A. 
The ordinance codified in this chapter is adopted to provide for the regulation of non-speech-related vending activities on public properties in the City of Paramount. There is a need to require licenses or permits to vend on sidewalks and parks for the health and safety of the public because it increases vendor accountability in following the City's rules and regulations by identifying vendors out of compliance with the City's vending program and protects vendors assigned to vend in certain locations.
B. 
The City Council hereby finds that, to promote the health, safety and welfare, restrictions on sidewalk vending are necessary to avoid negative impacts on the health, safety and welfare of the residents, including, but not limited to, the following:
1. 
Proliferation of illegal sales.
2. 
Potential public exposure to food-borne illnesses due to unlicensed vendors and unsanitary conditions.
3. 
Increase in trash and debris in public rights-of-way.
4. 
Overcrowded sidewalks impacting safe pedestrian movement.
5. 
Interference to the performance of police, firefighter, and emergency medical personnel.
6. 
Disruption to the flow of pedestrian and vehicular traffic including ingress or egress from any residence, public building, place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles.
7. 
Provide reasonable access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, restrooms, trash receptacles, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.
8. 
Maximize public access to and along the right-of-way.
9. 
Reduce exposure to legal liability to the City due to personal injury or claims for damage and litigation due to use of public property.
10. 
Protect adult and minor residents from vendors with certain criminal history and background.
(Prior code § 36-1)
For the purpose of this chapter, the words, terms, and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. Words, terms, and phrases used in this chapter that are not specifically defined shall be construed according to their context and the customary usage of the language.
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.
"Citation"
means an administrative citation issued pursuant to Chapter 1.08 of this Code.
"City"
means the City of Paramount.
"Civic Center" or "City Hall"
means the buildings, facilities, and parking areas located at 16400 Colorado Avenue, Paramount, CA 90723, including the City Yard and parking areas at 15300 Downey Avenue, Paramount, CA 90723, and the Paramount Sheriff's Station and the appurtenant parking lots located at 15001 Paramount Boulevard, Paramount, CA 90723.
"Director"
means the Director of Finance or designee.
"Food"
means any item provided in Health and Safety Code Section 113781, as the same may be amended from time to time.
"Goods" or "merchandise"
means any item that is not food.
"Heating element"
means any device used to create heat for food preparation.
"Person" or "persons"
means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity.
"Public park"
means the public parks owned, leased, and/or controlled by the City.
"Public property"
means all property owned, leased, or controlled by the City, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lots.
"Roadway"
means that portion of the street, which is improved, designed, or ordinarily used for vehicular travel.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops to complete one or more transactions.
"Sidewalk"
means that portion of the highway or street other than the roadway or parkway, set apart by curbs, barriers, markings, or other delineation which is used principally for pedestrian travel.
"Sidewalk vending facilities" or "sidewalk vendor facilities"
means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.
"Sidewalk vendor" or "vendor"
means a person who sells food or merchandise from a pushcart, stand, display, pedaldriven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public well-walk or other pedestrian path, or such other meaning of such term as may be ascribed by Government Code Section 51036(a) from time to time.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Swap meet"
means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(Prior code §36-2)
A. 
All vendors must obtain and possess a business license as required by Chapter 5.12 of the Paramount Municipal Code and must comply with all applicable provisions of local, State and Federal law and regulations prior to conducting any vending business with the City.
B. 
In addition to all information required for a City business license, all vendors shall be required to provide all the following information on a business license application to the City prior to commencing any vending within the City:
1. 
The name, current address, and telephone number of the person applying to become a sidewalk vendor. If the vendor is an agent of an individual, company, partnership, or corporation, the name of the business address of the principal.
2. 
The name, current address, and telephone number of the person who will be in charge of any roaming well-walk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending facilities.
3. 
The name, current address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at sidewalk vending facilities.
4. 
The number of sidewalk vending facilities the sidewalk vendor will operate within the City under the permit.
5. 
The location(s) in the City where the sidewalk vendor intends to operate.
6. 
The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s).
7. 
Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel.
8. 
If the vendor proposes to be a sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act as well as the dimensions of the sidewalk vendor's sidewalk vending facilities, including a picture of each sidewalk vending facility operating under the business license and any signs that will be affixed thereto.
9. 
Whether the sidewalk vendor will be selling food, goods or merchandise, or both.
10. 
If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, whether such foods will require a heating element inside or on the sidewalk vending facility for food preparation, and the type of heating element, if any.
11. 
If the vendor is selling goods or merchandise, a description of the goods or merchandise to be sold.
12. 
