The City of Visalia shall prepare an application form for a sidewalk vendor permit. City may charge a fee based on the costs of the application. Sidewalk vendors must annually renew their sidewalk vendor permit and the business tax certificate must be renewed and paid separately from the sidewalk vendor permit. The form shall require the following items:
A. The name and current mailing address of the person requesting the sidewalk vendor permit. If the person is an agent of an individual, company, partnership, or corporation, then the person must submit the name and business address of the principal. As part of the sidewalk vendor permit the person must also obtain a business tax certificate from the City of Visalia.
B. Submit valid identification for the person to be issued and that will be responsible for the sidewalk vendor permit. Valid identification shall be a California driver's license or identification number, or a taxpayer identification number, a social security number is not required for valid identification. Any social security number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the applicable permit/license or comply with state law or applicable court order.
C. A description of the merchandise that will be offered for sale or exchange.
D. All sidewalk vendor applicants must submit with the sidewalk vendor permit application, copies of insurance certificates, listing the City of Visalia as additional insured that meet the same insurance requirements for encroachment permits to operate within the City of Visalia public right-of-way.
E. If the applicant intends to be a stationary sidewalk vendor, then the applicant as part of obtaining the sidewalk vendor permit shall apply for a public right-of-way vendor encroachment permit, which is part of the sidewalk vendor permit issued to stationary sidewalk vendors and not a separate permit. This requires the submission of the following:
1. A proposed site plan showing the planned location and what will be utilized by the stationary vendor in the public right-of-way as the stationary cart. City may reject stationary vendor site plans that do not allow adequate space for pedestrian access.
2. The proposed area around the stationary cart that the stationary sidewalk vendor will be responsible for maintaining from trash and debris due to their vending operation.
3. An acknowledgment from the stationary sidewalk vendor that they are not permitted to permanently install anything within the public right-of-way.
4. Stationary vendors must acknowledge that they have no permanent rights to utilize public property and are subject to temporary or permanent closure if the city requires the use of the right-of-way for a municipal purpose, which includes but is not limited to usage of the space by persons holding valid rights under franchises, or if another permitted use, other than another sidewalk vendor, requires the space on a temporary basis.
5. The community development director or that person's designee shall review the public right-of-way vendor encroachment permit application prior to issuance and may require modifications of specific site proposals to meet objective health, safety, or public welfare concerns.
6. Any stationary vendor seeking to utilize park property will also be subject to review by the parks and recreation department director, or that person's designee. Vendor permit applications are subject to denial if the proposed location would interfere with the public's use and enjoyment of natural resources or recreational opportunities, such as blocking equipment, sports fields, or walkways. Vendor permit applications may also be denied if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, which may include limiting the total number of vendors allowed in a park.
7. Stationary vendors must acknowledge that if they seek to utilize private property and not the public right-of-way then they shall be subject to separate applicable rules regarding usage of the private property and subject to all applicable zoning requirements concerning usage of private property.
F. If the applicant intends to be a roaming sidewalk vendor, then the applicant shall include the proposed areas of the city that the vendor intends to operate within. Roaming sidewalk vendors are not permitted on private property without the written permission of the property owner. Roaming vendors seeking to utilize park property will also be subject to review by the parks and recreation department director, or that person's designee, and vending in certain parks or park locations may be denied or restricted if necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park, which may include limiting the total number of roaming vendors that are allowed in a specific park.
G. The seller's permit (issued by the California Department of Tax and Fee Administration) number, if required, for the person requesting the sidewalk vendor permit.
H. If the sidewalk vendor will be selling food, then the person must submit proof that they have completed all requirements for selling food as required by the Tulare County Environmental Health Department prior to being issued a sidewalk vendor permit from the City of Visalia. In order to avoid potential risks to the health, safety, and welfare of the public it is hereby declared to be a public nuisance for a sidewalk vendor to sell food without complying with all required food safety and licensing requirements that are required by state and local law.
I. The application must be signed by person requesting the sidewalk vendor permit and certifying that to that person's knowledge and belief the information contained on the form is true.
(Ord. 2019-05 § 3 (part), 2019)