Chico Municipal Code Ch. 14.60 Use of City Streets and Sidewalks for Sales of Food, Cut Flowers,…

This chapter is adopted pursuant to the municipal affairs provisions of the city charter for the purpose of regulating the sale of food, cut flowers, beverages, or merchandise and/or the renting of equipment or other things on and from a city street, sidewalk or other city property.

(Ord. 1925 §2 (part), Ord. 2287)

The term “director,” as used in this chapter, means the director of the public works department.

(Ord. 2364 §209, Ord. 2439 §101)

The director shall have primary responsibility for the administration of the provisions of this chapter. In carrying out such responsibilities the duties of the director shall include, but not be limited to, acting on all applications for a permit authorizing sales of food, cut flowers, or beverages on and from a city street or sidewalk, revocation of a permit where the permittee is selling food, cut flowers, or beverages on and from a city street or sidewalk contrary to the terms and conditions of such permit or is otherwise in violation of any state or city law or regulation applicable thereto.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2287, Ord. 2364 §210)

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the director pursuant to this chapter may apply for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for such administrative review shall be in writing and shall be filed in the office of the city manager no later than 15 days following the date such determination or action was made or taken, or where written notice of such determination or action is required to be served, the date such notice is served. However, the city manager may extend the time for filing an application for good cause shown. Each application shall identify the determination made or action taken for which review is sought, state the reasons why the applicant believes that such determination or action does not comply with the provisions of this chapter, and set forth the relief requested from such determination or action.

C. Decision on Application for Administrative Review. When an application for administrative review is filed under this section, the city manager shall consider the application and render a decision affirming, reversing or modifying the determination or action of the director. Prior to rendering a decision, the city manager may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time, and place of such hearing shall be given to the director and the person who filed the application for administrative review within a reasonable time prior to such hearing. After rendering a decision, the city manager shall promptly inform the director of the decision and shall cause a notice of the decision to be served on the person who filed the application for administrative review.

D. Stay of Determination Made or Action Taken by Director Pending Administrative Review. Any determination made or action taken by the director in accordance with this chapter, except for an order to stop work issued by the director or the commencement or prosecution of work by the director to remove or remedy a condition in a public right-of-way or public service easement which threatens the safety of life or property, shall be stayed pending a decision of the city manager on an application for administrative review of such determination or action.

(Ord. 2141 §2, Ord. 2268, Ord. 2364 §211)

Any person aggrieved by any decision rendered by the city manager pursuant to this chapter may appeal to the city council pursuant to Chapter 2.80 of this code.

(Ord. 2141 §2)

The term “central business district,” as used in this chapter, shall mean that portion of the city located between Big Chico Creek on the north, Little Chico Creek on the south, the centerline of Flume Street on the east and the centerline of Normal Street on the west.

(Ord. 1925 §2 (part))

Except as provided in this chapter, it is unlawful for any person to sell any food, cut flowers, beverages, or merchandise and/or to rent equipment or other things on and from any city street, sidewalk or other city property without a permit or franchise issued or adopted in the manner hereinafter provided by this chapter.

(Ord. 1925 §2 (part), Ord. 2287)

Notwithstanding the provisions of this chapter to the contrary, a permit or franchise shall not be required for the sale of food, cut flowers, beverages, or merchandise and/or the renting of equipment or other things from a city street, sidewalk, or other city property under the following circumstances:

A. Sales of food, cut flowers, beverages, or merchandise and/or rentals of equipment or other things within the boundaries of a city park or playground which is under the jurisdiction of the Bidwell Park and Playground commission and which requires a permit issued by the Bidwell Park and Playground commission in the manner provided for by the park rules adopted by or pursuant to Title 12 of this code;

B. Sales of food, cut flowers, beverages, or merchandise and/or rentals of equipment or other things within the boundaries of the airport or industrial park property which is under the jurisdiction of the airport commission and which requires a permit issued by the airport commission in the manner provided for by the airport rules and regulations adopted pursuant to Title 11 of this code;

