An application for a sidewalk vending permit shall be submitted to the Permit Administrator on forms provided by Dublin Police Services and shall include the permit processing fee established by the City Council as part of the city's master fee schedule. Such forms shall require submission of the following information:
A.
The name, address, and telephone number of the business owner and manager and any individuals who will be employed as sidewalk vendors under the permit.
B.
A detailed description of the food/merchandise to be sold, a detailed description of the areas in which the sidewalk vendor intends to operate, anticipated hours of operation, and whether the vendor(s) will be roaming or stationary.
C.
A copy of a California driver's license or identification number, an individual taxpayer identification number, social security number, or other state-issued identification card. Such information is not a public record and will remain confidential as required by Government Code Section 51038(c)(4).
D.
A copy of a valid California Department of Tax and Fee Administration seller's permit, as required.
E.
A copy of a valid mobile food facility permit issued by the Alameda County Department of Environmental Health, as required.
F.
Proof of an unexpired business license or proof of current application for business license in the city.
G.
An agreement to indemnify the city, its officers and employees, from any liability arising from use of the permit on the public right-of-way.
H.
Proof of a policy or policies of comprehensive general liability insurance, in an amount of one million dollars ($1,000,000), approved by the city, and insuring against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee, with an endorsement naming the city as an additional insured. In addition, the permittee is required to carry workers' compensation and automobile coverage sufficient to meet the requirements of the state of California.
I.
Confirmation of compliance with all conditions and requirements of this chapter.
J.
Livescan form and fingerprints of the applicant.
K.
Such other identification and information as deemed necessary by the Permit Administrator.
(Ord. 4-24 § 3)
A.
When information provided in the application changes, the operator shall file an amendment to the permit within three (3) business days. The amendment form shall be accompanied by the fee established by the city's fee schedule.
B.
Amendments cannot be used to change goods or merchandise being vended or owners of a sidewalk vending business; new permit applications are required for such changes.
(Ord. 4-24 § 3)
No sidewalk vending permit shall be issued until the appropriate fee has been paid. The fee for a city sidewalk vending permit shall be established by the City Council by resolution.
(Ord. 4-24 § 3)
The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons for the denial, in accordance with the provisions of Section 4.50.110.
(Ord. 4-24 § 3)
The Permit Administrator shall deny the permit if he/she finds:
A.
That any information contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or
B.
That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or
C.
That, for any other reason, the operation as proposed would be detrimental to health, safety, or welfare; in violation of the requirement to maintain sanitary conditions; or in noncompliance with the federal Americans with Disabilities Act of 1990 and other disability access standards.
(Ord. 4-24 § 3)
Every sidewalk vendor must display their city-issued sidewalk vending permit on the street-side portion of their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance in a readily visible location when operating in the public right-of-way.
(Ord. 4-24 § 3)
A.
A sidewalk vending permit issued pursuant to this chapter may be suspended or revoked by the Permit Administrator for any of the following reasons:
1.
The permittee provided false information on their application;
2.
The permittee has failed to comply with the requirements of this chapter on four (4) separate days in a twelve (12) month period; or
3.
The permittee has conducted their business in a manner which endangers the public health, safety, or welfare.
(Ord. 4-24 § 3)
Revocation of a sidewalk vendor permit shall be served in writing no less than fourteen (14) days before the effective date of the revocation to the address listed on the initial application or to any subsequent address provided to the city by the permittee. Any applicant whose application for a sidewalk vendor permit is denied or whose permit is revoked may appeal such decision to the City Manager or designee pursuant to the provisions of Section 4.50.140.
(Ord. 4-24 § 3)
An applicant or permittee may appeal any action or determination of the Permit Administrator under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050.
(Ord. 4-24 § 3)