Application for food or flower vendor's permits shall be investigated by the city manager. The investigation shall take into consideration the character of the applicant and any law enforcement problems which the issuance of the permit might tend to create. The city manager may also consider such other sources of information as are available to him or her and may require the applicant to be fingerprinted.
The city manager may deny an application for a food or flower vendor's permit if the applicant has been convicted of one of the type of category of crimes enumerated in Section 5.88.090(B) of this chapter or, if in his or her opinion, the business is to be located or operated under circumstances where it would tend to cause a law enforcement problem or create a public nuisance or where the granting of the permit would not be compatible with the public health, safety or welfare or would not comply with the provisions of this chapter or would be contrary to the public interest. The city manager shall deny the permit if the application does not meet the location requirements or any other requirements of this chapter.
In granting a permit under this chapter, the city manager shall require vendors to limit their hours of operation to between eight a.m. to six p.m., shall require vendors to remove all of their equipment and wares from the assigned location no later than six p.m. each day, and shall prohibit any vendor from locating closer than twelve (12) feet from the outer edge of any entrance to any building. The manager shall have authority to limit the area which a vendor's cart may cover, to approve the design of any vendor's cart, and to specify the exact location on a block where the vendor shall operate, taking into account pedestrian and vehicular traffic flow and the other standards imposed by this article. The city manager may impose such additional reasonable terms and conditions upon the operation of the business as the manager deems necessary or desirable under the circumstances to protect the health, safety and well-being of the public. The city manager may require all food or flowers to be located on the vendor's cart and may prohibit the location of any food or flowers on sidewalks.
If, for a period of ten (10) or more consecutive days between May 1st and September 30th, or sixty (60) or more consecutive days between October 1st and April 30th, a person with a vendor's permit fails to maintain or operate their vendor's business, then the permit shall be deemed abandoned and shall be revoked.
The vendor's permit shall be attached to and prominently displayed on the vendor's cart.
Prior to the issuance of any permit under this chapter, the applicant shall pay to the city revenue officer any business operations tax and the applicable downtown business improvement area tax required by Chapter 3.08 of this code. Decisions of the city manager relating to the granting or denial of an application for a vendor's permit shall be rendered in writing not less than sixty (60) days after the date of application. Copies of decisions shall be mailed to the applicants not later than five days after the date of decision and shall be mailed to the address of any business, conducted on the street level, which is located within one hundred (100) feet of the site of the vendor's permit. (Prior code § 7.06.063)