The city council of the city of Waterford hereby finds and declares that public necessity, health and safety, and for the general welfare, immediately requires that any person operating an itinerant or street vendor business or service as an owner or operator or as an employee of an owner or operator obtain a permit from the city of Waterford and operate pursuant to the laws of the state of California, the county of Stanislaus and the city of Waterford.
(Ord. 2011-05 §1)
For the purposes of this chapter, unless otherwise stated in this chapter, the following words and phrases are defined as follows:
"Established place of business"
means and includes a fixed place, location or building within the boundaries of the city of Waterford, zoned for residential uses with a valid city home occupation permit, or commercial, office, or industrial uses, owned, or rented or leased on a month-to-month or term for years basis, by a person using such place, location or building as his or her permanent place of business.
"Itinerant vendor"
means and includes:
1. 
Any person who has no established place of business within the boundaries of the city of Waterford and who is engaged in transient business traveling from place to place for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date; and
2. 
Any person who has obtained the proper city of Waterford permits and public/private permission to engage in a transient business in one location or set up a temporary location as provided by the Waterford Municipal Code for the purpose of selling any goods, wares, merchandise or services or for the purpose of the taking of orders for the sale of any goods, wares, merchandise or services to be delivered or performed at some future time and date.
"Non-profit organization"
means and includes any organization, foundation, corporation or association recognized by the state of California as a non-profit organization.
"Person"
means and includes natural persons, sole proprietorships, firms, associations, partnerships, or corporations.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk vendor"
means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location"
"Temporary location"
means and includes a location that may not be used in excess of seventy-two hours in any consecutive thirty-day period.
(Ord. 2011-05 §1; Ord. 2019-07 §1)
A. 
No person shall engage in any business whether individually or as the employee or agent of another person, firm, company, corporation, association, organization, or partnership as an itinerant vendor without first complying with all applicable requirements of Title 17 (zoning regulations) and having obtained a business license in accordance with Chapter 5.04 and secured a permit from the chief of police in accordance with the provisions of Section 5.06.170.
B. 
Exemptions. The following are expressly exempt from the provisions of this chapter:
1. 
Qualified participants in a farmer's market registered with the sponsoring organization approved from time to time by the city council of the city of Waterford;
2. 
Merchants having an established place of business in the city of Waterford, or their employees or agents;
3. 
Wholesalers or their representatives, employees or agents, calling upon retail business.
C. 
Non-profit organizations as recognized by the state of California are not required to obtain itinerant vendor or street vendor permits but shall register their itinerant vendor activity with the city of Waterford police department pursuant to Section 5.06.170.
(Ord. 2011-05 §1)
A. 
Except as otherwise provided in this section, no street vendor shall operate within this city:
1. 
Without a permit issued by the city of Waterford pursuant to Section 5.06.050.
2. 
In such a manner as to constitute a violation of Vehicle Code Sections 22400 and 22507;
B. 
When a person or entity owns more than one vehicle, wagon, or pushcart subject to the provisions of this section, such person or entity shall not permit an additional vehicle, wagon, or pushcart owned by said person or entity to vend at any permitted location for a period of twenty-four hours within one thousand feet of such a location when another vehicle, wagon, or pushcart owned by the same person or entity has already vended within that twenty-four-hour period at that permitted location.
C. 
The provisions of this section shall not apply to persons delivering such articles upon order of or by agreement with a customer from a store or other fixed place of business or distribution.
D. 
It is unlawful for any person to own, lease, drive, operate, or cause or permit to be driven, or operate any food vending truck or in the city of Waterford unless such person has obtained a permit pursuant to Section 5.06.050 and submitted a motor vehicle liability insurance policy covering each food vending truck issued by a solvent corporation holding a certificate of authority to do insurance business in the state of California.
E. 
It is unlawful for a sidewalk vendor to own, lease, operate, or cause or permit to operate a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance in the city of Waterford unless such person has obtained a permit pursuant to Section 5.06.050.
F. 
Each vehicle operating under the provisions of this chapter and pursuant to the permit issued under Section 5.06.050 shall be equipped with a trash receptacle of a size sufficient to accommodate all trash and refuse generated by its vending activities.
G. 
Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter, or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle or any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor or operator.
H. 
Vendor shall not dispose of liquid or semi-solid or solid waste on city-owned property and shall dispose of waste in compliance with the provisions of Chapter 8.04.
(Ord. 2011-05 §1; Ord. 2019-07 §2)
Any person desiring to obtain an itinerant vendor or street vendor permit or desiring to obtain a permit for his or her employee or agent shall file a written application with the chief of police on the application form provided by the police department. Such application shall set forth the following information:
A. 
The applicant's name and address(es), both residential and business;
B. 
If the applicant is a corporation, the name of the corporation exactly as it appears in the articles of incorporation, as well as the names and addresses of all officers, directors and stock holders holding five percent or more of the stock in the corporation;
C. 
If the applicant is a partnership or unincorporated association, the names and addresses of all partners, including limited partners, or principals. Additionally, if the applicant is a partnership, then it must designate a managing partner and that person must complete the application form;
D. 