C. Sales of any food, cut flowers, beverages, or merchandise and/or rentals of equipment or other things on and from city property when authorized by a lease or other agreement which transfers the right to occupancy and possession of such property to a third party;

D. Sales of food, cut flowers, beverages, or merchandise and/or the rentals of equipment or other things when undertaken by a city employee acting in the course and scope of the city employee’s employment;

E. Sales of merchandise, such as t-shirts or buttons, which bear a political, religious, philosophical or ideological message when such sale is conducted in connection with and inextricably combined with the distribution of literature, the verbal articulation of a point of view or the conduct of some other activity intended to gain support for a particular cause or idea; and

F. Sales of food, cut flowers, or beverages pursuant to a license granted under Chapter 14.70 authorizing the operation of an outdoor café.

(Ord. 1925 §2 (part), Ord. 2050 §2, Ord. 2258 §1, Ord. 2268, Ord. 2287, Ord. 2409 §3)

The director may, by a permit issued in the manner hereinafter provided by this chapter, authorize the sale of food, cut flowers, and beverages on and from all city streets and/or that portion of the city sidewalks and parking lots within the central business district; except as follows:

A. A permit issued by the director shall not authorize the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot within 300 feet of the exterior boundaries of any private or public school, save and except the campus of the California State University, Chico;

B. A permit issued by the director shall not authorize the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot within 200 feet of a city park or playground other than a park or playground within the central business district; and

C. A permit issued by the director shall not authorize the sale of food, cut flowers, and beverages from a place and during the times subject to an exclusive franchise granted by ordinance adopted by the city council in the manner hereinafter provided by this chapter except to the extent expressly authorized by such franchise.

D. A permit issued by the director shall not authorize the sale of food, cut flowers, and beverages from a place and/or under conditions as to constitute a health and safety risk or impediment to the travel of pedestrians, bicyclists, public safety vehicles, and other motorists.

(Ord. 1925 §2 (part), Ord. 1989, Ord. 2012 §4 (part), Ord. 2032 §1, Ord. 2136 §3, Ord. 2287, Ord. 2364 §212, Ord. 2480 §1)

Applications for a permit authorizing the sale of food, cut flowers, or beverages on and from a city street, sidewalk or parking lot shall be filed in the office of the director, shall be in a form and contain the information prescribed by the director and shall be accompanied by a permit fee in an amount established by resolution of the city council based on the estimated cost of processing the permit application and otherwise administering the provisions of this chapter.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2032 §2, Ord. 2136 §3, Ord. 2287, Ord. 2364 §213)

Where the director determines that a completed application has been filed for a permit which authorizes the sale of food, cut flowers, or beverages on and from a city street, sidewalk or parking lot and there are no grounds for denying such permit, the director shall approve the application and issue the permit subject to all of the general and special conditions hereinafter provided for by this chapter at such time as the applicant has provided the comprehensive liability insurance and otherwise complied with all other special conditions required by this chapter as conditions precedent to the issuance of such permit.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2032 §3, Ord. 2136 §3, Ord. 2287, Ord. 2364 §214)

A. Grounds for Denial. The director shall deny an application for a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot if and only if the director determines that the equipment to be used by the applicant to store, convey, prepare and serve such food, cut flowers, and beverages is unsafe and would present a danger to the general public using the city streets, sidewalks or parking lots, or would unreasonably block or obstruct the city streets, sidewalks or parking lots.

B. The director may also deny an application for a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot if the permittee has been served notice of repeated violations of any permit restrictions, operating in a manner constituting a health and safety risk, or operating in a manner as to impede the travel of pedestrians, bicyclists, public safety vehicles or other motorists.

C. Notice of Denial. Where the director determines to deny an application for a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot, the director shall promptly cause a notice of such determination to be served on the applicant. In such notice the director shall state the reasons for the determination not to approve the application and shall set forth the right of the applicant to appeal such determination to the city council in the manner provided for by Title 2 of this code.

