A. It shall be unlawful for any person to engage in any sidewalk vending activity within the City without having first obtained a sidewalk vendor certificate from the City.
B. Insurance. Sidewalk vendors shall not be allowed to operate within the City without first having obtained general liability insurance, in a form approved by the City, in an amount established by resolution of the City Council for coverage related to all activities associated with sidewalk vending activities, with the City named as an additional insured under such policy. Sidewalk vendors shall submit a certificate of insurance evidencing they have obtained this required insurance together with the completed application for sidewalk vendor license.
C. Application Requirements. The Director of Administrative Services, or his/her designee, shall develop a Sidewalk Vendor Certificate of Operation application form and procedures for reviewing and issuing the certificate consistent with the requirements of this chapter. A non-refundable annual sidewalk vendor certificate application fee, in an amount set by resolution of the City Council, shall be paid to the City with the completed application. An annual sidewalk vendor certificate application shall contain the following information:
1. A schedule of the applicant's pr oposed hours of operation, items of sale, and area of operation;
2. A description of all food vending equipment, signs, or other means of advertisement proposed to be used;
3. Evidence of a permit from the County Health Department for the sale of food or beverages, as may be required.
4. Evidence of proof of Commercial General Liability Insurance as required.
5. Copy of State issued identification with photo identification and taxpayer identification number.
6. One photograph of the sidewalk vendor and of each of the applicant's employees, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the application shall be submitted.
7. The applicant's fingerprints and the fingerprints of all applicants' employees. The applicant and all employees shall complete the Live Scan fingerprint process and are responsible for paying any fees associated with this check.
D. Application Review.
1. The Chief of Police, or his/her designee, shall review the results of the Live Scan Fingerprinting submittal and either approve or deny the application based on its findings and/or the applicants background. The Chief of Police, or his/her designee, shall conduct said review within 30 days of the filing of the Live Scan Fingerprinting application.
Approval of an applicant or operators background is contingent on neither the applicant nor any operator of a pushcart or other vending conveyance being convicted or pleading nolo contendere or found guilty within five years prior to his or her application for a sidewalk vendor license to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance as specified in Cal. Health and Safety Code §§ 11054 through 11058, and crimes involving any of the following actions, which are considered crimes of moral turpitude for the purposes of this subsection: assault with intent to commit murder, attempted lewd acts on a minor, arson, burglary, child abuse, criminal threats, domestic violence when committed against a spouse, failure to register as a sex offender, felon in possession of a firearm, felony hit and run, grand theft auto, murder, perjury, possession for sale of controlled substances, rape, receiving stolen property, robbery, trespass with the intent to injure any property or property rights, or interference with the conduct of business, voluntary manslaughter, and welfare fraud.
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 for the charges listed in subdivision (5) of this subsection pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
If an application is deemed pending, the Chief of Police, or appointed designee, shall within 30 days after the adjudication of the pending criminal matter, notify the Director of Administrative Services, or his/her designee, of the results of the background check.
An applicant shall be notified in writing by the Director of Administrative Services, or his/her designee, when an application has failed the Live Scan Fingerprinting process or applicant background review. Such notice shall contain the grounds upon which the denial is based and the right to seek an appeal. If no appeal is filed, denial, suspension or revocation of the certificate shall become effective ten (10) calendar days after notice is served. If an appeal is filed, the denial shall become effective upon final determination of the appeal by the City.
Notification shall be deemed to have been served when it is personally served upon the applicant or certificate holder or when deposited in the United States mail with postage prepaid and addressed to the applicant or certificate holder at the last known address of the applicant or certificate holder.
Any person whose certificate is denied pursuant to this sub-section shall not be eligible to apply for a new certificate for a period of one year.
Upon approval of the Live Scan Fingerprinting application and background, the Chief of Police, or his/her designee, shall notify the Director of Administrative Services, or his/her designee, as whether the applicant has passed the background check unless the applicant has a pending criminal matter.
2. Upon Police Department approval, the Director of Administrative Services, or his/her designee, shall review said application to ensure the application is complete and that the proposed operation will be in compliance with the City's operational requirements.