A copy of the public health permit required for any sidewalk vendors selling food, as required by the Los Angeles County Environmental Health Department.
13. 
Proof the person possesses a valid California Department of Tax and Fee Administration seller's permit which notes the City as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor's business license.
14. 
An acknowledgement that the sidewalk vendor will comply with all other generally applicable local, State, and Federal laws.
15. 
A certification that, to their knowledge and belief, the information contained within the application is true.
16. 
An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, commissions, officers, and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including, without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the licensee, City, and/or the parties initiating or bringing such proceeding.
17. 
An acknowledgement that use of public property is at the sidewalk vendor's own risk and that the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and that the sidewalk vendor uses the public property at the vendor's own risk and assumes such risks.
18. 
Vendor shall cooperate with the Public Safety Director or designee and submit to a local and state summary criminal history information investigation and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code Sections 11105 and 13300, the City Council explicitly authorizes the Public Safety Director or designee to obtain such information as it relates to disqualifying convictions.
19. 
Proof of insurance policy issued by an insurance company licensed to do business in the State, protecting the vendor and the City from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with issuance of the business license in the amount of $500,000. Such insurance shall name as additional insured the City and its elected and appointed officials, officers and employees and shall provide that the policy shall not terminate or be canceled prior to the expiration date without 30 days' advance written notice to the City.
20. 
Payment of any and all fees.
21. 
Any such identification number(s) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the business license or comply with a State law or State or Federal court order.
(Prior code § 36-3)
A. 
Upon acceptance of a properly completed and filed sidewalk vendor business license application, the Director or designee shall conduct a preliminary investigation in coordination with other relevant City departments to determine compliance with this chapter and shall make such determination within no more than 30 days of acceptance to approve or deny the application. The Director or designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. 
The Director or designee may deny an application for a business license if an applicant fails to meet any of the requirements identified in Section 12.40.030, or if he or she makes any of the following findings:
1. 
The applicant has failed to pay any fees or charges.
2. 
The applicant has made one or more material misstatements or omissions in the application for a business license.
3. 
The applicant does not have a valid California driver's license or valid California identification card issued to the vendor; or valid individual taxpayer identification number issued to the vendor.
4. 
The applicant does not provide a certificate of liability insurance.
5. 
The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.
6. 
It is determined that the applicant does not possess all Federal, State, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
C. 
If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no business license will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
(Prior code § 36-4)
A. 
All business licenses are valid for one year unless revoked or suspended prior to expiration. An application to renew a business license shall be made not later than 30 days before the expiration of the current business license.
B. 
Transferability. A sidewalk vending business license shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
(Prior code § 36-5)
A sidewalk vending business license shall not be required for the following activities:
A. 
Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution.
B. 
Vendors participating in farmers markets, swap meet, street fairs, or other special events as authorized by the City.
C. 
An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way).
D. 
Vendors that only sell, display, distribute, solicit, or offer sale items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons).
(Prior code § 36-6)
All sidewalk vendors that prepare or sell food shall comply with the following requirements:
A. 
All equipment installed in any part of the cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.
B. 
All utensils shall be securely stored in order to prevent their being thrown from the cart or vehicle in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
C. 
Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed to be hidden from view to the extent possible and be easily accessible.
D. 
All vendors selling food products must clearly identify how utensils and other equipment are to be washed and clean. Vendors are prohibited from using any public faucets and/or washing facilities or private faucets and/or washing facilities (not belonging to vendor) to wash and clean utensils and equipment.
E. 
All vendors must possess a valid permit issued by the Los Angeles County Health Department. If the sidewalk vendor intends to sell food or any other item requiring a County Health Department permit said permit must be presented to the City prior to issuance of any business license pursuant to Section 12.40.030.
(Prior code § 36-8)
All business licenses and Los Angeles County health permits shall be displayed on a pushcart, stand, display, pedaldriven cart, wagon, showcase, rack or other non-motorized conveyance in a visible and conspicuous location always during the operation of the vending business.
(Prior code § 36-9)
Notwithstanding this chapter and any provisions of the Paramount Municipal Code, it is unlawful for any person to engage in sidewalk vending activities within the following locations or areas within the City:
A. 
Any public property that does not meet the definition of a sidewalk or pathway, including, but not limited to, any roadway, street, alley, or parking lot.
B. 
Within any area zoned for residential purposes, provided that roaming sidewalk vending activities operate in compliance with this chapter shall not be prohibited.
C. 
Within 500 feet of the following:
1. 
An area designated for a City-sponsored event and/or where a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City's temporary special permit are also provided to a sidewalk vendor permitted to operate in the area, if applicable.
