For purposes of this chapter, the following words and terms shall have the meanings set forth below:
"Goods or merchandise"
means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items.
"Human powered device"
means any device moved by human power, including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance.
"Operator"
means any person or entity owning a ten percent or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle.
"Person"
means any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
"Public property"
means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the city other than a street, alley, parkway, or sidewalk.
"Vehicle"
means a motor vehicle as defined in the Vehicle Code, utilized or intended to be utilized for the purpose of vending, and shall not include any human powered device.
"Vend or vending"
means the sale or offering for sale of any goods or merchandise to the public from a vehicle on a public street, private street open to the public, or other public property.
"Vendor"
means any operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of an operator, who engages in the act of vending or who drives or otherwise operates any vehicle for the purpose of vending therefrom.
(Code 1980, § 8.40.010; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
For purposes of enforcement of this chapter, any violation of law committed in connection with vending by a vendor, shall be imputed to and deemed to be a violation of the operator on whose behalf or for whose benefit the vendor was vending when the violation occurred.
(Code 1980, § 8.40.010C.; Ord. No. 808, § 1, 2-18-2009)
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of, or offering for sale, any goods or merchandise from any vehicle parked, stopped, or standing upon any public street or private street open to the public, except in accordance with all applicable provisions of this Code, all state and federal laws and regulations, and in compliance with each of the following requirements:
A. 
Such vending shall be only by means of a vehicle duly registered and licensed by the state with an unladen weight of less than 6,000 pounds.
B. 
Each vendor shall possess and at all times display in conspicuous view upon each vehicle the actual business name and telephone number, and a city business certificate issued pursuant to title 5.
C. 
Each vendor shall possess and display upon request by any potential customer or city representative, an operator's permit issued pursuant to this chapter, or a full, true and correct copy thereof.
(Code 1980, § 8.40.020; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
A. 
Any person desiring to obtain an operator's permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this chapter shall file an application with the business license division of the finance department. Such application shall be accompanied by a non-refundable application fee in such amount as established by resolution of the city council. Any such permit shall be valid for one year from date of issuance. The permit may be renewed annually, subject to filing of a new application and payment of a new application fee. Each permit applicant shall furnish the following information and documentation in the application:
1. 
The street address where the office of the business is or will be located;
2. 
The full, true name under which the business will be conducted;
3. 
The full, true name and any other names used by the applicant;
4. 
The present residence and business addresses and telephone numbers of the applicant, each ten percent or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise;
5. 
A detailed description of the goods or merchandise which the applicant will vend;
6. 
The make, body style, year, VIN number, state license plate number, and names and addresses of each registered and legal owner of each vehicle;
7. 
A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant's business that will appear on each vehicle;
8. 
The name, residential address, and telephone number of the individuals primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the operator;
9. 
Evidence of compliance with the insurance requirements of the Vehicle Code as to each vehicle; and
10. 
Whether or not any vendor of the operator who vends or may vend any products to minors, if the permit is issued, is required to register pursuant to Penal Code § 290 (sex offenders); or has, within the previous five years, been convicted of any crime involving conduct which requires registration under any state, federal or territorial law similar to and including Penal Code § 290, or conduct which is a violation of the provisions of any state, federal or territorial law similar to and including Penal Code § 266h, 266i, 314, 315, 316, 318, 647(a),(b), (c) or (d), 647(c) or 647(f) where the violation occurred while vending, or has been convicted of any crime where the victim was a minor, or of any crime for which the prosecutor accepted a plea to violation of Penal Code §415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the foregoing crimes, or has been convicted of any crime committed in the course of vending. In determining if the applicant pled to a lesser included or related offense or any other offense in lieu of any of the foregoing code sections or crimes, pursuant to any provision of this section, the chief of police, and any person considering this matter on appeal, may consider the underlying facts resulting in the arrest regardless of the charge for which the applicant was convicted. For the purposes of this chapter, the term "conviction" means and includes a conviction pursuant to a plea of guilty or nolo contendere. Each applicant shall provide to the business license division of the finance department, the applicant's vendors, and the applicant if he or she will vend, a set of fingerprints or be processed by Live Scan or similar process to obtain fingerprints, in order to verify criminal background information provided and two passport photos.
B. 
The finance director shall be authorized to investigate the truth of the facts set forth in the application. Each application shall be approved or denied within a reasonable amount of time.
C. 
Permit Denial. Any permit applied for under the provisions of this chapter may be denied for any of the following causes:
1. 
Fraud, misrepresentation, or false statement contained in the application for a permit;
2. 
Conviction of a misdemeanor or felony involving fraud, theft, dishonesty, or injury to any person within the previous ten years, or revocation of any permit to sell goods or services to the public within the previous five years, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code section 290;
3. 
