Chapter 5.16
SOLICITORS AND PEDDLERS

Sections:

5.16.010    Permit—Required.

5.16.020    Petition for permit—Contents.

5.16.030    Permit—Determination.

5.16.040    Prohibited conduct.

5.16.050    Permit—Suspension, revocation.

5.16.060    Fee for permit.

5.16.070    Exceptions.

5.16.080    Criminal conduct—Ineligibility for city licenses and permits.

5.16.010 Permit—Required.

Except as provided in Section 10.36.120, no person shall stand or maintain any cart, wagon, automobile or other vehicle on or in the public streets of the city for the purpose of selling or offering for sale from or in the cart, wagon, automobile or other vehicle any peanuts, popcorn, candy, soft drinks, ice cream, sandwiches, or other food, goods, wares and merchandise that are lawful under both federal and state law, except upon permit from the chief of police. (Ord. 1594 § 3 (part), 2014)

5.16.020 Petition for permit—Contents.

A. Whenever any person desires to stand or maintain any such wagon, cart, automobile or other vehicle for mobile vending purposes, the person shall submit an application for a permit on the form prescribed by the chief of police. The application shall set forth the name of the person desiring such permit, the character of the business to be conducted, the general location where and the hours during which it is proposed to stand and maintain such cart, wagon, automobile or other vehicle, and any other information sought by the chief of police to determine compliance with this chapter.

B. Neither the filing of any application for a permit, nor the payment of an application fee, shall authorize the vending from or the operation or management of a vending cart, wagon, automobile or other vehicle until such permit has been granted. (Ord. 1594 § 3 (part), 2014)

5.16.030 Permit—Determination.

A. The chief of police or his or her designated representative shall grant the permit only if he or she finds that all of the following requirements have been met and that applicant accepts his or her liability as set forth in subsection B of this section:

1. The required fees have been paid;

2. The applicant has obtained all other applicable federal, state, county and city permits or licenses, and is in good standing with the applicable issuing authority;

3. To the extent that the applicant may vend on private property, the applicant has obtained written permission of the private property owner and any applicable land use permits;

4. The application conforms in all respect to the provisions of this chapter;

5. The applicant has not knowingly made a material misrepresentation of fact in the application;

6. The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle, or a natural person employed or contracted with to be a driver is not disqualified from holding a city permit or license under Section 5.08.030;

7. The applicant has complied with Section 12.36.030, if the applicant intends to vend or operate within the boundaries set forth in Section 12.36.020;

8. The goods and/or services the applicant proposes to offer or sell from the vehicle are legal under both state and federal law.

B. Insurance and Indemnification Provisions.

1. Each permittee is solely responsible for any damage or liability occurring by reason of anything done or omitted to be done by the permittee or his or her agent, employee, servant or subcontractor, or in connection with any work, authority or jurisdiction delegated under any permit issued as a result of an application; and each permittee shall indemnify and hold harmless the city, its officers, agents, employees or servants from any and all loss and liability, including cost of defense and attorney fees, resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter.

2. It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending vehicle in the city for vending purposes unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each food vending vehicle, issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this chapter.

3. The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any food vending vehicle with the consent, expressed or implied, of such owner, driver or person against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property going out of the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars, combined single limit, no aggregate.

4. Every insurance policy and every certificate of motor vehicle liability insurance filed within the city pursuant to the provisions of this chapter shall contain the following endorsements:

a. This policy shall inure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the feasor or the insured.

b. There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon.

c. No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty days after written notice of such cancellation or reduction in coverage shall have been given to the chief of police. Said period of thirty days to commence running from the date said notice is actually received in the office of the chief of police.

C. If the chief of police or his or her designated representative finds that all of the requirements set forth in this section have not been met, he or she shall deny the application for a vendor’s permit. In the event the application for the permit is denied by the chief of police or his designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Any applicant whose application for a permit under this section has been denied may appeal such denial to the city council as provided by Chapter 1.20. (Ord. 1594 § 3 (part), 2014)

5.16.040 Prohibited conduct.

A. No person shall vend from a vending vehicle which is stopped, parked or standing on any public street, alley or highway:

1. Within a posted elementary or middle school zone while children are going to or leaving the school, and during school hours;

2. When the vending vehicle is parked in violation of any other provision of this code or the California Vehicle Code;

3. Within any marked commercial loading zone;

4. When any part of the vending vehicle is open to prospective customers other than on the side of the vehicle that is positioned opposite the adjoining travel lanes of the street, alley or highway;

