Home › Forums › Open Discussion › Vendor selling fruit in front of my house – is this legal?
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July 25, 2009 at 10:00 pm #591680
emilyMemberI live near Alki on a busy street corner. For at least the second time this summer, a man has arrived on “my” corner and set up a fruit stand.
I have two major complaints about this. First, it really freaks out my dog. Secondly, and more importantly, this is a really busy corner and having cars pull over (often blocking or in my driveway or double-parking) causes traffic to backup.
I’m somewhat afraid to confront this man (I’m a somewhat small-ish woman who watches too many crime shows). Do I have any recourse about this? Is he actually breaking any laws?
Thank you!
July 25, 2009 at 10:04 pm #672929
JoBParticipantGo buy some fruit and ask him if it was difficult to get a permit to set up on that corner…
July 25, 2009 at 10:14 pm #672930
rockergirlMemberSounds like he needs a permit and your permission – check out
Seattle Municipal Code- http://clerk.ci.seattle.wa.us/~public/code1.htm
Information retrieved July 25, 2009 3:12 PM
Title 15 – STREET AND SIDEWALK USE
Subtitle I Street Use Ordinance
Chapter 15.17 – Vending
SMC 15.17.100 Food and flower vending by cart from a
site.
An authorizing official may issue a permit to authorize the use of a
public place for the sale of food, flowers, and nonalcoholic beverages
from a cart, stationed at an authorized site, under the following
terms and conditions:
A. Vending of food and beverages must meet all standards established
by the Seattle-King County Health Department, and if propane or a
combustible fuel is used, the requirements of the Fire Department.
Vending may not occur in a single-family or residential low-rise zone;
B. Food and beverages sold must be capable of immediate consumption;
C. The cart for vending food and/or beverages may not be more than
five feet (5′) long, five feet (5′) high, and three feet (3′) wide;
the authorizing official may also permit awnings;
D. The cart must be capable of being pushed by one (1) person, with at
least two (2) functional wheels and positive wheel locking devices;
E. The wheels of the cart must be locked while the vendor is offering
to conduct business, and the cart must be removed from the public
place after business hours;
F. The vendor must provide public liability insurance naming the City
as an additional insured in an amount determined by the authorizing
official by rule;
G. The vending site must be kept clean at all times. When vending
involves a container or wrapper, the vendor must supply a refuse
container;
H. No mechanical audio or noise making devices or hawking is allowed;
I. Electrical utility connections are permitted to the adjacent
property, but no lines may be extended overhead or upon the sidewalk;
J. The vendor must present to the City written approval for the
vending by the adjoining property and/or tenant; if the tenant and
property owner disagree, the property owner’s decision controls;
K. If the vending occurs within two hundred feet (200′) of a park or
public school, the vendor must present written consent of the
Superintendent of Parks and Recreation or the Seattle School District,
respectively; if the vending occurs within two hundred feet (200″) of
a private school, the vendor must present proof of mailing or delivery
of notice of the application to the school’s administrator and an
opportunity for comment shall be allowed. No vending of flowers may
occur within two hundred feet (200′) of an established florist without
the written consent of the florist.
L. The vendor satisfies such other criteria and requirements as the
authorizing official may establish from time to time by rule in the
public interest.
July 25, 2009 at 10:33 pm #672931
emilyMemberThank you, rockergirl! I’ll print this out so I have it next time he shows up.
July 25, 2009 at 11:04 pm #672932
jissyParticipantemily: Saw someone set up selling cherries in the Junction at the west side of the northern most mid-block crosswalk today (Sat. 7/25)…. thought it very odd myself and wondering why he/she wouldn’t get a spot at the Farmer’s market.
July 26, 2009 at 3:29 am #672933
JoBParticipantSpots at the farmer’s market are expensive..
and all vendors have to be selling local organic fruit…
July 26, 2009 at 5:17 am #672934
HunterGParticipantIs this the guy selling mangoes?
