Baldwin Park Code of Ordinances

TITLE XI: BUSINESS REGULATIONS

CHAPTER 122: STREET VENDORS

BookmarkCHAPTER 122:  STREET VENDORS
Section
General Provisions
   122.01   Definitions
   122.02   Sales from human-powered devices prohibited
   122.03   Exemptions
   122.04   Regulations for sales from vehicles
Permits/Business License
   122.15   Application for operator's permit; contents; required fee
   122.16   Application for vendor's permit; contents; required fee
   122.17   Investigation of applications
   122.18   Issuance
   122.19   Denial
   122.20   Revocation
   122.21   Appeals
   122.99   Penalty

GENERAL PROVISIONS

GENERAL PROVISIONS
§ 122.01 DEFINITIONS.
Bookmark§ 122.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   GOODS or SERVICES. This shall include items and products of every kind and description, including all foods, produce, beverage items, merchandise, wares, as well as the provision of any service or labor.
   HUMAN-POWERED DEVICE. Any device moved by human power including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle or other wheeled container or conveyance.
   OPERATOR. Any person or entity owning, operating or otherwise controlling any business involving the vending of goods or services from a vehicle.
   PARKWAY. That area between the edge of the roadway and the adjacent property line, including sidewalks.
   PERSON. Any natural person, firm, partnership, association, corporation or other entity of any kind or nature.
   PUBLIC PROPERTY. Any real property, or interest therein, owned, leased, operated or otherwise controlled by the city other than a street, alley, parkway, or sidewalk.
   PUBLIC RIGHT-OF-WAY. That portion of land dedicated to the city, in fee, as an easement, or otherwise, for public use for public street purposes which includes, but is not limited to, roadways, parkways, alleys, sidewalks, and all other public ways and paths.
   ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place to place and stops only to complete a transaction.
   SIDEWALK VENDOR. A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
   STATIONARY SIDEWALK VENDOR. A sidewalk vendor who vends from a fixed location.
   VEHICLE. This term shall be defined as in the Vehicle Code of the state and shall include any human-powered device.
   VEND, VENDING, SELL or SELLING.  The sale or offering for sale of any goods or services to the public.
   VENDOR. Any person who engages in the act of vending from a vehicle or drives or otherwise operates any such vehicle for the purpose of vending therefrom.
(‘83 Code, § 12.05.010)  (Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.02 SALES FROM HUMAN-POWERED DEVICES PROHIBITED.
Bookmark§ 122.02  SALES FROM HUMAN-POWERED DEVICES PROHIBITED.
   It is unlawful for any person to sell or offer for sale, or to operate a human powered device or conduct any business for the purpose of causing the sale of or offering for sale, any goods or services from any human-powered device parked, stopped, or standing on any public street, alley, parkway, sidewalk or other public property in the city except as follows:
   (A)   Sidewalk vendors shall not vend within 25 feet of an intersection, traffic signal, railroad crossing or controlled crosswalk.  Sidewalk vendors shall not vend in any area that would block traffic or parking or that would cause vehicles to stop in traffic lanes.  Sidewalk vendors shall not vend or sell to customers in moving operating vehicles.
   (B)   Shall not vend in a city park or facility when an exclusive agreement is in place with the city and a food vendor.
   (C)   Sidewalk vendors shall not vend in a park or city facility between the hours of 10:00 p.m. and 7:00 a.m.  Sidewalk vendors shall not vend in driveways, parking lots or any area that would block traffic or parking or cause traffic to back up and be delayed.
   (D)   Vendors shall not vend in a school zone or within 500 feet of a school during loading and unloading times or at any time when children are present.
   (E)   Sidewalk vendors shall not vend in any residential zoned areas except for roaming sidewalk vendors, vending from the sidewalk and not blocking traffic or parking spaces nor vending to customers in moving operating vehicles.  Roaming vendors shall keep moving and shall not be stationary except as necessary to complete a sale.
   (F)   Vendors shall at all times hold and display a Los Angeles County Health Department permit. 
   (G)   Carts shall be returned to an approved commissary each night for servicing, cleaning, and restocking.
   (H)   Vendors shall at all times hold and display a City of Baldwin Park business license.
   (I)   Vendors shall maintain sanitary conditions including but not limited to proper disposal of trash and waste.
