Earlier editions: 2026-07
Title 5 — Licenses and Regulations›Chapter 5.20 — MASSAGE THERAPY REGULATIONS
City of Industry Municipal Code Art. 5.24 Sidewalk Vending
City of Industry Municipal Code · 2026-10 edition · updated 2026-10-04 · City of Industry
Cite as: City of Industry Municipal Code Article 5.24 · Text as of 2026-10-04
§ 5.24.010. Purpose.¶
The purpose of this chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices; prevent safety, traffic, and health hazards; and to preserve the public peace, safety, and welfare of the community.
(Ord. 832, 10/24/2024)
§ 5.24.020. Definitions.¶
For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:
"Certified farmers' market"
means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code.
"City"
means the city of Industry.
"Director"
means the city engineer or designee thereof.
"Food"
means any type of human edible substance, including any food product or beverage.
"Merchandise"
means any goods or items that are not food. Merchandise does not include services.
"Person"
means one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit or any other activity.
"Roaming sidewalk vendor"
means a sidewalk vendor who moves from place to place and stops only to complete a transaction - and shall include any sidewalk vendor who is not a stationary sidewalk vendor.
"Sidewalk vendor"
means a person who vends from a vending cart or from one's person exclusively upon a public sidewalk or other public path or right-of-way provided for the exclusive use of pedestrians. A sidewalk vendor does not include any person who is selling services, nor any person selling from a motorized vehicle. A sidewalk vendor shall also not include any vendor whose operation (including the location of the vendor, equipment, vending cart, merchandise/food, or queue of customers) takes place, in whole or in part, in or upon any portion of a street, alley, parking lot, parking structure, dedicated bicycle path/lane, or any other public right-of-way used in whole or in part for vehicular travel, nor upon any parkway, roadway median, crosswalk, freeway on-ramp, or any privately-owned real property.
"Sidewalk"
means a public sidewalk, parkway, pedestrian path, or other public right-of-way provided for the exclusive use of pedestrians. A sidewalk shall not include streets, alleys, plazas, city-owned parking lots or structures, bicycle paths/lanes, or any other public right-of-way used in whole or in part for vehicular travel, nor any privately-owned real property.
"Stationary sidewalk vendor"
means a sidewalk vendor who vends from a fixed location.
"Swap meet"
means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code.
"Temporary special permit"
means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit or special event permit.
"Vend" or "vending"
means to barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase food or merchandise. Vend and vending does not include the offering or solicitation of services.
"Vending cart"
means a pushcart, stand, table, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending that is not a vehicle as defined in the California Vehicle Code. Vending cart does not include any motorized vehicle.
(Ord. 832, 10/24/2024)
§ 5.24.030. Permit required.¶
No person shall engage in, conduct, or carry on the business of sidewalk vending, or cause, permit or suffer a person to engage in, conduct, or carry on the business of sidewalk vending, without a permit issued under the provisions of this chapter. A separate permit shall be required for each person conducting or engaging in sidewalk vending. A separate permit shall also be required for each stationary location.
Exception. A sidewalk vending permit is not required for a certified farmers market, swap meet, or any activity or event authorized by a temporary special permit.
