A. It shall be unlawful for any person or persons to offer for sale, trade, or barter, to create, to possess items to be sold, traded, or bartered, or to sell, trade, or barter any items including but not limited to manufactured items, homemade items, packaged and unpackaged goods, commodities, food, agricultural products, vehicles, furniture, or any other item or to offer any service, from a temporary stand, or other temporary location, upon any public street, alley, sidewalk, right-of-way, easement, or other public place, doorway of any room or building, unenclosed building, building for which no certificate of occupancy has been issued, vacant lot, front or side yard, back yard (except as permitted in chapter 5.68 of this title), driveway, parking lot, or parcel of land, either paved or unpaved, at any time except as permitted pursuant to Chapter 19.70.
B. Possession of a valid City of San Bernardino Business Registration Certificate or Permit issued under any section of chapter 5.04 of this title is not a defense to section (A) if the transient merchant/vendor stays at any location not listed on their Business Registration Certificate or Permit for more than five (5) minutes in a twenty-four (24) hour period.
C. This section is intended to make it unlawful for any person or persons to offer, create, possess items to sell, or commence to sell items at locations that have not been approved by the City, and to prohibit transient merchants/vendors and temporary businesses. The Mayor and Common Council find that transient merchants/vendors and temporary businesses at temporary locations cause blight; they unlawfully compete against lawful businesses without paying permit fees or taxes; they encourage people to unlawfully assemble; they threaten the publics health and safety, public sanitation, and the public welfare; and they create a public nuisance.
D. This section applies to all transient merchants/vendors regardless of their employer or purpose.
(Ord. MC-1363, 8-02-11; Ord. MC-1189, 10-19-04; Ord. MC-817, 1-07-92; Ord. MC-302, 9-07-83)