(Ord. 1925 §2 (part), Ord. 2004 §17, Ord. 2012 §4 (part), Ord. 2032 §4, Ord. 2136 §3, Ord. 2287, Ord. 2364 §215, Ord. 2480 §2)

As a condition precedent to the issuance of a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot, the permittee shall obtain, provide proof of and, at all times following issuance of a permit, maintain in full force and effect, automobile liability, commercial general liability, or other insurance policies with the limits, deductibles, and conditions as required by the city’s administrative services director.

(Ord. 1925 §2 (part), Ord. 1932, Ord. 2012 §4 (part), Ord. 2032 §5, Ord. 2136 §3, Ord. 2287, Ord. 2364 §216, Ord. 2480 §3)

As a condition of the issuance of a permit authorizing the sale of food, cut flowers, or beverages on or from a city street, sidewalk or parking lot, the permittee shall conduct and carry out such sales only during the following times:

A. Sales and/or dispensing of food, cut flowers, or beverages shall be made from city streets and sidewalks within the central business district only between the hours of 6:00 a.m. and 2:30 a.m. of the following day;

B. Sales and/or dispensing of food, cut flowers, or beverages shall be made from public parking lots within the central business district only between the hours of 10:00 p.m. and 2:30 a.m.; and

C. Sales and/or dispensing of food, cut flowers, or beverages from city streets and sidewalks outside of the boundaries of the central business district shall be made only between 7:00 a.m. and 9:00 p.m.

(Ord. 2032 §6, Ord. 2136 §3, Ord. 2287, Ord. 2364 §217)

As a further condition on the issuance of a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot, the permittee shall conduct and carry out such sales only during the following times and in the following manner:

A. Signs advertising the food, cut flowers, and beverages to be sold shall be securely affixed to the vehicle or other equipment used to store, convey, prepare and serve the food, cut flowers, and beverages and shall conform to any size requirements provided for in Title 19 of this code.

B. Noise produced by any audio equipment or other device used to attract attention to the place where the food, cut flowers, and beverages is being sold shall not exceed the noise limits prescribed by state laws and regulations or Title 9 of this code.

C. Equipment used to store, convey, prepare and serve the food, cut flowers, and beverages to be sold shall be maintained and operated in a safe and sanitary manner and in a manner which does not unreasonably obstruct or interfere with the use of a city street, sidewalk or parking lot.

D. The person authorized to sell food, cut flowers, and beverages pursuant to such permit shall not operate in such matter where operations result in the impediment of travel for pedestrians, bicyclists, public safety vehicles, and other motorists.

E. Between the hours of 6:00 a.m. to 2:30 a.m. of the following day, sales of food or beverages shall not occur within 20 feet of any entrance to or exit from premises for which a license has been issued pursuant to Division 9 of the Business and Professions Code authorizing the sale or distribution of alcoholic beverages.

F. The person authorized to sell food, cut flowers, and beverages pursuant to such permit shall be responsible for maintaining that portion of any street, sidewalk or parking lot within 50 feet of the place at which such person is engaged in such sales free of any litter or refuse attributable to the sale of food, cut flowers, or beverages.

G. Sales of food, cut flowers, and beverages in a parking lot at the times authorized by this chapter shall only be made from a vehicle lawfully parked in such parking lot.

