Downtown Pushcart Permit Application - City of Hickory

APPLICATION FOR DOWNTOWN PUSHCART PERMITThis application becomes a monthly permit upon payment of the fee and approval by the City Manager.Provide the following applicable documentation:_______Proof of public liability insurance ________Map of designated area approved by PS Director_______ Photograph of pushcart showing signs, coverings and dimensions _______ Business proximity approval_______Business Privilege License _______ Health Department approval ______ USDA approval** NO FREESTANDING SIGNAGE IS ALLOWED. ANY SIGNAGE MUST BE ATTACHED TO PUSHCART **Applicant: _____________________________________________________ Telephone No.: _____________________Applicant’s Address: _______________________________________________________________________________Applicant’s Fax: __________________ Applicant’s Email__________________________________________________Business Name If Different From Above: _______________________________________________________________Requested location_________________________________________________________________________________By signing application, you represent that you have read and understood the attached Rules and Requirements and willabide by them.Applicant's Signature ___________________________________________ Date _______________________________FOR ADMINISTRATIVE USE ONLYREFERENCE NUMBER _________________________ ASSIGNED SPACE ______________________* Carts with heating units or flames must have 5 lb multi­purpose fire extinguisher *Other Approvals (Describe):________________________________________________________________________________________________Public Services Approval: ________________________________________________ Date: ___________________Conditions of Approval:________________________________________________________________________________________________________________________________________________________________________________________________City Manager Approval: __________________________________________Date: ___________________City ManagerPermit Disapproved: _____________________________________________________ Date: ___________________Reasons For Disapproval:________________________________________________________________________________________________________________________________________________________________________________________________City Manager Disapproval: ________________________________________Date: ___________________City ManagerThis permit expires 30­calendar days/one month or a portion thereof from the date of issuance.Page 1 of 4

Permit Renewals and Fee Payments(Miscellaneous Permits Account # 010­0000­358.31­00)Date Fee Paid Permit Period Approved By Collection Staff_____________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ___________________________ ______________ ______________ ______________Page 2 of 4

Pushcart Rules and RequirementsThe City of Hickory is the owner of a public area known as Union Square and surrounding sidewalks locatedin the downtown area. The City may approve the use of these areas for pushcart vending on the following conditions.This permission may be granted only to food and/or beverage vendors on a month­to­month basis on the followingconditions.1) A permit application or renewal fee and space rental fee of $100 each month and an annual business privilegelicense are required for each pushcart. When the fee is initially paid, it may be prorated to $50 if the permit isacquired after the 15 th of the initial month. Fees for subsequent months must be paid by the 1 st of the next monthto retain the space associated with the permit.2) Attach a sketch of the area and describe the type and location of the pushcart showing 5’ clearances forpedestrians. Pushcarts must be located at least 75’ from the primary entrance of a restaurant and 25’ from anyother pushcart without the written permission of the restaurant or other pushcart permit holder. Pushcarts shallnot be within ten feet of crosswalks or fire hydrants or within 5 feet of any handicapped ramp.3) Allocation of locations is on a first­come, first­served basis. Each location is subject to the monthly rental fee.4) Areas where pushcarts may locate are shown on the attached aerial photo of the downtown area. The UnionSquare fire lane (located south of the planters) is not to be used and shall remain available as a fire lane. Theapplicant shall not obstruct access to fire hydrants or fire department connections to sprinkler systems.5) The applicant shall not obstruct egress from buildings.6) Pushcarts must be self­contained – except that additional sidewalk space can be licensed for the storage of notmore than two coolers that cumulatively shall not exceed 7 square feet which shall be in contact with the pushcartat all times of operation.7) Pushcarts are not permitted to operate within 50 feet of an approved outdoor dining space without the writtenpermission of the holder of the outdoor dining permit.8) Alcohol may not be served.9) Pushcarts must look like a traditional pushcart with two wheels, be non­motorized and be capable of movementby one individual. Pushcart design is subject to the approval of the city manager, and pushcarts must be properlymaintained at all times.10) No freestanding signage is permitted as part of the pushcart vending operation. Only identification signs for thevendor and menu boards for the food products are permitted. Illuminated signs or flashing lights shall beprohibited.11) The applicant must provide trash receptacles at the pushcart and is responsible for keeping the general area of thepushcart free from all trash and debris associated with the pushcart. The applicant shall clean the general areaaround the pushcart daily and shall keep the sidewalks and paved areas free and clear of grease, spills and fooddebris. The applicant is responsible for removing all trash and waste that originates from the permitted pushcartfrom Union Square on a daily basis. The applicant will keep the area subject to this permit and the area about thesubject area in neat, clean and sanitary condition at all times.12) The applicant will not allow or make any unlawful, improper, noisy or offensive use of the area.13) The permit holder is liable for all damages and repairs to the streetscape, trees and vegetation, sidewalks, streets,or other public amenities that directly relate to the use of the permitted space.14) No changes to existing improvements, facilities, infrastructure, landscaping or the like on or about the pushcartarea shall be permitted.15) Pushcarts may operate from 7 AM until 9 PM and shall be removed from Union Square at the end of each day.16) This applicant shall not allow the placement of any sound amplification equipment in the pushcart area.17) The applicant shall make arrangements for any required utilities and shall pay as they become due all charges forelectricity, gas, water, sewer usage, telephone, and other utilities furnished to pushcart subject to this permit, ifany. The City of Hickory shall not be responsible for any such utility payments.18) The applicant shall hold the City of Hickory harmless against any and all claims, damages or cause of action fordamages arising after the commencement of this permit and any orders, decrees or judgments which may beentered therein, brought for damages or alleged damages resulting from any injury to person or property or fromloss of life sustained in or about the area subject to this permit. The City of Hickory shall not be liable for anyPage 3 of 4

