The purposes of this chapter are:
A. 
To establish a sidewalk vendor permitting and regulatory program in compliance with Senate Bill 946 (Chapters 459, Statutes 2018), and SB 972, as those statutes may be amended, while protecting the public health, safety, and welfare;
B. 
The regulation of individuals peddling goods, wares, merchandise, food or services on public or private property whether by foot, motorized or nonmotorized vehicles;
C. 
To protect the public health, safety and welfare against unlawful activities or operations by individuals falsely representing themselves as peddlers or sidewalk vendors;
D. 
To protect the public health, safety and welfare by regulating negative land use, public safety, and traffic impacts. These negative impacts include, but are not limited to:
1. 
An increase in the amount of litter present and visible on both public and private property in the City,
2. 
Disturbing landscaping in front, side and backyard setbacks when peddlers walk across private property,
3. 
An increased risk of vehicle accidents and personal injury when peddling from motorized vehicles,
4. 
Invasion of personal privacy when motorized vehicles remain parked for long periods of time in front of a person’s home or business,
5. 
Disruption of the peaceful repose of residents when catering trucks or other motorized or nonmotorized vehicles emit sounds to gain the attention of potential customers,
6. 
An increased risk of personal injury when carrying products through a neighborhood and exposing such items to the public for sale,
7. 
An increased risk that the food items or products being offered for sale in the City are not handled, prepared or stored in sanitary conditions,
8. 
Interference with the performance of police, fire, or other emergency services, and
9. 
Interference with the flow of pedestrian or vehicular traffic including ingress to, and egress from, any residence, public building, place of business, from the street to public sidewalk, or persons exiting or entering parked or standing vehicles;
E. 
To balance the rights and interests of those engaged in commercial and nonprofit activities with the rights and interests of those who do not want to be disturbed by such activities on private and public property;
F. 
The purpose and intent of this chapter is to regulate the sale of goods, merchandise, wares, food, and non-food items within the City by peddlers and sidewalk vendors;
G. 
To mitigate hazards posed by commercial signs to pedestrians and motorists, and to preserve community aesthetics and appearance;
H. 
The City Council finds that the unique conditions of the City of Desert Hot Springs require certain restrictions on sidewalk vending, as defined in this chapter, as follows:
1. 
The corridor on Palm Drive between Pierson Boulevard and Camino Aventura is a major thoroughfare within the City of Desert Hot Springs that since 2007, has had 12 fatal traffic collisions. This corridor is subject to unique conditions such as increased speed, fewer traffic control devices and bus stops placed in areas not located near a marked crosswalk. The City Council has since established a safety enhancement zone along this corridor pursuant to Chapter 12.28 of the Desert Hot Springs Municipal Code. The effect of this safety enhancement zone designation, among other things, is to double fines for traffic violations. Restrictions on sidewalk vending along this corridor are necessary to protect the public from injury due to the unique circumstances of this corridor,
2. 
Since 2003, the City of Desert Hot Springs has experienced an increase in traffic collisions, involving vehicle vs. vehicle, vehicle vs. bicyclist and vehicle vs. pedestrian. Between years 2003-2012, there were 18 bicycle collisions and 52 pedestrian collisions that occurred in the City. In 2016, there were seven fatal traffic collisions and in 2017 there were eight fatal traffic collisions. Restrictions on sidewalk vending throughout the City of Desert Hot Springs are necessary to protect the public health and safety from traffic collisions,
3. 
Many of the City’s parks provide recreational opportunities and restrictions on sidewalk vending are necessary to protect the natural resources, recreational opportunities, as well as scenic and natural character of these parks. Restrictions on sidewalk vending at public parks are necessary to protect the health, safety and welfare of those persons engaged in recreational activities, the natural character of parks, and the natural resources of parks.
(Prior code § 120.01; Ord. 682 3-5-19; Ord. 694 10-15-19; Ord. 803, 6/4/2024)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Auxiliary conveyance"
means a supplementary handwashing and/or warewashing sink(s) used in conjunction with a compact mobile food operation at a site-specific location.
"Captive audience"
means one or more purposefully stationary persons, such as persons in lines or seated in public areas.
"City"
means the City of Desert Hot Springs.
