A. 
Purpose. Sections 51036 thru 51039 of the California Government Code confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizens. The requirements set forth in this chapter are intended to protect the public's health, safety, and welfare using objective standards by ensuring that vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, are properly licensed with all agencies, and employ persons that do not pose a threat to customers and the general public. This chapter is adopted pursuant to the city's police powers for the purpose of regulating vending on the sidewalk as defined in this chapter.
B. 
Findings.
1. 
The city council finds that the establishment of a sidewalk vending program will benefit the city as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families, and by contributing to a diversity of food options and lively streets.
2. 
The city council finds that the act of vending on sidewalks and other areas of the public right-of-way also creates the potential for increased safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; in accordance with the requirements of federal and state law relating to disability access; interfering with the performance of police, firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase products; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic.
3. 
The city council finds that the permit requirements proposed are consistent with SB 946, as they are reasonable, related to the public health and safety, and welfare concerns, and are based upon compliance with other generally applicable laws including, but not limited to, the Americans with Disabilities Act and other disability access laws and to maintain minimum safe access along public sidewalks.
4. 
The city council finds that minimum separation requirements between sidewalk vendors and utility infrastructure are necessary in order to maintain the continued operation of above-ground utilities, by protecting utility infrastructure from damage and providing sufficient area for their safe repair and replacement.
5. 
The city council finds that minimum separation requirements between sidewalk vendors and public art is necessary in order to protect the safety and security public art structures.
6. 
The city council finds that the standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks.
7. 
The city council finds that restrictions on sidewalk vending are needed to accommodate vendors and their equipment, while also safe-guarding the flow of pedestrian movement on sidewalks and in the public right-of-way, and ensuring no interference with the performance of police, firefighter, and emergency medical personnel services.
8. 
The city council finds that the regulation of vendors engaged in the sale of food and food products will help to ensure that sidewalk vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning.
9. 
The city council finds that regulations related to the collection and disposal of trash or other debris generated by sidewalk vending are necessary to ensure that such trash or debris is not left, thrown, discarded, or deposited on city streets, sidewalks, pathways, gutters, or storm drains, or upon public or private lots, to prevent the same from becoming a pollutant, lead to the proliferation of vermin or pests, or otherwise create a public nuisance.
10. 
The city council finds that vending within 500 feet of schools impacts pedestrian and vendor safety due to overcrowding on sidewalks, which results in school children and their caretakers walking in the street along the sidewalk to keep moving forward.
11. 
Establishing restrictions on street and sidewalk vending and operating noise-making devices in residential zones protects the quality of life of city residents and minimizes disruption to the peace and quiet enjoyment of residential property.
12. 
Establishing traffic and safety conditions for street and sidewalk vendors ensures the safety of residents, street and sidewalk vendors, and minimizes impact to public streets and the public right-of-way.
(Ord. 523, 7/17/2024)
Unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"California Retail Food Code"
means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
"Cart"
means any pushcart, pedal-driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, display, or other non-motorized conveyance, other wheeled container or mechanism or from one's person, and includes a stationary cart or a roaming cart.
"Department"
means the city's community development department.
"Director"
means the director of the community development department or his/her designee.
"Food"
means any type of edible substance or beverage.
"Goods" or "merchandise"
means any items and products of every kind and description, including all food, produce, and beverage items.
"Health department"
means the County of Ventura Resource Management Agency Environmental Health division, or its successor.
"Health department permit"
means any and all licenses, permits, certifications, and courses required and issued by the health department to vend food within the city in accordance with this chapter.
"Person" or "persons"
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.
"Roaming sidewalk vendor"
has the same meaning as set forth in Government Code Section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
"Roaming vending cart"
means a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction.
"Rules and regulations"
means the rules and regulations, if any, established by the director and adopted by city council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.
"Sidewalk"
means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths or any real public property, public easement, public street, street median, alley, parkway, public sidewalk, or other interest therein owned, held, leased, operated or otherwise controlled by the city.