July 26, 2009 at 7:07 am #672935
WSBKeymasterI should have taken a picture – noticed that guy while en route to cover the Alki Art Fair early this afternoon. The drawback if you don’t talk to him yourself is that this isn’t something that is going to draw some sort of immediate response, but I would suggest talking to the city (you can call the general “help” number and they’ll route you) to see what they advise doing if he shows up again.
July 26, 2009 at 8:01 am #672936
emilyMemberI wondered if someone would know who I was talking about! Thanks for all of the info. I think now that I know I’m “in the right,” I’ll be more willing to talk to him.
Thanks again!
And no, I don’t think he has mangoes!
July 27, 2009 at 1:24 am #672937
kgParticipantThanks guys I’ll be sure to tell those pesky kids to get a permit before they open their lemonade stand.
Just because it’s hot outside doesn’t mean they can refresh me with a glass of ice cold lemonade for 25 cents.
/sarcasm
July 27, 2009 at 1:51 am #672938
cjboffoliParticipantSomeone selling fruit in front of my place would need to understand that there’s a ‘vig’ involved. A flat of blueberries would have to get kicked up to make sure that everyone, from the capo to the head of the family gets covered. And even then I’d have to forbid the sale of oranges. If you’ve seen the Godfather you’ll understand why.
July 27, 2009 at 2:10 am #672939
MargLMemberHunterG – I drove by Tony’s today and he’s advertising Jumbo Mangos for 99-cents each. They close at 7pm these days, tho’.
July 27, 2009 at 3:41 am #672940
Jersey JillParticipantI stopped and bought a half flat of strawberry’s from him yesterday for $13.00. Alot less than Thriftway and very fresh and delicious. As for people blocking traffic and double parking it took all of 3 minutes to make my purchase and leave. Come on you guys he is trying to make some money and selling fresh delicious fruit. Would you rather have him stealing like the junkies in my neighborhood (Morgan Junction) to make a little money. He is harmless and very nice. As for Tony’s the produce will be spoiled before you even pull in your drive way. Yes he also has mango’s and Papya’s. Come on Emily cut the crap and go talk to the guy and buy some fruit for godsake.
July 27, 2009 at 5:17 pm #672941
flowerpetalMemberI think it is legitamate to not want people to block your driveway particularly if you or company are arriving or leaving and need to use the entrance. And concerns for safety of others when people make bad decisions for pulling over to get fruit seems to be fair to me.
My advice would be to turn off the t.v. or change the channel if you are watching too many crime shows and the results are making you fearful. If its a bad thing in your life, get rid of it. You could turn on one of those dog training programs or find an obediance class which would help your dog to be less freaked out and a happier pup.
July 27, 2009 at 6:17 pm #672942
emilyMemberThank you to the people who answered my question. I’m sorry that I posted anything other than that.
Flowerpetal, I don’t like to approach strange men who know where I live. I don’t think that’s too unusual. And my dog is perfectly fine. People hanging around “her” yard for hours a day upsets her. I think that’s pretty normal too.
July 27, 2009 at 6:40 pm #672943
flowerpetalMemberSorry to have come off the way I did Emily. I fully agree with you about your safety concerns. Perhaps I took you too seriously when you made the comment about crime programs on t.v. affecting your view on your safety. The way you stated it in post #15 makes perfect sense to me.
I hope things are resolved to your satisfaction.
July 27, 2009 at 7:32 pm #672944
JoBParticipantemily..
how will the street vendor know that you object to his presence if you don’t tell him?
Because that is what it boils down to.
Walk to the street.. introduce yourself and tell him about the inconvenience he is causing you and ask him if he can find another spot to do business.
If he is not responsive… ask to see his permit.
if he is a jerk, call your local police department and tell them you have talked with him and he is not moving and he did not show you a permit. They will handle it for you.
if you are uncomfortable doing this alone.. call me at 206-938-0361 and i will be glad to come over and talk with him for you.
I will even park in the street and walk up to him so that he doesn’t know you have complained.
If he is there as often as you suggest and his stand is as intrusive as you suggest..
then he knows who you are and where you live.. no getting around that.
what he may not know is that his stand is making you feel unsafe.
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