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MEMORANDUM
January 25, 2005
TO: Shana YeIverton, Acting City Manager
FROM: Greg Last, Director of Economic Development
Stefanie Wagoner, Economic Development Specialist
SUBJECT: Southlake Sidewalk Sale Ordinance No. 883
Action Requested: Discussion and staff direction regarding Ordinance 883 providing for
administrative processes to implement a city -wide sidewalk sale.
Background
Information: Staff from the Southlake Chamber of Commerce and the Department of
Economic Development network continuously with Southlake businesses.
The implementation of a citywide Southlake Sidewalk Sale (SLSS) is a
proposed program resulting from brainstorming ideas with local businesses.
It is our desire to hold a sidewalk sale in order to encourage patronage of
local businesses as well as generate revenues for the City of Southlake.
Financial
Considerations: None at this time, Future year budget requests may include funds to assist
in promotional advertising.
Citizen Input/
Board Review: None,
Legal Review: The City Attorney's Office has been involved in the review of this
ordinance. Discussions are ongoing as to details of the ordinance.
Alternatives: At the direction of City Council,
Supporting
Documents: Attached you will find the following items:
• Southlake Sidewalk Sale "Program Summary"
• Southlake Sidewalk Sale Ordinance No. 883, current draft
Staff
Recommendation: Direct the Economic Development staff to continue preparation of the
Sidewalk Sale Ordinance for City Council approval.
Southlake Sidewalk Sale
Program Summary
S OUTHLAKE Following is a summary of topics related to a
C: h a to h e r of Commerce potential "Southlake Sidewalk Sale" event to be
held for the benefit of Southlake retailers
Department of
Economic Development
Overview This event is intended as a single -day event held city -wide in order to promote the retail
businesses in the City of Southlake.
Coordinating Sponsors: The event would be jointly coordinated and sponsored by the Southlake
Chamber of Commerce and the City of Southlake Department of Economic Development,
Southlake Chamber of Commerce Southlake Department of Economic Devgloprtteltt
Giovanna Phillips, President Stefanie Wagoner, Econ. Dev. Specialist
PH: (817) 481 -8200 PH: (817) 481 -1 676
FX: (817) 749 -8202 FX: (817) 481 -1701
EM: phi Ilips a southlakechamber.com EM: swagoner @ci.southlake.tx.us
Purpose: Following are the major purposes for holding the Southlake Sidewalk Sale (SLSS).
• To generate additional sales tax revenue for the City of Southlake
• To provide additional sales for the retailers and restaurants in Southlake
• To raise the awareness of Southlake as a destination retail location in Dallas /Fort Worth
• To enhance the relationships between Southlake retailers and the Southlake Chamber of
Commerce and Southlake Department of Economic Development
Event Following are the primary aspects of the event.
• Duration: The intent is to hold a single -day event, currently proposed as a Saturday.
• Time: The event would begin at 8:00 a,m. (or when the stores open) and conclude no later
than 9:00 p.m. that evening.
• Date: The date is to be determined, but anticipated for early spring (June ?) of 2005.
Feedback regarding the desired date would be solicited from a roundtable representation of
retailers,
Display of Merchandise Following are topics related to the locations at which items may be
displayed for sale and duration of display..
• Permitted Display: Sidewalks in front of or along side the lease space of the participating
tenant.. Parking areas as approved by the property manager and only where the parking is
off-street on private property,
• Prohibited Display: Within public right- of-way (ROW) (with exception of Town Square
which has public ROW to the face of the retail buildings and then it is only allowed on the
sidewalks), and landscape areas„
• Timing of Display: No merchandise could be displayed outside the store earlier than two
hours prior to the start of the event, and all items must be returned to inside the store within
two hours after the end of the event.
Southlake Sidewalk Sale - Program Summary - Jamary 25, 2005 - Page 1 of 2
Activities & Events
• Individual property managers may coordinate activities or events such as bounce houses for
kids, wiener dog races, etc.
• A master list of all anticipated events shall be kept by the coordinating entities,
• Potentially a "food- tasting" area or event of some kind.
• Public safety trailer and life safety topics (maybe hazardous weather training if held in the
spring ?)
Advertising Following are anticipated or potential advertising elements,
• Full -page (or as cost allows) newspaper advertising utilizing logos of every business
participating in the SLSS.
• TV coverage stimulated through an organized media campaign.
• Information on the Southlake City website and St. Chamber website.
• Articles in the Southlake Chamber of Commerce Newsletter.
• Articles in the Southlake City Newsletter.
• Costs of advertising would be negotiated between the City, Chamber and participants,.
Signa e,
• All banner signs related to the SLSS would be exempt from sign permit fees but would be
required to be permitted.
