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(A) For each person engaged in commercial solicitation, as defined in § 121.01, there shall be a permit fee in an amount to be established by resolution of the City Council for each calendar year, and shall not be prorated. No permit shall be issued unless and until a permit for commercial solicitation is granted in accordance with the provisions of this chapter, and any such permit shall be subject to and limited by the provisions of this chapter.
(B) Notwithstanding division (A) of this section, the License Collector may issue a principal commercial solicitor's license to every person either employing or contracting with one or more individuals for commercial solicitation services, as set forth in division (A) of this section. If a principal solicitor should elect to use the provisions of this section, no principal commercial solicitor's license shall be issued until the applicant files with the License Collector a list of all solicitors employed or retained by the applicant with whom the applicant has a contract, and unless the applicant executes an agreement that he will notify the License Collector in writing of every change in personnel of those soliciting for him within five days after such change is made. In such event, the principal commercial solicitor and each individual commercial solicitor must still obtain a permit in accordance with the terms and provisions of this chapter. Nothing contained in this section shall be deemed to grant to a principal commercial solicitor the privilege of commercial soliciting unless there is maintained in full force and effect for each individual commercial solicitor a permit in accordance with the terms and provisions of this chapter. The permit fees for a principal solicitor's permit shall be in an amount to be established by resolution of the City Council, and shall not be prorated.
(C) A business license, as defined in § 110.60, shall also be payable by all commercial solicitors.
(D) Religious and charitable solicitors shall not be charged a fee or be required to obtain a business license.
('81 Code, § 5.44.110) (Ord. 830, passed - -85)
No person, whether or not the person maintains or is employed at an established place of business or is employed by a person who is licensed pursuant to this chapter, shall engage in the business of peddling or vend from any vehicle without first obtaining a permit/decal pursuant to this chapter.
('81 Code, § 5.44.120) (Ord. 978, passed - -94 -94; Am. Ord. 1309, passed 7-7-21) Penalty, see § 121.99
(A) Requirements. All vending shall be subject to and in compliance with the following requirements:
(1) Business license. Each owner shall have a valid and current city business license.
(2) Peddler/vendor permit. Each owner shall have a valid and current peddler/vendor permit.
(3) Health permit. Each owner causing the sale of or offering for sale any produce, food or edibles shall have a valid health permit issued by the appropriate governmental agency.
(4) Insurance. Each owner shall have general liability and, when applicable, automobile insurance with coverage in the amounts and with the named additional insured as required by the City Attorney's office.
(5) Decal/public property use fee. Each person engaged in vending shall, in a conspicuous location on the vehicle, display a city-issued decal visible to the general public. The decal shall be issued when:
(a) The owner has provided the city with evidence of compliance with divisions (A)(1) through (A)(4) above;
(b) The owner's proposed operation has been reviewed and approved by the city as complying with the municipal code;
(c) The owner has paid the peddler/ vendor permit fee.
(6) Self-contained vehicle. Any vehicle must be totally self-contained and may not use the utilities on the site on which it is operating, with the exception of restroom facilities if permitted by the site owner.
(7) May not impede access. Vehicles shall not be located in such a way as to block required parking spaces or driveways, impede vehicular or pedestrian access on public or private property, create a hazardous disruption in the flow of traffic on public roadways or sidewalks, or encroach on landscaped areas by the vehicle, or customers.
(8) Stopping. Food trucks may not stop on a public street for more than ten minutes to sell food in commercial and industrial areas of the city.
(9) Private property. Subject to other limitations in this chapter, food trucks may park on private property with approval of the property owner and city.
(B) Areas prohibited. Vending shall not be permitted:
(1) On Main Street, east of 8th Street, and west of 11th Street;
(2) Upon any alley or roadway median;
(3) Within 100 feet of any residentially developed property unless visiting a construction site where two or more dwellings are under construction with an active, valid building permit;
(4) Within 100 feet of the nearest curb or edge of pavement on the cross roadway of any inter-section of two or more public roadways;
(5) Within 100 feet of any freeway on-ramp or off-ramp as defined in the California Vehicle Code;
(6) Within 500 feet of the property line of any place of worship, or public or private school;
(7) On any public park unless the vendor has formal authorization from the City Recreation Director;
(8) To take up more than 30 feet of parallel parking area on a roadway for the vendor's vehicle, and the vendor shall not indicate exclusive roadway parking or reserve any public parking area for its customer parking;
(9) Upon any specific roadway, or portion thereof, which as a result of the limited parking, limited line of sight, traffic control impacts, high traffic flow is designated by the Public Works Director/City Engineer as unsafe for vending.
(C) Signs. The only signs permitted shall be a sign not to exceed three square feet which may be affixed to two opposite, parallel sides of a vehicle displaying, offering or storing goods or merchandise for sale.
(D) Number of vendors and sales persons. The city may limit the number of vendors at anyone location or within an area, or limit the number of sales persons or others engaged in the act of vending for anyone owner at the requested or approved location.
(E) Noise or music while parked. No noise or music shall be played, created or sounded while a vehicle is parked or stationary.
('81 Code, § 5.44.130) (Ord. 978, passed - -94 -94; Am. Ord. 1309, passed 7-7-21) Penalty, see § 121.99
This chapter shall not be applicable to:
(A) Any nonprofit organization, or person acting for it, with respect to the sale of any goods or merchandise constituting or making a statement carrying a religious, political, philosophical or ideological message relevant to the purpose of the organization;
(B) Vending operations conducted by a business which sells food on property it owns or leases, where the business occupied at least 10,000 square feet of enclosed floor area;
(C) The sale of newspapers, periodicals, pamphlets, booklets or other constitutionally protected material;
(D) Farmers markets, art shows, special events, street fairs and craft shows approved and designated by the city, except the requirements in § 110.64 shall still apply;
(E) Those delivery activities of any business with a fixed place of business which generally only delivers its products, services or goods to a specified address in response to a customer request, order or invoice previously made to that fixed place of business;
(F) The sale on private property of tools customarily delivered by truck or van.
('81 Code, § 5.44.140) (Ord. 978, passed - -94)
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