"Sidewalk vending permit"
means a permit issued by the city to vend goods or merchandise within the city in accordance with this chapter.
"Sidewalk vending program"
means the program established by this chapter that is applicable to sidewalk vending-related activities.
"Sidewalk vendor"
has the same meaning as set forth in Government Code Section 51036(a), and includes a person who sells food, goods or merchandise from a cart upon a sidewalk.
"State seller's permit"
means a permit issued by the California Department of Tax and Fee Administration.
"Stationary sidewalk vendor"
has the same meaning as set forth in Government Code Section 51036(c), and includes a sidewalk vendor who vends from a fixed location.
"Stationary vending cart"
means a cart intended to be operated from a fixed location by a stationary sidewalk vendor.
"Vend" or "vending"
means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter, or exchange anything of value, even if the transaction is characterized as a donation.
(Ord. 523, 7/17/2024)
The department is authorized to issue sidewalk vending permits in accordance with this chapter.
A. 
The director is authorized to develop and enforce, rules and regulations regarding the licensing, permitting, and operation of vending from a sidewalk, in accordance with this chapter.
B. 
The director is authorized to develop and enforce, rules and regulations regarding the licensing, permitting, and operation of vending from a sidewalk, in accordance with this chapter.
(Ord. 523, 7/17/2024)
No sidewalk vendor may vend or operate anywhere within the city without first obtaining a sidewalk vending permit. Sidewalk vendors must comply with the terms and conditions set forth in the sidewalk vending permit.
(Ord. 523, 7/17/2024)
A. 
To obtain or to renew a sidewalk vending permit, a sidewalk vendor must provide the following as part of the application:
1. 
Valid identification, such as a State of California driver's license or identification number, an individual taxpayer identification number, or a municipal identification number, Social Security number, or any other government-issued identification card;
2. 
The full true name, address and telephone number (business and residential) of the sidewalk vendor;
3. 
Applicant's height, weight, and color of eyes and hair;
4. 
One photograph of the applicant at least two inches by two inches taken within four months preceding the date of the application;
5. 
Proposed hours and days of operation;
6. 
Whether the sidewalk vendor intends to operate a stationary vending cart or a roaming vending cart;
7. 
Proposed location of operation. An application for placement of a stationary vending cart in a commercial or industrial zoned area of the city as identified in the city zoning code must contain the proposed location, marked by major cross streets, and a photo or sketch of such location. An application for a roaming vending cart in a residential zoned area of the city as identified in the city zoning code must contain a sketch or description of the route the sidewalk(s) vendor will travel;
8. 
The type of goods or merchandise the sidewalk vendor will vend;
9. 
Proof of a valid city business registration;
10. 
Each sidewalk vending permit application shall be accompanied by a non-refundable permit fee. The fee for obtaining the permit required by this chapter shall be set by resolution of the council. Individuals over the age of 65, individuals under the age of 18, and veterans physically unable to obtain a livelihood by manual labor who qualify under Sections 16001 and 16001.5 of the Business and Professions Code of the state shall be exempted from paying such fee. In addition, any person soliciting on behalf of any institution or organization recognized by a tax board of the state and the Internal Revenue Service of the United States, which institution or organization is conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, shall be exempted from paying such fee.
11. 
A signed waiver and release and indemnification consistent with the provisions of subsection B.
12. 
Proof of a valid California Department of Tax and Fee Administration seller's permit and additional licenses from state or local agencies to the extent required by law.
13. 
Proof of a valid Ventura County Health Department Permit and California Retail Food Code compliance for food-related vending, if applicable.
14. 
Proof of a valid certificate of completion from a Ventura County or other California county food handler course, if applicable.
15. 
A statement as to whether or not the applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason(s) for the revocation(s).
16. 
A declaration that the information provided to the city is true and correct.
B. 
Release and Indemnification Requirements.
1. 