The applicant's date of birth, weight, height, color of eyes and hair;
E. 
The name under which the itinerant vendor operates;
F. 
The name of each city, county and state, including the specific addresses therein, in which the applicant has been engaged or has conducted itinerant vendor activity within the immediately preceding five years;
G. 
A statement of all felonies and misdemeanors for which the applicant has been convicted, including nolo contendere, within the five years immediately preceding the date of the application;
H. 
The applicant's valid drivers license number;
I. 
The applicant's valid Social Security number;
J. 
The type of permit requested (i.e. owner, operator or employee);
K. 
Any and all other information requested by the chief of police to facilitate the processing of the application and to ensure that the public's health, safety and general welfare is protected:
L. 
A signed statement that the information contained in the application as submitted by the applicant is true to the best of the applicant's knowledge under the penalty of perjury under the laws of the state of California.
(Ord. 2011-05 §1)
Any person desiring to obtain a permit shall pay to the city of Waterford, and submit along with the application referenced in Section 5.06.050, the fees established from time to time by resolution of the city council of the city of Waterford for itinerant vendors.
(Ord. 2011-05 §1)
A. 
The chief of police shall conduct and complete an investigation of the truthfulness of the facts set forth in the application filed pursuant to Section 5.06.050 and the moral fitness, reputation, character, integrity and competency of the applicant.
B. 
The applicant shall report to the Waterford police station to be fingerprinted, the cost of which shall be borne by the applicant. A complete fingerprint background investigation through the California Department of Justice can take an estimated six to sixteen weeks to complete.
C. 
The chief of police, within fifteen days after the application is received, shall conduct a preliminary background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant.
D. 
If the chief of police finds nothing in the preliminary background investigation which would indicate that the applicant's moral fitness, reputation, character, integrity or competency would pose a threat to the public safety, health or welfare, the chief of police may issue a ninety-day temporary permit while the complete fingerprint background investigation is being completed by the California Department of Justice pursuant to Section 5.06.070(B). To qualify for a temporary permit, the itinerant vendor shall: (1) file a permit application pursuant to Section 5.06.050; (2) reside in Stanislaus County or a county contiguous to Stanislaus County; and (3) be subject to a background check of references and law enforcement agency records within Stanislaus County and counties contiguous to Stanislaus County pursuant to a written release from applicant. If the complete fingerprint background investigation is not completed by the California Department of Justice on the expiration date of the ninety-day temporary permit, the chief of police may extend the expiration date by not more than sixty days.
(Ord. 2011-05 §1)
The chief of police shall grant and issue the permit for a period not to exceed one year and subject to the conditions established below and any other conditions that the chief of police establishes if the chief of police finds nothing in the preliminary background investigation or the complete fingerprint background investigation through the California Department of Justice which would indicate that the applicant's moral fitness, reputation, character, integrity or competency is not good or would pose a threat to the public safety, health or welfare.
(Ord. 2011-05 §1)
The following conditions shall apply to each and every permit issued:
A. 
The applicant must be eighteen years or older, or if the applicant is between the age of fourteen and seventeen, inclusive, and submit proof of a valid work permit issued by the applicant's school.
B. 
The applicant must not have been convicted within the five years immediately preceding application for a permit for a crime involving honesty or veracity, violence, dangerous or deadly weapons, or not more than once during the same five-year period of the use or possession of narcotics or other such illicit substance.
C. 
The applicant must operate in accordance with the provisions and requirements of the laws of the United States of America, the state of California, the county of Stanislaus, and the city of Waterford.
D. 
The applicant must operate in a courteous, honest and forthright manner, which includes, but is not limited to, the following:
1. 
Displaying his or her permit pursuant to Section 5.06.140 and upon request present it for review by the person the permittee is soliciting;
2. 
Refraining from soliciting those persons that have indicated that they do not want to be solicited, either orally or by the posting of a sign;
3. 
Not threatening or coercing any person.
E. 
The applicant must procure and present to the city of Waterford a bond in the penal sum of one thousand dollars.
F. 
If the applicant proposes to operate on private property, he or she must first obtain zoning clearance from the city of Waterford planning department, planning division, and shall comply and operate pursuant to all applicable zoning laws, regulations, and special conditions as administered by the city of Waterford planning department by authority of the Waterford Municipal Code.
G. 
Any and all other conditions established by the chief of police or the city manager, or designee, on any one individual permit to ensure the public health, safety and general welfare.
(Ord. 2011-05 §1)
A. 
Denial. The chief of police may deny the permit if it appears that:
1. 
The applicant has been convicted, including a plea of nolo contendere, of a felony or misdemeanor involving moral turpitude under any state or federal law; or
2. 
There is any cause which, in the opinion of the chief of police, jeopardizes the public health, safety or general welfare.
B. 
Suspension and Revocation. The chief of police is authorized to temporarily suspend or permanently revoke the permit of any person permitted under this chapter for any of the reasons that follow after five days' written notice to the permittee specifying the grounds for the proposed suspension or revocation and requiring the permittee to appear at a certain time and place to show cause why such permit should not be suspended or revoked:
1. 