(Ord. 1925 §2 (part), Ord. 2032 §7, Ord. 2104 §1, Ord. 2136 §3, Ord. 2287, Ord. 2364 §218, Ord. 2480 §4)

When acting on a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot, the director may condition issuance of such permit on compliance with any special requirements which the director determines are necessary to ensure that the equipment used to store, convey, prepare, sell, or serve the food, cut flowers, and beverages is maintained and operated in a safe and sanitary manner and in a manner that does not unreasonably obstruct or interfere with the use of a city street, sidewalk or parking lot. The director may also condition issuance of such permit on compliance with any special requirements which the director determines are necessary to ensure that the operation of such equipment used to store, convey, prepare, sell, or serve the food, cut flowers, and beverages does not contribute to activity which constitutes a health and safety risk, or impedes the travel of any pedestrian, bicyclists, public safety vehicle or other motorist.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2032 §8, Ord. 2136 §3, Ord. 2287, Ord. 2364 §219, Ord. 2480 §5)

The initial term of a permit authorizing the sale of food, cut flowers, or beverages on and from a city street, sidewalk, or parking lot shall be for a period of not more than one year, commencing on the date such permit is issued and terminating one year from the date the permit is issued. At the end of the initial term, the permit may be renewed by the permittee for successive one-year terms by payment of a permit renewal fee on or before the date such permit expires in an amount established by resolution of the city council based on the cost of processing permit renewals and otherwise administering the provisions of this chapter.

(Ord. 1925 §2 (part), Ord. 2011 §1, Ord. 2012 §4 (part), Ord. 2032 §9, Ord. 2136 §3, Ord. 2287, Ord. 2364 §220)

A. Grounds for Revocation or Suspension. The director may revoke or suspend a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot if the director has found that: (i) the permittee is selling food, cut flowers, and beverages on and from a city street, sidewalk or parking lot contrary to the terms and conditions of such permit or is in violation of any other state or city law or regulation applicable thereto; (ii) the permittee has been served with a notice by the director advising the permittee of the violation and requiring correction thereof within a reasonable time as set forth therein; and (iii) the permittee has not corrected the violation within the time set forth in such notice. However, the director may revoke or suspend a permit without first serving the permittee with notice of the violation in the manner provided herein in any case in which the permittee has been served with two other notices of violation by the director within the preceding 12-month period.

B. Notice of Revocation or Suspension. Where the director determines to revoke or suspend a permit authorizing the sale of food, cut flowers, and beverages on and from a city street, sidewalk or parking lot, the director shall cause a notice of the revocation or suspension to be served on the permittee. In such notice the director shall state the reasons for the determination to revoke or suspend the permit and shall set forth the right of the person to whom the permit was issued to appeal such determination to the city council in the manner provided for by Title 2 of this code.

(Ord. 1925 §2 (part), Ord. 2004 §18, Ord. 2012 §4 (part), Ord. 2032 §10, Ord. 2136 §3, Ord. 2287, Ord. 2364 §221, Ord. 2480 §6)

The city council may, by ordinance adopted in the manner hereinafter provided by this chapter, approve a franchise which grants to a nonprofit corporation providing a service of general benefit to the Chico community, the exclusive right to use a portion of the city's streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things.

(Ord. 1925 §2 (part), Ord. 2287)

A. Form and Content of Applications. Applications for a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things shall be filed in the office of the director, shall be in a form prescribed by the director and shall contain the following information:

1. The name, address and principal officers of the nonprofit organization applying for the permit;

2. A description of all of the services provided to the Chico community by the nonprofit organization applying for the permit;

3. A description of the food, cut flowers, beverages, or merchandise and/or equipment or other things which the nonprofit organization purposes to sell or rent on and from city streets, sidewalks or other city property;

4. A description of that portion of the city streets, sidewalks or other city property upon which the nonprofit organization seeks to engage in the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, as well as a statement of the time, days of the week or dates on which such sales or rentals would take place; and

5. Such other information which may be required by the director.

B. Application Fees. Applications for a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things shall also be accompanied by a fee in an amount established by resolution of the city council based on the estimated cost of processing the application and otherwise administering the provisions of this chapter.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2287, Ord. 2364 §222)

