(a) Every person to whom a sidewalk vendor permit is issued shall:
(1) Display the City-issued decal for the current calendar year on a conspicuous location on the human powered device or vending device visible to the general public;
(2) Obtain general liability insurance 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 sidewalk vendor and shall name the City as an additional insured against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the sidewalk vending device, 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;
(3) Obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business;
(4) Comply with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws;
(5) Comply with the following conditions, if using signs:
(i) Signs shall be placed on a human powered device displaying goods or merchandise for sale. This shall not apply to signs permanently affixed to a vehicle;
(ii) Signs shall not exceed three (3) square feet; and
(iii) No free-standing signs shall be placed on a public street or sidewalk.
(6) Notify the Finance Director immediately when any vending device not described in the application for the permit is placed in service for sidewalk vending;
(7) Possess a valid city business tax certificate if owner of the sidewalk vendor business or self-employed;
(8) Immediately report a lost or stolen permit to the Finance Department;
(9) Return the permit to the Finance Director immediately on termination of employment or self-employment. A sidewalk vendor permit shall become void upon termination of employment or self-employment;
(10) 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 sidewalk vendor when not in use by the sidewalk vendor;
(11) 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;
(12) Not vend from any structure, stand, display, showcase, rack, ground placed display, or human powered device which exceeds fifteen (15) square feet, and also not exceed a linear distance greater than five (5') feet, on any one side;
(13) Not occupy space on any sidewalk or path of travel in such a way that would impede upon the required sidewalk width or path of travel requirement pursuant to the federal Americans with Disabilities Act of 1990 (Public Law 101336) and other disability access standards;
(14) Not vend within five hundred (500') feet of an area designated for a special event;
(15) Not vend upon a street median;
(16) Not vend within one hundred (100') feet of the nearest curb on the cross street of any intersection of two or more public streets, if there is no curb then one hundred (100') feet of the edge of the pavement of the cross street;
(17) Not vend within five hundred (500') feet of any freeway on-ramp or off-ramp as defined in the Vehicle Code;
(18) Not vend within five hundred (500') feet of the property line of any public school between the hours of 7:00 a.m. and 4:00 p.m. on the days the public school is in session, unless approved by the City Engineer;
(19) 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; and
(20) Shall 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.
(b) In addition to the requirements imposed by this section, stationary sidewalk vendors shall be prohibited from vending 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 goods or merchandise by the concessionaire.
(Part 2, Ord. 1656-NS, eff. January 1, 2019)