BROKEN BOW, NE – Talks, discussions, meetings, and debate surrounding mobile food vendors in the Broken Bow square that have traversed multiple calendar years could be seeing a new final solution soon.
According to Broken Bow City Administrator David Schmidt, a complete rewrite of Municipal Code §113 has been completed.
The revisions, in an attempt to remove the potential for future confusion with regards to vendors, peddlers, solicitors, and mobile food vendors, will be put in front of the Broken Bow City Council at the May 14 meeting via Ordinance 1282. A fee schedule will be in a separate ordinance (Ord. 1283).
Schmidt said both drafts are the result of many hours of work, which included the uniting of portions of Broken Bow’s existing Municipal Code §113 and Ordinance 1276, Kearney’s vendor ordinance, and Lexington’s vendor ordinance.
If passed and adopted, the ordinances would replace Municipal Code §113 and Ordinance 1276 (which was passed and approved in February of this year).
In a separate message following the initial release, in response to questions regarding primary differences between the current and proposed vendor regulations, Schmidt indicated the following areas of note:
- No vendors allowed on city property outside of Market on the Square and special events. So they would have to go to the fairgrounds or basically find a business in town that will let them use their parking lot.
- No use of city electricity, so they either need a generator or again a business that would allow them to plug in to their power.
- Must provide their own trash receptacle.
- Small increase in permit fees
Links to the full current and proposed documents can be found at the end of the story.
Highlights of the two proposed drafts include:
Highlights of Ordinance 1283 (Vendor Permit Fee Schedule)
– Peddler: (Single Location) $10/day, $25/week, $100/year. (Door-to-Door) $10/day, $100/year
– Market on Square: $10/day, $50/Four Months-May through August
– Mobile Food Vendor: $35/day, $250/full year
Highlights of Ordinance 1282 draft (Broken Bow Vendor Ordinance)
– Ordinance contains definitions of “Peddler”, “Solicitor”, and “Mobile Food Vendor”
– Applicants will be notified in writing by the City of the city’s decision to issue or deny the vending permit, no later than thirty (30) days after the applicant has filed an application. Applications received within (30) days of the desired sale date are not guaranteed approval by the desired sale date.
– Exemption: Persons, including farmers or farmers’ cooperative associations selling or soliciting orders for items grown or produced by them and not purchased by them for sale: Newspapers, firewood, Christmas trees, vegetables, or fruits.
– Exemption: The distribution of goods for which there is no charge
– Exemption: Fireworks stands licensed and regulated by the State of Nebraska (Fireworks are covered under Ordinance 1224.
– All trash or debris within 100 feet of any vending stand shall be collected by the vendor and disposed of appropriately off site.
– Persons engaged in food vending shall affix to their vending station, vehicle, pushcart, or other conveyance a receptacle for litter that shall be maintained and emptied regularly and marked as being for litter
– Merchants may park parallel to the curb on the north, east, and south sides of the City Square during Market on the Square and only when authorized by either the Mayor or City Administrator during other permitted special events at the City Square
– Mobile Food Vendors may sell or offer to sell food seven (7) days a week from 7:00 am to 11:59 pm
– Prohibited: Leaving any conveyance unattended at any time; or store, park, or leave such conveyance in a public space overnight
– Penalties: A fine not exceeding $500 for each offense together with revocation or suspension of the vendor’s permit. Each day of violation shall be deemed a separate offense.
– Advertising signs: A maximum of two signs are allowed per vending location. Each sign may not exceed 16 square feet in the area. Signs must be attached to the trailer, tent, table, or other display area of the permitted vendor. Free-standing signs must be located within 3 feet of the conveyance.
Draft version of Ordinance 1282 (Proposed vendor ordinance): City of Broken Bow Vendor Ordinance – FINAL DRAFT
Draft version of Ordinance 1283 (Proposed vendor permit fee schedule): Vendor Permit Fee Schedule
Current Municipal Code: Municipal-Code – Rev 2019
Ordinance 1276, current “in-effect” regulations for mobile food vendors: Ordinance 1276 – Mobile Food Vendors-Passed 27Feb24-Effective-1Apr24
