Street And Sidewalk Vendors

A license is required to sell food or other items on the public streets or sidewalks. Special requirements apply if you wish to sell items on private property.

License	Application Fee	Annual License Fee	Approval Required
Street Vendor	$120.00	$30.00	Police*
Sidewalk Vendor	$120.00	$30.00	Police*
Temporary (Charitable & Non-Profit Only)	$120.00	$10.00 (30 days)	Police*

Annual fees may be prorated to the nearest month, with a $10 minimum fee.

Application fees are not refundable and cannot be applied to license fees. (Ordinance G-2197, 5/19/81)

For your convenience, we suggest that you make an appointment prior to visiting License Services. Call (602) 262-4638 between 8 a.m. and 5 p.m. Monday - Friday. The approval process takes up to four weeks.

Special Requirements

Food vendors must have a Maricopa County Health Department Food Handlers Permit. Equipment must be inspected and approved by the Maricopa County Health Department.

The sections of the Phoenix City Code that apply to street and sidewalk vending appear below.

Section 31-22. Definitions

Block - Shall mean that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, or waterway.

Child - Shall mean an individual who has not attained the age of 14 years.

Downtown Vending District - That area of the City of Phoenix bounded on the north by the northern portion of Fillmore Street on the east by the eastern portion of Seventh Street, on the south by the southern portion of Jackson Street and on the west by the western portion of Seventh Avenue.

Food - The word "food" shall include any articles sold for human consumption, the sale of which is not prohibited by law.

Ice cream truck - Shall mean any motor vehicle which is used for ice cream truck vending.

Ice cream truck vending - Shall mean street vending in which the vendor peddles, vends, sells, displays or offers to sell any frozen dairy or water-based food product or any other prepackaged food product.

Ice cream truck vendor - Shall mean any person who owns or operates an ice cream truck.

Person - The word "person" shall include a corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as an individual.

Residential area - Shall mean any street where over 50 percent of the front footage of either side of the block is devoted to single family and multiple family dwellings, dormitories, or mobile homes.

Sidewalk - The word "sidewalk" shall mean that portion of a public right-of-way between the curb line of a street and the adjacent property line, or, if there is no curb line, then "sidewalk" shall mean that portion of a public right-of-way between the lateral boundary line of the pavement of a street and the adjacent property line, or, if there is no pavement, then "sidewalk" shall mean that portion of public right-of-way between the lateral boundary line of the demarcated unsurfaced street and the adjacent property line.

Sidewalk Vending - Shall mean peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value upon a sidewalk of the City of Phoenix.

Street - The word "street" shall mean any public road, highway, avenue, boulevard, alley, and lane within the City.

Street Vending - Shall mean peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value that occurs between the curb lines, or, if none, then that portion of the right-of-way between the lateral boundary lines of the demarcated unsurfaced street.

Toys - Shall mean those items designed by the manufacturer to be played with by a child which do not consist of or contain an explosive charge or a tube or wick filled with a combustible material and, when used as intended, do not emit smoke or a foul or offensive odor.

Section 31-23. Street Vending; License required; License display; Exemptions.

1. It shall be unlawful for any person to engage in street vending, or to employ or hire another to engage in street vending, without possessing a valid license therefor as provided in this Article. It shall further be unlawful for any person to engage in, or to employ or hire another to engage in, street vending, while that person's street vending license is suspended.

2. No person shall use a vehicle, cart, stand or temporary contrivance while engaged in street vending without displaying thereon, in a conspicuous manner, all applicable licenses issued by the City Clerk in accordance with this Article.

3. The requirements of (A) and (B) of this section shall not apply to the display, exhibition, distribution and/or sale of any non-commercial handbill as provided in Section 3-2 of Chapter 3 of the Code of the City of Phoenix.

Section 31-24. Street Vending - Restrictions.

Any person engaged in street vending shall be subject to the following restrictions or prohibitions:

1. Parking restrictions - No street vendor shall park a vehicle or series of vehicles or set up a stand or any other movable or temporary contrivance on any public street or alley for more than one (1) hour in any eight (8) hour period at one location. The parking of a vehicle within three hundred (300) feet of the original location is considered one location. No service to the public shall be made from the street side of the vehicle(s) or stand. The vehicle(s) or stand shall not obstruct the movement of pedestrians or other vehicles using the street or alley or public right-of-way.

