A. 
Applicants for a mobile vendor permit shall file with the City Clerk a complete written sworn application signed by the applicant at least 10 regular business days prior to the date when the intended business is to commence.
(1) 
The applicant shall truthfully provide all information requested by the City as part of the application process.
(2) 
The applicant shall sign the permit application.
(3) 
The applicant shall pay the required fee at the time of application.
B. 
Applicants intending to operate on City property, including any City park or City facility, shall obtain approval from the Director of the Parks Department, or the Director of the Recreation Department, or other appropriate City Official. Applicants intending to operate on any privately owned property shall obtain the consent of the property owner prior to operating on private property.
C. 
Applicants selling food shall be required to include a Health Department food permit with their application.
D. 
The application and all information submitted to the City Clerk shall remain in the City Clerk's office and shall be available for inspection by the public.
E. 
Any amendments or revisions to the original application shall be promptly provided to the City Clerk in writing.
A. 
Upon receipt of a completed application, the application shall be reviewed to investigate the applicant's business and moral character, and to ensure it complies with the requirements of this chapter. The review process shall be based on the following criteria, but shall not be limited to:
(1) 
The applicant shall not have been convicted in the past five years of any violation of any federal or state statute or regulation, or of any local ordinance, which adversely reflects upon the person's ability to conduct the business in a professional, honest, and legal manner. Such violations shall include, but are not limited to, burglary, theft, robbery, larceny, swindling, fraud, deceit, unlawful business practices, and any form of actual or threatened physical harm against another person.
(2) 
The applicant shall not have had a revocation of any permit issued under this chapter within the past five years.
B. 
If, as a result of such investigation and review, the information provided in the application is found to be satisfactory, the Chief of Police or his or her designee shall endorse on the application his or her approval and shall return the application to the City Clerk who shall notify the applicant that his/her application has been approved, and shall issue to the applicant a mobile vending permit.
(1) 
Such permit shall contain the name and address of the applicant, the business name, the date of issuance and the length of time the same shall be operative.
(2) 
If the applicant requested permission to operate in a City park or other City facility, the permit shall identify any such location in which the permittee is authorized to operate, including the specific dates during which operation in such location is authorized.
(3) 
The permit shall be valid for only one mobile vending unit.
C. 
If, as a result of such investigation and review, the information provided in the application is found to be unsatisfactory, the reason shall be endorsed on such application and the City Clerk shall notify the applicant that his/her application is denied and that no permit will be issued. Any applicant who has been denied a permit under this chapter three times within a calendar year shall not be allowed to apply again for a full calendar year from the date the last denied application was received by the City Clerk.
D. 
Any person aggrieved by the denial of an application for a permit shall have the right to appeal to the District Court of the County as provided by state law.
A. 
It shall be unlawful for any mobile vendor permittee to violate any of the rules and regulations set forth below, or as set forth in the policy governing mobile vending in the parks. Any such mobile vendor who violates any of such rules, regulations, or policy shall be subject to denial of a permit and/or revocation of a permit.
(1) 
The use of a mobile vending permit must be compatible with the public interest in use of the sidewalk or street areas and other public rights-of-way.
(a) 
The mobile vendor shall not conduct business on a sidewalk or street in any of the following places:
[1] 
Within 10 feet of the intersection of the sidewalk with any other sidewalk, except that the Chief Building Official may waive this restriction.
[2] 
Within 10 feet of any handicapped parking space or access ramp.
[3] 
Within 15 feet of a fire hydrant.
[4] 
Within the Washington Street right-of-way, between First Street and Second Street, except pursuant to a temporary permit issued by the City Administrator or his/her designee for a period during which the City temporarily closes Washington Street to regular motor vehicle traffic for purposes of a special event.
[5] 
From a location or position which would involve customers to be waited on or served while standing in a lane of a street traversed by motor vehicle traffic.
(b) 
The Chief Building Official may designate any City sidewalk, street or other public rights-of-way as incompatible with mobile vending. In making such determination, the Chief Building Official shall consider the width of the sidewalk or street or right-of-way, the proximity and location of existing street furniture, including, but not limited to, signposts, lampposts, parking meters, bus shelters, benches, phone booths, street trees and newsstands, to determine whether the proposed use would result in pedestrian or street congestion. The mobile vendor shall comply with the Chief Building Official's determination regarding the use of any sidewalk, street or public right-of-way for mobile vending.
(c) 
A mobile vendor may park and operate in the First Street Plaza public parking area, along with other authorized areas.
(2) 
The mobile vendor shall not use more than 24 square feet of sidewalk space or 170 square feet of street space ("operating area"), which shall include the area of the mobile vending unit, accessory equipment and signage.
(3) 
The mobile vendor shall not use more than one sign not exceeding 12 square feet, which shall be freestanding, removable, and displayed only during times of operation. A separate sign permit shall not be required when the permittee's sign is approved as part of the mobile vendor permit.
(4) 
The mobile vendor shall have a five-pound ABC fire extinguisher available at all times within the mobile vending unit if any fire or electrical heating and/or cooking appliances or other potential sources of fire are used by the mobile vendor.
(5) 
The business name shall be visible to the public.
(6) 
Mobile vendors conducting business shall not make loud or unreasonable noises by vocalization or otherwise for the purpose of advertising or attracting business.
(7) 
The mobile vendor shall keep the operating area in a clean and sanitary condition, and shall remove any structure, device, trash, or debris caused by, created or associated with the business or activities on a daily basis.
(8) 
Mobile vendors shall not make physical contact with the person being solicited or otherwise impose themselves beyond the presence of their mobile vending unit, unless that person's permission is obtained.
(9) 
Mobile vendors conducting business shall not operate or conduct business or activities that create a traffic or visual obstruction hazard or any other type of public hazard or danger, and shall not be in violation of any City ordinances relating to zoning, health, fire, building or safety requirements.
(10) 
Mobile vendors shall not operate or conduct business or activities if the permittee, permit operator, or any agent or employee of the permittee or permit operator who is assigned to work or conduct business or activities within the permit operating area has been convicted of a felony, misdemeanor, or ordinance violation involving force, violence, moral turpitude, deceit, fraud, or the violation of any law regulating the act of solicitation, peddling, hawking, canvassing, or merchandising within the past five years in this state or any subdivision thereof or within any other state of the United States.
(11) 
Mobile vendors shall remove their mobile vending units from the right-of-way between the hours of 12:00 midnight and 6:00 a.m. unless otherwise permitted by the City.
(12) 
Mobile vendors shall not leave their mobile vending units unattended at any time.
A. 
Upon recommendation of the Chief of Police and/or Chief Building Official, or in the case of a permit authorizing mobile vending in any park or other public facility, the Director of the Parks Department and/or the Director of the Recreation Department, any permit shall be suspended or revoked by the City Clerk for any of the following reasons:
(1) 
Any fraud, misrepresentation or false statement contained in the application for a permit;
(2) 
Any fraud, misrepresentation, or false statement made in connection with the selling of goods, wares or merchandise;
(3) 
A conviction of the permittee of any felony or misdemeanor involving moral turpitude;
(4) 
Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to threaten the health, safety or general welfare of the public; or
(5) 
Any violation of this chapter or failure to follow the City's policy governing vending in the parks.
B. 
Upon the suspension or revocation of a permit, the City Clerk shall provide written notice to the permittee, setting forth the specific reason(s) for the suspension or revocation. Such notice shall be sent by certified mail, return receipt, to the permittee's local address.
C. 
If a permit is revoked, the permittee shall not be allowed to apply for a permit for five full calendar years from the date of the revocation for any permits listed under this chapter.