5.07.050 License – Application – Standards and limitations

5.07.050 License – Application – Standards and limitations.

An applicant for a license under this chapter must file an application in writing. The City Recorder shall provide the application form and establish written procedures and submittal requirements necessary to process the application in accordance with this Chapter. The application will be reviewed to determine compliance with the following standards and limitations.

1. The proposed use must meet the definition of “transient merchant” and be subject to classification as set out in HRMC 5.07.030. Any use not meeting the definition of “transient merchant” or subject to classification shall be deemed to be a use subject to review under HRMC Title 17.

2. Transient merchants shall not be permitted in the R-1, R-2 or R-3 zones. Written permission of the property owner for the proposed use shall be required. No encroachment upon city rights-of-way shall be permitted.

3. Each license shall be issued for a single fixed location, and no transient merchant shall change location except upon a permitted license renewal; provided, however, that Port-owned Waterfront properties shall be considered one location for purposes of this section, and movement within the Waterfront on Port-owned properties shall be subject to regulation by the Port of Hood River or its designee.

4. Unless approved as part of a commercial land use permit in compliance with HMRC Title 17, no transient merchant who is a food vendor shall be permitted to park accessory RVs or trailers, erect accessory structures or buildings, nor provide tables or seating for the use of patrons. A table for condiments will be permitted.

5. No more than four licenses to operate may be issued for a single site, lot, or parcel, unless first approved as a commercial use with a waste, sewer, restroom, and transportation plan and assessment, in compliance with applicable regulations of HRMC Title 17.

1. The proposed use must meet the definition of “special event.” Any use not meeting the definition of “special event” shall be deemed to be a use subject to review under chapter 17.03.050.

2. Special events shall not be permitted in the R-1, R-2.or R-3 zones. Written permission of the property owner for the proposed use shall be required.

3. A special event license is issued to the sponsor of the special event.

4. The license shall be limited to the duration of the special event, not to exceed 15 days.

5. The application must be submitted 30 days prior to the first day of the special event. An application submitted after the deadline will be considered if accompanied by a late fee and submitted no later than 14 business days prior to the first day of the special event. If the 30th day falls on a day when the City administrative offices are closed, the application will be considered if it is received by the City on the next business day.

6. The Chief of Police shall have the authority and discretion to set general policy for security and safety for special events and to determine the specific security and safety requirements for an individual special event.

C. All licenses shall also comply with the following:

1. All licenses must comply with all applicable state and local laws, including but not limited to regulations and standards imposed or enforced by the Hood River County Sanitarian and the Hood River Municipal Code.

2. All waste shall be disposed of in compliance with all city, county and state standards, and may not be poured into storm sewers or onto the ground. Adequate trash receptacles must be provided in accordance with the terms of the license.

3. No use will be permitted:

a. Within the required landscape or setback area of the property;

b. That blocks vision at street intersections;

c. That blocks a crosswalk or otherwise impedes the flow of pedestrian traffic;

d. That blocks entrances or exits from buildings;

e. That blocks a driveway or otherwise impedes the flow of vehicular traffic;

f. Within 10 feet of any disabled parking space or access ramp;

g. Within 50 feet of any entrance or driveway to a health care facility with an emergency or urgent care facility, school, or police or fire station;

h. Within any service drive of a parking lot; or

i. In a location that conflicts with any fire or safety code regulations.

4. The City Recorder may impose conditions of approval on the license that are necessary to comply with the requirements of the license and this chapter. In determining whether to grant or deny a license, or in setting any conditions of approval, the City Recorder shall consider:

a. The need to maintain the free flow of pedestrian and vehicular traffic on streets, sidewalks and areas open to the public;

b. Criminal history of the applicant or event sponsor;

c. Any documented history of problems with an applicant or event previously held;

d. Suitability of the premises for the type of activity applied for; and

e. Compliance with all applicable local and state laws, ordinances and regulations, and the standards set forth in this section.

5. The conditions applicable to a license may include the right of the city or the County Sanitarian to a post-licensing inspection of the licensee’s business premises to insure compliance with appropriate structural, mechanical, fire, health and/or safety regulations or concerns. Inspection may also be conducted from time to time during the course of the license period, as deemed necessary by the city or the County Sanitarian. If the licensee fails, within the specified time, or if no time is specified, a reasonable time, to remedy any non-complying practice or defective condition identified as a result of any inspection, the licensee’s license shall be revoked, without refund.

6. The Fire Marshal shall have the authority and discretion to set general policy for fire safety, including inspections, and to determine the specific fire safety requirements and require a fire safety inspection for any individual transient merchant or special event. Whenever in the opinion of the Fire Marshal it is necessary for public safety at a special event, the Fire Marshal may require the special event licensee to contract with the City for standby fire and emergency medical watch through the City’s Fire Department. The licensee shall be responsible for paying the City’s fee for such coverage and the licensee shall execute a contract for the services as a condition to receiving the special event license.

7. The Building Official shall have the authority and discretion to require structural inspections for any temporary structure.

8. All licensees for use of City-owned property, including rights-of-way, shall be required to furnish evidence of liability insurance providing primary coverage in an amount that is not less than the City’s tort liability limits established by the Oregon Legislature naming the City as an additional insured. The liability insurance shall apply to, and provide coverage for, any and all claims for bodily injury and property damage arising from or caused by the use for which the license is granted and shall be primary coverage. In lieu of meeting the insurance requirements of this section, any governmental entity may enter into an agreement with the City to indemnify and hold the City harmless in the event of any damage or injury resulting from the use.

9. All licenses shall include a condition of approval requiring the licensee to reimburse the City the costs incurred by the Police Department and Fire Department in responding to the special event or transient merchant’s operation. Payment must be made to the City within 30 days of the date of the City’s invoice. In any action to collect unpaid balances, the City is entitled to collect its cost and attorney fees. (Ord. 2073 §2, 2023)