(A) Permit required. No person, either for himself/herself or any other person, shall engage in any sidewalk vendor activities within the city without first applying for and receiving a permit from the Director in accordance with this chapter.
(B) Application. A written application for a sidewalk vendor permit shall be filed with the Planning Department to be approved by the Director on a form provided by the city and shall contain the following information:
(1) The name, address, and telephone number of the person applying to become a sidewalk vendor;
(2) The name, address, and telephone number of the person who will be in charge of any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;
(3) The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;
(4) The number of sidewalk vending receptacles the sidewalk vendor will operate within the city under the permit;
(5) Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;
(6) The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s);
(7) the location(s) in the City where the stationary sidewalk vendor intends to operate;
(8) The dimensions of the sidewalk vendor's sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit;
(9) Whether the sidewalk vendor will be selling food, merchandise, or both;
(10) If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food;
(11) If the vendor is selling merchandise, a description of the merchandise to be sold;
(12) A copy of the County of Riverside Environmental Health Permit required for any sidewalk vendors selling food, as required by chapter 5.01.140 of this Code, or any successor chapter;
(13) Proof of his or her possession of a valid California Department of Tax and Fee Administration seller's permit, which shall be maintained during the pendency of the sidewalk vendor's permit;
(14) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws;
(15) A certification that, that to his or her knowledge and belief, the information contained within the application is true and correct;
(16) An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the city, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the licensee, City, and/or the parties initiating or bringing such proceeding;
(17) Proof of business and general liability insurance covering the City of Menifee;
(18) An acknowledgment that the sidewalk vendors use of public property is at their own risk, the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at his or her own risk; and
(19) Any other relevant information required by the Director.
(C) Application and permit fees. Each application for a sidewalk vendor permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit is only applicable to the individual(s) named on the application. If said permit is approved, it shall not be necessary for the permittee to obtain a city permit to carry on the activities authorized by said permit, unless such licensee maintains a permanent place of business within the city.
(Ord. 2018-263, passed 12-19-2018)