The purpose of this chapter is to comply with SB 946 (
Gov. Code
Section 51036, et seq.), which places limits on local authority to
regulate sidewalk vendors operating in the public right-of-way. In
addition to complying with SB 946, these regulations are intended
to serve the same purposes as articulated in 5.44.010.
(Ord. 817 § 2, 2020)
For the purposes of this chapter, the definitions set forth in Chapter
5.44 apply as well as the following definitions:
"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.
(Ord. 817 § 2, 2020)
Any person eighteen years of age or older who operates as a sidewalk vendor within the city limits must obtain a sidewalk vendor permit. Sidewalk vendors are not required to obtain a business license and are not subject to the business license regulations or enforcement ordinances found in Chapters
5.04 through
5.20 of this code. Instead, sidewalk vendors are subject only to the regulations and enforcement scheme of this chapter.
(Ord. 817 § 2, 2020)
Every sidewalk vendor transacting business within the city must
first obtain a sidewalk vendor permit from the finance director authorizing
the sidewalk vendor to engage in the activities allowed under this
chapter. Sidewalk vendor permits will be issued in accordance with
the following procedures:
A. Sidewalk
vendor permits will be valid for a period of one year and will be
renewable for successive periods of one year upon the payment of the
annual permit fee.
B. Every
person engaging in sidewalk vending in the city is required to pay
the sidewalk vendor permit fee as adopted by resolution of the city
council.
C. Sidewalk
vendors must acquire any additional licenses from other state or local
agencies to the extent required by law.
D. Sidewalk
vendors must remain in compliance with all other generally applicable
laws.
(Ord. 817 § 2, 2020)
Sidewalk vendors must submit the following information on his
or her operations when applying for a permit:
A. The
vendor's name, physical and mailing address, phone number and date
of birth.
B. A description
of the merchandise offered for sale or exchange.
C. If the
sidewalk vendor is an agent of an individual, company, partnership,
or corporation, the name and business address of the principal.
D. A certification
by the vendor that to his or her knowledge and belief, the information
contained on the form is true.
E. Any
other information required by the finance director.
(Ord. 817 § 2, 2020)
The identification information required for a sidewalk vending
permit is confidential and not available to the public for inspection,
except as required to administer the permit program or to comply with
a state law or state or federal court order.
(Ord. 817 § 2, 2020)
Any interested party may appeal any decision of the city finance
director hereunder to the city manager by filing a written appeal
within ten days after the mailing of notice of the city finance director's
decision to the last known address of the permittee. In considering
the appeal, the city manager may affirm, revoke, or modify the city
finance director's decision in whole or in part, and consider any
other matters the city manager deems pertinent. The city manager's
decision shall be final.
(Ord. 817 § 2, 2020)