For purposes of this paragraph, a temporary special permit is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, festivals, or outdoor concerts. A prohibition on sidewalk vendor activities pursuant to this paragraph shall only be effective for the duration of the temporary special permit.
2. 
Civic Center, City Hall, City Yard, Sheriff's Station, or a fire station.
3. 
Any public or private school, or a large or general child day-care facility, between the hours of 6:00 a.m. and 6:00 p.m.
4. 
Any place of assembly or worship, between one hour before and one hour after scheduled event or presentation times.
5. 
Any sheriff or law enforcement officer, firefighter, or emergency medical personnel who are actively performing their duties or providing services to the public.
D. 
In or on the median of any street, road, or highway.
E. 
Within 10 feet of any area designed for public parking, bus zones, stopping, or loading; or in any location where the sidewalk vending receptacle blocks manholes, utility access points, and/or vents.
F. 
In any location which the location of the sidewalk vending receptacle, or the operation of sidewalk vending activities, would result in or cause a violation of applicable law, including, but not limited to, the Americans with Disabilities Act.
G. 
Notwithstanding any specific prohibition in this chapter, any location or area where the operation of sidewalk vending activities creates a reasonably foreseeable danger to the safety of persons or property.
(Prior code § 36-10)
A. 
It is unlawful for any stationary sidewalk vendor to enter or go in or upon private premises within an area of the City zoned for residential purposes.
B. 
A roaming sidewalk vendor may vend in residential areas on public sidewalks only during the hours of 8:00 a.m. to 5:00 p.m. daily from October through June, and 8:00 a.m. to 8:00 p.m. July through September. A resident who does not wish to be contacted by such vendors may post a statement or notice to the effect that vendors are not desired.
(Prior code § 36-11)
A. 
Vendors shall not block access to or egress from such businesses and generally shall remain no less than eight feet from any entrance or exit.
B. 
Vendors may not utilize private solid waste receptacles or those belonging to other businesses.
C. 
Vendors may not utilize private restrooms without the prior consent of the business.
(Prior code § 36-12)
In addition to those regulations established in Sections 12.40.100 and 12.40.120, it is prohibited for any stationary sidewalk vendor to operate under any of the following conditions:
A. 
Leave any stand unattended.
B. 
Vend between the hours of 10:00 p.m. to 7:00 a.m. daily unless in conjunction with a special event.
C. 
Store, park, or leave any stand overnight on any public street, sidewalk, or park.
D. 
Sidewalk vending facilities shall not be located on any public property when the facility is not being actively used for sidewalk vending activities.
E. 
Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use.
F. 
Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles and shall be carried away by the vendor.
G. 
Discharge solids or liquids onto any public right-of-way, including the sidewalk, the street or a storm drain.
H. 
Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand.
I. 
Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his or her stand where such terms have not been described by his or her application.
J. 
Solicit or conduct business with persons in motor vehicles.
K. 
Sell anything other than that which he or she is permitted to vend.
L. 
Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the City's noise ordinance, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public.
M. 
Vend without the insurance coverage previously specified.
N. 
Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property in commercial, business park, mixed use, or industrial zones.
O. 
Vend from the exposed street or alley and/or traffic side of the vending cart.
P. 
Operate in a manner that does not maintain a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway.
Q. 
Operate a stationary vending cart in exclusively residential zones.
R. 
Operate a sidewalk vending cart within 500 feet of the outer edge of a certified farmers' market or swap meet during the operating hours of that certified farmers' market or swap meet.
S. 
Operate a sidewalk vending cart within 500 feet of the outer edge of any public sidewalk, street, right-of-way, or other public property approved for a temporary event or festival.
T. 
Operate in violation of any other generally applicable law.
U. 
Display Off-Site Signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, or blinking light, or varying intensity of light or color, are not permitted.
V. 
Evidence of compliance with Health and Safety Code Section 114315(a). Such evidence may include, but is not limited to, written permission from a private business owner for use of the business's toilet and hand washing facility, a printed or electronic map showing the location of a compliant public toilet and hand washing facility, or similar documented evidence of compliance.
W. 
Vending of alcohol, tobacco, drugs or cannabis, firearms, weapons, spray cans, or pornography.
X. 
Obstruction or interference with the free flow of pedestrian or vehicular traffic, including but not limited to access to or from any parking lot, business, public building, or dwelling unit.
Y. 
If a sidewalk vending facility requires more than one person to conduct the sidewalk vending activity, all such persons associated with the sidewalk vending facility shall be within five feet thereof when conducting sidewalk vending activities.
Z. 
