The purpose of this chapter is to establish a sidewalk vendor
permitting and regulatory program. The provisions of this chapter
allow the city to encourage small business activities by removing
total prohibitions on portable food stands while still permitting
regulation and enforcement of sidewalk vending activities to protect
the public's health, safety, and welfare.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
For purposes of this chapter, the following definitions apply:
means any pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance, and includes a stationary
cart or a mobile cart as defined in this section.
means a location operated in accordance with Chapter 10.5
(commencing with Section 47000) of Division 17 of the Food and Agricultural
Code and any regulations adopted pursuant to that chapter, or any
successor chapter.
means the city of Manteca.
means the city manager or their designee.
means any sworn peace officer, city code enforcement officer,
or city employee or agent with the authority to enforce any provision
of this code.
means any item provided in Health and Safety Code Section
113781, or any successor section.
means any item that is not food and does not include services.
means a public health permit issued from the county of San
Joaquin department of environmental health for sale of food defined
in this section.
means any person appointed by the city attorney to preside
over administrative hearings.
means any device used to create heat for food preparation.
means a pushcart, pedal-driven cart, wagon, or other nonmotorized
conveyance used by a roaming sidewalk vendor as defined in this section.
means the portion of a public street which is not improved
for actual street, curb, gutter, or sidewalk use, and which is available
for planting, landscaping, and maintaining street trees.
means a paved path or walkway owned by the city or other
public entity that is specifically designed for pedestrian or bicycle
travel, other than a sidewalk.
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.
means all property owned or controlled by the city, including,
but not limited to, buildings, alleys, parks, pathways, roadways,
streets, parking lots, sidewalks, parkways, biking, walking paths,
or other public rights-of-way.
shall have the same meaning as defined in Government Code
Section 51036, or any successor section.
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.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack equipment, buckets, supplies or other non-motorized
conveyance used for sidewalk vending activities.
means a person who sells or distributes or the action of
selling or distributing food or merchandise from a pushcart, stand,
equipment, 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."
means a permit related to the use of a cart that is issued
by the city in accordance with this chapter.
means a pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance, that is intended
to be operated from a fixed location by a stationary sidewalk vendor
instead of being moved from place to place, where stops are limited
to completing a transaction.
means a sidewalk vendor who vends from a fixed location.
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 chapter,
or any successor chapter.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
No
person, either for themselves or any other person, shall engage in
any sidewalk vendor activities within the city without first applying
for and receiving a permit from the city police department under this
chapter.
B.
A written
application for a sidewalk vendor permit shall be filed with the city
police department, on a form provided by the city, and shall contain
the following information:
1.
The
name, address, and telephone number of the person applying to become
a sidewalk vendor, a copy of a valid driver's license or identification
card issued by the state of California; and
2.
If
the sidewalk vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal; and
3.
The
name, address, and telephone number of the person who will be in charge
of any roaming sidewalk vendors, sidewalk vending activity and/or
be responsible for the person(s) working at the sidewalk vending receptacle;
and
4.
The
name, address, and telephone number of all persons that will be employed
as roaming sidewalk vendors or at a sidewalk vending receptacle; and
5.
The
location(s) in the city where the sidewalk vendor intends to operate;
and
6.
The
day(s) and hours of operation the sidewalk vendor intends to operate
at such location(s); and
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
and, if stationary, a map with the location designated; and
8.
The
dimensions of the sidewalk vendor's sidewalk vending receptacle; and
9.
Whether
the sidewalk vendor will be selling or distributing food, merchandise,
or both; and
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 receptacle for food preparation, and the type of heating element,
if any; and
11.
If the vendor is selling merchandise, a description of the merchandise
to be sold; and
12.
A copy of a valid San Joaquin County department of environmental
health permit required for any sidewalk vendors selling food, or proof
of applicable exemption; and
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 permit; and
14.
A certification that, to their knowledge and belief, the information
contained within the application is true; and
15.
An agreement by the sidewalk vendor to defend, indemnify, release
and hold harmless the city, its city council, boards, 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 permittee, city, and/or the
parties initiating or bringing such proceeding; and
16.