"Commissary"
means a food facility or other approved location that services mobile food facilities, mobile support units, or vending machines where any of the following occur:
1. 
Food, containers, or supplies are stored.
2. 
Food is prepared or prepackaged for sale or service at other locations.
3. 
Utensils are cleaned or stored.
4. 
Liquid and solid wastes are disposed, or potable water is obtained.
"Community event"
means an event conducted for not more than 25 consecutive or nonconsecutive days in a 90-day period and that is of civic, political, public or educational in nature, including State and County fairs, City festivals, circuses and other public gatherings events approved by the local enforcement agency.
"Compact mobile food operation (CMFO)"
means a mobile food facility that operates from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. CMFO is a type of sidewalk vendor.
"Engaging in the business"
means and includes conducting, managing or carrying on of any such business or helping therewith, by any person in any capacity.
"Food Preparation."
As defined in Health and Safety Code Section 113791, as now adopted or hereafter amended.
"Food vendor"
means a person or entity who: vends, including an employee or agent of a vendor.
1. 
Conduct or permits or causes the operation of mobile food vending trucks;
2. 
Owns, operators, controls, manages, or leases, mobile food vending vehicles; or
3. 
Contracts with persons to drive and vend from mobile food vending vehicles.
"Food" and "food products"
means any liquid or edible product designed for human consumption, including, but not limited to, fruits, vegetables, meats, candy, ice cream and other milk products, soda pop, juice, beverages and any other prepared or unprepared edible item.
"Limited Food Preparation."
As defined in Health and Safety Code section 113818, as now adopted or hereafter amended.
"Motorized vehicle"
shall include, but is not limited to, any motor vehicle, truck, car, trailer, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, towed by a motor vehicle, motorcycle or other mobile device.
"Peddle" and "peddling"
mean traveling by motorized vehicle, or any other type of conveyance from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting food products, goods, wares, merchandise, or food and offering, intending to sell, displaying or soliciting the same for sale.
"Peddler"
means any person, traveling by motorized vehicle or any other type of conveyance from place-to-place, house-to-house, carrying, conveying or transporting goods, wares, merchandise, and concurrently offering, intending, displaying or soliciting the same for sale. "Peddler" includes any person, who travels from place-to-place, selling or offering for sale any goods, wares, merchandise or food solely from a motorized vehicle. "Peddler" does not include "sidewalk vendor," "roaming vendor," or "stationary sidewalk vendor" as defined by this chapter.
"Permittee"
means a person issued a permit pursuant to this chapter.
"Person"
means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor; or other similar representative thereof.
"Public sidewalk," "public street" and "public right-of-way"
mean all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks, public ways and public rights-of-way.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Sidewalk vending" and "sidewalk vend(s)"
means any action that qualifies a person as a sidewalk vendor.
"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. "Sidewalk vendor" includes "roaming sidewalk vendor," and "stationary sidewalk vendor."
"Special event"
means an event or activity that is held or conducted pursuant to a special event permit approved by the City per the City's Special Event Application Review Process as adopted by resolution of the City Council or a temporary use permit approved pursuant to Chapter 17.136 Temporary Use Permits.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Temporary food facility"
means an approved food facility that may be readily disassembled for storage or for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event or special event and only as to that community or special event.
(Prior code § 120.02; Ord. 682 3-5-19; Ord. 803, 6/4/2024)
A. 
No person shall engage in sidewalk vending within the City without first obtaining a permit from the City Manager or designee pursuant to this chapter.
B. 
Sidewalk Vendor Permit. To obtain or to renew a sidewalk vendor permit, a sidewalk vendor must provide to the City a written application, on a form provided by the City, which shall contain the following information:
1. 
The name, current address, and telephone number of the person applying to become a sidewalk vendor;
2. 
Day(s) and hours of operation;
3. 
Location(s) of operation within the City;
4. 
Description of the food or merchandise offered for sale or exchange;
5. 
A photograph of the vending setup or vending cart;
6. 
Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;
7. 
If the sidewalk vendor conducts food preparation, information on the permitted commissary where food will be stored;
8. 
If preparing or selling food, a copy of the County Health Department permit issued to the vendor, except when the sidewalk vendor consists solely of 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncut produce will be sold. If potentially hazardous food or processed produce will be sold or the food or the display area is greater than 25 square feet, the vendor must provide a copy of the County Health Department permit issued to the vendor;
9. 