Sidewalk vendors shall ensure that all customer queuing, waiting lines, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise always comply with location-related restrictions set forth in this chapter relative to sidewalk vending activities.
AA. 
Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time during the operation of such activities, to inspect the sidewalk vending facility for compliance with the requirements of this chapter, the sidewalk vending business license, Los Angeles County Health Department and to ensure the safe operation thereof.
(Prior code § 36-13)
In addition to those regulations established in Sections 12.40.100 through 12.40.120 it shall be prohibited for any roaming vendor to operate under any of the following conditions:
A. 
Vend between 10:00 p.m. to 7:00 a.m. daily, unless in conjunction with a special event and subject to those operating hours in residential zones pursuant to Section 12.40.110.
B. 
Leave any stand or motor vehicle unattended.
C. 
Store, park, or leave any stand overnight on any public street or sidewalk, or park any motor vehicle other than in a lawful parking place.
D. 
Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use.
E. 
Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles and shall be carried away by vendor.
F. 
Discharge solids or liquids onto any public right-of-way, including a sidewalk, the street or a storm drain.
G. 
Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand or vehicle.
H. 
Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his or her stand where such terms have not been described by his or her application.
I. 
Solicit or conduct business with persons in motor vehicles.
J. 
Sell anything other than that which he or she is permitted to vend.
K. 
Sound or permit the sounding of any device that produces a loud and raucous noise, or any noise in violation of the City's noise ordinance or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public.
L. 
Vend without the insurance coverage previously specified.
M. 
Operate within 50 feet of a fire hydrant or 25 feet of a transit stop.
N. 
Operate within 25 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones.
O. 
Operate within 50 feet of the outer edge of a driveway or vehicular entrance to public or private property in commercial, business park, mixed use, or industrial zones.
P. 
Vend from the exposed street or alley and/or traffic side of the vending cart or vehicle.
Q. 
Vend while parked illegally.
R. 
Vend from any street parking space other than a space parallel to the curb.
S. 
Operate in a manner that does not maintain a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway.
T. 
Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence.
U. 
Operate from any motor vehicle or other motorized conveyance.
V. 
Display Off-Site Signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, blinking light, or varying intensity of light or color, are not permitted.
W. 
Vending of alcohol, tobacco, drugs or cannabis, firearms, weapons, spray cans or pornography.
X. 
Obstruction or interference with the free flow of pedestrian or vehicular traffic, including, but not limited to, access to or from any parking lot, business, public building, or dwelling unit.
Y. 
If a sidewalk vending facility requires more than one person to conduct the sidewalk vending activity, all such persons associated with the sidewalk vending facility shall be within five feet thereof when conducting sidewalk vending activities.
Z. 
Sidewalk vendors shall ensure that all customer queuing, waiting lines, or lines do not block, hinder, or interfere with the free flow of pedestrian or vehicular traffic along, over, or across public property, and otherwise always comply with location-related restrictions set forth in this chapter relative to sidewalk vending activities.
AA. 
Sidewalk vendors shall allow a law enforcement officer, code enforcement officer, health inspector, or other government official charged with enforcing laws related to sidewalk vendor activities, at any time during the operation of such activities, to inspect the sidewalk vending facility for compliance with the requirements of this chapter, the sidewalk vending business license, Los Angeles County Health Department and to ensure the safe operation thereof.
(Prior code § 36-14)
In addition to the operational standards in Sections 12.40.130 and 12.40.140, the following shall also be prohibited for any sidewalk vendor operating in any public park:
A. 
Operate outside the hours of operation of the park.
B. 
Operate more than six feet from the outer edge of any walking or bicycling pathway in the park.
C. 
Operate within 50 feet of any other sidewalk vendor in the park.
D. 
Operate on, or within 100 feet of the outer edge of, any sports field or playground equipment area.
E. 
Utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park in any way as part of the sidewalk vending operation.
F. 
Operate within 25 feet of the outer edge of any bench, table, barbeque pit, covered gathering area, or other publiclyowned structure or amenity in the park.
G. 
Vending in a public park during any scheduled event, whether it is a City event or a private event for which a temporary use permit has been obtained.
H. 
Operate at all in the event the City exercises its right to enter into an agreement with an exclusive concessionaire agreement for one or more park for any applicable period and may rotate such vendors.
(Prior code § 36-15)
A. 
Any business license may be suspended or revoked for any of the following causes:
1. 
Fraud or misrepresentation contained in the application for the business license.
2. 
Failure to provide all information required under Section 12.40.030 of this chapter.
3. 
Fraud or misrepresentation made in the course of carrying on the business of vending.
4. 
