(A) Violations of this chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by the following administrative fine and rescission provisions:
(1) An administrative fine not exceeding $100 for a first violation;
(2) An administrative fine not exceeding $200 for a second violation within one year of the first violation; and
(3) An administrative fine not exceeding $500 for each additional violation within one year of the first violation.
(B) If a sidewalk vendor violates any portion of this chapter and cannot present the citing officer with a proof of a valid permit, the sidewalk vendor may be punished by:
(1) An administrative fine not exceeding $250 for a first violation;
(2) An administrative fine not exceeding $500 for a second violation within one year of the first violation; and
(3) An administrative fine not exceeding $1,000 for each additional violation within one year of the first violation.
(C) Upon proof of a valid permit issued by the city, the administrative fines set forth in division (B) shall be reduced to the administrative fines set forth in division (A), or any successor sections.
(D) The Director may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(E) The Director may deny, suspend, or revoke any permit for any of the following reasons:
(1) Fraud or misrepresentation contained in the application for the permit;
(2) Fraud or misrepresentation made in the course of carrying on the business of vending;
(3) Conduct of the permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, or welfare.
(F) Denial, void, or revocation of the business license shall result in revocation of the vendor permit.
(G) Administrative fines shall be imposed and enforced pursuant to Chapter 99 of the Municipal Code of Riverbank.
(H) Nothing in this chapter shall be deemed to prevent the city from commencement of any available administrative, civil and/or criminal provisions of law as an alternative and/or in addition to the enforcement proceedings set forth in this chapter.
(Ord. 2019-006, passed 10-22-2019)