Part 3.2 — STREET VENDING

The following words and terms as used in this ordinance shall have the following meanings:

"Goods or Merchandise" include items and products of every kind and description, including all food and beverage items;

"Motor Vehicle" shall mean a motor vehicle as defined in the Vehicle Code of the State of California;

"Operator" shall mean any person owning, operating or otherwise controlling any business involving the vending of goods or merchandise from a vehicle;

"Person" shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature;

"Street" shall mean as defined in the California Vehicle Code, and shall include any street, road, highway, or other area open to the public for purposes of vehicular travel.

"Vehicle" shall mean as defined in the Vehicle Code of the State of California, together with any pushcart, wagon, bicycle, tricycle, or other wheeled container or conveyance whether or not moved exclusively by human power;

"Vend" or "Vending" shall mean the sale or offering for sale of any goods or merchandise on or from the street or from a vehicle parked, stopped, or standing upon a street.

"Vendor" shall mean any person who engages in the act of vending on or from the street or from a vehicle parked, stopped, or standing upon the street or who drives or otherwise operates any such vehicle for the purposes of vending therefrom.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92; Ord. 14-15, adopted 8-27-19)

It shall be unlawful for any person to vend on or from the street or operate any vehicle or conduct any business for the purposes of causing the sale or offering for sale of any goods or merchandise from any vehicle parked, stopped, or standing upon any public street in the City of Downey except in accordance with all applicable provisions of this Code and in compliance with each of the applicable following requirements:

• (a) Vending from a motor vehicle shall be only by means of motor vehicle duly licensed by the State of California for commercial purposes;

• (b) Vending from a motor vehicle shall be limited to public streets only and shall not be permitted upon any alley, parkway, sidewalk, or other public property;

• (c) Each operator shall possess and at all times display in conspicuous view a City of Downey Business Certificate;

• (d) Each operator shall possess and at all times display in conspicuous view an unexpired and unrevoked operator's permit;

• (e) It is unlawful for any vendor to sell or offer for sale any goods or merchandise pursuant to this section unless such person shall possess and at all times while conducting such vending maintain upon his or her person an unexpired and unrevoked vendor's permit;

• (f) It is unlawful for any operator to permit or allow any vendor under such operator's control, direction, charge, or employ to vend any goods or merchandise pursuant to this section unless such vendor possesses an unexpired and unrevoked vendor's permit;

• (g) Each vendor and operator shall comply with the provisions of Section 3161 of the Downey Municipal Code.

The provisions of this part shall not be applicable to any sidewalk vendor subject to the provisions of Part 3.1 of this chapter.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92; Ord. 19-1415, adopted 8-27-19)

Any person desiring to obtain an operator's permit to conduct or otherwise operate the business of vending goods or merchandise pursuant to this ordinance shall make application to the City's Finance Department. Such application shall be accompanied by a non-refundable application fee in such amount as established by Resolution of the City Council. Any such permit shall be required to be renewed annually and a separate non-refundable application fee paid yearly for such renewal application. Each applicant for an operator's permit shall furnish the following information and documentation, as applicable, as part of or in conjunction with such application:

• (a) The present or proposed address from which the business is to be conducted;

• (b) The full, true name under which the business will be conducted;

• (c) The full, true name and any other names used by the applicant;

• (d) The present residence and business addresses and telephone numbers of the applicant;

• (e) A description of the goods or merchandise which the business will vend;

• (f) The number of vehicles to be owned, operated, or controlled by the applicant and the make, body style, year, state license plate number, and names and addresses of the registered and/ or legal owner of each vehicle;

• (g) A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicle;

• (h) A certificate of insurance or other additional proof as may be required by the City Manager showing evidence of a public liability and property damage insurance policy protecting the operator and City, and their respective officers and employees from all claims for damage to property or bodily injury including death, which may arise from operating under the permit or in connection therewith. Such insurance shall provide coverage in an amount set by Resolution of the Downey City Council. Such insurance shall name as additional insured the City of Downey, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled without 30 days advance written notice to the City of Downey;

• (i) The full, true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/ or vendors and the respective capacities in which they will be employed or engaged as drivers of vehicles in conjunction with such business;

• (j) The applicant, if an individual, or each of the directors, officers, or stockholders holding more than 5% of the stock of the corporation; or each of the partners, including limited partners, or profit interest holders, managers, or other persons principally in charge of the operation of the existing or proposed business shall also furnish the following information:

  • (1) California Driver's License or Social Security Number of the above described natural persons;

• (2) Date of birth of the above described natural persons;

  • (3) The permit history of the above described natural persons for the three year period immediately preceding the date of the filing of the application, including whether such person, in previously operating in this or any other City, county, state, or territory, has ever had any similar license or permit, or franchise revoked or suspended; and if so, the circumstances of such suspension or revocation;

  • (4) All criminal convictions suffered by the above described natural persons, including ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a felony shall not be constituted as minor traffic offense), stating the date, place, nature, and sentence of each conviction.

• (k) The applicant, if other than an individual, shall also furnish the following information:

  • (1) Each business address of the applicant for the three year period immediately preceding the date of the application and the inclusive dates of each business;

  • (2) The nature of the business or firm for the three year period immediately preceding the date of the application;

  • (3) The permit history of the applicant for the three year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other City, county, state, or territory, has ever had any similar license or permit, or franchise revoked or suspended and, if so, the circumstances of such suspension of revocation;

  • (4) All criminal convictions suffered by the applicant including ordinance violations, stating the date, place, nature and sentence of each such convictions.

