Loading...
Item 7BCity of Southlake, Texas MEMORANDUM February 22, 2005 TO: Shana Yelverton, 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 city -wide 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. City Council approved the 1 st Reading of Ordinance No. 883 on February 15, 2005. 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 item: • Southlake Sidewalk Sale Ordinance No. 883, current draft Staff Recommendation: Economic Development staff recommends approval of the Southlake Sidewalk Sale Ordinance. 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 the 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 Feb. 22, 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. B. 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. 2. 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 1. 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. 883 - DRAFT Feb. 22, 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) hours after the end of the event. C. ALLOWABLE DISPLAY AREAS Display of merchandise shall only be allowed in the following areas. 1. 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 principal 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. 3. Tents All tents and canopies must be in compliance with Fire Code regulations and will be subject to application fees where applicable. Approval of tents and canopies may be included with the processing of the application for the Sidewalk Sale. D. PROHIBITED DISPLAY AREAS The following areas shall be prohibited from the display of merchandise. 1. Within the limits of the marked fire lane or vehicular travel way. 2. In designated handicapped parking spaces or loading areas. 3. No more than 20% of the designated parking areas shall be used to display or sale of 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. 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. Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 22, 2005 - Page 3 of 5 b. Permitted Display Areas These signs must be attached to the building fagade or displayed in the window. No more than two (2) signs per merchant shall be 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. Displace 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. 3. 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 hours after the event. b. Permitted Display Areas These signs may be attached to the fagade 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. SEVERABILITY 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 22, 2005 - Page 4 of 5 by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. 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 Southlake Sidewalk Sale Ordinance No. 883 - DRAFT Feb. 22, 2005 - Page 5 of 5