2. School zone restrictions - No street vendor shall sell any merchandise or articles from any vehicle, stand or any other movable or temporary contrivance on a public street within six hundred (600) feet of any school ground between the hours of 7 a.m. and 4 p.m. School governing boards or administrators may make arrangements to provide vending locations on school property.

3. Downtown vending district prohibited - Street vending within the Downtown vending district shall be prohibited.

4. Park street prohibitions - Street vending on a street within a public park shall be prohibited.

5. Streets abutting parks - Street vending on a street abutting a public park shall be prohibited within one hundred and fifty (150) feet of a lawfully established park concession.

6. City Manager Parade Agreements - Street vending during parades within the boundaries and times established by a City Manager parade agreement entered into pursuant to the authority granted him under Section 2-1000 of the Phoenix City Code shall be prohibited unless the person has the express authorization of the contracting organization.

Section 31-24.1. Street Vending; Ice Cream Trucks - Special Restrictions.

1. It shall be unlawful for any person to operate within the City of Phoenix an ice cream truck which does not have affixed and operating two outside wide-angle mirrors, one located at the front driver's side directed at the front of the vehicle and one located at the rear driver's side directed at the rear of the vehicle.

2. It shall be unlawful for any person to operate within the City of Phoenix an ice cream truck which does not have affixed the following signs, clearly readable to a person with 20/20 eyesight standing at ground level during daylight hours at a distance of 100 feet:
   1. "Watch for Children" on the front and rear of the vehicle.

   2. "City of Phoenix Lic. No.", followed immediately by the street vendor's city-issued street vendor license number.

   3. "City of Phoenix License Inspection phone no. 262-6846."

   4. The business name provided to the city pursuant to Section 31-29 (A) of this article.

3. It shall be unlawful for any person to operate an ice cream truck after the later of 7 p.m. or sunset and before sunrise.

4. It shall be unlawful for any person to operate an ice cream truck while stopped without that motor vehicle's hazard lights in operation.

5. Ice cream truck vending shall be limited to the vending of food items and toys only.

6. This section shall apply only to those ice cream truck vendors operating within a residential area.

Section 31-24.2. Street Vending; Ice Cream Trucks - Sporting Event Vending.

1. Notwithstanding the 7 p.m. or sunset termination rule of Section 31-24.1 of this article, ice cream truck vending is permitted at sporting events until 9 p.m., provided that no music may be played by the ice cream truck vendor after the later of 7 p.m. or sunset.

2. For purposes of this section only, a sporting event shall mean an athletic competition or event held in an organized league which takes place on school grounds or in a public park.

3. Ice cream truck vending at a sporting event is restricted to the side of the street or streets most closely abutting the property on which the sporting event is held.

Section 31-25. Sidewalk Vending Prohibited - Exemptions.

1. No person shall engage in sidewalk vending on any sidewalk in the City of Phoenix, except as otherwise provided for in this article.

2. The prohibition of (a) above shall not apply to:
   1. The display, exhibition, distribution and/or sale of any non-commercial handbill as provided in Section 3-2, Chapter 3 of the Code of the City of Phoenix.

   2. Sidewalk vending in the downtown vending business district as provided for in this Article.

3. No person shall engage in the business of sidewalk vending within the boundaries and times established by a City Manager parade agreement entered into pursuant to the authority granted him under Section 2-1000 of the Phoenix City Code unless the person has the express authorization of the contracting organization.

Section 31-26. Sidewalk vending in the Downtown vending district, License required; Display decals required.

1. No person shall engage in sidewalk vending within the Downtown vending district without a valid license therefore as provided in this Article.

2. No person shall use a vehicle, cart, stand or temporary contrivance while engaged in sidewalk vending within the Downtown vending district without displaying thereon, in a conspicuous manner, the license to be issued by the City Clerk in accordance with this Article.

3. The requirements of (A) and (B) of this section shall not apply to the display, exhibition, distribution and/or sale of any non-commercial handbill as provided in Section 3-2 of Chapter 3 of the Code of the City of Phoenix.

Section 31-27. Sidewalk vending in the Downtown vending district; Restrictions; Exemptions.

Sidewalk vending within the Downtown vending district is subject to the following restrictions:

1. Sidewalk vending shall be limited to the vending of food items only.

2. Vehicles, carts, stands or temporary contrivances used while engaged in sidewalk vending in the Downtown vending district shall be so constructed as to provide a receptacle for all waste material generated by the said vending operations.

3. Vehicles, carts, stands or temporary contrivances used in the said vending operations shall not be:
   1. Left unattended at any time.