• (l) Such other identification and/or information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application;

• (m) When any change occurs regarding the written information required by this section, prior to or after issuance of a permit, the applicant shall give written notification to the Finance Director within two weeks after such change.

• (Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

Any person desiring to obtain a vendor's permit to engage in the vending of goods or merchandise or driving of a vehicle engaging in the vending of goods or merchandise, pursuant to this section shall make application to the Finance Director. Such application shall be accompanied by a non-refundable application fee in such amount as established by Resolution of the City Council. Any such permit shall be required to be renewed annually and a separate, non-refundable application fee paid yearly for such renewal application. Each applicant for a vendor's permit, or an operator or applicant for an operator's permit on behalf of such proposed vendor, shall furnish the following information and documentation, as applicable, as part of or in conjunction with such application:

• (a) The present or proposed address from which the business is to be conducted;

• (b) The full, true name under which the business will be conducted;

• (c) The full, true name and any other names used by the applicant;

• (d) The present residence address and telephone number of the applicant;

• (e) California Driver's License Number of the applicant or Social Security Number;

• (f) Acceptable written proof that the applicant is at least 18 years of age;

• (g) The applicant's height, weight, color of eyes and hair, and date of birth;

• (h) The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application;

• (i) The permit history of the applicant, for the three year period immediately preceding the date of the application, including whether such applicant, in previously operating in this or any other City, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation;

• (j) All criminal convictions suffered by the applicant, including ordinance violations, and traffic offenses;

• (k) Written proof satisfactory to the City Manager that the applicant is insured under the policy of insurance required for such business;

• (l) Such other identification and/or information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application;

• (m) When any change occurs regarding the written information required by this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the Finance Director within two weeks after such change;

• (n) If the applicant is an individual who intends to own, operate and drive his or her own vehicle, it is not necessary to pay a fee for the vendor permit application separate from the fee paid for the operator's permit application.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

The Finance Director shall refer all applications for operator's permits and vendor's permits made pursuant to this ordinance to the Chief of Police for investigation and recommendation. The Chief of Police, or his authorized representative, shall have a reasonable period of time in which to investigate the application and background of the applicant for an operator's permit or a vendor's permit. The Chief of Police, or his authorized representative, shall within 30 days after the date of filing of the application, render a written recommendation to the Finance Director as to approval or denial of the application for the permit.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

The Finance Director, within 10 days after receiving the application and aforementioned recommendation from the Chief of Police, shall grant the vendor's permit or operator's permit only if he or she finds that all of the following requirements have been met:

• (a) The required fees have been paid;

• (b) The application conforms in all respects to the provisions of this section;

• (c) The applicant has not made a material misrepresentation of fact in the application;

• (d) The applicant has fully cooperated in the investigation of the application;

• (e) 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 or vendor has not been convicted or pleaded nolo contendere or guilty, within five years prior to this application for a permit, to a misdemeanor or felony crime of moral turpitude or drug related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance specified in California Health and Safety Code Section 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure, or in the case of applications for a vendor's permit by a person who will be a driver of a vehicle pursuant to this ordinance, alcohol or drug related traffic offenses. The investigative City employee is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the California Penal Code. Any complaint for the above listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

If the Finance Director does not find that all of the requirements set forth in this ordinance as applicable have been met, he or she shall deny the application for the vendor's or operator's permit. In the event the application for the permit is denied by the Finance Director, written notice of such denial shall be given to the applicant specifying the ground or grounds for such denial. Notice of such denial of the application for the permit shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit. Any applicant whose application for a vendor's or operator's permit has been denied by the Finance Director may appeal such denial to the City Manager by filing a written notice of appeal with the Finance Director within 10 days following the date of service of the decision and payment of the appeal fee prescribed by Resolution of the

City Council.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

Any vendor's or operator's permit may be revoked by the Finance Director for any of the following reasons:

• (a) Falsehood of any information supplied by the permittee upon which issuance of the permit was based;

• (b) Failure of the permittee to notify the Finance Director 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;

• (c) Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this section;

• (d) Violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operations from a vehicle pursuant to the permit;

• (e) Violation by the permittee of any applicable provision or requirement of this ordinance;

• (f) No such revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the revocation. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the City Manager by filing a written notice of appeal with the Finance Director within 10 days following the date of service of such decision and payment of the appeal fee as prescribed by Resolution of the City Council. If a timely appeal is filed, the revocation shall be stayed and shall become effective only upon decision of the City Manager. Otherwise, the suspension or revocation shall become effective after the timely appeal period has expired;

• (g) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

Upon receipt of a timely appeal, the City Manager, or his designated representative, shall hear such appeal within 20 days following the date of such appeal and shall give the appellant not less than five days advance notice of the date of such hearing. The decision of the City Manager shall be based upon the same criteria as set forth in this ordinance which are applicable to the issuance of revocation of such permit. The appellant shall be notified of the decision of the City Manager by mailed, written notice. The decision of the City Manager shall be final. No revocation of a permit shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Manager's decision; however, no permit holder shall operate during any period of time in which the insurance coverage required by this ordinance is not in full force and effect.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)

The requirements of this ordinance shall not apply to:

• (a) Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise are being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.

• (b) Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the City of Downey to engage in such activity by a permit, lease, real property license, agreement, or other entitlements issued by the City for such purpose.

(Added by Ord. 905, adopted 6-26-90; amended by Ord. 950, adopted 10-13-92)