Chapter 5.44 — Use of City Streets and Sidewalks for Sales of Food, Beverages or…

This chapter is adopted for the purpose of regulating private business transactions, particularly those involving the sale of food, beverages or merchandise and/or the renting of equipment or other things, on and from a city street or sidewalk.

(Ord. 679, 1998)

The Chief of Police, or the designee of the Chief of Police, shall have the primary responsibility for the administration of the provisions of this chapter. In carrying out such responsibilities the duties of the Chief of Police shall include, but not be limited to, acting on all applications for a permit authorizing the conduct of private business on and from a city street or sidewalk, and revocation of a permit where the permittee is conducting business in a manner that is 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. 679, 1998)

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the Chief of Police 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 Administrator 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 Administrator 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 Administrator shall consider the application and render a decision affirming, reversing or modifying the determination or action of the Chief of Police. Prior to rendering a decision, the City Administrator may, at his or her 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 Chief of Police and the person who filed the application for administrative review within a reasonable time prior to such hearing. After rendering a decision, the City Administrator shall promptly inform the Chief of Police 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 the Chief of Police Pending Administrative Review. Any determination made or action taken by the Chief of Police in accordance with this chapter, except for an order to stop work issued by the Chief of Police or the commencement or prosecution of work by the Chief of Police 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 Administrator on an application for administrative review of such determination or action.

(Ord 679, 1998)

Any person aggrieved by any decision rendered by the City Administrator pursuant to this chapter may appeal to the City Council.

(Ord 679, 1998)

Except as provided in this chapter, it is unlawful for any person to conduct business involving the sale of any food, beverages or merchandise and/or rental of equipment or other things on and from any city street, sidewalk without a permit issued or adopted in the manner hereinafter provided by this chapter.

(Ord 679, 1998)

Notwithstanding the provisions of this chapter to the contrary, a permit shall not be required to conduct business on a city street or sidewalk under the following circumstances:

A. Sales of food, 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 his or her employment;

B. 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;

C. Sales or rental of merchandise made by the owner or lessee of property adjoining a public right-of-way incident to the operation of that business, provided the merchandise is removed from the sidewalk when the business is closed, and provided the sidewalk is not blocked by the merchandise.

D. Sales of any food, beverages or merchandise and/or rentals of equipment or other things on and from city property for a period of time not exceeding three (3) days, when conducted during a community event sponsored by the local chamber of commerce, business improvement district, or other public and/or non-profit organization, and provided that the permit required by the sponsoring agency has been obtained.

(Ord. 679, 1998)

The Chief of Police may, by a permit issued in the manner hereinafter provided by this chapter, authorize business activity involving the sale of food, beverages or merchandise and/or the renting of equipment or other things, on and from a city street or sidewalk.

(Ord. 679, 1998)

Applications of a permit authorizing the sale of food, beverages or merchandise and/or the renting of equipment or other things on and from a city street or sidewalk shall be filed in the office of the Gridley Police Department, shall be in a form and contain the information prescribed by the Chief of Police, 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. 679, 1998)

Where the Chief of Police determines that a completed application has been filed for a permit and there are no grounds for denying such permit, he or she 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. 679, 1998)

A. Grounds for Denial. Provided an applicant has provided the comprehensive liability insurance and has otherwise complied with all other special conditions required by this chapter as conditions precedent to the issuance of such permit, the Chief of Police shall deny an application for a permit that is authorized by this chapter if and only if he or she determines that the equipment to be used by the applicant to store, convey, prepare and/or serve such food, beverage, or equipment to be sold or rented 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. Notice of Denial. Where the Chief of Police determines to deny an application for a permit, he or she shall promptly cause a notice of such determination to be served on the applicant. Such notice 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. Ord. 679, 1998

As a condition precedent to the issuance of a permit, the permittee 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 and 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 relating to an activity authorized by a permit issued pursuant to this chapter in the amount of at least $100,000.00, combined single limits. Such insurance shall be in a form satisfactory to the city's risk manager, shall include an endorsement naming the city and the city's officers, employees and agents as additional insureds under the coverage afforded, shall be primary with respect to any other insurance available to the city, shall contain a severability of interest (crossliability) clause and shall require the insureds to provide the city at least thirty days prior notice of cancellation. Proof of such insurance, also in a form satisfactory to the city's risk manager, shall be filed with the Chief of Police prior to the issuance of the permit. Ord. 679, 1998

As a condition of the issuance of a permit, the permittee shall conduct and carry out the permitted business activity only during the following times and in the following manner:

A. Hours of Operation. The business activities authorized by a permit issued pursuant to this chapter shall be conducted only between the hours of sunrise and sunset of each day.

B. Noise Restrictions.

1. No sound, including amplified music, shall be used for advertising purposes before 11:00 a.m. or after 8:00 p.m. of each day.

2. There shall be no sound, including amplified music, permitted if and when the primary business vehicle or fixture is not moving from one location to another.

C. Equipment. Equipment used to store, convey, prepare and/or serve the food, beverages or other merchandise for sale or rent 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 or sidewalk.

D. Litter. The person issued a permit pursuant to this chapter shall be responsible for maintaining free of litter or refuse attributable to the business, any street or sidewalk where such person is engaged in business.

E. Safety. No sales transactions shall be conducted from a vehicle that is not fully stopped and properly parked at the curb side.

F. Proof of Permits. The person conducting a business authorized by a permit issued pursuant to this chapter shall have available for inspection during business hours a copy of a such permit, as well as a copies of a license to do business in Gridley (issued pursuant to chapter 5.04 of Gridley Municipal Code), and if applicable, a permit to prepare and sell food and/or beverages (issued by Butte County Department of Environmental Health). Ord. 679, 1998

When acting on a permit authorized by this chapter, the Chief of Police may condition issuance of such permit on compliance with any special requirements which he or she determines are necessary to ensure that the equipment used to store, convey, prepare and/or serve the food, beverages, or other merchandise for sale or rent 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 or sidewalk. Ord. 679, 1998

The initial term of a permit shall be for a period of not more than one year, commencing' on the date such 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. 679, 1998

A. Grounds for Revocation. The Chief of Police may revoke a permit if he or she finds that (1) the permittee is engaged in business in a manner that poses or creates an immediate risk to public health and/or safety; (2) the permittee is engaged in business in a manner that is contrary to the terms and conditions of a permit authorized by this chapter, or is in violation of any other state or city law or regulation applicable thereto; (3) the permittee has been served with a notice by the Chief of Police advising the permittee of the violation and requiring correction thereof within a reasonable time as set forth therein; and (4) the permittee has not corrected the violation within the time set forth in such notice. However, the Chief of Police may revoke 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 Chief of Police within the preceding 12-month period.

B. Notice of Revocation. Where the Chief of Police determines to revoke a permit issued pursuant to this chapter, he or she shall cause a notice of revocation to be served on the permittee. Such notice shall state the reasons for the determination to revoke the permit and shall set forth the right of the person to whom the permit was issued to appeal such determination. Ord. 679, 1998

Any person, firm, or other business organization who conducts business subject to regulation by this chapter in violation of section 5.44.120 above orwho fails to obtain a permit as required by section 5.44.050 above shall be guilty of an infraction pursuant to section 1.08.040 of this Code. Ord. 679, 1998.