   2. Parked or placed in front of or within fifty (50) feet of any building premises if the owner or lessee thereof objects thereto; nor shall it be parked or placed within one hundred fifty (150) feet of any building premises selling the same commodity. Said distance is to be measured from the same side of the street and from the closer of the nearest exterior wall of the business premises or, if applicable, the nearest boundary of any outdoor dining area associated with the business premises.

   3. Parked or placed within fifteen (15) feet of any intersection.

   4. Parked or placed so as to occupy more than a rectangular area 5 feet by 10 feet, with the 10 foot boundary measured parallel to the street.

   5. Parked or placed withing 102 feet of another licensed sidewalk vendor.

   6. Parked or placed outside of the city-designated spaces or areas marked on sidewalks for purposes of containing sidewalk vending.

   7. Parked or placed on any sidewalk between the hours of 2 a.m. and 5 a.m. MST.

   8. Parked or placed within 8 feet of any property line.

4. The restrictions of (a), (b) and (c) of this section shall not apply to the display, exhibition, distribution and/or sale of any non-commercial handbill as provided in Section 3-2 of Chapter 3 of the Code of the City of Phoenix.

5. Sidewalk vending shall be prohibited along Madison Avenue between First Avenue and Fourth Avenue.

Section 31-28. Sidewalk vending in the Downtown vending district Temporary classification; Duration.

1. A temporary license may be issued to charitable non-profit organizations for the purpose of conducting the business of sidewalk vending within the downtown vending district.

2. All such temporary licenses will be valid only for the period(s) as stated thereon. Said period(s) will not exceed thirty (30) calendar days per fiscal year.

Sec. 31-29. License applications; Display; Transfer; Information Update.

1. Applicants for licenses issued under this Article will file with the City Clerk an application form to be furnished by the City which will require the following information:
   1. The applicant's name, including all names by which the applicant is known, home address, home phone number, physical description, and driver's license number.

   2. Business name, business address and business phone.

   3. A brief description of the nature of the business and the items sold, including whether the applicant will be selling food products.

   4. If employed or hired by a street or sidewalk vendor, the name, address and phone number of the employer, together with verification of the employment relationship signed by the employer.

   5. If a vehicle is to be used, a description of the same together with the license plate number and state of issuance.

   6. Statement and number of County Health permit if applicable.

   7. Number of the privilege license issued pursuant to Chapter 14 of the code of the City of Phoenix.

   8. The name under which the street or sidewalk vendor will be doing business, and the business address.

   9. The previous name and location of the business, if any.

   10. The former owner of the business, if any.

   11. All felony and misdemeanor convictions, excluding those for traffic offenses.

   12. Whether the applicant has ever had a street or sidewalk vendor license revoked or suspended, and the date and jurisdiction of the suspension or revocation.

   13. Two complete sets of fingerprints taken by a law enforcement agency.

   14. Such photographs as the City Clerk may require to prepare an identification card for the applicant.

2. The identification card issued under the provisions of this Article shall be kept on the person of the licensee and shall be displayed upon the demand of any police officer of this State or City of Phoenix license inspector when that person is engaged in the activity of street or sidewalk vending.

3. Licenses issued pursuant to this Article shall not be transferable from one person to another.

4. Any change in information required to be submitted by this Article must be provided to the City Clerk, on a form provided by the City Clerk for that purpose, within ten (10) calendar days of any such change.

Section 31-30. License fee; Identification card fee; Proration of fees.

1. All applicants shall pay a non-refundable application fee of $120 .

2. The following license fees shall be charged in classifications as herein provided:
   1. Street Vendor License at Twenty-five Dollars ($30) per fiscal year.

   2. Sidewalk Vendor License at Twenty-five Dollars ($30) per fiscal year.

   3. Temporary Sidewalk Vendor License at Ten Dollars ($10) per fiscal year.

3. All licenses as provided for herein may be prorated to the nearest month subject, however, to a Ten dollar ($10) minimum license fee per fiscal year.

Section 31-31. License and identification card duration; Renewal.

1. Any license or identification card issued pursuant to this Article shall, unless otherwise provided for herein, expire and become null and void at the end of the fiscal year in which the license or identification card was issued.

2. Annual renewal of any license or identification card provided for in this Article shall be made by payment of the appropriate fee as set forth in Section 31-30 within thirty (30) calendar days prior to the expiration date thereof as provided in (A) above.