E. Issuance of Certificate of Operation. The Director of Administrative Services, or his/her designee, shall issue the Sidewalk Vendor Certificate of operation only if he or she finds that all of the following requirements have been met:
1. Payment of an annual certificate fee in an amount set by resolution of the City Council to defray the costs of administering the certificate.
2. The application contains all the information required by this chapter.
3. The applicant has not knowingly made a material misrepresentation of fact in the application.
4. The applicant has fully cooperated in the investigation of the application.
F. Sidewalk Vendor Certificate of Operation and Renewal. The term for a Sidewalk Vendor Certificate of operation, unless sooner suspended or revoked, shall be valid for the calendar year applied or portion thereof. Upon the expiration of such term, the applicant may renew the sidewalk vendor certificate by submitting a new application together with such renewal fee as may be established by resolution of the City Council. No sidewalk vendor certificate shall be sold, leased, transferred conveyed or granted to any other person.
G. Denial, Suspension or Revocation of Sidewalk Vendor Certificate; Appeal.
1. If the Director of Administrative Services, or his/her designee, does not find that all of the requirements set forth in this subsection have been met, he or she shall deny the application for a sidewalk vendor certificate.
2. Any Sidewalk Vendor Certificate of Operation issued under this chapter may be denied, suspended or revoked by the City for any of the following reasons:
a. Falsehood of any information supplied by the applicant upon which issuance of the sidewalk vendor certificate was based.
b. Failure of the applicant to promptly notify the City's Business Registration Division within 30 days of any change occurring subsequent to the issuance of the certificate in the information supplied by the applicant upon which the issuance of the certificate was based.
c. Revocation, suspension or non-renewal of the certificate of eligibility issued to the applicant by the Orange County Health Department.
d. Conviction of, or plea of guilty or nolo contendere by the applicant of any offense which would have constituted ground for denial of a sidewalk vendor certificate.
3. An applicant for or holder of a Sidewalk Vendor Certificate of Operation shall be notified in writing by the Director of Administrative Services or his or her designee when a certificate has been denied, suspended or revoked. Such notice shall contain the grounds upon which the suspension or revocation is based and the right to seek an appeal to the Director of Public Works. If no appeal is filed, suspension or revocation of the certificate shall become effective ten (10) calendar days after notice is served. If an appeal is filed, the suspension or revocation shall become effective upon final determination of the appeal by the Director of Public Works. Notification shall be deemed to have been served when it is personally served upon the applicant or certificate holder, or when deposited in the United States mail with postage prepaid and addressed to the applicant or certificate holder at the last known address of the applicant or certificate holder at the address set forth in the application.
4. An appeal of a denial, suspension or revocation must be filed in writing with the City Clerk's office within ten (10) calendar days from the date the notice was served and shall include a statement setting forth the factual basis for the appeal. The Director of Public Works or his or her designee shall as act as the hearing officer to consider an appeal filed under this chapter.
5. If an appeal is timely filed, the Director of Public Works or his or her designee shall, within fifteen (15) calendar days of the filing of the appeal, notify the appellant of the date, time and location for the hearing to consider the appeal, which date shall not be less than ten (10), nor more than sixty (60), calendar days following the notice to the appellant of the appeal hearing. Within fifteen (15) calendar days following the appeal hearing, the Director of Public Works, or his or her designee, shall notify the appellant in writing of the decision on the appeal, which decision shall be final.
6. If no appeal is filed, the denial, suspension or revocation of the permit shall become effective ten (10) calendar days after the notice was served. If an appeal is filed, the denial, suspension or revocation shall become effective upon final determination of the appeal by the Director of Public Works or his or her designee.
7. Any person whose certificate is denied or revoked shall not be eligible to apply for a new certificate for a period of one year following such denial or revocation.
H. Fee Waivers. Veterans, as defined by Sections 16001 and 16001.5 of the California Business and Professions Code, shall not be required to pay any, certificate, permit or license fee to hawk, peddle or sell goods, wares or merchandise owned by them, except alcoholic beverages. (Ord. 3288 § 2 (part) 2020)