(Ord. 832, 10/24/2024)
§ 5.24.040. Permit application.¶
Every person, prior to engaging in, conducting, or carrying on the business of sidewalk vending shall file an application with the engineering department on a city-approved form. Such application shall be accompanied by a non-refundable application fee in an amount established by resolution of the city council, and shall contain, at a minimum, the following:
A. The legal name, date of birth, current mailing address and telephone number of the applicant;
B. If the applicant is an agent of a company, partnership, corporation, or other entity, the name and business address of the principal;
C. Whether the applicant is seeking authorization to operate as a roaming sidewalk vendor or a stationary sidewalk vendor;
D. A description of the food and merchandise the applicant proposes to vend;
E. A description of any vending cart the applicant intends on using in conjunction with the vending operation - including measurements of the height, width, and depth of the vending cart;
F. A description, map, or drawing of the areas and route in which the applicant proposes to vend;
G. The hours per day and the days per week during which the applicant proposes to vend;
H. If applying to be a stationary sidewalk vendor, a maintenance plan that includes litter pickup in the vicinity of the vending location;
I. A copy of a current and valid California seller's permit issued to the applicant by the California Department of Tax and Fee Administration pursuant to California Revenue and Taxation Code Section 6067 (or any subsequently adopted amendment thereto);
J. If the applicant proposes to vend food, a certification of completion of a food handler course and proof of all required approvals from the Los Angeles County Department of Public Health - including a copy of the applicant's current and valid Los Angeles County Health Permit;
K. A copy of the applicant's current, driver's license or identification card issued by the state of California, taxpayer identification number, or an identification card issued by another municipality;
L. Proof of comprehensive liability insurance in an amount not less than one million dollars. Such insurance shall name as additional insured the city of Industry, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without thirty days advance written notice to the city of Industry;
M. An agreement by the applicant to indemnify and hold harmless the city, its officers and employees, from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant's vending location;
N. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and
O. Any other reasonable information regarding the time, place, and manner of the proposed sidewalk vending activities.
| The applicant shall also submit a complete set of the applicant's fingerprints to the Los Angeles County Sheriff's Department, or designee thereof, in a manner and form approved by the Los Angeles County Sheriff's Department. The applicant shall pay for any fees for the fingerprints. Pursuant to California Penal Code Sections 11105 and 13300 , the city council explicitly authorizes the Los Angeles County Sheriff's Department and any city official authorized to enforce the provisions of this chapter to obtain such information as it relates to disqualifying convictions or conduct related to the crimes or offenses described in this chapter. |
|---|
(Ord. 832, 10/24/2024)
§ 5.24.050. Investigation and action upon permit application.¶
A. Determination of Completeness. The director shall, within fifteen calendar days, review the submission of any application for a sidewalk vending permit to determine if the application contains all of the requisite information set forth in Section 5.24.040. Any application that is missing information required pursuant to Section 5.24.040 or that is not accompanied by the requisite fee shall be deemed incomplete and shall not be processed by the director. In such case, the director shall issue a notice of incompleteness to the applicant specifying the information that is missing that has resulted in the incomplete application. Failure of the applicant to submit the missing information within thirty calendar days of the notice of incompleteness shall be deemed an administrative withdrawal of the sidewalk vending permit application by the applicant.
B. Investigation and Action. Upon receipt of a complete sidewalk vending permit application (and requisite fees), the director shall conduct a thorough investigation of the application and shall make a determination upon the application within sixty days of the director's determination of completeness. The director may request supplemental investigation, information, reports, and recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department or division of the city or other appropriate agency.
Notwithstanding the provisions of Title 17, Chapter 17.44 of this code, the director shall approve the issuance of a sidewalk vending permit unless he or she determines that any of the following disqualifications exist:
The applicant has failed to submit any of the information, documentation, and fees required pursuant to Section 5.24.040 of this chapter;
The applicant does not possess all federal, state, and local permits, licenses, certificates, and approvals required to engage in the activity in which the applicant seeks to engage;
The applicant has made one or more material misstatements or misrepresentations in the application or supplemental information provided by the applicant;
The applicant's proposed vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements set forth in this chapter;
The applicant has failed to demonstrate an ability to conform to the standards, conditions, or requirements set forth in this chapter;
The applicant has been convicted of any felony or misdemeanor offense involving moral turpitude within five years of the date of the application, or is otherwise still on probation or parole for a felony or misdemeanor involving moral turpitude;
The applicant has been convicted of any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058 within five years of the date of the application, or is otherwise on probation or parole for any offenses set forth in this subsection;
The applicant is required to register under the provisions of California Penal Code Section 290 (or an equivalent section in any other state);
If the application is for a renewal of a sidewalk vending permit or a subsequent permit, the applicant has failed to pay all previous administrative fines in connection with a previous violation of this chapter.
