5.16.110 - Compliance with provisions—Grounds for revocation—Penalty.

It shall be unlawful for any person to engage in the operation or business of a sidewalk vendor within the city without first obtaining a permit to do so as provided in this chapter, and with all other requisites, and thereafter exhibiting such permit or identification card, or without complying with the requirements and provisions of this chapter.

The penalties set forth herein are specifically applicable to offenses and violations as regulated by this chapter. Accordingly, any person violating any provision of this chapter shall be punished as follows: (1)

Vending without a sidewalk vendor permit as required by this chapter shall be punishable by the following:

(A)

An administrative fine not exceeding two hundred fifty dollars for a first violation;

(B)

An administrative fine not exceeding five hundred dollars for a second violation within one year of the first violation;

(C)

An administrative fine not exceeding one thousand dollars for each additional violation within one year of the first violation.

(2)

Except as otherwise provided in subsection (1) herein, any violation of this chapter shall be punishable by the following:

(A)

An administrative fine not exceeding one hundred dollars for a first violation;

(B)

An administrative fine not exceeding two hundred dollars for a second violation within one year of the first violation;

(C)

An administrative fine not exceeding five hundred dollars for each additional violation within one year of the first violation.

(3)

The city council, city manager, director of finance, or their designee(s) may revoke a city-issued permit issued to a sidewalk vendor for the term of that permit for any of the following reasons: (i) upon the committing of a fourth violation or subsequent violations of this chapter; (ii) fraud, material misrepresentation or false statement contained in the application for a permit or renewal thereof; (iii) the sidewalk vendor has conducted the vending in a manner that endangers the public health, safety or welfare, or conducts his or her business in such a manner as to constitute a breach of the peace; or (iv) has failed to comply with federal, state or local laws, policies and/or regulations. The revocation, notice, hearing and appeal procedures set forth in Section 5.05.090 of Chapter 5.05 of Title 5 of this code shall apply to revoke a permit under this chapter.

(4)

Upon proof of a valid sidewalk vendors permit issued by the city, the administrative fines set forth in subsection (1) shall be reduced to the administrative fines set forth in subsection (2) herein.

(5)

Failure to pay an administrative fine pursuant to subsections (1) and (2) of this section shall not be punishable as an infraction or misdemeanor.

(6)

When assessing administrative fines pursuant to subsections (1) and (2) of this section, the director of finance or his or her designee shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions for requesting an ability-to-pay determination. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, as determined by the director of finance, or his or her designee, the city shall accept, in full satisfaction, twenty percent of the administrative fine imposed pursuant to Section 5.16.050(a) herein. The person may request said ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

(7)

The director of finance, or his or her designee, may allow a person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition for violations of subsection (1) of this section.

(Ord. No. 705, § 2, 1-15-2019; Ord. No. 763, § 3, 10-20-2020)