Noncompliance with any of the conditions established by Section 5.06.090;
2. 
If it appears that the permittee has engaged in any unlawful business, act or acts;
3. 
When any matter comes to the attention of the chief of police that the information provided in the permittee's application was false;
4. 
When complaint(s) have been lodged against the permittee that same has threatened or jeopardizes the public health, safety or general welfare.
(Ord. 2011-05 §1)
A. 
Any permittee or applicant may appeal the decision of the chief of police to deny, suspend or revoke a permit to the city manager, or designee, by submitting such appeal in writing within ten days of the date of the denial, suspension or revocation.
B. 
The city manager, or designee, shall set a date and time for a hearing not later than ten days from the receipt of the written appeal on the appeal and give at least five calendar days' written notice thereof by mail addressed to the applicant's permanent address as reflected in the application.
C. 
At the hearing, which may be continued from time to time, the city manager may take oral and documentary evidence from any interested person regarding the moral fitness, reputation, character, integrity and competency of the applicant or any other factors which were used by the chief of police in his or her reasonable judgment that resulted in the denial, suspension or revocation of a permit. Any applicant or permittee who fails to appear at the hearing after notice was given, without obtaining a continuance from the city manager, or designee, may be deemed to have waived any right to introduce evidence or object to the final decision of the city manager or designee.
D. 
If the applicant fails to appear at the time and place set for hearing, the city manager will consider the matter resolved by the ruling of the chief of police.
E. 
The city manager, or designee, shall make a ruling at the end of such hearing or within five days thereafter to either:
1. 
Uphold the decision of the chief of police in the denial, suspension or revocation of the permit;
2. 
Overrule the decision of the chief of police and grant or reinstate the permit;
3. 
Amend the suspension length of the permit for any such period as may be deemed necessary and proper;
4. 
Grant or reinstate the permit with additional conditions established thereto.
(Ord. 2011-05 §1)
A. 
Any applicant may appeal the decision of the city manager, or designee, by filing such appeal with the city clerk in writing within ten days of the date of the city manager's decision.
B. 
The city clerk shall schedule a public hearing at the next regularly scheduled city council meeting in accordance with the calendar deadlines established by the city clerk for placing an item on the city council agenda. The city clerk shall give at least five calendar days' written notice thereof by mail addressed to the applicant's permanent address as reflected in the application.
C. 
If the applicant fails to appear at the time and place set for hearing, the city council will consider the matter resolved by the ruling of the city manager or designee.
D. 
If the applicant does appear, the applicant will have to show by clear and convincing evidence that the city manager, or designee, was incorrect in his or her ruling.
E. 
The city council shall have the power to concur with the ruling of the city manager, or designee, or reject the ruling and order the issuance of the permit. In either event, the decision of the city council shall be the final administrative remedy available to the applicant.
(Ord. 2011-05 §1)
Any permit issued pursuant to the provisions of this chapter shall be non-transferable and such shall be used only by the person to whom it has been issued.
(Ord. 2011-05 §1)
A. 
The permittee shall display his or her permit on his or her person at all times while engaged in any such business.
B. 
The permittee shall also have in his or her possession written permission to be on and conduct business on such public or private property from the owner, or his or her authorized representative. The permittee shall, upon demand of any peace officer or fire inspector, present such written permission.
(Ord. 2011-05 §1)
A. 
Any permit issued pursuant to this chapter does not allow or authorize the permittee to operate on a public highway or road right-of-way nor does it allow the permittee to operate on public or private property without the prior written permission of the current owner, or his or her authorized representative.
B. 
No area may be used for a use where such activity is prohibited by the Waterford Municipal Code.
(Ord. 2011-05 §1)
Any permit issued pursuant to this chapter may thereafter be renewed yearly by the applicant, if the permit has not been suspended or revoked, upon the applicant requesting same from the chief of police and paying in advance the renewal fee as established time to time by resolution of the city council.
(Ord. 2011-05 §1)
A. 
Any organization not required to obtain permits pursuant to Section 5.06.030(B) and engaged as itinerant vendors must nonetheless register their organization and participants with the city of Waterford police department prior to engaging in such activity.
B. 
Registration pursuant to subsection A of this section must be made in writing at least five days prior to the commencement of such activity and shall contain at least the following information:
1. 
The name of the organization;
2. 
The names of all itinerant vendors;
3. 
The nature of the activity and the dates that same will be conducted;
4. 
Any other such information that the chief of police may require to insure the public safety, health and general welfare.
(Ord. 2011-05 §1)
Any property owner, person, firm, or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a term not exceeding six months, or by both. The city attorney in his or her discretion may reduce any violation of this chapter to an infraction, punishable by a fine of not more than two hundred fifty dollars. Any property owner, person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as provided herein. Penalties under the administrative enforcement provisions of Chapter 1.17 of this code may be imposed in lieu of, but not in addition to, penalties imposed by the court for any single violation.
(Ord. 2011-05 §1)