means any person selling or offering for sale goods, wares,
merchandise, or services of any kind, or food or drink, and every
person soliciting for business of any kind on parade day routes.
(1945 § 1, 1986; 2706 § 1, 2007; 2808 § 1, 2012)
A.
No person
shall sell or offer for sale goods, wares, or merchandise of any kind,
or food or drink; or solicit for business of any kind on parade routes
on parade days or parade weekends without a parade peddler's permit.
B.
Any
person desiring to obtain a permit to act as a parade peddler shall
make application to the Finance Director, or his or her designee,
upon business operation tax certificate application, as provided in
Section 5.04.110 of this Code. The application shall be accompanied
by the required fees and a certification that the applicant has not
violated the regulations, requirements, or conditions of permit approval
applicable to the peddler within three years prior to the date of
the application. The completed application shall be received by the
Finance Director on or before the deadline established by the Finance
Director for applications for the parade peddler permits associated
with that parade day.
C.
Upon receipt of a completed application, the Finance Director shall consult with law enforcement and public health and safety personnel, and such other City personnel as he or she believes is appropriate to assess whether any of the grounds for denial of the application under Section 5.22.022 exist.
(1945 § 1, 1986; 2706 § 1, 2007; 2808 § 1, 2012)
A.
After
consulting with law enforcement, public health and safety personnel,
the Finance Director shall determine whether any of the following
grounds for denial of the application exist:
1.
The
applicant has, within three years prior to the date of application,
violated any regulation, requirement, or condition of permit approval
applicable to the peddler; or
2.
The
applicant has otherwise acted in a manner that threatened the public
health, safety, or welfare, or that disrupted the safe and orderly
conduct of a parade; or
B.
If the
Finance Director determines that one or more of the grounds for denial
of the application exists, he or she shall prepare written findings
identifying the grounds for denial, and shall deny the permit application.
Notice of denial shall be mailed to the applicant.
(2706 § 1, 2007; 2808 § 1, 2012)
A.
If the Finance Director does not make one or more of the findings set forth in Section 5.22.022, the Finance Director, or his or her designee, shall issue a parade peddler permit card, which card shall bear the true name of the permittee and the name of the business on behalf of which the permittee peddles. Approval of a permit may be made subject to one or more conditions of approval required pursuant to Section 5.22.050.
B.
Any
person who violates any provision of this chapter, or any condition
of approval of the permit, shall be subject to arrest, and all goods,
wares, merchandise, food, or drink shall be subject to impoundment.
Except as otherwise required by law, the impounded merchandise shall,
upon request, be returned to the violator following the conclusion
of the parade or event.
(2706 § 1, 2007; 2808 § 1, 2012)
The permit fees shall be established by City Council resolution.
(1945 § 1, 1986; 2290 § 1 (8), 1994; 2706 § 1, 2007; 2808 § 1, 2012)
Parade peddler permit cards shall be worn conspicuously by each
parade peddler at all times during the parade or event for which the
permit is issued. Such cards shall not be transferable.
(1945 § 1, 1986; 2706 § 1, 2007; 2808 § 1, 2012)
A peddler's permit may be conditioned to restrict the sale or provision of those items set forth in Section 5.22.010 by requiring compliance with one or more conditions:
A.
Requiring
sanitary methods of handling and serving any food or drink;
B.
Requiring
disclosure of product contents or warnings related to the product
being sold;
C.
Requiring
compliance with all laws or regulations applicable to the sale or
offer for sale of the offered goods, wares, or merchandise;
D.
Requiring
that, as the parade approaches and passes his or her position, the
parade peddler shall move behind spectators or into designated turnout
areas provided for that purpose, and shall not in any way interfere
with the parade or the public's view and enjoyment of the parade;
E.
Requiring
compliance with the directives of law and public safety officers present
on or along parade day routes to ensure the safe, sanitary, orderly,
and lawful conduct of the parade peddler and/or the public; and/or
F.
Requiring
compliance with such other conditions as are necessary or appropriate
in order to protect the public health, safety and welfare.
(1945 § 1, 1986; 2442 § 1, 1998; 2706 § 1, 2007; 2808 § 1,
2012)
No parade peddlers shall be allowed to enter the festival grounds
to sell their wares. The grounds shall be defined as any City-owned
or controlled property used for the conduct of a festival. No parade
peddlers shall be allowed to enter private property to sell their
wares without written consent of the owner.
(1945 § 1, 1986; 2706 § 1, 2007; 2808 § 1, 2012)
Within 10 calendar days after the date of denial of a parade peddler's permit application or the date of imposition of one or more conditions of approval to which the applicant objects, the applicant may file a written notice of appeal with the City Clerk. The notice of appeal shall identify, by date and applicant's name, the application which was denied, or, if applicable, the condition(s) of approval to which the applicant objects, and shall state all reasons the application should be approved or the condition(s) modified. If desired, the applicant may request in the notice of appeal that the City Manager conduct a hearing on the appeal. The applicant, interested members of the public, and City personnel may present written and/or oral evidence and testimony relevant to determining whether adequate grounds exist under Section 5.22.025 for denial of the permit, or whether conditions imposed pursuant to Section 5.22.050 are reasonable. The technical rules of evidence applicable to court proceedings shall not apply to the hearing process. The City Manager or his or her designee shall consider the evidence presented, and shall either grant, conditionally grant or deny the appeal. The decision of the City Manager or his or her designee shall be final. Notice of the decision shall be given to the applicant at the time of the hearing, or by mail.
(2706 § 1, 2007; 2808 § 1, 2012)
A.
A peddler's
permit may be revoked and confiscated by the City Manager, the Finance
Director, or a police officer if any of the following occur:
1.
The
peddler sells goods of a sort or in a manner that is not permitted
by the permit, or which violates any condition of approval of the
permit or of vendor restrictions established in writing for such parade
event; or
2.
The
peddler sells or offers for sale goods, wares, merchandise, food,
or drink, of a sort, or in a manner that presents a hazard to the
health or safety of the public; or
3.
The
peddler causes disruption of the parade route or to a member or members
of the gathered public; or
4.
The
peddler violates any law or regulation protecting the health, safety,
or welfare of the public; or
5.
The
peddler fails to comply with any directive of a public safety officer
or City official intended to facilitate the conduct of the parade
or otherwise protect the health, safety, and welfare of parade participants
or the public.
B.
In the event of revocation of the permit, the peddler shall cease selling or offering to sell any and all items requiring the peddler's permit. Continuation to sell or offer to sell such items after revocation of the permit shall be grounds for arrest and impoundment pursuant to Section 5.22.025.
C.
Any
permittee whose permit is revoked and confiscated may file a written
request for hearing with the City Clerk within 10 days of the revocation
of such permit. The request for hearing shall state all reasons the
revocation should be overturned. The permittee, interested members
of the public, and City personnel may present written and/or oral
evidence and testimony relevant to determining whether adequate grounds
existed for the revocation of the permit. The technical rules of evidence
applicable to court proceedings shall not apply to the hearing process.
The City Manager or his or her designee shall consider the evidence
and determine whether the permit was properly revoked hereunder, or
shall restore the permit to the peddler. Notice of the decision shall
be given at the time of the hearing or by mail. The decision of the
City Manager or his or her designee shall be final.
(2706 § 1, 2007; 2808 § 1, 2012)