(Ord. 832, 10/24/2024)
§ 5.24.060. Denial of sidewalk vending permit.¶
If a sidewalk vending permit is denied pursuant to this chapter, the applicant shall be notified in writing of the denial of the permit, along with the grounds for denial. The notice shall also advise the applicant of the ability to appeal the denial in the manner set forth in Section 5.24.160(C) of this chapter. Notice shall be mailed to the applicant at the address listed in the application.
(Ord. 832, 10/24/2024)
§ 5.24.070. Term of permit.¶
A sidewalk vending permit issued pursuant to the provisions of this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.
(Ord. 832, 10/24/2024)
§ 5.24.080. Permit non-transferable.¶
A sidewalk vending permit issued pursuant to the provisions of this chapter shall not be transferable to any other entity or person.
(Ord. 832, 10/24/2024)
§ 5.24.090. Conditions imposed on permit.¶
Sidewalk vendors shall adhere to all operating requirements set forth in this chapter, and all restrictions, limitations, and operating requirements set forth in this chapter shall constitute conditions upon any sidewalk vending permit issued pursuant to this chapter.
(Ord. 832, 10/24/2024)
§ 5.24.100. General sidewalk vendor operating requirements.¶
All sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any sidewalk vending permit.
A. Stationary sidewalk vendors shall only conduct vending operations at the location approved by the engineering department, and shall display a city-issued sidewalk vending permit on the street-side portion of the city-approved vending cart, or if no cart is utilized, upon his or her person at all times while conducting vending operations.
B. Roaming sidewalk vendors shall only conduct vending operations along the route approved by the department of public works and engineering, and shall display a city-issued sidewalk vending permit on the city-approved vending cart — or, if no vending cart is utilized, a roaming sidewalk vendor shall keep the city-issued sidewalk vending permit upon his or her person at all times while conducting vending operations.
Roaming sidewalk vendors shall move continuously except when necessary to complete a sale.
Roaming sidewalk vending within residential areas of the city is prohibited between the hours of six p.m. and seven a.m. of the subsequent day.
C. Sidewalk vendors shall not vend in the following locations:
Within twenty-five feet of any street intersection;
Within twenty-five feet of any traffic control device (including traffic signals and traffic signs);
Within twenty-five feet of a fire hydrant or connection, fire call box, or other emergency facility;
Within three feet of the edge of any curb;
Within twenty-five feet of any driveway apron;
Within twenty-five feet of a marked crosswalk;
Within twenty-five feet of a curb return of an unmarked crosswalk;
Within twenty-five feet of a bus bench, bus shelter, or any public transportation waiting area or stop;
Within twenty-five feet of any entrance or emergency exit of any business during the hours that the business is open to the public or to persons having or conducting lawful business therein;
Within five hundred feet of any permitted certified farmers' market, permitted swap meet, or an area designated for use pursuant to a temporary special permit, during the operating hours or duration of the certified farmers' market, swap meet, or temporary special permit;
Upon any sidewalk in the city that is within five hundred feet of the nearest property line of any property on which a school building is located (irrespective of whether the school is located in the city) between the hours of seven a.m. and five p.m. of any school day;
Upon any sidewalk where parking is prohibited on the adjoining public street;
Within or on any median strip or dividing section of any street;
Within any parking lot or parking structure;
Within any landscaped area or on an unpaved surface;
Within any public property that is not set aside for the exclusive use of pedestrians;
Within any private property.
Upon any sidewalk where on-street parking is prohibited.
D. Sidewalk vendors shall not vend in a manner that blocks or obstructs the free movement of pedestrians on sidewalks, and must maintain a minimum of forty-eight inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices.
E. Sidewalk vendors shall not block any entrances to buildings, driveways, parking spaces, or windows.
F. Sidewalk vendors shall not vend to customers in vehicles unless said vehicles are lawfully parked, and shall not cause vehicles to stop in traffic lanes or persons to stand in traffic lanes.
G. Sidewalk vendors shall not use an open flame for the sidewalk vending operations.
H. Sidewalk vendors shall not sell, use, or vend any live animal(s), nor shall any sidewalk vendor vend adult-oriented material depicting, describing, or relating to specified anatomical areas or specified sexual activities [as defined by Section 17.08.005 of this code], alcohol, marijuana, or tobacco products that contain nicotine or any product used to smoke (or "vape") nicotine or marijuana.