Section 31-32. License - Revocation; Suspension, Denial; Procedure; Appeal.

1. Licenses issuable pursuant to this Article shall be denied by the City Clerk for any of the following reasons:
   1. Fraud, misrepresentation, or false statement contained in the application for license.

   2. Any violation of any of the provisions of this Article within one year of the date of application.

   3. The applicant has been convicted within the last five years of any felony or misdemeanor involving moral turpitude.

   4. The applicant has had a street or sidewalk vendor license revoked within the previous year.

   5. The applicant has employed or hired a person in connection with the applicant's street or sidewalk vending business who has had his street or sidewalk vendor license suspended or revoked within the previous year.

   6. The applicant has employed or hired a person in connection with the applicant's street or sidewalk vending business who does not have the required street or sidewalk vending license issued by the City of Phoenix.

2. Any license issued pursuant to this article shall be revoked by the City Clerk, or suspended for a period not to exceed one year, upon one or more of the following grounds:
   1. The licensee has violated any of the provisions of this Article.

   2. An employee or independent contractor of the licensee has violated any of the provisions of this Article.

   3. The licensee has been convicted of a felony or misdemeanor in the conduct of the business licensed pursuant to this Article.

   4. An employee or independent contractor of the licensee has been convicted of a felony or misdemeanor in the conduct of the licensee's business.

3. To deny, suspend or revoke a license, the City Clerk shall either hand-deliver to the licensee, or mail by certified mail to the licensee at the business address shown on the application or otherwise more recently of record with the City Clerk, a written notice that the license is denied, suspended, or revoked. The cause for the denial, suspension, or revocation shall be set forth in the notice. Service shall be complete upon hand-delivery or, in the case of service by mail, five calendar days after mailing to the address of record.

4. A sidewalk vendor applicant or licensee may appeal the denial, suspension, or revocation by filing a written notice of appeal with the City Clerk within five calendar days, excluding weekends and city holidays, after receipt of the notice of denial, suspension, or revocation. The fifth day shall end at 5 p.m. MST. Any letters or requests for appeal submitted after the time limit or not in conformity with this subsection shall not be heard.

5. It shall be unlawful for any person to operate a business which has been licensed under this Article while the license for that business is suspended.

6. No license suspended shall be reinstated until an application fee has been paid.

7. A revoked license shall be surrendered to the City Clerk on demand at the expiration of the appeals process.

8. The City Clerk may, either before or after the issuance of a notice of suspension or revocation, provide for informal disposition of the matter by consent agreement.

9. The license of any person violating any of the terms of a consent agreement reached pursuant to this section shall be revoked for a period of one year. There shall be no administrative appeal from a decision to revoke a license for violation of any of the terms of a consent agreement. Any appeal taken shall be by way of special action in the Superior Court.

Section 31-32.1.1. Hearing Officer; Hearing procedure; Sidewalk Vending.

1. A hearing officer shall be appointed by the City Manager to hear all administrative appeals brought under Section 31-32 of this Chapter by a sidewalk vendor licensee or applicant.

2. The hearing officer shall keep a record of all proceedings held before him.

3. All hearings shall be conducted informally and the technical rules of evidence shall not apply, provided that the decision of the hearing officer shall in all cases be based upon substantial and reliable evidence. All parties shall have the right to be represented by counsel and to present evidence and testimony in support of their position.

4. The hearing officer may uphold a notice of revocation or reduce said notice to a suspension of license for a period not exceeding one year. The hearing officer may also reduce a notice of suspension in the number of days said license is to be suspended. In rendering his decision, the hearing officer shall consider the following factors as may be applicable: prior warnings given, date of violation, earlier violations, duration of licensure, circumstances of the violation or conviction and their connection to the regulatory purpose of the licensing scheme, punishment imposed for earlier violations or convictions, cooperation with City licensing or law enforcement personnel, investment in business, number of employees, knowledge of City regulations, and other aggravating or mitigating circumstances directly relating to the violation or conviction. Reasons supporting the hearing officer's decisions shall be set forth in the record of proceedings.

5. If the denial, suspension or revocation of a license results from a conviction, the applicant or licensee shall be given an opportunity at hearing to explain the circumstances of the convicton or to demonstrate why such conviction does not render the applicant or licensee unfit for a license.

6. The decision of the hearing officer shall be final.

7. When the decision to deny, suspend, or revoke a license becomes final, the applicant or licensee against whom this action has been taken shall have the right to seek judicial review of the decision by way of special actio or other available remedy in the Superior Court.