5. When the vending vehicle is not stopped, parked or standing on the right side of the street, alley or highway;

6. When the prospective customer is standing or sitting in another vehicle;

7. When the prospective customer is located in that portion of the street, alley or highway which is open to vehicular traffic;

8. Within the boundaries set forth in Section 12.36.020 unless the vendor has complied with Section 12.36.030;

9. Within any residential zone between the hours of seven p.m. and seven a.m.;

10. When the posted speed limit on the public street, alley, or highway is greater than thirty-five miles per hour;

11. Unless otherwise authorized or restricted as part of the permit, within a distance as established in the table below from any of the following facilities: intersections, midblock pedestrian crossings, driveways, or bus stops:

Roadway Speed Limit

Distance from Facility

20 mph

125'

25 mph

150'

30 mph

200'

35 mph

250'

12. On any public sidewalk or pathway.

B. No person shall back a vending vehicle to make or attempt to make a sale.

C. No vending vehicle shall be operated in any one location for longer than the posted parking time limit.

D. Vending is prohibited out of the front, rear, or traffic side of the vehicle.

E. Tables and chairs are not allowed in the public right-of-way.

F. Lighting shall comply with the California Vehicle Code and the city’s municipal code (Chapter 17.23).

G. Except as required to ensure the safe operation of the vending vehicle while being operated on any public or private street, alley, or highway or public property, no person on a vending vehicle shall operate any horns, sound amplification systems or other sound-producing devices or music systems which can be heard outside of the vending vehicle when such vehicle is moving, stopped, standing, or parked for purposes of advertisement when such vehicle is being operated as a vending vehicle on any public or private street, alley or highway or on public property.

H. All vending vehicles shall be equipped with solid waste containers large enough to contain all solid waste generated by the operation of such vehicle, and the operator of the vending vehicle shall pick up all solid waste generated by such operation within a fifty-foot radius of the vehicle before such vehicle is moved.

I. Mobile vending on private property requires permission from the property owner and an administrative use permit approval (Section 17.08.010). Mobile vending on city property requires city approval in conjunction with a special event. (Ord. 1594 § 3 (part), 2014)

5.16.050 Permit—Suspension, revocation.

A. Any permit may be suspended or revoked by the chief of police or his or her designated representative for any of the following reasons:

1. Falsehood of any information supplied by the permittee upon which issuance of the permit was based;

2. Failure of the permittee to notify the chief of police within two weeks of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based;

3. Failure of the permittee or of any employees or subcontractors of the permittee to comply with the regulations set forth;

4. A finding by the chief of police that issuance of the permit or continued operation under the permit presents a threat to the public safety.

B. In the event the chief of police or his or her designated representative finds that any of the above grounds for permit revocation or suspension exist:

1. Written notice of proposed revocation or suspension of the permit shall be mailed to the permittee specifying the ground or grounds on which such proposed revocation or suspension is based.

2. The permittee shall be given no less than fifteen days from the date of mailing of said notice in which to deliver a response in writing to the chief of police. Any response shall specify any and all facts or information the permittee believes should be considered by the chief of police prior to any revocation or suspension of the permit.

3. If permittee does not timely respond to the notice provided, the revocation or suspension of the permit shall become effective on the sixteenth day following mailing of the notice.

4. If a timely response is received, the chief of police shall consider all information provided by the permittee and shall mail the final decision on any proposed revocation or suspension to the permittee within ten days of receipt of permittee’s response.

5. Any permittee whose application for a vendor’s or operator’s permit has been denied, revoked, or suspended may appeal the chief of police’s determination to the city council as provided by Chapter 1.20. (Ord. 1594 § 3 (part), 2014)

5.16.060 Fee for permit.

Application for a permit shall be accompanied by a nonrefundable fee as established by the council. The fee shall be in an amount sufficient fully to defray administrative cost incurred in the processing of an application, and shall not be in lieu of other fees or taxes, including business taxes, required by this code. (Ord. 1594 § 3 (part), 2014)

5.16.070 Exceptions.

The provisions of this chapter shall not apply to peddlers who travel along the streets of the city and who do not allow such cart, wagon, automobile or other vehicle to stand for a longer period than actually necessary to complete a sale as provided in Section 10.36.120. (Ord. 1594 § 3 (part), 2014)

5.16.080 Criminal conduct—Ineligibility for city licenses and permits.

The provisions of Section 5.08.030 shall be applicable to this chapter. (Ord. 1594 § 3 (part), 2014)