I. Sidewalk vendors shall not use or operate, or permit to be played, used, or operated, any radio, receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound.
J. Sidewalk vendors shall maintain the area immediately surrounding the vending area in a neat, clean, orderly, and sanitary condition. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and lawfully dispose of all byproducts (including fats, oils, and grease) and litter generated by the vending operation (whether by the vendor or customer) within twenty-five feet of the vending location. Sidewalk vendors shall not cause, permit, or suffer any litter, food, or other discarded or abandoned object to be thrown, deposited, or left in or upon any street, sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the city.
K. Sidewalk vendors shall present, upon request, a valid California identification, sidewalk vending permit, and other applicable license or permit, to any city official, peace officer, or other person authorized to enforce the provisions of this chapter, as well as to any person to whom they are vending.
L. Vending carts or other accessory equipment shall not touch, lean against, or be affixed or fastened at any time to a building or to any pole, sign, tree, lamppost, parking meter, mailbox, traffic signal, hydrant, bench, bus shelter, newsstand, waste receptacle, or traffic barrier located in the public right-of-way.
M. Food, goods, merchandise, carts, and other equipment used in sidewalk vending activities shall not be left unattended or abandoned on the public right-of-way at any time.
(Ord. 832, 10/24/2024)
§ 5.24.110. Stationary sidewalk vendor operating requirements.¶
In addition to the general operating requirements set forth in Section 5.24.100 of this chapter, stationary sidewalk vendors shall comply with the following operating requirements and prohibitions, and each of these operating requirements and prohibitions shall constitute conditions of any sidewalk vending permit for a stationary sidewalk vendor.
A. Stationary sidewalk vendors are prohibited from operating or establishing in any area of the city zoned exclusively for residential use.
B. Stationary sidewalk vendors shall remove any vending cart used in the vending operation from the sidewalk each day at the close of business.
C. Stationary sidewalk vendors shall maintain a separation of at least twenty-five feet from any other stationary sidewalk vendor so as to allow for queuing and to prevent sidewalk congestion.
D. Stationary sidewalk vendors shall not cause, allow, or suffer the placement of fences, shade structures, umbrellas, other furniture, rugs, towels, fabric of any kind upon the sidewalk or upon private property in conjunction with the vending operation (whether for the display of goods or any other reason).
- An umbrella or other shade structure may be used in the sidewalk vending operations if attached to the vending cart and if it does not exceed the overall height of seven feet as measured from the sidewalk to the highest point of the umbrella or shade structure.
E. Stationary sidewalk vendors shall not cause, allow, or suffer the erection or placement of any signs upon the sidewalk.
F. Stationary sidewalk vendors shall not attach to or use any water lines, electrical lines, or gas lines during the vending operation. The use of flameless equipment may be used, subject to approval of the city (including the fire department).
G. No vending cart may exceed an overall height of five feet width of five feet and length of five feet, and may not include attachments such as balloons, streamers, ribbons, pinwheels, flags, and other visual marketing aids other than a sign attached to the vending cart that does not exceed or extend beyond the height, width, or length of the cart.
(Ord. 832, 10/24/2024)
§ 5.24.120. Operating requirements for sidewalk vendors within a park.¶
In addition to the general operating requirements set forth in Sections 5.24.100 and 5.24.110 of this chapter, and notwithstanding Section 9.31.130 of this code, sidewalk vendors shall, comply with the following operating requirements and prohibitions operating within a park, and each of these operating requirements and prohibitions shall constitute conditions of any sidewalk vending permit for a sidewalk vendor within a park.
A. Stationary sidewalk vendors are prohibited from operating within any portion of a city park for which the city has signed an agreement for concessions that exclusively permits the sale of merchandise or food by the concessionaire.
B. Stationary sidewalk vendors operating within a city park shall comply with all operating requirements and prohibitions set forth in Sections 5.24.100 and 5.24.110 of this chapter.
C. Sidewalk vendors shall not vend in the following locations within a park:
Within fifty feet of any recreational water feature or golf course, and historic building, while said area is in use; and
Within fifty feet of any restroom facilities.