If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal and any owners of the company, partnership, or corporation;
10. 
A copy of the valid California Driver's license issued to the vendor, a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. 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 permit or licensure program or comply with a State law or State or Federal court order;
11. 
A copy of a valid California Department of Tax and Fee Administration seller's permit, as required by law;
12. 
An acknowledgment that the sidewalk vendor shall comply with all generally applicable State, Federal, and local laws;
13. 
Certification that the information contained in the application is true to his or her knowledge and belief;
14. 
A statement whether or not the applicant, employee or agent has been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within five years;
15. 
Any other information deemed relevant by the City Manager or designee.
C. 
A sidewalk vendor permit is non-transferrable. Any change in ownership or operation of a sidewalk vendor requires a new permit under this chapter. All sidewalk vendor permits issued under this chapter shall expire 12 months from the date of issuance.
D. 
The City Manager or designee shall issue or deny a permit within 30 days of receipt of a completed application.
E. 
A permit may be denied by the City Manager or designee on any of the following grounds:
1. 
The applicant, employee or agent has been convicted of a felony or misdemeanor involving bodily injury to persons, theft, fraud or misrepresentation within five years preceding the application date;
2. 
The applicant has made a materially fraudulent, misleading or false statement of fact to the City;
3. 
The applicant has violated any provision of this chapter; or
4. 
The applicant's permit has been previously revoked as provided in this chapter.
F. 
The City Manager or designee shall notify the applicant of any denial by depositing written notice of such decision in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than 10 days following the date of such decision. A notice of denial of an application must contain a statement of the facts upon which the denial is based and must contain a statement of the appeal procedure contained in Section 5.28.100.
(Prior code § 120.03; Ord. 682 3-5-19; Ord. 803, 6/4/2024)
Except as otherwise provided in Section 5.28.060, it is unlawful for any person to engage in the business of peddling or to go from door-to-door, or house-to-house or street-to-street or place-to-place for the purpose, direct or indirect, and whether or not the same is the sole purpose, of peddling, without first obtaining a permit and paying the applicable fees as provided in this chapter.
(Prior code § 120.04; Ord. 682 3-5-19)
The following persons and entities shall not be required to obtain the permit required by Section 5.28.040:
A. 
Persons soliciting orders from, or selling to, retail dealers for use, or for resale or to manufacturers for processing at a fixed place of business in the City, or elsewhere, and which merchandise has been ordered to be so delivered, prior to such delivery;
B. 
Persons with a valid permit issued pursuant to this chapter and operating pursuant to the terms of this chapter.
(Prior code § 120.05; Ord. 682 3-5-19)
A. 
The City's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling peddler permits. The City's designee shall be the City Manager, or any other officer or employee designated in writing by the City Manager to deal with and enforce the provisions of this chapter. An application for a permit must be made on a form provided by the City.
B. 
The completed application shall contain the following information and shall be accompanied by the following documents:
1. 
Name, birth date, driver's license or other identification number, social security number, and physical description of the applicant;
2. 
Permanent home address and telephone number, and local address and telephone number of the applicant;
3. 
The name and address for the applicant's business, his or her interest in or relationship with such business, and if the applicant is employed, the name and address of his or her employer together with description of the exact relationship between the applicant and such employer;
4. 
A brief description of the nature of the applicant's business and of the product or service to be peddled;
5. 
A fixed length of time for which the permit to peddle is desired;
6. 
A statement whether or not the applicant, employee or agent has been convicted of any felony or of any misdemeanor involving injury to person(s) or property, theft, fraud, or misrepresentation within five years;
7. 
A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities authorized by the permit;
8. 
A statement whether or not the applicant has suffered revocation or suspension of any permit required by the City of Desert Hot Springs;
9. 
A statement whether or not the applicant has failed to pay any business license fee or tax imposed by the City of Desert Hot Springs;
10. 
A picture (of passport quality) of the applicant and any agent, employee or representative, who will engage in soliciting or peddling activities, for inclusion on the identification card;
11. 
The vehicle identification number, license plate number and proof of current registration for the motorized vehicle, if any, which will be used for peddling in the City;
12. 