Following the filing of a completed application for a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the director shall promptly prepare a proposed ordinance granting the franchise and shall forward the ordinance, together with a report of the director which sets forth the recommendations of the director thereon to the city clerk who shall schedule the application and ordinance for both an introductory reading before the city council and for a public hearing at which the city council can consider adoption of the ordinance, at the earliest dates practicable. Such proposed ordinance shall be in a form approved by the city attorney and shall briefly describe the nature of the goods to be sold or rented pursuant to the franchise, shall identify the city streets, sidewalks or other city property subject to the franchise, shall set forth the times, days of the week and/or dates that the franchise is to be in effect as well as the proposed term of the franchise, and shall include any special conditions of the franchise which the director is recommending to the city council.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2287, Ord. 2364 §223)

At least 10 days prior to the scheduled date of the public hearing on a proposed franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the director shall cause notice of the time and place of such hearing to be published once in a newspaper of general circulation within the city and shall cause written notice of the hearing to be served on each person having been issued a permit authorizing the sale of food, cut flowers, or beverages on and from a city street or sidewalk. In addition, where the proposed franchise will authorize the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things from a city street, sidewalk or other city property within the central business district, the director shall cause a written notice of the hearing on the proposed franchise to be served on the Downtown Chico Business Association and/or such other organization which represents merchants within the central business district.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2287, Ord. 2364 §224)

At the time and place set for hearing on an application for a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the city council shall consider the application, the proposed ordinance granting the franchise, the report and recommendations of the director thereon and any other matter bearing on the franchise, including any objections thereto. At the conclusion of the public hearing the city council may, at its discretion, approve the application and adopt the ordinance granting the franchise if the council finds that the applicant is a nonprofit organization providing a service of general benefit to the Chico community, and that the franchise would serve the public interest. Upon approving the application, the city council may also modify the proposed ordinance granting the franchise providing the council causes the modified ordinance to be re-introduced in the manner required by the city Charter prior to adoption.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2287, Ord. 2364 §225)

Upon approval of a franchise granting the exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the franchisee shall obtain and provide to the city a comprehensive general liability insurance policy from an insurance company licensed to do business in the state of California having a financial rating in Best’s Insurance Guide of at least “B,” which provides insurance coverage for all liabilities including death, personal injury or property damage arising out of or in any way related to the sale of the food, cut flowers, beverages, or merchandise and or rental of equipment or other things authorized pursuant to such franchise in the amount of at least $1,000,000.00 combined single limits. Such insurance shall be in a form satisfactory to city's risk manager, shall include an endorsement naming the city's officers, employees and agents as additional insureds under the coverage afforded, shall be primary and noncontributing with respect to any other insurance available to the city, shall contain a severability of interest (cross- liability) clause, and shall require the insurer to provide to the city at least 30 days prior notice of cancellation. Proof of such insurance, also in a form satisfactory to city's risk manager, shall be filed with the director prior to the date the franchisee exercises its rights under the franchise.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, 2287, Ord. 2364 §226)

Upon approval of a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the franchisee shall conduct and carry out such sales and rentals only from the following places, during the following times and in the following manner:

A. Sales of the food, cut flowers, beverages, or merchandise and/or rentals of equipment or other things authorized by the franchise shall take place only from the city streets, sidewalks or other city property subject to the franchise and only during the times and on the days of the week or dates authorized by the franchise.

B. Signs advertising the food, cut flowers, beverages, or merchandise to be sold and/or the equipment or other things to be rented shall be securely affixed to any vehicle or other equipment used in the sale of such food, cut flowers, beverages, or merchandise or in the rental of such equipment or other things, and shall conform to any size requirements provided for in Title 19 of this code.

C. Noise produced by any audio equipment or other device used to attract attention to the place where the food, cut flowers, beverages, or merchandise is being sold or where the equipment or other thing is being rented shall not exceed the noise limits prescribed in Title 9 of this code.

D. Equipment used in the sale of such food, cut flowers, beverages, or merchandise or in the rental of equipment or other things shall be maintained and operated in a safe and sanitary manner and in a manner that does not unreasonably obstruct or interfere with the use of any other city street, sidewalk or other city property, except in those cases when the franchisee has been issued some other permit or entitlement authorizing such obstruction or interference.

