Sec. 16.86. - Cattle call vendors and sidewalk vendors.

Sec. 16.86.1.1.Cattle - call events.

The term "cattle call events" means any event held at Cattle Call Park or on North Plaza Street, South Plaza Street, Main Street, or any of them, wherein one or more of those streets are closed to vehicle traffic by the City of Brawley during the month of November of any year, and shall include, but are not limited to, the Brawley Cattle Call Rodeo; the Brawley Cattle Call Parade; the Chili Cook Off; and Mariachi Night.

The term "cattle call vendor" means a person who sells food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, trailer, showcase, rack, or other non-motorized conveyance or from one's person, at any Cattle Call Event.

The term "cattle call vendor" also includes any person who does not operate from a "fixed place of business," (as that term is defined below), who sells food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, trailer, showcase, rack, or other non-motorized conveyance or from one's person, upon a public sidewalk, pedestrian path, parking lot, or other open space within the City of Brawley, whether public or private, during the month of November of any year who has not already been licensed and operating as a sidewalk vendor in the City of Brawley for at least one quarter immediately prior to the month of November of the year in question.

The term "sidewalk vendor" means a person who is not a cattle call vendor and does not operate from a "fixed place of business," (as that term is defined below), who sells food or merchandise at retail from a pushcart, stand, display, pedal- driven cart, wagon, trailer, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, parking lot, or other open space within the City of Brawley, whether public or private.

The term "sidewalk vendor" shall include sidewalk vendors who move from place to place and stop only to complete a transaction and sidewalk vendors who operate from a fixed location, (other than a "fixed place of business" as that term is defined below).

The term "sidewalk vendor" shall not include a person who desires to sell food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, at any cattle call event.

The term "sidewalk vendor" shall not include a person who desires to sell food or merchandise at retail from a pushcart, stall, table, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person upon a public sidewalk, pedestrian path, parking lot, or other open space, whether public or private, during the month of November of any year who has not already been licensed and operating as a sidewalk vendor in the City of Brawley for one quarter immediately prior to the month of November of the year in question.

The term "sidewalk vendor" shall not include a person who desires to operate a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding cattle call events), or art walk, conducted within the City of Brawley, on City of Brawley property and properly permitted by the City of Brawley that offers for sale food, beverages, produce, crafts, art, goods, or services.

The term "regularly established place of business" as used in this article shall mean any building, room, stand or enclosure which is permanently affixed to the ground wherein food, beverages, goods, wares or merchandise, as in this section enumerated or contemplated, have been kept, displayed and offered for sale to the public distinct and separate from any other place of business or residence, and regularly kept open with some person in exclusive attendance thereat, for at least forty-eight hours of each and every week, during a period of six consecutive months.

(Ord. No. 2019-02, § 3, 5-21-2019)

For every cattle call vendor the fee shall be thirty-five dollars per day.

For every sidewalk vendor the fee shall be thirty-five dollars per quarter.

All persons who desire to operate a stall, booth, table or stand at a farmers' market, craft show, street fair, car show, sports tournament (excluding cattle call events), or art walk, conducted within the City of Brawley on City of Brawley property and properly permitted by the City of Brawley that offer for sale food, beverages, produce, crafts, art, goods, or services shall comply with section 16.116 of this article.

(Ord. No. 2019-02, § 3, 5-21-2019)

Obtaining a cattle call vendor's business license pursuant to section 16.86.2.1 shall not entitle a person to operate at a cattle call event without first complying with all other requirements imposed by the City of Brawley, the Brawley Cattle Call Rodeo Committee and/or the Brawley Chamber of Commerce on persons that wish to operate at cattle call events. The City of Brawley, the Brawley Cattle Call Rodeo Committee and/or the Brawley Chamber of Commerce are hereby authorized to impose restrictions on the number of cattle call vendors that shall be authorized to operate at cattle call events and are further authorized to impose restrictions on the type of food, beverages, and other merchandise that may be offered for sale

at cattle call events. The City of Brawley, the Brawley Cattle Call Committee and/or the Brawley Chamber of Commerce may likewise impose restrictions as to which cattle call vendors may offer particular types of food, beverages or merchandise at cattle call events.

Persons who have been properly licensed and operating as sidewalk vendors for at least one quarter prior to the month of November of the year in question shall not be required to obtain a cattle call vendor's business license to operate in the city other than at cattle call events during the month of November of that year. However, a licensed sidewalk vendor that desires to operate at a cattle call event must obtain a cattle call vendor's business license pursuant to section 16.86.2.1.

(Ord. No. 2019-02, § 3, 5-21-2019)