Section 31-34. Business succession and liability.

The provisions of the City of Phoenix Finance Code, Article II, Chapter 13, relating to business succession and liability, shall be applicable to all application fees, licenses and license fees imposed under this chapter.

Vendors who have amplified music systems on vehicles.

Section 23-12. Creation of unreasonably and disturbing noises prohibited.

Subject to the provision of this Article the creating of any unreasonably, loud, disturbing and unnecessary noise within the limits of the City is hereby prohibited.

Section 23-13. Noises detrimental to life and health, or public peace and welfare prohibited.

Noise of such character, intensity or duration as to be detrimental to the life or health of any individual or in disturbance of the public peace and welfare is hereby prohibited.

Section 23-14. Enumeration of loud, disturbing and unnecessary noises; enumeration not exclusive.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this Article, but this enumeration shall not be deemed to be exclusive, namely:

(a) Blowing horns or signaling devices. The sounding or blowing of any horn or signal device on any automobile, truck, bus, motocycle or other vehicle while not in motion, except as a danger signal if another vehicle is approaching, apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unnecessary and unreasonable period of time.

(b) Radios, phonographs, etc. The playing of any radio, phonograph or any other musical instrument in such a manner or with such volume, particularly between the hours of 11:00 P.M. and 7:00 A.M., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.

(c) Yelling, shouting, etc; on streets.Yelling, shouting, hooting, whistling or singing on the public street, particularly between the hours of 11:00 P.M. and 7:00 A.M., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel, or other type of residence, or of persons in the vicinity.

* * *

(e) Use of vehicles.The use of any automobile, truck, bus, motorcycle or other vehicle so out of repair, so loaded or in such manner as to make loud and unnecessary grating, grinding, rattling or other noise.

* * *

(j) Noises near schools, hospitals, churches, etc. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same is in session, or adjacent to any hospital, which unreasonably interferes with the workings or session thereof; Provided,that signs must be displayed in such streets indicating that the same is a school, institution of learning, church court or hospital.

* * *

(l) Noises to attract attention. The use of any drum, loud-speaker or other instrument or devise for the purpose of attracting attention by creation of noise to any performance show or sale or display of merchandise.

(m) Loud-speakers or amplifiers on vehicles.The use of mechanical loud-speakers or amplifiers on automobiles, trucks, busses or other moving or standing vehicles for advertising or other purposes.

None of the terms or prohibitions of Sections 23-12 through 23-17 shall apply to or be enforced against:

* * *

Section 23-15. Exemptions.

(d). The use of a hand-operated device producing not in excess of seventy decibles of sound, "C"-scale, measured a distance of fifty feet from the instrument emanating sound from bicycles, pushcarts, or other vehicles, or from an amplifying musical system for which a license has been procured under Section 23-16 or from vehicles in connection with the sale or display of merchandise; Provided, that such devices or musical systems:

1. Shall be operated only while the bicycle, pushcart or vehicle is in motion;

2. Shall play only pleasing melodies; and,

3. Shall not be played between the hours of 1 p.m. and 3 p.m., and between the hours of 9 p.m. and 10 a.m.

Private Property

See Mobile Vending brochure.

-NOTICE-

Sidewalk vendors, street vendors and vendors on private property.

All vendors are required to comply with the following City Ordinance. Failure to comply will result in the issuance of a criminal citation.

1. PHOENIX CITY CODE SECTION 31-25 SIDEWALK VENDING IS PROHIBITED.

   No person shall engage in the business of sidewalk vending on any public sidewalk in the city of Phoenix except in the downtown area.

2. Street Vendors.

   Any unimproved (dirt) surface adjacent to the paved roadway that is not private property is defined as sidewalk and does not allow street or sidewalk vending.

3. Vendors on private property must comply with the Mobile Vending Ordinance
   FOR ANY FURTHER INFORMATION CONTACT THE CITY OF PHOENIX NEIGHBORHOOD PRESERVATION AT (602) 262-7844.
   Provided as a service of the

   

   CITY CLERK DEPARTMENT
   GENERAL SERVICES DIVISION

   (07/00)

   This publication can be provided in an alternate format by contacting the City Clerk Department, (602) 256-5677/ V; (602) 534-2737/TTY; or (602) 495-5847/FAX.

   License Services
   200 W. Washington St., 10th Floor
   Phoenix, AZ 85003-1611
   (602) 262-4638