• All banner signs would have to include the wording "Southlake Sidewalk Sale" along with
whatever the business wanted to say.
• Signs similar to "Southlake Sidewalk Sale this Saturday" would be allowed to go up on the
businesses and for each retail center no earlier than the Wednesday immediately before the
Saturday sale.
Property Manager Coordination
• All property managers of retail centers would be asked to participate and help coordinate
their tenants and ensure compliance with any on -site regulations,
• Adequate contact information must be provided for each center's property manager to the
SL Economic Development staff prior to the event.
Securi
• The City may need to provide additional bike patrols (or as they see fit) for additional
exposure and security at various locations or major centers_
Approval Process
• The Economic Development staff will take the lead on seeking guidance regarding the
appropriate approval process through the City. This is currently being discussed with the
Planning staff and the City Attorney's office.
Southlake Sidewalk Sale - Program Summary - January 25, 2005 - Page 2 of 2
SOUTHLAKE SIDEWALK SALE ORDINANCE NO. 883
AN ORDINANCE GRANTING AUTHORIZATION TO HOLD A CITY -WIDE
SOUTHLAKE SIDEWALK SALE; ESTABLISHING AN APPLICATION AND
APPROVAL PROCESS; ESTABLISHING GUIDELINES FOR DISPLAY AND
SALE OF MERCHANDISE, SIGNAGE AND ADMINISTRATIVE PROCESSES;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas (the "City "), considers it a
substantial government interest to support the retail establishments in the City through innovative
programs enhancing the patronage of these businesses; and
WHEREAS, the Southlake Chamber of Commerce (the "Chamber ") is a long— standing partner
with the City through their programs enhancing and supporting the business community of the City;
and
WHEREAS, the retail establishments in the City contribute significantly to the municipal
budget through sales taxes as a result of the sale of their goods; and
WHEREAS, the City has become a regional retail destination for shoppers throughout tlae
Dallas / Fort Worth Region and specifically Tarrant County; and
WHEREAS, the City and the Chamber deem it to be of vital interest to the retail businesses of
the City as well as the residents of the City, to partner together for the purposes of holding a city -wide
Southlake Sidewalk Sale.,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
The facts and recitations contained in the preamble of this ordinance are hereby found and
declared to be true and correct,
SECTION 2.
DEFINITIONS
The following definitions shall be used in this ordinance,
Southlake Sidewalk Sale A city -wide event which allows participating merchants to display and sell
merchandise outdoors during the duration of the event„ The occasion may include ancillary
activities that serve to promote the event.
Participating Merchant A retail business that holds a valid Certificate of Occupancy (C.O.) and
maintains a physical location in the City, holds a valid comptroller's sales tax certificate, and
desires to participate in the event.
Southlake Sidewalk Sale Ordinance No. 883 - Draft: January 25, 2005 - Page 1 of 5
SECTION 3,
APPLICATION AND APPROVAL, PROCESS
A, WHO MAY APPLY: An application for approval to hold a Southlake Sidewalk Sale may only
be submitted by the Staff of the Department of Economic Development of the City or other
persons designated by the City Manager.
& APPLICATION REQUIREMENTS: An application for a Southlake Sidewalk Sale shall be
submitted to the Department of Planning and must include the following items:
1. A general description of the event.
1 The applicant's name and contact information,
3, The dates, time and duration of the proposed event..
4. Identification of any ancillary events or activity areas that may be held concurrent with
the event for the purpose of additional promotion and shopper attraction.
5. A summary of all property managers and emergency contacts for all participating (or
potentially participating) retail centers.
6� Proposal for coordinating signage for the event.
C. APPROVAL PROCESS: The completed application shall be presented to the Southlake City
Council for consideration. The City Council may approve, deny, or modify the application as
deemed appropriate and may approve a single event or multiple events,
SECTION 4.
DISPLAY AND SALE OF MERCHANDISE
A. GENERAL REQUIREMENTS:
I . City Establishments Only: Only those retail businesses hold a valid Certificate of
Occupancy (C.O.), maintain a physical location in the City, and hold a valid
comptroller's sales tax certificate, may participate in the event and display merchandise
for sale.
2. Goods for Sale: Only those goods normally sold in Southlake by the merchant shall be
displayed or sold during the event. Any sale of food or perishables shall be subject to
all health and sanitation requirements.
3, Pedestrian Passage: Each merchant shall be required to maintain a 44" wide clear right -
of -way for pedestrians using the sidewalk/walkway. The display of merchandise shall
not obstruct doorways nor impede pedestrian traffic or wheelchair accessibility.