D. Notwithstanding Section 5.24.100(C)(14), sidewalk vendors of merchandise may conduct sidewalk vending on unpaved portions of a park, so long as the vendor adheres to all other sidewalk vendor operating requirements and park regulations. However, sidewalk vendors of food may not conduct sidewalk vending on any unpaved portions of a park.
(Ord. 832, 10/24/2024)
§ 5.24.130. Removal of sidewalk vending items from public right-of-way.¶
A. Enforcement. Any official of the city or of the Los Angeles County Sheriff's Department with authority to enforce the provisions of this Chapter is authorized to remove food, merchandise, carts, and other equipment used in sidewalk vending activities in the city pursuant to this section and any policies, procedures, and guidelines promulgated and adopted by the city council.
B. Promulgation of Policies and Procedures. The city council will promulgate and adopt policies, procedures, and guidelines for the removal, subsequent retrieval, and disposal of food, merchandise, carts, and other equipment used in sidewalk vending activities that involve one or more of the following:
Unattended food, merchandise, carts, and other equipment on public property, in violation of Section 5.24.100(M) of this code;
Abandoned food, merchandise, carts, and other equipment on public property, in violation of Section 5.24.100(M) of this code;
Sidewalk vending of prohibited food or merchandise, in violation of Section 5.24.100(H) of this code;
Sidewalk vending without a current and valid sidewalk vending permit, in violation of Section 5.24.030 of this code;
Sidewalk vending of food without a current and valid permit as required and issued by the department of public health being displayed on the vending cart;
The food, merchandise, vending cart, and other equipment used in the sidewalk vending operation causes or contributes to a substantial obstruction to accessibility requirements on sidewalks or adjacent real property;
a. For purposes of this provision, "substantial obstruction" means providing less than forty-eight inches of accessible path of travel without obstruction, along the paved portion of any sidewalk or pedestrian path, so as to prevent persons to freely walk, run, or use mobility assistance devices upon that sidewalk or pathway, or that otherwise violates the Federal Americans with Disabilities Act of 1990 or other applicable disability access standards; or
- Sidewalk vending that constitutes an imminent and substantial safety or environmental hazard as determined by any official authorized to enforce the provisions of this chapter.
C. Retrieval. No person shall be authorized to retrieve food, merchandise, carts, and other equipment that have been removed from the public right-of-way pursuant to the provisions of this chapter without:
Demonstrating to the satisfaction of the director proof of ownership of the food, goods, merchandise, carts, and other equipment;
Paying any outstanding administrative fines issued for sidewalk vending activities in accordance with the provisions of this chapter; and
Paying any applicable removal and storage fees as adopted by resolution of the city council — or as otherwise assessed by the removing agency.
D. Disposal.
The city may immediately dispose of removed food or merchandise that cannot be safely stored or that are perishable.
The city may dispose of all removed food, merchandise, carts, and other equipment that does not qualify for disposal pursuant to subsection (D)(1) of this section, pursuant to the policies, procedures, and guidelines promulgated and adopted by the city council.
a. Said policies, procedures, and guidelines shall provide an opportunity to the owner(s) of any removed food, merchandise, carts, and other equipment the ability to challenge the removal and potential disposal of said food, merchandise, carts, and other equipment prior to the disposal of any such food, merchandise, carts, and other equipment.
(Ord. 832, 10/24/2024)
§ 5.24.140. Violations and penalties.¶
A. A violation of this chapter by a sidewalk vendor who has a current and valid sidewalk vending permit issued by the city pursuant to this chapter is punishable only by an administrative citation pursuant to Chapter 1.20 of Title 1 of this code, in the following amount:
One hundred dollars for a first violation.
Two hundred dollars for a second violation within one year of the first violation.
Five hundred dollars for each additional violation within one year of the first violation.
The city may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations, in accordance with the provisions of Section 5.24.150.
B. A person engaged in sidewalk vending without a current and valid Sidewalk Vending Permit issued pursuant to this chapter is punishable only by an administrative citation pursuant to Chapter 1.20 of Title 1 of this code, in the following amounts, in lieu of the amounts set forth in Subsection 5.24.140.A of this code:
Two hundred fifty dollars for a first violation.