   (J)   Vendor shall comply with NPDES regulations and implement BMPs for stormwater runoff draining into municipal storm drains.
   (K)   Vendors shall comply with ADA and shall not block any required ADA path of travel.
   (L)   Sidewalk vendors shall not chain, tie, lock or fasten to any streetlight pole, sign, fire hydrant or any object within the public right-of-way.
   (M)   Sidewalk vendors shall not vend within:
      (1)   Any designated bicycle or vehicular pathway.
      (2)   Fifty feet of bus stop or bus shelter.
      (3)   Twenty-five feet of a fire hydrant.
      (4)   Twenty-five feet of a driveway approach.
      (5)   Eighteen inches from curb edge.
   (N)   Vendors that set up on a public sidewalk shall obtain an encroachment permit from Public Works. Vendor shall hold permit on premises and make it available at all times.
   (O)   Vendors shall possess a valid California Department of Tax and Fee Administration seller’s permit.
   (P)   Sidewalk vendors shall submit information on his or her operations, including, but not limited to, any of the following:
      (1)   The name and current mailing address of the sidewalk vendor.
      (2)   A description of the merchandise offered for sale or exchange.
      (3)   Proof of liability insurance.
      (4)   A vendor who sells food, in addition to the requirements of this division, shall certify  completion of a food handler course and present a copy of the course completion certificate.
      (5)   A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
      (6)   The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
      (7)   If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
   (Q)   Vendors shall not vend within 1,000 feet of any city special event, farmers market, street fair, concert, or similar venue; or any temporary use permit such as filming, parades, or outdoor concerts.
   (R)   Street vendors shall comply with and provide evidence of compliance to any applicable local, state or federal rules, regulations or laws.
(‘83 Code, § 12.05.020)  (Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)    Penalty, see § 122.99
§ 122.03 EXEMPTIONS.
Bookmark§ 122.03  EXEMPTIONS.
   The requirements of this chapter shall not apply to the following:
   (A)   Any person delivering any goods or services by vehicle where such goods or services have been ordered in advance for such delivery from any business located at a permanent location and which goods or services are being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.
   (B)    Any person engaged in the vending of goods or services on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose.
   (C)   Charitable solicitations conducted by or for nonprofit organizations exempt under 26 U.S.C. § 501(c)(3).
(‘83 Code, § 12.05.030)  (Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
Statutory reference:
   Charitable solicitations, see Cal. Bus. & Prof. Code § 17510
§ 122.04 REGULATIONS FOR SALES FROM VEHICLES.
Bookmark§ 122.04  REGULATIONS FOR SALES FROM VEHICLES.
   It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale or for offering for sale, any goods or services from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all applicable provisions of the code and in compliance with each of the following requirements:
   (A)   Such vending shall be only by means of a vehicle duly registered and licensed by the state with an unladen weight of less than 6,000 pounds.
   (B)   Such vending shall be limited to public streets only and shall not be permitted upon any alley, parkway, sidewalk, or other public property.
   (C)   Each operator shall possess and at all times display in conspicuous view upon each such vehicle a city business license pursuant to Chapter 110 of this code of ordinances.
   (D)   Each operator shall possess and at all times display in conspicuous view upon such vehicle an unexpired and unrevoked operator’s permit issued pursuant to § 122.15.
   (E)    It is unlawful for any vendor to sell or offer for sale any goods or services from any vehicle pursuant to this section unless such person possesses and at all times while conducting such vending maintains upon his or her person an unexpired and unrevoked vendor's permit issued pursuant to § 122.16.
   (F)   It is unlawful for any operator to permit or allow any vendor under such operator’s control, direction, charge or employ to vend any goods or services from any vehicle pursuant to this section unless such vendor possesses an unexpired and unrevoked vendor's permit issued pursuant to § 122.16.
   (G)   Each operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle.
   (H)   No vending from such vehicle shall be permitted for a period of time in excess of ten minutes in any one location and said vehicle must be moved a distance of not less than 100 feet between consecutive stops at which vending occurs.
   (I)   No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
   (J)   No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
   (K)   Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.
   (L)   Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter or other refuse of any kind which were a part of the goods or services supplied from the vehicle and which have been left or abandoned within 25 feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor or operator.