Normal ingress and egress to and from the merchant's store or premises shall not be
impaired,
4. Merchants are responsible for displaying merchandise in a manner that ensures the
health, safety and welfare of the public,
Southlake Sidewalk Sale Ordinance No. 88.3 - Draft: January 26, 2005 - Page 2 of '5
B. PERMITTED DISPLAY TIMES:
1. Prior to Event: No merchandise shall be displayed outside the store earlier than two (2)
hours prior to the event.
2. After the Event: All items must be returned to inside the store within two (2) hour's after
the end of the event.
C, ALLOWABLE DISPLAY AREAS: Display of merchandise shall only be allowed in the
following areas.
l . Walkways: On a sidewalk or designated walkway in front of the principal building
leased or owned by the participating merchant. This shall include sidewalks within
public right -of� -way (ROW) of mixed -use developments where the ROW abuts the front
of the building (e.g. Southlake Town Square).
2. Parking Areas: In a hard surfaced parking area located on the same lot or in the same
development as the principle building leased or owned by the merchant and only where
the parking is off - street and located on private property. Within the limits of the
Southlake Town Square development, display shall be allowed on parking areas within
the public ROW only where a distance of four feet (4') is maintained between the
merchandise and the edge of the traveled driving lane.
D, PROHIBITED DISPLAY AREAS: The following areas shall be prohibited from the display of
merchandise..
I. Within the limits of the marked fire lane or vehicular travel way_
2. In designated handicapped parking spaces or loading areas.
1 No more than 15% of the designated parking areas shall be used to display or sale
merchandise or promote the event.
4, From a Vehicle: No display or sale of merchandise shall be allowed from► a vehicle.
5, Nothing contained in this ordinance will exempt any property owner or merchant from
complying with all requirements of applicable health, safety, and welfare codes.
SECTION 5.
SIGNAGE
A, SIGNAGE CONTINUITY: Signage for the event shall be coordinated throughout all
participants. Signs allowed for display and regulations thereof include the following.
L Participating Merchant Sign: A temporary sign or banner indicating that a merchant is
participating in the event, This type of sign shall not exceed two square feet in area.
a,. Display Time: These signs may be displayed no more than two weeks prior to
the event and must be taken down within two hours after the event.
b. Permitted Display Areas: These signs must be attached to the building facade or
displayed in the window. No more than two (2) signs per merchant shall be
Southlake Sidewalk Sale Ordinance No, 883 - Draft:.January 26, 2005 - Page 3 of 5
displayed. A merchant occupying a building exceeding 20,000 square feet of
building floor area may display four' (4) signs.
2. Merchant Sign: A temporary sign that is used adjacent to displayed merchandise to
identify a business. This type of sign shall not exceed six (6) square feet in area,
a. Display Time: These signs may only be displayed during the event.
b, Permitted Display Areas: These signs, if used by the merchant, must be
displayed in proximity to merchandise for sale. No more than two (2) signs
shall be allowed per merchant.
1 Promotional Sign: These signs are intended to collectively promote the event for all
tenants within a retail center. This sign shall not exceed forty -five (45) square feet in
area.
a. Display Time: These signs may be displayed no more than two weeks prior to
the event and must be taken down within two hour's after' the event,
b. Permitted Display Areas: These signs may be attached to the facade of a
building or other structure within the retail development. One sign shall be
allowed for each public road frontage, not to exceed two (2) signs per
development.
B, PERMITTING: All signs noted above shall not require a sign permit or related fee but shall
meet all other requirements of the City's sign ordinance except to the extent expressly provided
otherwise herein.
SECTION 6.
ADMINISTRATION
A. EVENT COORDINATION: The coordination and administration of the event shall be the
responsibility of the applicant. The applicant shall coordinate the planning and execution of the
event with the City's Department of Public Safety and any other City staff necessary„
SECTION 7,
SEVER-ABILITY
It is hereby declared to be the intention of the City Council that phrases, clauses, sentences,
paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph
or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent . jurisdiction, such unconstitutionality shall not affect any of the remaining pleases,
clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of any such unconstitutional phrase,
clause, sentence, paragraph or section.
Soutlrlake Sidewalk Sale Ordinance No. 883 - Draft: January 26, 2005 - Page 4 of'5
SECTION 8,
CUMULATIVE CLAUSE
This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake,
Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed„
SECTION 9,
This ordinance shall be in full force and effect from and after its passage and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
FEBRUARY, 2005.
Mayor
Attest:
City Secretary
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF MARCH,
2005.
Mayor
Attest:
City Secretary
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Soutlrlake Sidewalk Sale Ordinance No. 883 - Draft: January 26, 2005 - Page 5 of 5