Sec. 5-23.08.  Conditions of street vendor permit.
   Every person to whom a street vendor permit is issued shall:
   (a)   Display the City-issued decal for the current calendar year on a conspicuous location on the vehicle for street vending visible to the general public;
   (b)   Obtain general liability insurance and automobile insurance for each vehicle, and keep in force during the term of the permit, public liability and bodily injury insurance, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without fifteen (15) days' prior written notice to the Finance Director. The insurance policy shall insure the street vendor and shall name the City as an additional insured of such vehicle against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such vehicle, or from violation of this chapter or of any other law of the state or the United States. The insurance policy shall be in the sum as determined by the City. The City may accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the City determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the City; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant;
   (c)   Obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business;
   (d)   Comply with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws;
   (e)   Comply with the following conditions, if using signs:
      (1)   Sign shall be placed on a vehicle displaying goods or merchandise for sale. This shall not apply to signs permanently affixed to a vehicle;
      (2)   Sign shall not exceed three (3) square feet; and
      (3)   No free-standing sign shall be placed on a public street or sidewalk.
   (f)   Notify the Finance Director immediately when any vehicle not described in the application for the permit is placed in service for street vending;
   (g)   Possess a valid city business tax certificate if owner of the street vendor business or self-employed;
   (h)   Immediately report a lost or stolen permit to the Finance Department;
   (i)   Return the permit to the Finance Director immediately on termination of employment or self-employment. A street vendor permit shall become void upon termination of employment or self-employment;
   (j)   Maintain a clean selling area and properly dispose of all trash generated by his/her operation. Each vending area must be cleared of all merchandise, vehicles, or other items which belong to or are used by the street vendor when not in use by the street vendor;
   (k)   Maintain each vehicle in safe operating condition, good repair, clean, and sanitary condition;
   (l)   Comply with Section 415 of Article 4 of Chapter 3 of Title 4 of this code regarding vending near schools;
   (m)   Comply with the California Retail Food Code as codified in Part 7 of California Health and Safety Code 113.700 et. seq., if vending food;
   (n)   Not vend within five hundred (500') feet of an area designated for a special event;
   (o)   Not vend in a park owned or operated by the City if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire;
   (p)   Not vend upon a street median;
   (q)   Not vend within one hundred (100') feet of the nearest curb on the cross street of any intersection of two (2) or more public streets, if there is no curb then one hundred (100') feet of the edge of the pavement of the cross street;
   (r)   Not vend within five hundred (500') feet of any freeway on-ramp or off-ramp as defined in the Vehicle Code;
   (s)   Not attempt to reserve any street or public parking area exclusively for themselves or their customer parking;
   (t)   Not occupy more than thirty (30') feet of parallel parking area on a street;
   (u)   Not vend during peak traffic hours and specified days and/or times as determined by the Public Works Director due to traffic safety concerns, parking shortages, repairs or needs for the street as listed on traffic and parking regulations page;
   (v)   Not vend upon any specific street, 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 as unsafe for vending as listed on parking and parking regulations page;
   (w)   Not vend or operate any noise-making device in a residential zone, except between the hours of 9:00 a.m. and 5:00 p.m., Pacific Standard Time, and between 9:00 a.m. and 7:00 p.m., Pacific Daylight Savings Time. No vendor shall remain in any one location for more than four (4) hours; and
   (x)   Not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered a violation of this code, unless previously reported as lost or stolen as indicated in this section.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)