A copy of or evidence of automobile insurance required under State law for operating the motorized vehicle, if any, which is identified in the permit application form;
13. 
Other information the City Manager or designee deems necessary to process the application.
(Prior code § 120.06; Ord. 682 3-5-19; Ord. 803, 6/4/2024)
A. 
Display. Every applicant shall be issued a permit to be carried on person and exhibited on request by any person to persons they deal with and shall at all times carry the permit issued hereunder and exhibit it on request to any police officer or City official.
B. 
Transfer Prohibited. It is unlawful for any person other than permittee to use or wear any permit issued under the provisions of this chapter.
C. 
Hours of Operation. It is unlawful for any person to conduct any activities regulated under the provisions of this chapter between 8:00 p.m. and 8:00 a.m.
D. 
Manner of Peddling.
1. 
No peddler shall peddle goods, merchandise, or wares by sitting, standing or walking on a public sidewalk or street or upon a median or grassy embankment within a public sidewalk, public street or public right-of-way, and in no case shall a peddler stand or park any motorized vehicle for the purposes of peddling or selling from such vehicle on any privately-owned property. This does not include sitting or standing in a motorized vehicle which is lawfully parked on a public street and from which the peddler has a permit.
2. 
No peddler shall stand or park any motorized vehicle for more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the peddler has stopped to peddle within the previous two hours.
3. 
No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic by creating conditions that impede the flow of vehicular or pedestrian traffic or create conditions of imminent harm to vehicular or pedestrian traffic or other vehicles and pedestrians.
4. 
No peddler shall persistently peddle any goods, merchandise, or wares to any member of the public after such member of the public expresses his or her desire not to purchase anything from the peddler.
5. 
No peddler shall intentionally or deliberately obstruct the free movement of any person on any public sidewalk, public street, public right-of-way or in any public place.
6. 
No peddler shall peddle any items to a captive audience.
7. 
No peddler shall threaten any injury or damage to any person who declines to purchase any items being peddled, if such threat, whether by word or gesture, would make a reasonable person fearful.
8. 
No peddler shall peddle or attempt to peddle to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this section shall be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.
9. 
No peddler shall park or stand the motorized vehicle in violation of any conditions included in the permit issued pursuant to this chapter.
10. 
No peddler shall peddle from any motorized vehicle which has not been identified in the application.
11. 
No peddler shall stop, stand, or park any motorized vehicle in violation of any provision of the California Vehicle Code or the City of Desert Hot Springs Municipal Code.
12. 
peddler shall peddle any goods from any motorized vehicle which does not have insurance as required under State law for operating the motorized vehicle.
E. 
Activities Creating Nuisance. No peddler, in the course of activities regulated in this chapter, shall create any public nuisance, cause a noise disturbance as defined in Chapter 8.12 of this Code, or any other actions constituting a public nuisance.
F. 
Compliance with Law. This chapter may not be the sole source of regulation of the activities permitted under this chapter. Permittees shall comply with all State and Federal laws and all local ordinances.
(Prior code § 120.07; Ord. 682 3-5-19; Ord. 757 6-7-22; Ord. 803, 6/4/2024)
All applications for permits under the provisions of this chapter shall be accompanied by an application fee established by resolution of the City Council. No application fee paid under this chapter shall be refunded. All original permits and renewals granted under this chapter shall also require a fee. All permits issued under the provisions of this chapter shall be valid for one year. A permit may be renewed by the timely payment of a renewal fee prior to the expiration of the permit. All permits shall cease and terminate 30 days after the default of payment. Any permit that has terminated pursuant to this chapter shall require the filing of a new application for a permit under this chapter.
(Prior code § 120.08; Ord. 682 3-5-19; Ord. 803, 6/4/2024)
A. 
Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City.
B. 
Stationary sidewalk vendors may operate in nonresidential zones of the City, provided they meet the following:
1. 
The sidewalk vendor's activities, materials, or customers do not obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:
2. 
Sidewalk vending shall be conducted only between the hours of one-half hour before sunrise and 3:00 am every day.
3. 
The sidewalk vendor at all times maintains a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
4. 
The sidewalk vendor maintains all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.
5. 
A sidewalk vendor's display, cart, signage, merchandise, or set-up shall not be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts.
6. 