If the city issues a vending permit, as a condition of such permit issuance, permittee agrees to waive and release the city and its officers, agents, employees, contractors, and volunteers from and against any and all claims, costs, liabilities, expenses, or judgments including attorneys' fees and court costs arising out of any vending activities or any illness or injury resulting therefrom, and shall agree to indemnify and hold harmless the city, its officers, agents, employees, contractors and volunteers from and against any and all such claims, whether caused by negligence or otherwise, except for illness and injury resulting directly from gross negligence or willful misconduct on the part of the city, its officer, agents, employees, contractors and volunteers.
2. 
If the city issues a vending permit, as a condition of such vending permit issuance, permittee shall acknowledge that the use of any sidewalk is at the sidewalk vendor's own risk and the city will not take any steps to ensure any sidewalk is safe for, or conducive to, the vending activities.
C. 
Sidewalk vending permits will expire one year after the date of issuance, unless the permittee has requested and been granted a shorter duration or unless the city issues it for a shorter duration.
D. 
Sidewalk vending permits are not transferable.
E. 
A person whose sidewalk vending permit is revoked may not renew their sidewalk vending permit for one year.
F. 
In accordance with Government Code Section 51038(c)(4), identification numbers, such as social security numbers, shall be confidential and shall not be disclosed.
G. 
An applicant may apply to operate a maximum of one cart at any given period of time. An applicant who desires to operate one type of cart on certain days or times and another type of cart on other days or times, may apply to operate those carts under one permit rather than having to apply for and obtain two different permits. If more than one cart is intended to be operated concurrently and at the same time of day and with one of the carts operated by another individual, a separate application shall be required for each cart.
H. 
Immediately report a lost or stolen permit to the department.
I. 
An applicant who is issued a sidewalk vending permit shall return the permit to the department immediately on termination of employment or self-employment. A sidewalk vendor permit shall become void upon termination of employment or self-employment.
J. 
An applicant who is issued a sidewalk vending permit shall not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered a violation of this chapter, unless previously reported as lost or stolen as indicated in this section.
(Ord. 523, 7/17/2024)
Upon receipt of a complete application for a sidewalk vending permit, the director will cause the application to be reviewed and within 10 days of submittal of a complete application will either: (1) approve or conditionally approve the permit if all applicable requirements of this chapter are satisfied; or (2) deny the application if all applicable requirements of this chapter are not satisfied. Notice of the director's decision to approve or conditionally approve the permit may be provided by regular U.S. mail or by electronic mail. Notice of the director's decision to deny the permit will be provided by certified or registered mail or by personal delivery to the applicant within three business days of the decision.
(Ord. 523, 7/17/2024)
A. 
Every cart used to vend food must be approved by the Ventura County Health Department, unless otherwise exempt pursuant to Ventura County Health Department regulations. A cart may only vend the types of food that are listed and approved by the Ventura County Health Department under the health department permit, unless the types of food is otherwise exempt from such permit requirements.
B. 
A cart used for sidewalk vending must obtain, possess, and prominently display a valid sidewalk vending permit and all other required permits that are issued by other public agencies or as required by this chapter.
C. 
Each sidewalk vendor that has obtained a sidewalk vending permit from the city, shall be given a sidewalk vending badge, which badge shall be available for viewing and inspection by the director during all hours of operation of the sidewalk vending cart.
D. 
A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the sidewalk vending permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.
E. 
No cart that is used for sidewalk vending may exceed 15 square feet, and also not exceed a linear distance greater than five feet, on any one side. Merchandise such as banners, feather flags, flags and pennants must be displayed directly on the cart and may not extend above or beyond the cart.
F. 
A cart must operate according to its approved hours of operation. The director may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in commercial or industrial zoned areas, the director may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those commercial or industrial zoned areas.
G. 
No cart or any material or matter brought to the location by the sidewalk vendor may be left on the sidewalk during any pause in business or after the sidewalk vendor ends operations for each day.
H. 
A sidewalk vendor must maintain a clean and trash-free 50-foot radius from a cart during hours of operation and must leave the area clean by the approved end of daily operation(s).
I. 
Sidewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles for use by the general public.
J. 