   (M)   No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.
   (N)   Any vehicle from which vending occurs pursuant to this section shall have the same name, address and telephone number of the holder of the operator’s permit permanently affixed on both the left and right sides of the vehicle. Such information shall be in contrast to the color of the background upon which the letters are placed.
   (O)   No vending shall be permitted by any operator or conducted by any vendor except between the hours of 9:00 a.m. and 8:00 p.m. of each day.
   (P)   Any use of amplified sound making devices, including vehicle horns, to advertise, draw attention to or to announce the presence of any such vehicle shall comply with the limitations and provisions set forth in §§ 130.40 et seq. of this code of ordinances. No amplified sound making devices shall be used for such purposed upon any public street immediately contiguous to any residential zone property within the city. Nonamplified sound-making devices shall be permitted for such purposes provided such sounds shall not be made while the vehicle is stopped, parking, or otherwise in a stationary position; and such sounds shall not be audible to a person with normal hearing for a distance of more than 200 feet.
   (Q)   Any operator or vendor using scales or any other weighing or measuring devices shall have all such scales and devices inspected and sealed by the Weights and Measures Division of the Los Angeles County Department of Agriculture.
   (R)   All foods, beverages, utensils and equipment offered for sale or utilized on vending vehicles shall at all times be protected from contamination and pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet infection, overhead leakage, insecticides, rodenticide, cleaning compounds and other poisonous or deleterious substances, and all other forms of contamination.
   (S)   Any ice cream truck shall be equipped at all times, while engaging in vending in a residential area, with signs mounted on the front and rear clearly legible from a distance of 100 feet under daylight conditions, incorporating the words “WARNING” and “CHILDREN CROSSING”. Each sign shall be at least 12 inches by 48 inches wide, with letters of a dark color, at least four inches in height, a one-inch wide solid border, and a sharply contrasting background.
   (T)   The driver of the ice cream truck shall be required to place an orange cone at the left rear of the portion of the vehicle after the vehicle has been stopped and parked adjacent to the curb.
   (U)   No ice cream trucks shall be permitted to vend on streets with a speed limit of more than 25 miles per hour.
   (V)   The driver of the ice cream truck shall have an unobstructed view for 200 feet in both directions along the street and of any traffic on the said street.
   (W)   Unless otherwise waived by the city Police Department and, in addition to other equipment required by law, each food vending vehicle shall be equipped with the following:
      (1)   A convex mirror mounted so that the occupant of the driver's seat can see the area in the front of the truck which is obscured by the vehicle’s hood.
      (2)   A back-up alarm audible for a distance of at least 100 feet.
(Ord. 1082, passed 5-18-94; Am. Ord. 1265, passed 8-17-05; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)  Penalty, see § 122.99

PERMITS/BUSINESS LICENSE

PERMITS/BUSINESS LICENSE
§ 122.15 APPLICATION FOR OPERATOR'S PERMIT; CONTENTS; REQUIRED FEE.
Bookmark§ 122.15  APPLICATION FOR OPERATOR'S PERMIT; CONTENTS; REQUIRED FEE.
   (A)   Any person desiring to obtain an operator’s permit to conduct or otherwise operate the business of vending goods or services pursuant to this section shall submit an application to the Business License Official/Finance Department. The application shall be accompanied by a non-refundable application fee in such amount established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for the renewal application.
   (B)   Each applicant for an operator’s permit shall furnish the following information and documentation as part of or in conjunction with such application:
      (1)   The present or proposed address from which the business is to be conducted.
      (2)   The full true name under which the business will be conducted.
      (3)   The full true name and any other names used by the applicant.
      (4)   The present residence and business addresses and telephone numbers of the applicant.
      (5)   A description of the goods or merchandise which the business will vend.
      (6)   The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle.
      (7)   A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant’s vehicles.
      (8)   A certificate of insurance or other additional proof as may be required by the City Attorney or Risk Manager showing evidence of a public liability and property damage insurance policy for vehicle liability coverage protecting the operator from all claims for damage to property or bodily injury including death, which may arise from the operation of vehicles under the permit or in connection therewith. The insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 per occurrence and property damage coverage of $50,000 per occurrence. The insurance shall provide that the policy shall not terminate or be cancelled without 30 days advance written notice to the city.
