It shall be unlawful for any person, including those businesses and vendors licensed under this chapter, to use any public right of way (public streets, roads, alleys or sidewalks) within the city for the purpose of engaging in any type of business, including selling therefrom, soliciting donations, taking a census or taking orders for any goods, wares or merchandise, without the prior written approval of the city manager or his designee, which approval may be given to those vendors licensed under sections 3-2-9, 3-2-11-2 and 3-2-11-8 of this chapter, subject to the following limitations:
A. Except as otherwise provided, the vendor shall not make sales while stopped or parked in the public right of way except by prior appointment with or on the invitation of an identifiable buyer. Stopping or parking shall be out of established travel lanes.
B. No such vendor shall remain stationary in the public right of way for more than one hour at any location in any city block in any two (2) hour period, and shall not stop or be situated closer than one thousand feet (1,000') from any restaurant, concession or other mobile vendor.
C. Following such sale, the vendor's vehicle shall move a distance of not less than one thousand feet (1,000') from the current stop and shall not stop or be situated closer than one thousand feet (1,000') from any restaurant, concession or other mobile vendor. The requirement to move one thousand feet (1,000') does not apply to vendors who do not normally operate from a semistationary location, i.e., bakery vendors, ice cream trucks, ice cream pushcarts, snack pushcarts and bicycle powered vendors.
D. No use of the public right of way as governed by this section shall occur prior to six o'clock (6:00) A.M. or after ten o'clock (10:00) P.M.
E. A business license shall not be issued to, and any business license previously issued shall be revoked of, any person using a public right of way as governed by this section who fails to collect, report or remit to the state of California franchise tax board all applicable sales taxes required to be collected, reported or remitted by him.
F. A business license shall not be issued to, and any business license previously issued shall be revoked, any person using a public right of way as governed by this section who fails to obtain and maintain in full force a public liability policy in the amount of one million dollars ($1,000,000.00), naming the city as an additional insured on said policy, written proof of which shall be made at the time the business license is issued.
G. The provisions of this section shall apply to all mobile vendors licensed to conduct business in the city. For purposes of this section, a "mobile vendor" is defined as any person who sells from any motor vehicle or pushcart, box, basket, receptacle, stand, wagon or any other type of vehicle. (Ord. 98-05, 6-9-1998)