Fremont Municipal Code Art. II Nonmotorized Vendors and Solicitors

(a) Any solicitor or vendor who will not use a motorized vehicle to sell or solicit must apply for a vending permit under this chapter with the finance department, revenue division, using a written application form to be furnished by the city, which shall set forth the following information:

(1) Name, birth date, and driver’s license or other government-issued photo identification card of the applicant;

(2) Permanent home address and telephone number, and local address and home and mobile telephone numbers, if available, of the applicant;

(3) A brief description of the nature of the applicant’s business and of the food, goods, wares, merchandise, publications, or other personal property or services that are the subject of the application;

(4) If employed, the name and address of the applicant’s employer and the exact relationship between the applicant and the applicant’s employer;

(5) The intended location of the vending or soliciting activities;

(6) Two passport-quality photographs of the applicant, which photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(7) If a vehicle is to be used, a description of the same, together with license number or other means of identification, proof of automobile insurance in a form and at levels of coverage acceptable to the city, and any additional vehicle identification or vehicle safety information that the director finds reasonably necessary;

(8) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor involving injury to person(s) or property, theft, fraud, sex crime, misrepresentation, or moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(9) A statement whether or not the applicant has failed to pay any judgment arising from or connected with the activities to be authorized by the permit;

(10) A statement whether or not the applicant has suffered revocation of any required permit;

(11) Agreement by the applicant to indemnify and hold harmless the city, its officers, employees, and elected officials 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;

(12) If the applicant is a minor under the age of 16 years old and employed, transported or supervised by another, the applicant must provide proof of registration with the State Labor Commission, pursuant to the California Code of Regulations Title 8, Section 13670 et seq., including amendments thereto;

(13) If the application involves the sale of food, produce, or any other item intended for human consumption, the applicant must provide valid health or other permit(s), issued by the appropriate agency, as required by applicable local, state or federal law;

(14) Proof of compliance with Chapter 5.05;

(15) Evidence of general liability insurance in a form and at levels of coverage acceptable to the city;

(16) Such other information as may be reasonably required by the director in order for him or her to determine the kind and character of the proposed vending or solicitation and whether such vending or solicitation is in the interest of, and not inimical to, the public welfare.

(b) All applications shall be submitted with payment of a nonrefundable fee established by resolution of the city council. Any application submitted without the application fee shall be deemed incomplete. (Ord. 06-2021 § 1, 6-15-21.)

(a) Application for Background Check. Each applicant for a vending permit under this article shall submit a Livescan fingerprint certificate and application fee in the amount established by resolution of the city council.

(b) Background Clearance. The city may issue a background clearance if:

(1) The owner’s information is complete;

(2) The owner has not made a material false statement;

(3) The owner has not committed a violation of any law related to theft, possession of stolen property, the sale of narcotics, or a crime involving moral turpitude within 10 years preceding the application date or a lifetime registration requirement;

(4) The background check does not reveal any information or findings relevant to vending or soliciting that indicate unsuitability due to public safety interests or concerns. (Ord. 06-2021 § 1, 6-15-21.)

All nonmotorized vending permittees shall be allowed to engage in their permitted business only between 8:00 a.m. and one half-hour after sunset in residentially zoned areas. In commercial and industrial zoned areas, nonmotorized vending permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Sunday, Monday, Tuesday, Wednesday, and Thursday until 2:00 a.m. on the following day. All nonmotorized vending permittees shall be allowed to engage in their permitted business between the hours of 5:00 a.m. on Friday and Saturday until 3:00 a.m. the following day in commercial and industrial zoned areas. (Ord. 06-2021 § 1, 6-15-21.)