§ 12.04.035. Outdoor sale of merchandise.

No person or entity, other than the valid holder of a transient vendor license as set forth in Chapter 5.12, shall place or cause to be placed in any outdoor area not regularly and consistently used for retail sales (whether said area is covered or uncovered) any package, article, box crate, plant, tree, wreath or other article for sale or purchase without first obtaining the consent of the building inspector in writing (such consent hereinafter "outdoor sale consent"). The building inspector shall require of any applicant that the following be submitted before a determination regarding the application is rendered: a building and plot plan showing the proposed location of the proposed sales, the location of all parking spaces situated on the parcel to be used for the sales (said parcel, the "sale parcel"), the location of any structures on the sales parcel, the location of buildings and parking spaces on abutting parcels of land for which the sales parcel provides accessory parking, and the current zoning designation of the parcel. Notwithstanding any term or condition set forth in Title 17, and in addition to the off-street parking requirements specified in the Title 17, the applicant for outdoor sale consent must indicate on the building and plot plans submitted: (i) the location and designation of at least three off-street parking spaces on the sales parcel; and (ii) if the sales parcel is greater than two hundred ninety-nine square feet, in addition to the three off-street parking spaces already required, the location and designation of at least one off-street parking space for each three hundred square feet of outdoor sales space. Outdoor sale consent may not be granted if the above off-street parking requirements are not satisfied or if, in the satisfaction of the off-street parking requirements, the sales parcel or any abutting parcel of property lacks sufficient off-street parking required by any decision of the zoning board of appeals, any condition of a special permit issued by the city council or any term or condition of Title 17.

As used in this section, the term "regularly and consistently used for retail sales" means and refers to those situations in which a sales parcel is utilized for outdoor retail sales for at least one hundred eighty days during the calendar year preceding the application for consent.

Any member of the Revere police department or the sealer of weights and measures or the building inspector may issue a citation to any person who violates this section. Violators may be punished by a fine of not more than three hundred dollars. Furthermore, any one violating this section is subject to the immediate confiscation of those wares being illegally displayed for sale.

(C.O.94-194 § 1)