Laguna Niguel Municipal Code Art. 2 Permit Process

No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the city without first obtaining a sidewalk vending permit pursuant to this article. All persons associated with a sidewalk vending operation, including but not limited to, employees or independent contracts are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

To apply for a sidewalk vending permit, a person must file an application with the director, accompanied by a nonrefundable processing fee in an amount established by resolution of the city council. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:

(1) The legal name, current mailing address, and telephone number of the applicant;

(2) If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

(3) If the applicant will have employees, the name(s), current mailing address(es), and phone number of the person(s) that will be employed as stationary or roaming sidewalk vendor(s);

(4) The number of sidewalk vending operations the vendor intends to operate within the city;

(5) The days and hours of operation the applicant intends to operate;

(6) Whether the applicant intends to operate as a stationary or roaming sidewalk vendor;

(7) Description of the food or merchandise offered for sale;

(8) If a vendor of food or food products, certification to completion of a food handler course and proof of all required approvals from the Orange County Department of Public Health;

(9) A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code, which shall be maintained for the duration of the vendor's city permit;

(10) One of the following forms of identification, which upon collection, shall not be available by the city to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or comply with state law or state or federal court order:

a. A copy of the valid California Driver's License or identification Card issued to the vendor; or

b. A copy of the individual taxpayer identification number issued to the vendor.

(11) For stationary vendors, a site plan or description of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum clear width of 48 inches of accessible route area for pedestrian travel when considering the vendor equipment and anticipated customer queue, or other minimum clear width for pedestrian travel required by the Americans with Disabilities Act or other federal or state law with regard to disability access;

(12) A copy of general liability policy naming the city as additional insured, in the amount of $1,000,000.00, which shall be maintained for the duration of the vendor's city sidewalk vending permit;

(13) An acknowledgement that the vendor will comply with all generally applicable local, state and federal laws;

(14) Any other reasonable information regarding the time, place, and manner of the proposed vending;

(15) Certification by the applicant that the information contained in the application is true to his or her knowledge and belief;

(16) An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the city, and its officers, officials, employees, representatives, contract employees, and agents, harmless, from all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the city's issuance of a sidewalk vending permit, the city's decision to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the city in making its decision. This indemnification shall include, but shall not be limited to, damages awarded against the city, if any costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permitee, city, and/or the parties initiating or bringing such proceeding; and

(17) An acknowledgement that use of public property is at the vendor's own risk, and the city does not warrant or take any steps to ensure public property is safe or conducive to sidewalk vending operations.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

Within 30 calendar days of receiving a complete application, as determined by the director, or his or her designee, the director shall approve the issuance of a permit unless he or she determines that:

(1) Information contained in the application, or supplemental information requested from the applicant, is false in any material detail; or

(2) The applicant has failed to provide a complete application, after having been notified of the requirement to produce additional information or documents within 14 days of notification; or

(3) The applicant has failed to demonstrate an ability to conform to the operating standards set forth in section 5-7-45, Operating Requirements; or

(4) The applicant has failed to demonstrate it can comply with disability access or traffic safety provision of the Laguna Niguel Municipal Code, or any statute, ordinance or regulation of the State of California, the County of Orange, or any other public agency regulations adopted by reference by the city; or

(5) The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this chapter.

(6) The applicant has had a sidewalk vending permit or similar permit rescinded within the past twelve (12) months by the city.

If the permit is denied, written notice of such denial and the reasons therefor shall be provided to the applicant.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

A sidewalk vending permit shall be valid for 12 months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the city prior to the expiration of his or her active sidewalk vending permit.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

The director may rescind a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this chapter. A sidewalk vendor whose permit is rescinded may apply for a new sidewalk vending permit upon the expiration of the term of the rescinded permit.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

Any person aggrieved by the decision of the director to issue, deny issuance, or rescind a sidewalk vending permit may appeal the decision to the city council. The appeal shall be filed with the city clerk within 15 days following the date of the director's decision.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

No permit granted pursuant to this division shall be transferable.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)

The sidewalk vending permit shall, during the time such permitee is engaged in sidewalk vending, be worn constantly and conspicuously by the permitee on the front of his or her outer garment. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously display their permit on the front of his or her outer garment.

(Ord. No. 2020-206, § 6, 7-21-20; Ord. No. 2020-207, § 5, 8-4-20)