A stationary vending cart that vends food must be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility as required by California Health and Safety Code Section 114315. If the facility is located on private property, the stationary sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the stationary sidewalk vendor allowing the stationary sidewalk vendor to utilize such facilities, including the days and hours of operation.
K. 
Sidewalk vendors must comply with all applicable federal, state, county, and local laws, regulations, and ordinances.
L. 
A sidewalk vending permit does not provide an exclusive right to operate on any sidewalk or portion thereof.
M. 
Sidewalk vending is prohibited to any individual traveling within motor vehicles along a public roadway to avoid interference with traffic, motor vehicles, and to protect public safety.
N. 
All signs must be attached to the cart and no sign may extend above or beyond the cart. Airborne signs such as balloons, banners, feather flags, flags, pennants and signs attached to drones are prohibited. In addition, drones used to advertise the location of, or products sold at, the cart are prohibited. No free standing signs may be placed on the sidewalk.
O. 
Carts must be self-contained, including any power, fuel, cooling, cooking, shading, and heating equipment. Sidewalk vendors shall not connect any equipment or device to any external source of power, water, or other utilities located on public or private property.
P. 
Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the city. One chair or stool may be used by the sidewalk vendor for personal use.
Q. 
Sidewalk vendors shall only use one conveyance, one table or one display to conduct operations. No goods may be displayed on the ground.
R. 
Sidewalk vendors shall not use a freestanding shade or weather canopy but may use one umbrella with a diameter not to exceed 48 inches that is attached to the cart.
S. 
No sidewalk vendor or cart may use or operate any loud speaker, public address system, radio, sound amplifier, bells or chimes, or other similar device.
T. 
Before non-electric generators or auxiliary power may be used to power a cart, the sidewalk vendor must obtain permission, as applicable, from the Ventura County Air Pollution Control District.
U. 
Outdoor wood burning ovens or charcoal barbecues or any gasoline or kerosene powered appliance or equipment are prohibited.
V. 
Vending, marketing or advertising of services is prohibited.
W. 
Sidewalk vendors are prohibited from vending the following goods:
1. 
Alcoholic beverages;
2. 
Tobacco products and vaping or electronic smoking devices;
3. 
Illicit drugs and related paraphernalia;
4. 
Pharmaceuticals;
5. 
Cannabis and cannabis products;
6. 
Sexually oriented or sexually explicit items;
7. 
Real or imitation weapons such as knives, firearms, or explosive devices;
8. 
Live animals; and
9. 
Other products that are prohibited for sale by city ordinance or state or federal law.
X. 
Sidewalk vendors shall display only goods that are available for immediate on-site sale.
Y. 
Sidewalk vendors shall not occupy space on any sidewalk in such a way that would impede upon the required sidewalk width or path of travel requirement pursuant to the federal Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.
Z. 
Sidewalk vendors must comply with the California Retail Food Code as codified in Part 7 of California Health and Safety Code 113700, et seq., if vending food;
AA. 
Sidewalk vendors shall obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business as required by law;
BB. 
Sidewalk vendors shall not attempt to reserve any street or public parking area exclusively for themselves or their customer parking.
(Ord. 523, 7/17/2024)
No stationary vending cart may be used to vend within a residential zoned area. However, a roaming sidewalk vendor may use a roaming vending cart within a residential zone, and must move continuously except when necessary to complete a sale. The roaming sidewalk vendor must move a distance of not less than 200 feet between consecutive stops at which vending occurs. Once a roaming sidewalk vendor has moved from a vending location, the Roaming sidewalk vendor may not return to that location for 30 minutes.
(Ord. 523, 7/17/2024)
A. 
No sidewalk vendor may place or leave any cart:
1. 
Within any location where the sidewalk is less than six feet wide since vending at such locations would unreasonably interfere with the safe flow of pedestrians.
2. 
Within 18 inches from the edge of the curb.
3. 
Within 25 feet of a marked crosswalk.
4. 
Within a 45 foot radius of a bench, sign, or shelter used for public transit stops.
5. 
Upon a public street median.
6. 