Proof of comprehensive liability insurance in an amount not less
than one million dollars. Such insurance shall: (a) name as additional
insured the city of Manteca, its employees, agents, officials, and
volunteers, and (b) shall contain a waiver of subrogation against
city of Manteca, its employees, agents, officials, and volunteers,
and (c) shall further provide that the policy shall not terminate
or be cancelled without thirty days' advance written notice to the
city of Manteca; and
17.
An acknowledgement that the sidewalk vendor will obtain and maintain
throughout the duration of any permit issued under this chapter any
insurance required by the city; and
18.
An acknowledgement that use of public property is at the sidewalk
vendor's own risk, the city does not take any steps to ensure public
property is safe or conducive to the sidewalk vending activities;
and
19.
An acknowledgment that the sidewalk vendor will comply with all other
generally applicable local, state, and federal laws; and
20.
If the sidewalk vendor has operated in the city in the past, proof
of prior sales tax payments made to the State and allocated to the
city; and
21.
Written permission from a private property owner if a sidewalk vendor
is going to vend on private property, which includes any encroachment
onto private property; and
22.
Any other relevant information required by the chief of police or
his or her designee.
C.
Each
application for a sidewalk vendor permit shall be accompanied by a
nonrefundable application fee of one hundred dollars, which shall
cover the cost of the city to review and process the application.
The application fee may be adjusted by resolution of the city council.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
The
application and permit are only applicable to the individual(s) named
on the application.
B.
A sidewalk
vendor permit shall only permit the operation of one sidewalk vending
receptacle at any one time.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
The
chief of police or his or her designee may issue a sidewalk vending
permit, with appropriate conditions, including, but not limited to,
a review and approval of the city engineer or the recreation department
(if necessary), and as provided for herein, if they find based on
all of the relevant information that:
1.
The
conduct of the sidewalk vendor will not unduly interfere with traffic
or pedestrian movement, or tend to interfere with or endanger the
public peace or rights of nearby residents to the quiet and peaceable
enjoyment of their property, or otherwise be detrimental to the public
peace, health, safety, or general welfare; and
2.
The
conduct of the sidewalk vendor will not unduly interfere with the
ingress or egress of commercial properties nor create an unsafe condition
for adjacent businesses; and
3.
The
conduct of the sidewalk vendor will not unduly interfere with normal
governmental or city operations, threaten to result in damage or detriment
to public property, or result in the city incurring costs or expenditures
in either money or personnel not reimbursed in advance by the vendor;
and
4.
The
conduct of such sidewalk vending activity will not constitute a fire
hazard, and all proper safety precautions will be taken; and
5.
The
conduct of such sidewalk vending activity will not require the diversion
of police officers to properly police the area of such activity as
to interfere with normal police protection for other areas of the
city; and
6.
The
sidewalk vendor has paid all previous administrative fines and completed
any other alternative disposition associated in any way with a previous
violation of this chapter or any other city regulation governing sidewalk
vending; and
7.
The
sidewalk vendor has not had a permit revoked within the past twelve
months; and
8.
The
sidewalk vendor's application contains all required information; and
9.
The
sidewalk vendor has not made a materially false, misleading, or fraudulent
statement of fact to the city in the application process; and
10.
The sidewalk vendor has satisfied all the requirements of this chapter;
and
11.
The sidewalk vendor has paid all applicable fees as set by this chapter
and/or city council resolution; and
12.
The sidewalk vendor's sidewalk vending receptacle and proposed activities
conform to the requirements of this chapter; and
13.
The sidewalk vendor has adequate insurance, as determined by the
city, to protect the city from liability associated with the sidewalk
vendor's activities. If approved, all insurance policies required
for issuance of a sidewalk vendor permit, except workers' compensation,
shall: (a) name as additional insured the city of Manteca, its employees,
agents, officials, and volunteers, and (b) shall contain a waiver
of subrogation against city of Manteca, its employees, agents, officials,
and volunteers, and (c) shall further provide that the policy shall
not terminate or be cancelled without thirty days' advance written
notice to the city of Manteca. The sidewalk vendor shall provide a
copy of a certificate of insurance with required endorsements providing
this coverage; and
14.
