For purposes of this chapter the following definitions apply:
"Business license"
means a license issued by the City of Carlsbad pursuant to Carlsbad Municipal Code Chapters
5.04 and
5.08, authorizing an individual to conduct business within city limits.
"City"
means the City of Carlsbad.
"Conveyance"
means any wheeled device used to carry persons or property.
"Food truck"
means a motorized vehicle specifically equipped for the sale
of food or beverages used for vending purposes.
"Ice cream truck"
means a food truck engaged in the curbside vending or sale
of frozen or refrigerated desserts, confections or novelties commonly
known as ice cream, or prepackaged candies, snack foods or soft drinks,
primarily intended for sale to children under 12 years of age.
"Pedestrian path"
means a paved path or walkway owned by the city or other
public entity that is specifically designed for pedestrian travel,
other than a sidewalk.
"Permittee"
means the authorized recipient of a duly issued vending equipment
permit.
"Residential street"
means any street that adjoins one or more single-family or
multifamily residentially zoned parcel(s).
"Sidewalk"
means that portion of a highway, other than the roadway,
set apart by curbs, barriers, markings or other delineation specifically
designed for pedestrian travel and that is owned by the city or other
public entity.
"Sidewalk vendor"
means a person who vends food or merchandise using nonmotorized
vending equipment or from one's person, upon or along a public sidewalk
or other public pedestrian path.
"Vend" or "vending"
means an offer to sell or the sale of goods, merchandise,
food or beverages on a public street, alley, highway, parking lot,
sidewalk, pedestrian path or right-of-way.
"Vending equipment"
means any motorized or non-motorized conveyance used for
sidewalk or food truck vending purposes including, but not limited
to: food trucks, pushcarts, pedal-driven carts, wagons, bicycles or
any other free-standing conveyance.
"Vending equipment permit"
means a written City of Carlsbad approval required prior
to the use of vending equipment for vending purposes.
(Ord. CS-346 § 2, 2019)
All sidewalk vendors and food truck vendors shall obtain and
maintain throughout the duration of any permit issued under this chapter
any insurance required by the city's Risk Manager. All vendors must
provide evidence of any required insurance, including, but not limited
to, commercial general liability insurance, auto insurance and worker's
compensation insurance, in a form and with a coverage amount acceptable
to the city's Risk Manager based on the size and risk factors of the
business. With regard to any commercial general liability insurance
policy, the vendor shall name the city as an additional insured, and
with a coverage amount to be determined by the Risk Manager according
to the size and risk factors of the business. When determining the
size of the business and the risk to customers and the general public,
the Risk Manager's estimates shall be determinative. The insurance
policy required by this section shall not be cancelled, limited or
not renewed without 30 days' prior written notice to the city.
(Ord. CS-346 § 2, 2019)
Subject to the provisions of Title
21 of the Carlsbad Municipal Code, a business located in a commercial zone may erect permanent dining and lounge areas on public sidewalks subject to the discretion of the city. If permitted by the provisions of Title
21, a permanent structure, all or part of which is located on a public street, sidewalk, parking lot or easement, may be used for the sale of goods or merchandise, provided that all appropriate permits required by Titles
6,
11,
18 and
21 have been issued.
(Ord. CS-346 § 2, 2019)
The City Manager or designee may, from time to time, issue temporary
permits providing for the holding of promotional sidewalk sales, subject
to such restrictions as to length of time and other conditions as
the City Manager or designee deems reasonably necessary for the public
health, safety and welfare.
(Ord. CS-346 § 2, 2019)
The City Manager or designee may from time to time issue temporary
permits for street fairs subject to such restrictions as to the length
of time and other conditions as the City Manager or designee deems
reasonably necessary for the public health, safety and welfare.
(Ord. CS-346 § 2, 2019)
Except as otherwise provided, enforcement of this chapter is
at the sole discretion of the persons authorized to enforce this chapter.
Nothing in this chapter shall create a right of action in any person
against the city or its agents for damages or to compel public enforcement
of this chapter against private parties.
(Ord. CS-346 § 2, 2019)
If any subsection, subdivision, clause, sentence, phrase or
portion of this chapter is held unconstitutional, invalid or unenforceable
by any court or tribunal, the remaining subsections, subdivisions,
clauses, sentences, phrases or portions of this ordinance shall remain
in full force and effect.
(Ord. CS-346 § 2, 2019)
The following persons, entities or activities are exempt from
the requirements of this chapter:
A. Any
vendor or person engaged solely in artistic performances, free speech
and/or petitioning activities;
B. Nonprofit
educational institutions, fraternal and service clubs, bona fide religious
organizations and agencies of any federal, state or local governments;
C. Nonprofit
private clubs where a basic membership fee covers the cost of the
use of the facilities;
D. Community
organizations/events not otherwise regulated by the Carlsbad Municipal
Code, upon approval of the City Manager or designee;
E. Businesses
and trades that are exempt from licensing and tax regulations under
federal and state statutes;
F. Any
organization, society, association or corporation desiring to solicit
or have solicited in its name, money, donations of money or property
or financial assistance of any kind or desiring to sell or distribute
any item of literature or merchandise to persons other than members
of such organization upon the streets, in office or business buildings,
by house-to-house canvass or in public places for charitable, religious,
patriotic or philanthropic purpose exclusively.
(Ord. CS-346 § 2, 2019)