In any portion of the right of way that is not a sidewalk, including, but not limited to, road shoulders.
7. 
On any multi-use path that is intended for off-street bicycle travel.
8. 
Within 100 feet of any intersection.
9. 
Within 500 feet of the driveway of any public school or daycare center between the hours of 7:00 a.m. and 4:00 p.m. on the days the school is in session.
10. 
Within 15 feet of a driveway or driveway apron.
11. 
Within 15 feet of any fire hydrant.
12. 
Within 15 feet of another sidewalk vendor.
13. 
Within 15 feet of a building entrance or exit during the hours when the business is open to the public.
14. 
Within 15 feet of a loading zone, parking space, or access ramp designed for individuals with disabilities.
15. 
Within 15 feet of a public restroom.
16. 
Within 15 feet of a curb ramp.
17. 
Within 30 feet of an outdoor dining or patio dining area.
18. 
Within 100 feet of the vehicle entrance to any fire station, police department, hospital, or any other structure dedicated to heal and safety emergency matters.
19. 
Where placement impedes the flow of vehicular traffic.
B. 
No cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right-of-way or sidewalk. No cart may be left or maintained unattended at any time. Any vehicle, human powered device, equipment or objects left on public right-of-way or sidewalk unattended will be considered discarded and may be seized or disposed of by the department.
C. 
Notwithstanding any specific regulations in this chapter, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property as determined by the director or his designee.
(Ord. 523, 7/17/2024)
A. 
No sidewalk vending is allowed within 300 feet of a city-permitted special event within the time period commencing one hour before until one hour after the special event. Permitted events include certified farmers' markets, and any event that requires an encroachment permit or special event permit, filming, parades, outdoor concerts, street fairs, arts shows, crafts shows, or any other permit or authorization required by the city.
B. 
Stationary sidewalk vendors shall be prohibited from vending in a park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or goods or merchandise by the concessionaire.
C. 
The city may by resolution adopt additional requirements consistent with Government Code Section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements.
(Ord. 523, 7/17/2024)
A. 
A sidewalk vendor's noncompliance with any applicable requirement of this chapter constitutes a violation and a public nuisance.
B. 
The director shall be responsible for enforcement of this chapter. Any other city department enforcing the Moorpark Municipal Code, and state and federal laws, may assist the director in enforcement of this chapter.
C. 
The director may promulgate administrative guidelines and regulations to implement and enforce the provisions of this chapter.
D. 
A sidewalk vendor who is notified by a city official that the vendor is in violation of this chapter must immediately cease and abate the violation if directed to do so by the city official and shall be subject to penalties set forth in subsection E below.
E. 
Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation issued by the department as follows:
1. 
For vending without a valid sidewalk vending permit:
a. 
A written administrative warning for a first violation.
b. 
An administrative fine of $250 for a second violation.
c. 
An administrative fine of $500 for a third violation within one year of the first violation.
d. 
An administrative fine of $1,000 for a fourth violation and each subsequent violation, within one year of the first violation.
e. 
Upon proof of a valid sidewalk vending permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the second violation, $200 for the third violation, and $500 for each violation thereafter.
2. 
For all violations of this chapter other than vending without a valid sidewalk vending permit as outlined in subsection (E)(a) above:
a. 
An administrative warning for the first violation.
b. 
An administrative fine of $100 for a second violation.
c. 
An administrative fine of $200 for a third violation within one year of the first violation.
d. 
An administrative fine of $500 for a fourth violation within one year of the first violation.
e. 
An administrative fine of $500 for a fifth and each subsequent violation, and revocation of the permit.
F. 
The city will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
G. 
All citations issued for violations of this chapter are subject to the administrative hearing and appeal process under this chapter and the city's authority to use any civil remedy available to collect any unpaid administrative fine.
H. 
Fines assessed pursuant this section may be reduced to 20% of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code Section 51039(f)(2).