The sidewalk vendor has satisfactorily provided all information requested
by the chief of police or her or his designee, to consider the vendor's
application.
B.
A sidewalk
vendor permit is nontransferable. Any change in ownership or operation
of a sidewalk vendor or sidewalk vending receptacle requires a new
permit under this chapter.
C.
All
permits issued under this chapter shall last for a period of twelve
months, beginning on July 1, and expiring the following year on June
30. A sidewalk vendor permit may be renewed for the next twelve-month
period, provided that all applicable requirements are met and the
permit is not currently suspended or has not been revoked within the
preceding twelve months. The fee for renewal shall be the same as
the application fee for a new sidewalk vendor permit.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
Permit
application review and approval by the recreation department is required
for sidewalk vendors who wish to operate in a city park or other facility
within the jurisdiction of the recreation department.
B.
No
person may vend in a city park or other facility within the jurisdiction
of the recreation department without first obtaining approval from
the recreation department.
C.
The
director of the recreation department, or their designee, may refuse
to approve sidewalk vending:
1.
If
granting the parks vending permit would negatively impact objective
health, safety, or welfare concerns; or
2.
If
denial is necessary to ensure the public's use and enjoyment of natural
resources or recreational opportunities; or
3.
If
denial of the permit is necessary to prevent an undue concentration
of commercial activity that unreasonably interferes with the scenic
and natural character of the park; or
4.
If
the location of the proposed vending operations has already been approved
for another use (including potentially other vending operations) at
the time the applicant proposes to vend at the subject location; or
5.
If
the vending operations are illegal, or the city's approval of the
permit would be contrary to legal requirements imposed on the city.
D.
If
the permit is denied, written notice of such denial and the reasons
therefor shall be provided to the applicant.
E.
The
director of the recreation department, or their designee, may attach
conditions to a sidewalk vendor permit. All conditions must be: (1)
directly related to objective health, safety, or welfare concerns,
or directly related to legal requirements imposed on the city; or
(2) necessary to ensure the public's use and enjoyment of natural
resources and recreational opportunities; or (3) necessary to prevent
an undue concentration of commercial activity that unreasonably interferes
with the scenic and natural character of the park.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
All sidewalk vendors are subject to the following operating
conditions when conducting sidewalk vending activities:
A.
Except
as otherwise authorized under this chapter, sidewalk vending shall
only take place between the hours of eight a.m. and six p.m. However,
sidewalk vending in nonresidential areas may operate in a manner consistent
with other businesses or uses on the same street(s) in those nonresidential
areas. The hours and permissions for city property and/or city events
shall be established by the city manager or her or his designee subject
to the authority detailed in Government Code Section 51038, subdivision
(b).
B.
Only
roaming sidewalk vendors may operate in residential areas.
C.
Any sidewalk vendor under the age of eighteen years must be accompanied by an adult who possesses a valid sidewalk vendor permit in accordance with Section 12.24.020 of this chapter.
D.
All
food and merchandise shall be stored either inside or affixed to the
sidewalk vendor receptacle or carried by the sidewalk vendor. Food
and merchandise shall not be stored, placed, or kept on any public
property. If affixed to the sidewalk vendor receptacle, the overall
space taken up by the sidewalk vendor receptacle shall not exceed
the size requirements provided in this section.
E.
Sidewalk
vendors must clearly display the following on their sidewalk vending
receptacle: (1) sidewalk vendor permit; (2) city business license;
and (3) if applicable, health permit. These permits and license must
be affixed to and conspicuously displayed at all times on the sidewalk
vending receptacle. If the sidewalk vending receptacle does not reasonably
accommodate display of these permits and license, such items must
be affixed to and displayed on sidewalk vendor's person.
F.
All
employees staffing a sidewalk vendor receptacle or working as roaming
sidewalk vendors shall carry a copy of the sidewalk vendor permit
on their person.
G.
Sidewalk
vendors shall not leave their sidewalk vending receptacle unattended
to solicit business for their sidewalk vending activities.
H.
