Outdoor Retail Applications

This guidance is a step-by-step instruction manual if you would like to display or vend your merchandise outside of your business to increase business activity and revenues in a safe and responsible way during the COVID-19 pandemic. Before you bring your merchandise outside, the owner of the business or his/her/their designee, shall complete these application form with all of the required documents. Once submitted, this application will be shared with the Outdoor Retail Review Committee comprised of the following individuals: Melissa Pagliaro, Licensing Clerk, mpagliario@salem.com, Kate Newhall-Smith, Principal Planner, knewhallsmith@salem.com, Beth Rennard, City Solicitor, brennard@salem.com, David Greenbaum, Health Director, dgreenbaum@salem.com, and John Andrews, Creative Collective, john@creativecollectivema.com.

Sunset Clause

If your application is approved, your Outdoor Retail Area will be permitted from the time of approval until the end of your business day on Wednesday, September 30, 2020.

Basic Information

Business Name*

Business Address*

Business Phone Number*

Owner or Manager*

Owner or Manager Email Address*

24 Hour Contact Number (Outside Normal Business)*

Business Hours of Operation*

Outdoor Retail Area Details

Note that the Outdoor Retail Area must allow for safe social distancing, i.e. 6-feet, between staff and customers.

Location of Outdoor Retail Area*

Provide a brief description of the location you would like to set up your outdoor retail space (i.e. sidewalk, private land adjacent to business, pedestrian mall, etc.)

Distance from Business*

How far is the Outdoor Retail Area from your business?

Staffing*

Will your Outdoor Retail Area be staffed by an employee?

Select

Merchandise: Vending or Display or Both?*

Will you be using the outdoor retail space to sell products, display products, or both?

Select

What is in Outdoor Retail Area?*

List what you will have in your outdoor area that will be holding your merchandise (i.e. table, tent, clothing rack, cart, etc.) Note that the Outdoor Retail Area must be accessible and meet ADA and Massachusetts Architectural Access Board's regulations. See 521 CMR 7.00 Retail Establishments at https://www.mass.gov/law-library/521-cmr.

Will you be using an umbrella or tent?*

Tents must be white with no text, logos, or branding. Note that the minimum height of umbrellas and tents must be 7-feet as measured from the base to the lowest point of the umbrella or tent as it is open. the umbrella or tent must not hang over the adjacent public way. Tents must be reviewed and approved by the Building Inspector and the Fire Department.

Select

Responsibilities of the Business

The business, through its owner and/or manager, is responsible for the following as it pertains to the use of the public sidewalk for outdoor retail: 1. Adherence to the plans and documents submitted, reviewed, and approved; 2. Procurement of tables, tents, clothing racks, disinfecting stations, and any other physical items that will be used in the outdoor retail area. 3. The business must provide its own electricity to the outdoor retail area; the business may not use electricity provided by the City. 4. The business may not use bollards, trees, light posts, and the like to secure anything in the outdoor retail area or umbrellas, tents, clothing racks, etc. 5. Provide evidence of liability insurance over the outdoor retail area to the City.

Rights of the City of Salem

The City of Salem reserves the right to revoke its permission to allow the outdoor retail area for the following reasons: 1. The operation of the outdoor retail area is not in compliance with submitted safety protocols; 2. The operation of the outdoor retail area is negatively impacting pedestrian travel along the public sidewalk and/or public way and/or is not facilitating safe passage in accordance with the Americans with Disability Act requirements. 3. The Health Agent, Chief of Police, and/or their designee determine that the operation of the outdoor retail area is negatively impacting public health and safety.

Compliance with Massachusetts Regulations

The business owner and/or manager must review and adhere to the most current regulations issued by the Commonwealth of Massachusetts as they pertain to the operation of retail establishments, whether inside a building or outside. Regulations may be found at the following link: https://www.mass.gov/info-details/safety-standards-and-checklist-retail-businesses

Compliance with Regulations*

By checking the box below you acknowledge that you have reviewed and will implement the proper safety protocols as mandated by the Commonwealth of Massachusetts to protect public safety.

File Upload*

Please upload a drawing/plan/image that shows your business and the location of the outdoor retail area. You may also include images of umbrellas or tents, tables, clothing racks, etc. that will be in your outdoor retail area.

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