E. Between the hours of 6 a.m. and 2 a.m. of the following day, sales of food or beverages shall not occur within 20 feet of any premises for which a license has been issued pursuant to Division 9 of the Business and Professions Code authorizing the sale or distribution of alcoholic beverages.

F. The person authorized to sell food, cut flowers, or beverages pursuant to such permit shall be responsible for maintaining that portion of any street, sidewalk or parking lot within 50 feet of the place at which such person is engaged in such sales free of any litter or refuse attributable to the person's sale of food, cut flowers, or beverages.

(Ord. 1925 §2 (part), Ord. 2104 §2, Ord. 2287)

Unless otherwise provided in a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, such franchise shall confer upon the franchisee the additional right to grant licenses to other persons authorizing such persons to engage in the sale or rental of the goods described in the franchise on and from that portion of the city streets, sidewalks or other city property subject to the franchise at such times and on such days of the week or dates the franchise is in effect. Such licenses may be granted by the franchisee subject to the condition that the licensee pay to the franchisee a portion of the revenues received by the licensee from the sales or rentals authorized by the license. However, if any franchisee elects to grant such licenses, franchisee shall make the licenses available to all persons on a fair and equitable basis and without regard to race, color, creed, sex or national origin.

(Ord. 1925 §2 (part), Ord. 2287)

When approving a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things the city council may condition exercise of the rights granted by such franchise on any special requirements which the council determines are necessary to ensure that the franchise is carried out in a manner which benefits the general public and/or that the equipment used in such sales or rentals is maintained and operated in a safe and sanitary manner.

(Ord. 1925 §2 (part), Ord. 2287)

Following approval of a franchise granting an exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things, the director shall serve each person having been issued a permit to engage in the sale of food, cut flowers, and beverages on and from city streets or sidewalks with a notice advising such permittee of the franchise and of the terms and conditions thereof. Thereafter, no person having been issued a permit shall engage in the sale of food, cut flowers, or beverages on and from any city street or sidewalk subject to the franchise at those times and on those days of the week or dates when the franchise is in effect unless such sales are conducted pursuant to a license issued by the franchisee in the manner authorized by this chapter.

(Ord. 1925 §2 (part), Ord. 2012 §4 (part), Ord. 2136 §3, Ord. 2287, Ord. 2364 §227)

The city council may revoke any franchise granting the exclusive right to use a portion of the city streets, sidewalks or other city property for the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things if the city council, after considering the matter at a public hearing, notice of which is served on the franchisee, finds that the franchisee and/or any licensee of franchisee has repeatedly engaged in the sale of food, cut flowers, beverages, or merchandise and/or engaged in the rental of equipment or other thing on and from a city street, sidewalk or other city property in violation of the terms and conditions of the franchise or in violation of any other state or city law or regulation applicable thereto.

(Ord. 1925 §2 (part), Ord. 2287)

Issuance of a permit or approval of a franchise authorizing the sale of food, cut flowers, beverages, or merchandise and/or the rental of equipment or other things on and from a city street, sidewalk or other city property in the manner provided by this chapter shall not relieve the person or organization engaged in such sales or rentals from complying with the provisions of Chapter 3.32 of this code, which prohibits persons from transacting and carrying on any business in the city without procuring the license and paying the business license tax provided for therein; from complying with provisions of Chapter 5.38 of this code which prohibits persons from operating or maintaining a food facility within the city without a food facility permit issued by the health officer pursuant to that chapter, and/or from complying with any other state or city law or regulation applicable thereto.

(Ord. 1925 §2 (part), Ord. 2287)

Any violations of the provisions of this chapter, including any violations of the terms and conditions of a permit or franchise issued or approved in the manner provided by this chapter, shall be an infraction punishable by a fine in the amount provided for by Section 1505 of the City Charter.

(Ord. 1925 §2 (part), Ord. 2151 §8)