Sidewalk
vendors shall not call out, yell, ring bells or other devices to attract
the attention of potential customers.
I.
Sidewalk
vendors are not allowed to provide on-site dining, nor provide, allow,
or encourage others to provide or utilize tables, chairs, tents, umbrellas,
or similar items on public property.
J.
All
signage and advertising related in any way to the sidewalk vendor
shall be attached to the sidewalk vending receptacle, if any, or the
sidewalk vendor's person.
K.
Sidewalk
vendors shall not use any electrical, flashing, wind powered, or animated
sign.
L.
Sidewalk
vending receptacles shall not be stored on public property and shall
be removed from public property when not in active use by a sidewalk
vendor.
M.
All
sidewalk vendors shall allow any enforcement officer to inspect their
sidewalk vending receptacle at any time for compliance with any requirements
of this chapter and to ensure the safe operation of any heating elements
used to prepare food.
N.
Sidewalk
vending receptacles and any attachments thereto shall not exceed a
total height of six feet, a total width of six feet, and a total depth
of four feet.
O.
No
sidewalk vending receptacle shall contain or use propane, natural
gas, batteries, or other explosive or hazardous materials.
P.
All
sidewalk vendors associated with the sidewalk vending receptacle shall
be within five feet of the sidewalk vending receptacle when conducting
sidewalk vending activities.
Q.
Sidewalk
vendors that sell food shall have a health permit in their possession
at all times they are conducting sidewalk vending activities. If applicable,
a sidewalk vendor shall have proof of a health permit exemption from
county of San Joaquin department of environmental health. And, upon
request, sidewalk vendors must show such permit or proof of exemption
to any enforcement officer or any person to whom they are sidewalk
vending in the city.
R.
Sidewalk
vendors must show their valid driver's license or identification card
issued by the state of California to any enforcement officer upon
request.
S.
Sidewalk
vendors that sell food shall maintain separate food waste, trash,
and recycling bins in or on their sidewalk vending receptacle and
shall not empty their waste into public trashcans. The size of the
vendor's trash container shall be considered when assessing the total
size limit of a sidewalk vending receptacle. Sidewalk vendors shall
not leave any location without first picking up, removing, and disposing
of all trash or refuse from their operation.
T.
Sidewalk
vendors shall immediately clean up any food, grease or other fluid
or item related to sidewalk vending activities that falls on public
property.
U.
Sidewalk
vendors shall maintain a minimum four-foot clear accessible path free
from obstructions, including sidewalk vending receptacles and customer
queuing area.
W.
In
parks, sidewalk vendors shall not interfere in any way with anyone
engaged in a sporting activity or other activity for which a permit
has been obtained from the city.
X.
Sidewalk
vendors shall ensure that all City-required insurance is in effect
prior to conducting any sidewalk vendor activities and maintained
for the duration of the permit.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
Sidewalk vendors shall comply with all operating conditions including those conditions set forth in Section 12.24.060, or any successor sections.
B.
The
city may request the sidewalk vendor remove any sidewalk vending receptacle
or cart if it is creating an imminent safety hazard or is placed within
a prohibited area as set forth in this chapter. If the sidewalk vendor
refuses to remove the sidewalk vending receptacle or cart, or if left
abandoned, the city may immediately remove the sidewalk vending receptacle
or cart and dispose of the sidewalk vending receptacle or cart after
providing at least a sixty-day notice of redemption to the address
associated with the licenses identified on the sidewalk vending receptacle
or cart, if any, or if left unclaimed for sixty days from the date
of removal.
C.
Sidewalk
vending receptacles shall not touch, lean against, or be affixed at
any time to any building or structure, including, but not limited
to, lampposts, parking meters, mailboxes, traffic signals, fire hydrants,
benches, bus shelters, newsstands, trashcans, or traffic barriers.
D.
Sidewalk
vendors shall not engage in any of the following activities:
1.
Renting
merchandise to customers; or
2.
Displaying
merchandise or food that is not available for immediate sale; or
3.
Using
an open flame on or within any sidewalk vending receptacle; or
4.
Using
an electrical outlet or power source that is owned by the city or
another person other than the sidewalk vendor; or
5.