Conduct of the permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, or welfare.
5. 
Upon a sidewalk vendor being issued a fourth or subsequent citation for violations of this chapter.
B. 
Notice of the suspension or revocation of a business license shall be given in writing, setting forth specifically the grounds of complaint. Such notice shall be mailed, postage prepaid, to the licensee, at the last known address of the licensee.
C. 
No person whose street vending business license has been revoked pursuant to this chapter shall be issued a street vending business license for a period of two years from the date revocation becomes final.
(Prior code § 36-16)
A. 
In the event that any applicant or licensee desires to appeal from any denial, suspension, revocation, or other ruling made under the provisions of this chapter, such applicant or any other person aggrieved shall have the right to appeal such action within 10 days after the receipt by the applicant or any other person aggrieved, by filing with the Secretary an appeal in writing to the Public Safety Commission from such action. The filing of such appeal within the stated time shall stay the effective date of the decision until such time as the Public Safety Commission has acted on the appeal. The hearing on the appeal by the Public Safety Commission shall be a hearing de novo. In the absence of such appeal, the action to deny, suspend or revoke shall be final.
B. 
Within not to exceed 45 days following receipt of the written appeal, the Public Safety Commission shall conduct a public meeting. The action by the Public Safety Commission on the appeal shall be by a majority vote of the voting members of the Public Safety Commission and shall be final and conclusive.
(Prior code § 36-17)
A. 
A violation of the provisions of this chapter, other than failure to possess a valid business license as required under Section 12.40.030, is punishable only by administrative citations as follows:
1. 
An administrative fine of $100.00 for a first violation.
2. 
An administrative fine of $200.00 for a second violation within one year of the first violation.
3. 
An administrative fine of $500.00 for each additional violation within one year of the first violation.
4. 
Appeal of an administrative citation under Section 12.40.170 shall be in accordance with the appeal procedures in Sections 1.08.090 and 1.08.100 of the Paramount Municipal Code.
B. 
Vending without a business license issued by the City of Paramount is punishable only by administrative citations as follows:
1. 
An administrative fine of $250.00 for a first violation.
2. 
An administrative fine of $500.00 for a second violation within one year of the first violation.
3. 
An administrative fine of $1,000.00 for each additional violation within one year of the first violation.
4. 
Upon proof of a valid business license issued by the City of Paramount, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in subsection A respectively.
5. 
Appeal of an administrative citation under Section 12.40.170 shall be in accordance with the appeal procedures in Sections 1.08.090 and 1.08.100 of the Paramount Municipal Code.
C. 
The proceeds of any administrative fines assessed pursuant to this chapter shall be deposited in the treasury of the City.
D. 
Failure to pay an administrative fine assessed under this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this chapter shall not be assessed.
E. 
Any violation of this chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this chapter shall not be subject to arrest except when otherwise permitted under law.
(Prior code § 36-18)
A. 
At the time of service of an administrative citation pursuant to Section 12.40.180, the City shall provide the vendor with notice of the right to request an ability-to-pay determination and shall provide instructions for how to do so.
B. 
Notwithstanding the time frames set out in Chapter 1.08 of the Paramount Municipal Code regarding administrative citations, any vendor served with a citation under Section 12.40.180 may request an ability-to-pay determination at any time while the citation remains unpaid.
C. 
The City will accept 20% of the administrative fine as full payment when the vendor applying for the ability-to-pay determination meets any of the following criteria as a recipient of public benefits or poverty guidelines:
1. 
Supplemental Security Income (SSI) and State Supplementary Payment (SSP) (Article 5 (commencing with Section 12200) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code).
2. 
California Work Opportunity and Responsibility to Kids Act (CalWORKs) (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code) or a Federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program (Section 10553.25 of the Welfare and Institutions Code).
3. 
Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) of Title 7 of the United States Code) or the California Food Assistance Program (Chapter 10.1 (commencing with Section 18930) of Part 6 of Division 9 of the Welfare and Institutions Code).
4. 
County Relief, General Relief (GR), or General Assistance (GA) (Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code).
5. 
Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI) (Chapter 10.3 (commencing with Section 18937) of Part 6 of Division 9 of the Welfare and Institutions Code).
6. 
In-Home Supportive Services (IHSS) (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code).
7. 
Medi-Cal (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code).
D. 
An applicant whose monthly income is 125% or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of paragraph (2) of Section 9902 of Title 42 of the United States Code.
E. 
The City also may allow the person to complete community service in lieu of paying the fine, may waive the fine in whole or in part, or may offer an alternative settlement and disposition.
(Prior code § 36-19)