Street vending vehicles and pushcarts shall be subject to the following rules, regulations and requirements.
(A) Application.
1. Every applicant for a street food or beverage vendor’s permit shall file with the Finance Director a written application on a form provided by the Finance Director which shall contain the following:
(a) The name, address, telephone number, driver’s license or other valid identification number, and Social Security number of the applicant and of each person, if any, to be employed or retained by the applicant to sell food or beverages from vending vehicles or pushcarts;
(b) The number of vending vehicles or pushcarts to be operated by the applicant, either directly or through employees or subcontractors, and the design of each vending vehicle or pushcart, including signage, and the location of loading, unloading and overnight storage;
(c) The character, location and routing of vending vehicle or pushcart operations; and
(d) Such other information as the Finance Director deems appropriate.
2. Each application shall be accompanied by payment of a nonrefundable fee of $25 to cover administration costs.
(B) Regulation of vending vehicles and pushcarts.
1. Each vending vehicle or pushcart shall have affixed to it in plain view, the operator’s permit required by this chapter, and any other permit required, including a health permit. Facsimiles are permissible.
2. Pushcarts shall not be stationed for purposes of offering foods, beverages or products for sale in any location which creates an obstruction to the normal flow of vehicular pedestrian access, within ten feet of any intersection, driveway or building entrance, or in any space designed for vehicular parking, nor shall more than three congregate at any location.
3. The maximum dimensions of any pushcart shall be six feet in length and four feet in width.
4. The only signs used in conjunction with a vending vehicle or pushcart shall be signs affixed to or painted on the vehicle or pushcart.
5. The operator of a vending vehicle or pushcart, if such a person is an employee, contractee, lessee of a vendor shall be required to wear a uniform on which the business is identified.
6. No artificial lighting of any pushcart is permitted.
7. A refuse bin of at least one cubic foot shall be provided in or on the vending vehicle or pushcart.
8. No person shall park, stop or stand any vending vehicle or pushcart upon any part of any street of the city and leave the same stopped, parked or standing in any one location for a period of time longer than ten minutes for the purposes of selling or delivering any food or drink from each vehicle and no person shall make a second stop after moving from the last place of parking, stopping or standing within a distance of 50 feet of the last place of parking, stopping or standing; and no person shall park, stop or stand any vehicle or pushcart upon any part of any street of the city for the purposes of selling any food or drink within 300 feet of any school property line during school between 8:00 a.m. and 4:00 p.m., on any school day or within 300 feet of any church or temple property line where any services, functions or activities are being conducted or at which attendees are arriving or leaving; or in any commercial district.
9. No person shall use any musical or other sound emitting device designed to attract customers while such vehicle or pushcart is parked, stopped or standing in the manner and for the purposes described within this section.
10. No single street vending business shall be allowed to license more than two vending vehicles or pushcarts.
11. (a) For the safety of both the vendor and the general public, no vending vehicle or pushcart (to include bicycle driven carts) will be allowed to operate on any city street or sidewalk for the purpose of selling goods during any hours of darkness.
(b) HOURS OF DARKNESS are defined as hours between one hour past sunset and sunrise daily.
12. Any violation of this subsection (B) will be cause for individual business licenses to receive a written warning for the first violation, a $25 fine for the second violation, a $50 fine for the third violation, and six-month business license suspension for every violation thereafter. A violation of this section will be considered an infraction per the penalty section of this code.
(C) Liability insurance.
1. Every operator of vending vehicles or pushcarts must obtain and maintain during the entire term of his or her license an unconditional public general liability insurance policy that includes products and operations for not less than the following sums:
(a) For the injury or death of any one person in any one accident: $1,000,000;
(b) For the injury or death to two or more persons in any one accident: $3,000,000; and
(c) For the damage or destruction of property in any one accident: $25,000.
2. No license shall be issued or valid until the licensee shall have furnished the City Finance Director with a certificate of insurance, for each policy required, executed by the company issuing such policy, and approved as to form by the City Attorney. Such policies shall contain a provision which includes the city as also named insured and holding the city, its officers and employees harmless from any and all claims for negligence by reason of granting permission to use such public property.
(Ord. 405, passed 6-2-1992; Ord. 419, passed 6-1-1993; Ord. 511, passed 6-18-2002)