The sidewalk vendor may not operate within 50 feet of any school crossings.
7. 
The sidewalk vendor may not operate within 30 feet of the Desert Hot Springs Senior Center.
8. 
The sidewalk vendor may not operate within 30 feet of any crosswalk.
9. 
Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas.
10. 
The sidewalk vendor may not operate on or along the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
11. 
The sidewalk vendor may not operate on or along Palm Drive between Park Lane and Paul Road.
12. 
The sidewalk vendor may not operate on or along any street where the speed limit is posted at 55 miles per hour or above.
13. 
The sidewalk vendor may not operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
14. 
The sidewalk vendor may not operate within 200 feet of any other sidewalk vendor.
15. 
The sidewalk vendor may not operate within 25 feet of a litter receptacle, bike rack, or restroom.
16. 
The sidewalk vendor may not operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.
17. 
The sidewalk vendor may not operate within three feet of a red curb.
18. 
The sidewalk vendor may not operate within 25 feet of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter.
19. 
The sidewalk vendor may not operate within 200 feet of a police station or fire station.
20. 
The sidewalk vendor may not operate within 200 feet of any City building or facility.
21. 
The sidewalk vendor may not operate within one foot from the curb.
22. 
The sidewalk vendor may not operate within 10 feet of a driveway or driveway approach.
(Ord. 682 3-5-19; Ord. 694 10-15-19; Ord. 734 5-4-21; Ord. 737 5-18-21; Ord. 803, 6/4/2024)
A. 
Roaming Sidewalk vendors may operate in residential and nonresidential zones of the City, provided they meet the following:
1. 
Sidewalk vending hours for residential zones shall be conducted between the hours of one-half hour before sunrise and one-half hour after sunset.
2. 
Sidewalk vending hours for nonresidential zones shall be conducted only between the hours of one-half hour before sunrise and 3:00 am every day.
3. 
The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition, including upon departure of the vending area after its use.
4. 
No roaming sidewalk vendor shall be at any one location for a period exceeding 10 minutes at the request of a bona fide purchaser or exceeding the duration required to complete a sale.
5. 
No vending shall occur within 10 feet of any entrance, or exit of any building, or any driveway, parking space, or building window.
6. 
Vendors utilizing sound amplifying devices or musical instruments shall be subject to the requirements of Title 8, Chapter 8.12 Noise Control.
7. 
No sidewalk vending shall occur 200 feet from a community event, special event, or temporary event held pursuant to a permit.
8. 
The sidewalk vendor's activities, materials, or customers do not obstruct the free movement of any person on any public right-of-way or other public place, or any place open to the public generally. Additional restrictions include the following:
a. 
The sidewalk vendor at all times maintains a clearance of not less than 36 inches on all sidewalks so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
b. 
The sidewalk vendor maintains all food and merchandise stored either inside or affixed to the vending cart or carried by the sidewalk vendor at all times.
c. 
A sidewalk vendor's display, cart, signage, merchandise, or set-up shall not be affixed at any time to any building or structure, including, but not limited to, poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way.
d. 
The sidewalk vendor may not operate within 50 feet of any school crossings.
e. 
The sidewalk vendor may not operate within 30 feet of the Desert Hot Springs Senior Center.
f. 
The sidewalk vendor may not operate within 30 feet of any crosswalk.
g. 
Sidewalk vendors are prohibited from operating on any private property whatsoever in any zone within the City. This includes, but is not limited to, private parking lots and landscaped areas.
h. 
The sidewalk vendor may not operate on or along the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
i. 
The sidewalk vendor may not operate on or along Palm Drive between Park Lane and Paul Road.
j. 
The sidewalk vendor may not operate on or along any street where the speed limit is posted at 55 miles per hour or above.
k. 
The sidewalk vendor may not operate within one block in any direction of any signalized intersection of the Palm Drive corridor between Pierson Boulevard and Camino Aventura.
l. 
The sidewalk vendor may not operate within 200 feet of any other sidewalk vendor.
m. 
The sidewalk vendor may not operate within 25 feet of a litter receptacle, bike rack, or restroom.
n. 
The sidewalk vendor may not operate within 15 feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller.
o. 
The sidewalk vendor may not operate within three feet of a red curb.
p. 
