A. No person shall own, control, operate, manage, lease, or contract with any other person for the operation of a cart in the city without an itinerant vendor permit. It is unlawful for any person to operate a cart in the city without having a current and valid itinerant vendor permit obtained from the city. A copy of the itinerant vendor permit shall be displayed in conspicuous view on each cart at all times business is conducted.
B. Every cart shall have the name, address, and telephone number of the holder of the itinerant vendor permit permanently affixed on both the left and right sides of the cart. Such information shall be in letters and numerals not less than four (4) inches in height and shall be in contrast to the color of the background upon which the letters are placed.
C. A written application for an itinerant vendor permit shall be filed with the city on a form provided by the city and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a sidewalk vendor;
2. If the operator or vendor is an agent of an individual, company, partnership, or corporation, the name and business address, phone number, and email address of the principal of such entity;
3. The name, address, and telephone number of the operator or vendor who will be in charge of any sidewalk vending activity and/or be responsible for the person(s) working at any cart;
4. The name, address, and telephone number of all persons that will be employed as sidewalk vendors;
5. The number of carts the sidewalk vendor will operate within the city under the itinerant vendor permit;
6. The location(s) in the city where the sidewalk vendor intends to operate;
7. The day(s) and hours of operation the sidewalk vendor intends to operate at such location(s);
8. A description of the type of food(s) to be sold from a sidewalk vendor selling food, whether such food(s) is prepared on site, whether such food will require a heating element inside or on the cart for food preparation, and the type of heating element if any;
9. A copy of the county health permit for each sidewalk vendor selling food by this chapter;
10. Whether the sidewalk vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor and, if roaming, the intended path of travel;
11. The dimensions of the sidewalk vendor's cart(s), including a picture of each cart operating under the itinerant vendor permit and any signs that will be affixed thereto;
12. Whether the sidewalk vendor will be selling food, merchandise, or both. If the sidewalk vendor is selling merchandise, a description of the merchandise to be sold;
13. To ensure the safety of residents and the merchantability of products sold by operators without a fixed place of business, prior to the issuance of an itinerant vendor permit, the applicant shall cause to be filed with the city a LiveScan background check conducted by the California Department of Justice within the three (3) months preceding the application date. The city shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location;
14. Proof that the sidewalk vendor possesses a valid California Department of Tax and Fee Administration seller's permit which notes the city as a location or sublocation, which shall be maintained for the duration of the sidewalk vendor's permit;
15. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any permit issued under this chapter public liability insurance and property damage insurance, including general commercial liability coverage in an amount not less than one million dollars ($1,000,000.00);
16. An acknowledgement that use of public property is at the sidewalk vendor's own risk, and the city does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities;
17. An acknowledgment that the sidewalk vendor will comply with all other applicable local, state, and federal laws;
18. A certification that under penalty of perjury, to the applicant's knowledge and belief, the information contained within the application is true and correct;
19. A list of all other cities or other jurisdictions in which the sidewalk vendor has operated a cart within the past twelve (12) months, whether a permit was required to operate, and, if so, whether the permit has been revoked in the past twelve (12) months; and
20. Any other relevant information required by the city manager, or the city manager's designee.
D. Such application shall be accompanied by the nonrefundable itinerant vendor permit application fee as established by resolution of the city council. (Ord. 444 § 1, 2024)