Administrative Policies and Procedures Manual - Policy 2160: Outdoor Vendors

Date Originally Issued: 02-01-1993
Revised: 10-26-1994, 01-01-2001, 01-21-2003, 08-01-2006, 02-01-2007

Authorized by RPM 2.12 ("Advertising, Sales, and Solicitations on Campus")

Process Owner: Associate Vice President, Student Life

1. General

Street-side sales of specialty and hand-crafted items are an integral aspect of southwest culture and can contribute to the social and cultural environment of the campus. However, the presence of unregulated outdoor vendors on The University of New Mexico campus impinges on and degrades the educational environment and the process of higher education. In addition, such unregulated vending mars the beauty and tranquility of the campus and contributes to unnecessary congestion, noise, and trash. Commercial vendors do not have the right to use University property free of charge.

1.1. Purpose

The purposes of this policy are to allow for outdoor vending, but in a controlled manner that:

• protects and preserves the academic environment of the University from unnecessary disturbance;
• protects and preserves the beauty and tranquility of the University environment;
• promotes health and safety of the University community;
• prevents commercial exploitation of students; and
• protects and preserves the University's proprietary interests in its property.

2. Application

2.1. Unauthorized Vending Prohibited

No person shall sell food, goods, or services or carry on a trade or business on University property without the expressed consent of the University.

2.1.1. Outdoor vending is governed by the provisions of this policy.

2.1.2. Vending within University facilities is prohibited unless authorized and approved in advance by the facility custodian such as the dean or director of the School, College, or Department.

2.2. Property Subject to Policy

This policy applies to The University of New Mexico's Main Campus, North Campus, and South Campus in Albuquerque.

 2.3. Private and Non-Profit Vendors

This policy applies to all private commercial and non-profit vendors not associated with the University who seek to sell goods or services on University property as described in Section 2.2. herein. This policy does not apply to vending or distribution by mechanical device which may be regulated by the University through a bid or procurement process. Food and beverage vendors are not covered by this policy. Experienced food and beverage vendors who wish to provide services on campus must contact the University Purchasing Department.

2.4. University Organizations

This policy also applies to vending by University organizations (e.g., departments, chartered student organizations).

2.5. Commercial Advertising or Speech

This policy does not apply to commercial advertising or speech. Such activities are regulated by the Regents' policy RPM 2.1 ("Free Expression and Advocacy") and UAP 2220 ("Freedom of Expression and Dissent").

2.6. Vendors to the University

This policy does not apply to vendors or owners or operators of commercial vehicles who are selling goods or services directly to the University or any officers, employees, or agents of the University for the conduct of University business or to other vendors conducting business on the University campus as authorized through the University procurement process. Refer to campus parking and traffic regulations for vendor parking permit information.

3. Authorized Vending Locations

3.1. Main Campus

Outdoor vending is allowed by private commercial and non-profit vendors or University organizations only as provided for in this policy and only in the areas designated by the permit. Permits and procedures will be issued by the Student Activities Center.

University organizations and all commercial and non-profit vendors not associated with the University will be assigned a location on campus by the Student Activities Center. In some instances, specific vending site permits will be issued in accordance with the procurement process used to select food and beverage vendors. 

3.2. South Campus

Vending is authorized under an exclusive agreement, exceptions are determined by the Athletic Department. Permits will be issued by the Director of Athletics in a manner deemed reasonable.

3.3. North Campus

Outdoor vending is generally prohibited on the North Campus. Where exceptions are warranted, permits will be issued by the Executive Vice President for Health Sciences Center (for the Health Sciences area), the Dean of the Law School (for the Law School), or the Director of the Student Activities Center (for other North Campus areas).

3.4. Vending in Residence Halls

Outdoor vending is allowed by private commercial and non-profit vendors or University organizations only under the provisions of this policy and only in the areas determined by the Residence Life Department. Permits will be issued by the Residence Life Department.

4. Vending Permits

4.1. Vending Without Permit Prohibited

Every private commercial and non-profit vendor must obtain a permit from the University and must also pay a fee in advance to cover the term of the permit. University organizations must obtain a permit for vending activities but are exempt from paying any fees for these activities.

4.2. Food and Beverage Vending

No permits shall be issued, under the scope of this policy, to vendors other than University organizations to sell food, beverages, or other ingestibles. Private commercial or non-profit food, beverage, or ingestible vending may be authorized by the University through its procurement process for specific site locations.

