Temporary Vendor License
- Location: downtown zone (see map)
- Business and industrial zoned private property inside and adjacent to the downtown zone
- Business and industrial zoned private property in Brookings
- Downtown zone in front of business at which another vendor is selling
- South Dakota State University
- Residential zones
- Private business or industrial property without owner permission
- Locations determined as a traffic or safety hazard by Police Chief
Other Rules of Operation
- The City Permit and State Mobile Vendor Permit must be displayed at all times in a conspicuous place where it can be read by the general public.
- Sale of food, beverages or merchandise which is not described on the application is not permitted.
- Food, beverages and merchandise may be sold only to pedestrians. Soliciting motorists is strictly prohibited.
- No permit may be granted for a period exceeding 30 consecutive days. Renewals may be permitted, subject to the applicant's compliance history.
- The permit is not transferable in any manner.
- The permit is valid only at the location(s) shown on the application.
- Glass containers are prohibited.
- All vendors must have a trash receptacle and shall remove all refuse within 25 feet of the food stand. Refuse shall be removed at the operator's expense and shall not be placed in an unauthorized private or City receptacles.
- The use of any noise producing devices is prohibited.
- Total signage may not exceed eight square feet. Freestanding signage and electronic signage is prohibited.
- Hours of operation: 6:00 a.m. to 2:00 a.m.
- No tables or chairs shall be used in conjunction with the operation a temporary vendor permit.
- Compliance with the minimum public health and safety requirements as made and enforced by the South Dakota Department of Health, pursuant to SDCL Chapter 34-18
- No alcoholic beverages may be sold, served or consumed on a sidewalk.
- Outdoor food or beverage sales shall be located so that such service does not impede, endanger or interfere with pedestrian traffic. Carts and equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum of six feet of passage for pedestrian traffic.
- No fixtures or devices upon which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. However, the carts and equipment must be secured so that they may not be dislodged during windy or stormy weather.
- Food and beverage carts and equipment may not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor dining area. Carts and equipment shall not have sharp edges, protrusions or other features which may be hazardous to the public.
- Signs used to advertise the outdoor food or beverage sales and the outdoor food, beverage sales and outdoor dining area shall be secured so that they are not dislodged during windy or stormy weather.
- Provide proof of an annual third-party inspection of propane fill or gas-related capabilities
- Sign a statement holding harmless the City and shall indemnify the City, its officers and employees, for any claims for damages to property or injury to persons which may occur in connection with any activity carried on pursuant to any activities associated with vending
- Furnish and maintain a policy of insurance protecting the Applicant and the City from all claims for damage to property or bodily injury, including death, which may arise from activities associated with mobile food vending. The insurance policy shall list or endorse the City as additional insured and carry minimum liability limits of at least $1,000,000 per occurrence. The endorsement shall provide that the policy shall not be terminated or cancelled prior to the termination of the permit without 30 days written notice to the City. Any permit for temporary vendors shall be deemed void in the absence of a current insurance policy meeting the criteria.
It is unlawful for any temporary vendor to make false or fraudulent statements concerning the quality or the nature of its goods, wares, merchandise or services for the purpose of inducing another to purchase the same.
The city may suspend or revoke any permit issued pursuant to this division if false information was submitted in the permit application or if any local, state or federal law or regulation has been violated by the permittee.
Renewals may be permitted, subject to the applicant's compliance history.
A violation of this article shall subject the violator to revocation of the permit and a fine of up to $200.00. Each day a violation occurs may constitute a separate offense.