(Ord. 523, 7/17/2024)
The city may request a sidewalk vendor remove any cart that is in violation of this chapter. If the sidewalk vendor refuses to remove the cart, or if a cart has been abandoned, the city may cause the cart to be removed, and provide notice to the owner of the cart or at the location of the removal, if the cart was abandoned. The city may subsequently dispose of the cart (including any associated goods or merchandise) if not claimed by the vendor within 90 days of removal by city. The city may, in its sole discretion, immediately dispose of any food products after cataloging all food to be disposed.
(Ord. 523, 7/17/2024)
A. 
Revocation by Director: Previous Grounds for Denial. The director or his or her designee shall revoke a sidewalk vending permit where the director determines from the facts that there were grounds for denying the permit in the manner hereinbefore provided for by this chapter, which were first disclosed or otherwise made known to the director after issuance of the permit, and such facts were not discoverable upon the exercise of due diligence by the director prior to the issuance of the permit.
B. 
Revocation by Director: Violation of Terms and Conditions. The director may revoke a sidewalk vending permit where the director determines from the facts that the permittee is in violation of the terms and conditions of the permit, or where the permittee has violated any applicable law or regulation; provided, however, that the director shall not revoke a permit in the manner provided by this subsection unless and until such director advises the permittee of such violation and provides a reasonable opportunity to correct same.
C. 
Notice of Revocation. Where the director determines to revoke a sidewalk vending permit, the director shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the city manager, city attorney and all remaining city officials charged with carrying out any responsibilities under this chapter.
D. 
Hearing on Revocation. The permittee of a sidewalk vending permit may appear before the director for the purpose of presenting evidence why the sidewalk vending permit should not be revoked. Upon request by the permittee, the director will fix a time and place for such hearing, and provide written notice of the hearing to the permittee. The director may issue a decision orally at the conclusion of the hearing or take the matter under submission, and shall also notify the permittee, the city manager and the city attorney, in writing of the decision. The director's decision shall be final.
E. 
Content of Notices. Any notification of action by the director or his or her designee in subsections B, C or D of this section, whether oral or written, shall describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by a method as agreed by the parties in addition to a written document signed or sent by the director or his or her designee, respectively, to the address shown on the application.
(Ord. 523, 7/17/2024)
A. 
Any person denied approval or renewal of a sidewalk vendor permit under this chapter, assessed a fine for violations of this chapter, or whose permit has been suspended, revoked or conditioned, may appeal. Such appeal must be in writing and must be filed with the city manager or his or her designee not more than 14 days following the mailing of the notice of denial, suspension, revocation, or conditioning sent to the applicant to the address listed by the applicant pursuant to this chapter. The written appeal must contain all reasons and documentary support why the denial, revocation, suspension, or conditioning should be overturned. Any successful appeal will result in approval or reinstatement of an approval and refund of any fines collected by the city.
1. 
The city shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the city council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.
2. 
The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to this section.
B. 
City Manager Action.
1. 
Upon receipt of a timely filed appeal, the city manager or his or her designee shall set the matter for hearing which shall be held not fewer than 10 calendar days, nor more than 30 calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.
2. 
The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven calendar days prior to the hearing.
3. 
At the time of such hearing, the city manager or his or her designee shall review the records and files relating to the decision.
4. 
In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.
5. 
In the case of denial of an initial permit application the appellant shall have the burden of proving that he or she meets the requirements for issuing the permit in the first instance; in the case of the conditioning, revocation or denial of a permit renewal, the city shall have the burden in proving that grounds exist for revoking or failing to renew a permit.
6. 
Based upon the evidence presented at the hearing, the city manager or his or her designee shall determine whether the decision should be affirmed, modified or reversed.
7. 
The city manager or his or her designee's decision shall be communicated in writing to the appellant within seven calendar days after the close of the hearing and submission of the matter to the city manager for decision. The city manager's decision shall state whether the decision is affirmed, modified or reversed and shall state the reasons therefor.
8. 
The decision of the city manager or his or her designee shall include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in the Superior Court shall be filed within 90 days following the city manager's notice pursuant to California Civil Procedure Code Section 1094.6.
(Ord. 523, 7/17/2024)