(a) Department Permit. The Department shall establish a uniform application process through which a Vendor may request, and upon approval receive, a Vendor permit. The application process shall be easily accessible to individuals with limited business experience and limited English language proficiency. The permit application shall require:
(1) The name, phone number, and current mailing address of the Vendor.
(2) A description of the Food and/or Merchandise that the Vendor intends to Vend.
(3) The locations where the Vendor requests to Vend.
(4) An attestation by the Vendor that the Vendor procured the Food and/or Merchandise, whether new or used, through a transaction authorized by law, including but not limited to, bartering and foraging.
(5) For any Food and/or Merchandise to Vend, whether new or used, an attestation by the Vendor that the Vendor will maintain proof of ownership or authorization to sell the Food and/or Merchandise and will produce the documentation of same immediately upon request.
(6) A certification by the Vendor that to the Vendor’s knowledge and belief, the information submitted for the permit application is true.
(7) Proof of Identity, as described in Administrative Code Section 95.2 and as it may be amended, of the Vendor.
(8) If the Vendor is an agent of an individual, company, partnership, corporation, or other entity (each a “principal”), the name and business address of the principal.
(9) The Vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if applicable.
(10) Any other information deemed relevant by the Department.
(b) Confidentiality of Permit Application Data. The Department shall maintain confidentiality of Vendor’s personal identifying information to the extent permitted by law. The Department shall inform applicants about the circumstances under which the information they provide in the application could become public or be disclosed.
(c) Additional Permit Conditions.
(1) Each permit that applies to a Vendor that uses an energy source, including but not limited to propane, butane, or battery, shall be conditioned on the Vendor obtaining approval from the Fire Marshal and complying with sections of the Fire Code that apply to the use of flammable gas, flammable liquids, compressed gas, open flames, and other energy sources. Separate fees may apply and be payable to the Fire Marshal.
(2) Each permit for Food Vending shall be conditioned on the Vendor obtaining a permit to operate a food facility from the Department of Public Health pursuant to Health Code Section 452, as it may be amended. Separate fees may apply and be payable to the Department of Public Health.
(3) Each Vendor permit issued pursuant to this Article 5.9 and the approval, as applicable, of the Fire Marshal (see subsection (c)(1)) and/or the Department of Public Health (see subsection (c)(2)), shall authorize inspection by the City of the Vendor’s operations at any time during operating hours, as long as the inspecting agency provides at least 48-hours’ notice.
(4) The applicable conditions of this subsection (c) are preconditions to the issuance of a Vendor permit. Lapse or revocation of approvals, as applicable, from the Fire Marshal or Department of Public Health shall, by operation of law, automatically invalidate any Vendor permit without further action by the Department.
(d) Permit Fee. The Department shall identify the reasonable regulatory costs for the administrative enforcement and any adjudication of this Article 5.9, including but not limited to the Department’s costs to issue permits, perform investigations, conduct inspections, issue administrative citations or other enforcement actions, and audit permittees. The Department shall charge applicants for each Vendor permit and permit renewal an amount that does not exceed the reasonable regulatory costs described in this subsection (d), and may include the actual costs that other agencies, boards, commissions, or departments of the City incur in connection with the processing or administration of this Article 5.9, which fee shall be waived in accordance with California Business and Professions Code Section 16102, as it may be amended, and as applicable. After consulting with the Controller, and by no later than two months after the effective date of the ordinance in Board File No. 211292 establishing this Article 5.9, the Department shall publish on its website a schedule of all fees charged by the Department under this Section 5.9-5, and shall submit that fee schedule to the Clerk of the Board of Supervisors for inclusion in Board File No. 211292. The permit fee shall be adjusted annually in accordance with Public Works Code Section 2.1.2.
In addition, separate annual fees may apply and be payable to the Tax Collector, Department of Public Health, and the Fire Marshal for any approvals required by each department.
(e) Permit Fee Waiver. The Department shall adopt regulations via Director’s Order authorizing the Director to fully waive fees for new permits and partially waive fees for permit renewals, for reasons including, but not necessarily limited to, economic hardship and a Vendors’ status as a nonprofit corporation exempt from federal taxation under 26 U.S.C. Section 501(c)(3), as it may be amended. The partial waiver of renewal fees shall be on a sliding scale and the amount waived shall be determined based on the economic hardship of each individual Vendor or the financial circumstances of a nonprofit corporation.
(f) Permit Expiration. Each Vendor permit shall expire if not renewed by its Renewal Date in subsection (g)(1) unless revoked or unless the Director determines on issuance of the permit that the particular circumstances warrant a permit term of less than one year.
(g) Permit Renewal.
(1) Each Vendor permit may be renewed annually so long as the Vendor remains in compliance with this Article 5.9, including payment of all fees due to the City and compliance with the Good Neighbor Policies in Section 5.9-9. The permit renewal date (“Renewal Date”) shall be the date that the Director issues the decision to renew the permit or conditionally renew the permit, and shall be the same day of the year, selected by the Director, for all Vendor permits.
(2) Each Vendor permit renewed by the Department shall be operative for 90 days from the date of renewal, but shall become inoperative if by the end of that 90-day period, the Vendor has not obtained approvals, as applicable, from the Fire Department and Department of Public Health. A permittee shall still owe the renewal fee in subsection (d) if the Vendor permit becomes inoperative under this subsection (g)(2), and shall not be entitled to a refund or proration as a result of the Vendor permit becoming inoperative.
(3) Pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code, the fees in subsection (d), above, for renewing a Vendor permit shall be due and payable annually on or before March 31, for the 12-month period commencing with the most recent Renewal Date prior to March 31. If a permittee ceases Vending between the Renewal Date and the next March 31, such permittee shall still owe the fees due on that March 31 for the entire 12-month period commencing with the most recent Renewal Date prior to March 31, and shall not be entitled to any refund or proration.
(h) Application Denial; Appeal.
(1) The Department may reject an application for a Vendor permit for any of the following reasons:
(A) the applicant failed to provide any required information or prerequisite approvals identified in this Section 5.9-5, or provided incorrect or incomplete information, and failed to correct the application within a reasonable time identified by the Department;
(B) the applicant knowingly presented false and material information or knowingly omitted material information;
(C) the applicant previously received a permit, which permit was revoked pursuant to Section 5.9-11, and the revocation occurred within one year of the application;
(D) the applicant submitted a substantially similar application that was rejected within the past year;
(E) the proposed Vending location may lead to or exacerbate objective safety, health, and welfare concerns; or
(F) good cause, including but not limited to violations of federal, state, or City law that in the Department’s judgment are relevant to whether the applicant would perform as a Vendor in a lawful manner.
(2) The applicant may appeal the Department’s rejection of an application for a Vendor permit in writing to the Director within 30 days of the rejection. The Director may investigate the rejection and consider any claims by the applicant, and shall either affirm or reverse the rejection within a reasonable time following receipt of the written appeal. Upon denial of a permit by the Director, an applicant may appeal the Director’s decision, to the Board of Appeals, in accordance with Section 8 of the Business and Tax Regulations Code, as amended from time to time.