5.16.085 - Additional required findings to issue or renew a permit—Term of permit—Renewal—Grounds to deny application.

(a)

Within thirty calendar days of receiving a completed application, the director of finance shall issue a sidewalk vendor permit, with appropriate conditions, as provided for herein, if the director finds all of the following:

(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 tenants to the quiet enjoyment and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety, or general welfare;

(2)

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;

(3)

The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken;

(4)

The conduct of such sidewalk vending activity will not require the diversion of law enforcement to properly patrol the area of such activity as to interfere with normal law enforcement protection for other areas of the city;

(5)

The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter;

(6)

The sidewalk vendor has not had a permit revoked within the past twelve months;

(7)

The sidewalk vendor's application contains all required information;

(8)

The sidewalk vendor has not made a materially false, misleading or fraudulent statement of fact to the city in the application process;

(9)

The sidewalk vendor has satisfied all the requirements of this chapter;

(10)

The sidewalk vendor has paid all applicable fees as set by city council resolution;

(11)

The sidewalk vendor's sidewalk vending receptacle and proposed activities conform to the requirements of this chapter;

(12)

The sidewalk vendor has adequate insurance to protect the city from liability associated with the sidewalk vendor's activities, as may be determined by the city's risk manager, or designee;

(13)

The sidewalk vendor, or any other person for whom information is required to be provided pursuant to this chapter, has not within the past three years, been convicted of or pled nolo contendere to any felony or of any misdemeanor crime involving moral turpitude or such crime that is substantially related to the qualifications, functions, or duties of a sidewalk vendor, including, but not limited to, the crimes listed under of the California Penal Code, Part 1, Title 9 of Crimes Against the Person Involving Sexual Assault, and Crimes Against Public Decency and Good Morals.

(b)

The director of finance, in granting any permit under this chapter, may also impose such reasonable conditions with respect to the use and scope of such permit as is determined to be necessary to protect the public health, safety and/or welfare, and to implement the intent and purpose of this chapter.

(c)

All permits issued under this chapter shall expire twelve months from the date of issuance. A sidewalk vendor permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this chapter. Only one sidewalk vendor permit may be issued to any single person, company, or entity and the permit shall specify whether the permit is for roaming sidewalk vending or stationary sidewalk vending. No person, company, or entity shall conduct both roaming and stationary sidewalk vending under a permit.

(d)

The director of finance shall consider and review applications for permit renewals pursuant to the criteria set forth in this section. Failure of a permittee to file an application to renew a permit at least thirty calendar days before the expiration thereof shall require the filing of a new application and the payment of the associated fee.

(Ord. No. 763, § 2, 10-20-2020)