Continuing
to offer food or merchandise for sale or distribution, following,
or accompanying any person who has been offered food or merchandise
after such person has refused an offer and has asked to be left alone
or after the person has declined the offer to purchase or receive
food or merchandise; or
6.
Knowingly
making false statements or misrepresentations during the course of
offering food or merchandise for sale; or
7.
Blocking
or impeding the path of the person being offered food or merchandise
to purchase; or
8.
Making
any statement, gesture, or other communication which a reasonable
person in the situation of the person being offered food or merchandise
to purchase or receive would perceive to be a threat and which has
a reasonable likelihood to produce in the person a fear that the threat
will be carried out; or
9.
Touching
the person(s) being offered food or merchandise without that person(s)'
consent; or
10.
Advertising any product or service that is not related to the food
or merchandise being offered for immediate sale or distribution; or
11.
Placing sidewalk vending receptacles on private property without filing with the city police department the written permission granted by the private property owner, pursuant to Section 12.24.020(B)(21); or
12.
Placing their sidewalk vending receptacles on any other non-permitted
space when engaging in sidewalk vending activities; or
13.
Soliciting or conducting business with persons in motor vehicles
located on traffic lanes of public streets, highways, or parking lots.
E.
Sidewalk
vendors shall not engage in sidewalk vending activities at the following
locations:
1.
Bikeways
or bike paths; or
2.
Within
a marked bus zone; or
3.
Where
placement impedes access to or the use of abutting property, including,
but not limited to, residences and places of business; or
4.
Any
public property that does not meet the definition of a sidewalk, including,
but not limited to, any alley, square, roadway, street, street end,
median island, pedestrian island, or parking lot, without prior city
approval; or
5.
Within a city park or other facility within the jurisdiction of the recreation department without prior approval pursuant to Section 12.24.040; or
6.
Within
eighteen inches of the curb.
F.
Sidewalk
vendors shall not engage in sidewalk vending activities within fifteen
feet of:
1.
Any
fire hydrant, fire call box, fire lane, or other emergency facility;
or
2.
A
marked crosswalk; or
3.
The
curb ramp or a curb return of an unmarked crosswalk; or
4.
A
driveway or driveway apron; or
5.
An
entrance or exit to a building, structure, or facility; or
6.
An
entrance to a bike or shared use path; or
7.
An
alley or entrance to a parking lot or parking garage; or
8.
An
outdoor dining or patio dining area; or
9.
A
transit shelter or bench; or
10.
An automated teller machine (ATM); or
11.
Another sidewalk vendor.
G.
Sidewalk
vendors shall not engage in sidewalk vending activities within fifty
feet of:
1.
A
permitted certified farmers' market or swap meet during the limited
operating hours of that certified farmers' market or swap meet; or
2.
An
area designated for a special event permit issued by the city, during
the limited duration of the special event, if the city provides the
sidewalk vendor any notice, business interruption mitigation, or other
rights the city provided to any affected businesses or property owners
under the city's special event permit; or
3.
The
boundary of a public community center, athletic field, softball/baseball
diamond, basketball court, handball court, pickleball/paddle tennis
court, tennis court, soccer field, or other recreational field, facility,
or court; or
4.
Any
public picnic area, outdoor exercise equipment, playground area or
playground equipment; or
5.
Any
public restroom.
H.
Sidewalk
vendors shall not engage in sidewalk vending activities within one
hundred feet of:
I.
Sidewalk
vendors shall not engage in sidewalk vending activities within two
hundred fifty feet of:
1.
Any
school between the hours of seven-thirty a.m. and six p.m. on days
when the school is in session; or
2.
A
place of worship while services, ceremonies, or events are in session,
or constituents/members are coming to or leaving services, ceremonies,
or events; or
3.
A
large or general child day-care facility, or day camp, while children
are present.
J.
Stationary
sidewalk vendors shall not sell food or merchandise or engage in any
sidewalk vending activities:
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
Sidewalk
vending in violation of this section will not be punishable as a criminal
infraction or misdemeanor, but will be subject to an administrative
citation as follows:
1.