personal injuries or damage to the applicant or its officers, agents, employees, guests, patrons and all personshaving business with the applicant, or to any other persons or to any occupant of any part of the area subject tothis permit for any injury or damage to any goods, wares, merchandise or property of any occupant in or aboutany part of the subject area, irrespective of how the same may be caused.19) The applicant shall hold harmless, protect and indemnify the City of Hickory from, and against any and all losses,damages, claims, suits or actions for any damage or injury to the person or property caused by the erection andmaintenance of any furniture, supplies, lights, signs, works of art, decorative items, and improvements of anynature or parts thereof, and insurance coverage for such items shall be included in the public liability policy whichthe permit holder is required to furnish under the terms of this permit.20) The applicant shall provide and maintain, at its own cost and expense, public liability insurance naming the Cityof Hickory Lessor as an additional insured in an amount of not less than $250,000/$500,000 personal liabilityand $100,000 property liability. Proof of such insurance shall be attached to the permit application.21) This permit may not be transferred to any other firm, person or persons.22) In the event of any damage or event making the subject area unusable, in whole or in part, to the applicant, theCity of Hickory shall have no duty to restore or repair any part of the area. In such event, the City may terminatethis agreement upon three (3) days written notice to the applicant.23) In the event that applicant shall default in the performance of any condition of this permit, the City may terminatethis agreement upon three (3) days written notice to the applicant. In the event that the City terminates the permit,the applicant shall be barred from making another application for a period of one year.24) Upon the termination or expiration of this permit, the applicant shall remove all of its and its agents' andemployees' personal property, including without limitation, furniture, supplies, lights, signs, works of art,decorative items, and improvements of any nature. If such items are not removed upon three days written notice,they shall become the property of the City without any cost to the City.25) The applicant shall remove the pushcart and other such items during periods of inclement weather at the directionof the City Manager or Public Services Director or their designees.26) The applicant further agrees to comply with all the laws of the United States, State of North Carolina, allordinances of the City of Hickory, and all lawful orders of any Commission, Board or other Authority respectingthe use of the subject property, including but not limited to regulations of the Catawba County HealthDepartment. All public health and safety regulations imposed by State law and City code must be adhered to.27) The pushcart operator shall display all required permits, including an approved copy of this application, in avisible location at the applicant’s pushcart at all times. If at any time, the Catawba County Health orEnvironmental Services Department revokes or suspends the issued pushcart permit, the City permit is revoked orsuspended simultaneously.28) The City of Hickory has the right (but not the obligation) to enter into and upon the area subject to this permit orany part thereof at all reasonable hours for the purpose of examining the same or making such repairs oralterations therein as may be necessary in its judgment.29) Pushcart permits are not valid during any event declared a “special event” by City Council (parades, Oktoberfest,Hickory Alive, etc.) unless the permit holder is granted written permission from the event sponsor/ coordinator toset up within the designated event area. The permit holder is responsible for keeping track of upcoming specialevents and the designated boundaries that may affect their business.30) All notices required to be given to the City shall be delivered to the City Manager, Hickory City Hall, P.O. Box398, Hickory, NC 28603, and to the at the address designated on the permit application.Page 4 of 4