      (9)   The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/or vendors and the respective capacities in which they will be employed including the California driver’s license numbers of all persons who will be employed or engaged as drivers of vehicles in conjunction with such business.
      (10)   The applicant, if an individual; or each of the directors, officers or stockholders holding more than 5% of the stock of the corporation; or each of the partners including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business shall also furnish the following information:
         (a)   California driver’s license or social security numbers or any other legally acceptable governmental identification card containing the personal information and a picture of the above described natural persons.
         (b)   Dates of birth of the above described natural persons.
         (c)   The permit histories of the above described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such persons, in previously operating in this or any other city, county, state, or territory, have ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation.
         (d)   All criminal convictions including pleas of guilty or nolo contendere, suffered by the above-described natural persons, including code and ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction.
      (11)   The applicant, if other than an individual, shall also furnish the following information:
         (a)   Each business address of the applicant for the three-year period immediately preceding the date of the application and the inclusive dates of each business.
         (b)   The nature of the business or firm for the three-year period immediately preceding the date of the application.
         (c)   The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended and, if so, the circumstances of such suspension or revocation.
         (d)   All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant including ordinance violations, stating the date, place, nature, and sentence of each conviction.
      (12)   Such other identification and/or information as the Business License Official/Finance Department may require in order to discover the truth of the matters required to be set forth in the application
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.16 APPLICATION FOR VENDOR'S PERMIT; CONTENTS; REQUIRED FEE.
Bookmark§ 122.16  APPLICATION FOR VENDOR'S PERMIT; CONTENTS; REQUIRED FEE.
   (A)   Any person desiring to obtain a vendor’s permit to engage in the vending of goods or services, pursuant to this section shall submit an application to Business License Official/Finance Department.
   (B)   The application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for the renewal application.
   (C)   Each applicant for a vendor’s permit, or an operator or applicant for an operator’s permit on behalf of the proposed vendor, shall furnish the following information and documentation as part of or in conjunction with the application:
      (1)   The present of proposed address from which the business is to be conducted.
      (2)   The full true name under which the business will be conducted.
      (3)   The full true name and any other names used by the applicant.
      (4)   The present residence address and telephone number of the applicant.
      (5)   California driver’s license number of the applicant.
      (6)   Acceptable written proof that the applicant is at least 18 years of age.
      (7)   The applicant’s height, weight, color of eyes and hair, and date of birth.
      (8)   The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application.
      (9)   The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of the suspension or revocation.
      (10)   All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant, including ordinance violations, and traffic offenses.
      (11)   Written proof satisfactory to the City Attorney or Risk Manager that the applicant is insured under the policy of insurance required for such business pursuant to § 122.15(B)(8).
      (12)   Such other identification and/or information as the City Clerk may require in order to discover the truth of the matters required to be set forth in the application.
      (13)   When any change occurs regarding the written information required by divisions (C)(1) through (12) of this section prior to issuance of the permit/business license, the applicant shall give written notification of the change to the City Clerk within two weeks after such change.
      (14)   If the applicant is an individual who intends to own, operate and drive his or her own vehicle, it is not necessary to pay a fee for the vendor’s permit application separate from the fee paid for the operator’s permit application.
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.17 INVESTIGATION OF APPLICATIONS.
Bookmark§ 122.17  INVESTIGATION OF APPLICATIONS.
   The Business License/Finance Department shall investigate all applications for operators permits and vendors permits made pursuant to this chapter, and shall within 30 days after the date of the filing of the application, render a written decision as to approval or denial of the application for the permit based upon the criteria set forth in § 122.18.
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.18 ISSUANCE.
Bookmark§ 122.18  ISSUANCE.
   The Business License/Finance Department shall grant the vendor’s permit or operator’s permit only if he or she finds that all of the following requirements have been met:
   (A)   The required fees have been paid.
   (B)   The application conforms in all respects to the provisions of this chapter.
   (C)   The applicant has not made a material misrepresentation of fact in the application.
   (D)   The applicant has not had a similar permit denied or revoked by the city within a period of one year prior to the date of such application.
