city approved events, such as Festivall. The Private
Property Vendor License allows for vendors to set up on private property, such as on
the parking lot of a business.

Councilmember Pepper wanted clarification that line 519, stating that vendors were not
allowed to be on the street between 4-6am, applied to all vendors. Baker replied that
was current Code. Pepper asked would that apply to Regatta vendors that were parked
in those locations overnight. Baker replied that applied to the public right of ways, and
would not affect Regatta vendors.

Councilmember Jenkins asked if licenses were required for Private Property vendors,
and would that apply to someone who sold something on Ebay. Baker replied that was
not the intent, and would not apply in those instances. Councilmember Jenkins
suggested adding an “and” to line 256 as a way to clarify those being separate. Baker
replied that could be changed clerically.

From the audience, Councilmember Kerns spoke in favor of the bill. She added that this
would bring back vendors who were put off from the many fees and licenses previously
required.

Councilmember Pepper moved to approve Bill No. 8028 with the mentioned technical
cleanup. Councilmember Annie seconded. With those being present having voted
unanimously in the affirmative, the Chair declared Bill No. 8028 as approved.




Councilmember Annie motioned to adjourn the meeting. Meeting adjourned.