The sidewalk vendor may not operate within 25 feet of a bus stop, trolley stop, taxi stand, bus bench, or bus shelter.
q. 
The sidewalk vendor may not operate within 200 feet of a police station or fire station.
r. 
The sidewalk vendor may not operate within 200 feet of any City building or facility.
s. 
The sidewalk vendor may not operate within one foot from the curb.
t. 
The sidewalk vendor may not operate within 10 feet of a driveway or driveway approach.
(Ord. 803, 6/4/2024)
A. 
Peddler permits issued under the provisions of this chapter may be revoked by the City Manager or designee at any time for any of the following causes:
1. 
Subsequent determination of facts or subsequent occurrences that would have required a denial of the permit at the time of the application pursuant to Section 5.28.060;
2. 
The applicant engages in fraud, misrepresentation or false statement in the course of engaging in the business of peddler;
3. 
Any violation of the provisions of this chapter;
4. 
Conviction of any felony or misdemeanor involving injury to person(s) or property, theft, fraud or misrepresentation;
5. 
The permittee engages in business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety or general welfare of the public, or to constitute public nuisance pursuant to City of Desert Hot Springs Municipal Code or the State law.
B. 
The City Manager or designee shall notify the permit holder of a revocation of a peddler permit by depositing written notice of such revocation in the first-class U.S. mail, postage prepaid, addressed to the applicant, not later than three calendar days following the decision to revoke the permit. The notice of revocation must contain a statement of the facts upon which the revocation is based and must contain a statement of the appeal procedure set forth in Section 5.28.100.
(Prior code § 120.09; Ord. 682 3-5-19)
A. 
Decisions of the City Manager or designee to revoke or deny a permit shall be appealed in the following manner:
1. 
Appeals shall be filed within 15 calendar days of service of the City Manager or designee’s notice of the decision.
2. 
Appeals of decisions shall be made in writing on forms provided by the City.
3. 
Decisions that are appealed shall not become effective until the appeal is resolved.
4. 
All appeals of decisions shall be conducted pursuant to applicable sections of Chapter 4.36 of the Desert Hot Springs Municipal Code, or any successor section.
5. 
The decision of the Hearing Officer shall be final.
B. 
Administrative citations shall be appealed in the following manner:
1. 
Any recipient of an administrative citation may request an ability-to-pay determination, contest that there was a violation of the Desert Hot Springs Code, and/or that he or she is the responsible person, by completing a request for hearing in a form provided by the City. Any person requesting a hearing and ability-to-pay determination may file the request within the time frames set forth in Government Code Section 51039(f)(1), or any successor section.
2. 
All appeals of administrative citations shall be heard by a Hearing Officer designated pursuant to Section 4.24.250 of the Desert Hot Springs Municipal Code, or any successor section.
3. 
All appeals of decisions shall be conducted in accordance with Sections 4.24.270 through 4.24.380 of the Desert Hot Springs Municipal Code, or any successor sections.
4. 
The Hearing Officer shall have the powers set forth in Sections 4.24.250 and 4.24.260 of the Desert Hot Springs Municipal Code, or any successsor section, and the Hearing Officer shall have the following additional powers:
a. 
Reduce the fine based upon the person’s ability to pay the fine;
b. 
If the Hearing Officer finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the Hearing Officer shall order the City to accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this chapter;
c. 
The Hearing Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
5. 
The decision of the Hearing Officer shall be final.
(Prior code § 120.10; Ord. 682 3-5-19; Ord. 695 10-15-19)
A. 
A violation related to sidewalk vending will be subject to the applicable penalties under Section 51039 of the Government Code and Section 5.28.085 of the Desert Hot Springs Municipal Code as they may be amended from time to time. For all other violations of this chapter, any first violation shall be an infraction. Any subsequent violation shall be a misdemeanor.
B. 
Public Nuisance. Any violation of this chapter, other than pertaining to sidewalk vending, shall be and is hereby declared to be unlawful and a public nuisance. Violations may be prosecuted civilly or criminally and are subject to all applicable penalties of the Desert Hot Springs Municipal Code, in addition to any other applicable penalties or remedies prescribed by law.
(Prior code § 120.12; Ord. 682 3-5-19)
Any person who violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.
(Prior code § 120.13; Ord. 682 3-5-19)