Five hundred dollars for a second violation within one year of the first violation.
One thousand dollars for each additional violation within one year of the first violation.
Upon proof of a valid permit issued by the city pursuant to this chapter, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in subsection A above.
C. A violation of this chapter shall not be punishable as an infraction or misdemeanor, and a person alleged to have violated any provision of this chapter shall not be subject to arrest except when otherwise permitted under law. Further, failure to pay an administrative citation issued pursuant to this chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed.
D. Any administrative citation issued pursuant to this chapter shall be accompanied with notice of and instruction regarding the citee's right to request an ability-to-pay determination. When assessing administrative citations pursuant to this chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
E. If the person meets the criteria described in subdivision (a) or (b) of California Government Code Section 68632, the city shall accept, in full satisfaction, twenty percent of an administrative citation imposed pursuant to this chapter.
(Ord. 832, 10/24/2024)
§ 5.24.150. Rescission of sidewalk vendor permit.¶
The director shall summarily rescind a sidewalk vendor permit issued to a sidewalk vendor for the term of the permit upon a fourth or subsequent violation of this chapter within a twelve month period, in accordance with the procedures outlined in this section.
Upon determining that a holder of a sidewalk vendor permit has committed a fourth or subsequent violation of this chapter within a twelve month period, the director shall serve a written order of rescission upon the permittee stating the grounds for rescission and the permittee's right to appeal the order of rescission. The order shall also set forth the effective date of the rescission and the duration of the rescission. The order of rescission shall be served upon the permittee at the address listed on the sidewalk vendor permit application via first class mail. Failure of the permittee to receive an order of rescission that was served in accordance with this section shall not invalidate the order of rescission.
(Ord. 832, 10/24/2024)
§ 5.24.160. Ability to pay determinations and appeals.¶
A. Ability to Pay Determination. Any person issued an administrative citation pursuant to this chapter may request a determination on the person's ability to pay the administrative fine. The person may request an ability-to-pay determination at any time prior to payment of the fine, including when a fine is delinquent or has been referred to a comprehensive collection program.
- The director or hearing officer shall reduce the fine to twenty percent of the total if the citee meets either of the following criteria:
a. If the citee is receiving public benefits under Government Code Section 68632(a); or
b. If the citee has a monthly income which is one hundred twenty-five percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.
B. Appeal of Administrative Citation. Any person issued an administrative citation pursuant to this chapter shall have the right to appeal the issuance of the administrative citation in accordance with and the time limits set forth in the provisions of Chapter 1.20 of Title 1 of this code.
- Notwithstanding the provisions of Chapter 1.20 of Title 1 of this code, upon the submission of proof of a valid permit issued by the city pursuant to this chapter, any administrative fine imposed upon a sidewalk vendor who did not have a valid permit at the time the administrative citation was issued shall be reduced in accordance with Section 5.24.140(B)(4) of this chapter.
C. Appeal of Denial or Rescission of Sidewalk Vending Permit.
- Any person who has been denied a sidewalk vending permit or who has had a sidewalk vending permit rescinded by the director pursuant to the provisions of this chapter may appeal such determination to the city manager, or designee thereof, by filing a request for an appeal with the city clerk, and tendering a filing and processing fee as set by resolution of the city council, within ten business days of service of the notice of such denial or order of rescission. The request for an appeal shall contain, at a minimum, the following:
a. The name, current mailing address, and telephone number of the appellant;
b. The date of denial or rescission by the director;
c. A statement as to all grounds for appeal in sufficient detail to enable the city manager, or designee thereof, to understand the nature of the controversy; and
d. The signature of the appellant under penalty of perjury as to the contents of the request for appeal.
- Appeal hearings shall be conducted before the city manager, or designee thereof, in the same manner as set forth under the provisions of Sections 1.20.110 through 1.20.120 of this code. The determination of the city manager, or designee thereof, is final and binding.
(Ord. 832, 10/24/2024)
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