If
a sidewalk vendor conducts business without any valid permit, the
sidewalk vendor shall be assessed administrative fines in the following
amounts:
a.
An administrative fine of two hundred fifty dollars for a first violation.
b.
An administrative fine of five hundred dollars for a second violation
within one year of the first violation.
c.
An administrative fine of one thousand dollars for a third violation
and each additional violation within one year of the first violation.
d.
Upon proof of a sidewalk vendor permit issued by the city, the city
will reduce the amount of the fines to one hundred dollars for the
first violation, two hundred dollars for the second violation, and
five hundred dollars for each violation thereafter.
2.
If
a sidewalk vendor violates any portion of this chapter other than
conducting business without a valid permit, the sidewalk vendor shall
be assessed administrative fines in the following amounts:
a.
An administrative fine of one hundred dollars for a first violation.
b.
An administrative fine of two hundred dollars for a second violation
within one year of the first violation.
c.
An administrative fine of five hundred dollars for each additional
violation within one year of the first violation.
3.
When
assessing an administrative fine, the hearing officer shall take into
consideration the person's ability to pay the fine. The city will
provide the person with notice of his or her right to request an ability-to-pay
determination and shall make available instructions or other materials
for requesting an ability-to-pay determination. The person may request
an ability-to-pay determination at adjudication or while the judgment
remains unpaid, including when a case is delinquent or has been referred
to a comprehensive collection program.
4.
Administrative
fines assessed pursuant to this section may be reduced to twenty percent
of the original fine amount, or may be fulfilled through performing
community service in lieu of paying the administrative fine, upon
submission of proof of inability to pay at an adjudication hearing
if requested by the person, pursuant to Government Code Section 51038,
subdivision (f).
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
A.
The
chief of police or her or his designee may revoke a permit issued
to a sidewalk vendor for any of the following reasons:
1.
The
permittee's failure to comply with the provisions of this chapter;
2.
If
the permittee makes any false statement or material misrepresentation
of fact related to a sidewalk vendor permit application; or
3.
If
the permittee fails to notify the chief of police within five business
days of any material changes to the facts provided in a sidewalk vendor
permit application subsequent to the issuance of a vending permit;
or
4.
Upon
the fourth violation or subsequent violations within one year of the
first violation.
B.
The
revocation takes effect upon delivery of the notice of decision to
revoke the license and remains in effect unless overturned on appeal.
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
B.
Decisions
of the chief of police or her or his designee to revoke a permit shall
be appealed in the following manner:
1.
Appeals
may be initiated by the person whose permit was revoked;
2.
Appeals
shall be initiated within fifteen calendar days of service of notice
of the decision to revoke the license;
3.
Appeals
of decisions shall be made in writing and shall state the factual
basis and evidence to substantiate the appeal;
4.
All
appeals of decisions shall be heard by a hearing officer appointed
by the city attorney or her or his designee;
5.
A
hearing before the hearing officer may be set for a date that is not
less than fifteen and not more than sixty days from the date that
the request for hearing is filed in accordance with the provisions
of this chapter. The appellant shall be notified of the time and place
set for the hearing at least ten days prior to the date of the hearing.
The city and appellant may mutually agree to waive, modify, or change
the date of the proceeding;
6.
All
appeals of decisions shall be conducted in accordance with the following
procedures:
a.
At least ten days prior to the hearing, the appellant shall be provided
with copies of the citations, reports and other documents or evidence
submitted or relied upon by the chief of police or her or his designee,
b.
No other discovery is permitted. Formal rules of evidence shall not
apply. Appeal hearings are intended to be informal in nature. Each
party shall have the opportunity to present evidence in support of
his or her case, and to cross-examine witnesses. Irrelevant and unduly
repetitious evidence shall be excluded,
c.
The failure of the appellant to appear at the hearing shall constitute
a failure to exhaust their administrative remedies.
C.
After
considering all of the testimony and evidence submitted at the hearing,
the hearing officer shall issue a written decision within ten days
of the hearing and shall list in the decision the reasons for that
decision:
(Ord. 2023-12 § 2; Ord. O2023-21 § 1)
