Del Mar Municipal Code Ch. 6.48 Commercial Use of Public Property

A. It is unlawful for any person to use public property as a site for the conduct of a commercial activity without first having obtained an Operations Permit: Use of Public Property, together with any other licenses or permits required by this Code. Uses of public property subject to the regulations of this Chapter, include, without limitation, the following:

1. The standing or parking of any motor vehicle, wagon, display, or pushcart on a sidewalk, street, or other public property from which commercial transactions are conducted.

2. Remaining at a fixed site on public property to conduct commercial transactions.

3. Use of public property for the location of signs, tables, chairs, or other business related items.

B. The following commercial activities are exempt from the provisions of this Chapter:

1. Newsracks.

2. Commercial filming.

3. Driving schools.

4. Persons delivering articles or services upon order of, or by agreement with, a recipient purchaser.

5. Charitable solicitations.

(Ord. No. 424)

The City Manager is authorized to issue Operations Permit: Use of Public Property, and to regulate activities related thereto.

The applicant shall pay the fees set, from time to time, by resolution of the City Council.

A. The permittee shall use only those locations designated in the permit.

B. The permittee shall use the designated property only for the purposes specified in the permit.

C. The permittee shall agree to hold the City of Del Mar harmless and indemnify the City of Del Mar from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use of the public property by the permittee or permittee's agents, employees, contractors, or guests.

D. The permittee shall give evidence of liability insurance in an amount determined by the issuing authority to be sufficient to deal with the maximum amount of potential liability related to permittee's use of the public property, on such additional terms as the issuing authority deems appropriate.

E. The issuing authority may require an additional bond to be posted as security for the performance of permittee's obligation to repair all public property damaged as a result of permittee's use of the public property.

F. Improvements to the public property shall become the property of the City at the expiration, abandonment, or termination of the permit, except, the permittee shall agree to restore the public property to its pre-permit condition, upon request of the issuing authority, in the event of the expiration, abandonment or termination of the permit.