4.3. Special Events

The University reserves the right to close the campus or a portion thereof to regular vending on any particular day for special occasions and/or allow special vending opportunities. If permits have already been issued for that day, the University will refund the permit fee and provide the vendor as much notice as possible to the address and/or phone number indicated on the application form.

4.4. Permit Application

Permit applications for vending other than food and beverage vending on University property will be filed with and considered by the:

• Director of the Student Activities Center for Main Campus;
• Residence Life Department for the Residence Hall area;
• Athletic Director for South Campus;
• Executive Vice President for Health Sciences Center for the Health Sciences area;
• Dean of the Law School for the Law School; and
• Director of the Student Activities Center for other North Campus areas.

All applications shall include:

4.4.1. The applicant's name, address, and telephone number.

4.4.2. The name, address, and telephone number of the company or organization represented by the applicant.

4.4.3. A statement as to whether the applicant is a University organization.

4.4.4. The type of vending activity proposed.

4.4.5. The date, time, and duration as well as the location of the vending activity proposed.

4.4.6. The applicant's New Mexico Gross Receipts Tax Number; (non-University organizations);

4.4.7. The applicant's TIN/EIN - Tax Identification Number/Employer Identification Number (non-University organizations);

4.4.8. The applicant's SSN - Social Security Number.

4.5. Issuance of Permits

The Director of the Student Activities Center shall determine the method for the issuance of permits and provide that such use does not interfere with or interrupt educational uses or other uses directly related to the operation of the University and subject to the provisions of this policy.

4.5.1. The University must determine that space is available at the time and location stated in the application.

4.5.2. The applicant must pay the required fee at the time of application. University organizations will not be required to pay these fees. The fees will be returned if the permit is not issued.

4.5.3. The applicant must furnish proof of a New Mexico Taxation and Revenue Department Tax Identification Number (non-University organization).

4.5.4. By signing an application for a permit, the applicant shall agree to defend, indemnify, and hold harmless the University from and against all claims, costs, liabilities, charges, damages, and the like, arising out of the vendor's use and occupancy of University property.

4.6. Permit Fees

All fees are payable in advance. Fees will not be charged for University organizations. A fee schedule is published and subject to change with proper authorization and approval of the Director of the Student Activities Center. The University may use an alternate fee schedule or make special fee arrangements for special events. Revenues returned to the University by food and beverage vendors are determined through the procurement process.

4.6.1. The proceeds from the permit fees will primarily be used to support student publications. Fees from credit card marketers will fund educational programming on credit and debt issues for students. 

4.7. Vending Location

The exact vending location will be designated in the permit. The vending will be confined to the location assigned by the University in the permit.

4.8. Duration of Permit

The maximum period for which a vending permit will be issued at one (1) time is for an academic semester period or four (4) months.

5. Administration

5.1. Processing of Permits

Permit applications for vending on University property shall be filed and approved pursuant to Section 4. herein.

5.2. Requirements and Limits of Operation

In addition to the conditions stated in Section 4.5. herein, vendors and University organizations who have been issued permits shall observe the following rules:

5.2.1. Vending must be confined to the location designated on the permit and staffed at all times.

5.2.2. No vendor shall, by operating on University property, restrict access to University buildings or other facilities.

5.2.3. The vendor shall display its permit at all times while operating on University property.

5.2.4. The vendor shall keep the designated area free of trash and safety hazards.

5.2.5. The vendor will be held responsible for any damage or cleaning that is incurred as a result of the vending.

5.2.6. The use of sound amplification equipment or devices is not approved under this policy.

5.2.7. No vendor shall sell, display, or offer for sale any product or services which are prohibited by law, or inconsistent with University policy.

5.2.8. Permits are not transferable.

5.2.9. No vendor shall bring motorized vehicles into its assigned location.

5.2.10. No vendor shall use trees, bushes, benches, walls and other University property to display and/or hang merchandise. Vendors may not use University utilities, except for special events with the approval of the Director of the Student Activities Center.

5.3. Revocation of Permits

The permit issuer shall have authority to revoke any permit if the vendor fails to comply with the terms of the permit or the provisions of this policy. In the event of revocation, no fees will be refunded to the vendor. Private commercial and non-profit vendors whose permits are revoked shall be prohibited from vending on University property for a period of not more than one (1) year.