A. Upon acceptance of a properly completed and filed sidewalk vending permit application and receipt of an acceptable LiveScan report issued by the department of justice, the community development \department shall conduct a preliminary investigation to determine compliance with this chapter and shall make such determination within no more than thirty days of acceptance to approve or deny the application. The community development department shall provide the applicant with written notice of his or her decision to the address indicated in the application.
B. The community development director shall deny an application for a permit if he or she makes any of the following findings:
1. The applicant has failed to pay the application permit fee.
2. The applicant has made one or more material misstatements in the application for a permit.
3. The applicant does not have a valid social security card or valid California Driver's license; or valid individual taxpayer identification number; or a municipal identification number.
4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.
5. The applicant is required to register under the provisions of Cal. Penal Code § 290.
6. Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application.
7. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.
8. The applicant has had a sidewalk vending permit or similar permit revoked within the past three years in the city or any other jurisdiction.
C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.
D. If the community development director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.
E. Exemptions. A sidewalk vending permit shall not be required for the following activities:
1. The sale of agriculture products on the site where the product is grown.
2. Catering for private parties held exclusively on private property and not open to the general public.
3. Events permitted pursuant to a lawfully issued temporary use permit including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
F. Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. It shall be the permittee's sole responsibility to renew the sidewalk vending permit.
G. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
H. Display of permit. Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be worn constantly and conspicuously by the permittee on the front of his or her outer garment. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, constantly and conspicuously wear the permit on the front of his or her outer garments. (Ord. 2023-11-1545 § 3 (part), 2023)