   (E)   (1)   The applicant if an individual; or any of the directors, officers or stockholders holding more than 5% of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle or a natural person employed or contracted with to be a driver or vendor, has not been convicted or pleaded nolo contendere or guilty within a five years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including, but not limited to, the following:
         (a)   The sale of a controlled substance specified in Cal. Health & Safety Code §§ 11054 through 11058.
         (b)   The sale, distribution or display of harmful or obscene matter.
         (c)   Indecent exposure.
         (d)   In the case of applications for a vendor’s permit by a person who will be a driver of a vehicle pursuant to this section, alcohol or drug-related traffic offenses.
      (2)   The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Cal. Penal Code § 11105. Any complaint about the charges listed in division (E)(1) above pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.19 DENIAL.
Bookmark§ 122.19  DENIAL.
   (A)   If the Business License Official/Finance Department does not find that all of the requirements set forth in § 122.15, 122.16 or 122.17, as applicable have been met, he or she shall deny the application for the vendor’s or operator’s permit. In the event the application for the permit is denied by the Business License Official/Finance Department, written notice of the denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.
   (B)   Any applicant whose application for a vendor’s or operator’s permit has been denied by the Business License Official/Finance Department may appeal such denial to City Council by filing a written notice of appeal with the City Clerk or designee within ten days following the date of service of the decision and payment of the appeal fee prescribed by resolution of the City Council. The date of filing of the notice of appeal shall be the date the notice and the appeal fee are received by the City Clerk or designee.
   (C)   No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a period of one year following the final denial.
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.20 REVOCATION.
Bookmark§ 122.20  REVOCATION.
   Any vendor’s or operator’s permit may be revoked by the City Clerk or designee for good cause shown, including but not necessarily limited to any of the following reasons:
   (A)   Falsification of any information supplied by the permittee upon which issuance of a permit was based.
   (B)   Conviction of a violation, or pleas of guilty or nolo contendere, by a permittee of any crime occurring while such person was engaged in conducting vending operations from a vehicle, whether within or outside the city, involving moral turpitude, or the possession or sale of any controlled substance specified in Cal. Health & Safety Code §§ 11054 through 11058, or the violation of any provision of Cal. Penal Code Title 9, Part 1, Chapters 1, 5, 7.5, 7.6 or 8, or an alcohol or drug-related offense in the case of a vendor’s permit held by a person who is a driver of a vehicle operated pursuant to this section.
   (C)   Exercise of the permit in a manner contrary to the public peace, health, safety or general welfare.
   (D)   No such revocation shall become effective until the expiration of the appeal period specified in this section. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder’s residence address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of the mailing. A permit holder may appeal the revocation to the City Council by filing a written notice of appeal with the City Clerk or designee within ten days following the date of service if the decision and payment of the appeal fee as prescribed by resolution of the City Council. The date of filing of the notice of appeal shall be the date the notice and appeal fee are received by the City Clerk or designee. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Council. Otherwise, the revocation shall be effective after the expiration of the appeal period.
   (E)   No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following the revocation.
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.21 APPEALS.
Bookmark§ 122.21  APPEALS.
   Upon receipt of a timely appeal, the City Council shall hear such appeal within 20 days following the date of the appeal and shall give the appellant not less than five days advance notice of the date of the hearing. The decisions of the City Council shall be based upon the same notice of the date of the hearing. The decision of the City Council shall be based upon the same criteria as set forth in this section which is applicable to the issuance or revocation of the permit. The appellant shall be notified of the decision of the City Council by mailed, written notice. The decision of the City Council shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Council’s decision; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect.
(Ord. 1082, passed 5-18-94; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
§ 122.99 PENALTY.
Bookmark§ 122.99  PENALTY.
   (A)   A violation of the sidewalk vending program that compiles with Cal. Gov’t Code § 51308 is punishable by only the following:
      (1)   An administrative fine not exceeding $100 for a first violation.
      (2)   An administrative fine not exceeding $200 for the second violation within one year of the first violation.
      (3)   An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
   (B)   The city may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.  The city may confiscate and/or impound goods and/or vehicle where said goods are being sold without the proper licenses required by this chapter.
(‘83 Code, § 12.05.040)  (Ord. 1070, passed -  -93; Am. Ord. 1127, passed 9-3-97; Am. Ord. 1431, passed 12-5-18; Am. Ord. 1432, passed 12-5-18; Am. Ord. 1436, passed 2-6-19)
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