Failure to comply with the requirements of this chapter; or
4. 
Conviction within the previous 12 months, resulting from any violation of this chapter.
D. 
Appeal Procedure. Any person aggrieved by a denial of a solicitation permit may appeal such denial to the city manager, or designee pursuant to section 1.12.150, by filing a written request for an administrative hearing with the city clerk within ten days after service of notice of the finance director's decision. Upon receipt of a timely appeal, the aggrieved party shall be given notice of a hearing to be held before the city manager, or designee, within 30 days of the date of said notice. The city manager, or designee, shall bear the burden of proof and the appellant shall pay a non-refundable fee in an amount established by resolution of the city council for such appeal. The city manager, or designee, shall render a decision within a reasonable amount of time not to exceed 60 days of the conclusion of the hearing. The decision of the city manager, or designee, shall be final.
E. 
Each permittee shall notify the finance director, in writing, within ten business days of any change in the required application information.
(Code 1980, § 8.40.030; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014; Ord. No. 931 § 3, 2018)
A. 
Any operator's permit may be temporarily suspended or revoked by the finance director for any of the following reasons:
1. 
Provision of false information on the permit application.
2. 
Failure of the permittee to notify the finance director within ten business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit.
3. 
There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee's behalf, of this chapter or any other local, state, or federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit.
4. 
While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver's license, or operation of a vehicle found by police inspection to be unsafe and in violation of the Vehicle Code.
5. 
The permittee no longer satisfies the operator permit approval criteria set forth in section 8.40.030(B).
6. 
Vending in any way or manner, or of any goods or product, so as to cause an identifiable risk of harm to the public.
B. 
Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal and be heard at a hearing, provided such appeal is filed with the city manager, or designee, within ten business days of the date of the notice. Upon receipt of a timely appeal, the permittee shall be given notice of a hearing to be held before the city manager, or designee, within 30 days of the date of said notice. The city manager, or designee, may reverse, modify or affirm the decision of the finance director. Unless immediate suspension is necessary to prevent a significant and immediate risk to the public health and safety, a suspension or revocation shall be stayed until expiration of the appeal period or the decision on the appeal. The city manager or designee shall render a decision within a reasonable period not to exceed 60 days of the conclusion of the hearing. The decision of the city manager or designee shall be final.
C. 
No person whose permit is revoked shall be eligible to apply for an new permit for a period of one year following such revocation.
D. 
Notices required or permitted to be served pursuant to section 8.40.030 or 8.40.040 may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law.
(Code 1980, § 8.40.040; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor, shall also comply with all applicable noise and sound regulations effective within the city.
(Code 1980, § 8.40.050; Ord. No. 808, § 1, 2-18-2009)
It is unlawful for any vendor or operator to sell any item or thing which is otherwise prohibited from being sold within the city, including, but not limited to, any goods or products not identified in the application for an operator's permit.
(Code 1980, § 8.40.060; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
Each vendor and operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit from the county health department is required by law shall possess and at all times display such required permits in conspicuous view upon such vehicle.
(Code 1980, § 8.40.070; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
A. 
Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property.
B. 
No vending from such vehicle shall be permitted within 60 feet of any intersection of two or more streets or within 1,000 feet of any public or private elementary, junior high, or high school.
C. 
No vending from such vehicle shall be permitted at any public park unless the vending occurs as part of a city-sponsored function and the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending.
D. 
For purposes of vending within any park, this endorsement shall serve as the written authorization required pursuant to section 12.04.010(N). Any vendor denied an endorsement may appeal such denial pursuant to section 8.40.030(B).
(Code 1980, § 8.40.080; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014; Ord. No. 1027, 5/15/2024)
A. 
Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom.
B. 
Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within 25 feet of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator.
(Code 1980, § 8.40.090; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
A. 
No vending shall be permitted for a period of time in excess of ten minutes in any one location. Such vehicle must be moved a distance of not less than 100 feet between consecutive stops where vending occurs.
B. 
No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
C. 
No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb.
(Code 1980, § 8.40.100; Ord. No. 808, § 1, 2-18-2009; Ord. No. 870 (Recodification), 2014)
Vending is permitted only between the hours of 8:00 a.m. and 6:00 p.m. of any day.
(Code 1980, § 8.40.110; Ord. No. 808, § 1, 2-18-2009)
The requirements of this chapter shall not apply to:
A. 
Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location.
B. 
Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the city, state or federal government for such purpose.
C. 
Any person exempted from the provisions of this chapter by any local, state or federal law, regulation or statute.
(Code 1980, § 8.40.120; Ord. No. 808, § 1, 2-18-2009)