Morro Bay Municipal Code Ch. 5.36 Sales on Streets and Sidewalks

A. The council finds that the businesses in the downtown area, comprised of Morro Bay Boulevard and adjacent side streets, is a unique and special area of the city in which increased business activity is desired. The special area is herein specified in Exhibit 5.36.010, a map of the area incorporated herein by reference.

B. The council further finds that carefully controlled and restricted use of the public sidewalks by adjacent merchants for the display of merchandise may be beneficial to successful business operations and development, and therefore, to the welfare of the city in general. It is the intent of the council to regulate sales on the streets and sidewalks in order to ensure the safe and unobstructed passage of all pedestrians and motorists using the public right-of-way, and to maintain and enhance the aesthetic characteristics of the downtown area.

(Ord. 360 § 1, 1989)

No person shall leave, place or cause to be placed, any personal property upon any sidewalk, gutter, alley or street within the city, whether or not such property constitutes merchandise of any store, without first obtaining a city permit authorizing same. The "personal property" referred to in this section includes, but is not limited to, produce, merchandise, store boxes, store substances or materials, signs or any other object or implement of any class, kind or character. This section shall not be construed to prohibit parking of bicycles and vehicles where otherwise allowed.

(Ord. 360 § 2, 1989)

The community development director may issue use permits for sidewalk sales subject to the following conditions and limitations:

A. Applicants must possess a valid city business tax certificate and any necessary county health permits. Applicants must have a fixed place of business located within the special area denoted in Exhibit 5.36.010; street vendors not meeting this qualification are expressly prohibited from operating under the provisions of these permits.

B. Each permit shall expressly provide that sidewalk sales shall be limited to Fridays, Saturdays and three-day holiday weekends between the hours of eight a.m. and six p.m.

C. The applicant shall submit a site plan indicating the location of the operation, relative to surrounding buildings, parking lots and public rights-of-way, as well as such other information deemed necessary by the community development director.

D. Each permit shall expressly provide that any personal property or merchandise placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business.

E. Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times.

F. The permit shall terminate at the relocation, closure, or sale of business.

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G. Each permit shall specify all signage to be used in the conduct of the sidewalk sale; pedestal and/or A-frame type signage shall be permitted. Signage shall be allowed only for the purpose of stating that a sale is in progress or the price of items or articles for sale.

H. The community development director may approve a permit subject to additional conditions as he finds reasonable and appropriate. Each applicant shall pay the fee as set forth in the master fee schedule for each permit.

I. Each applicant shall secure and provide to the city a comprehensive public liability and property damage insurance policy naming the city as an additional insured in amounts and on the terms as approved by the city risk manager.

(Ord. 360 § 3, 1989)

(Ord. No. 595, § 43, 9-8-15)

As a further condition of any permit granted pursuant to this chapter, each applicant shall agree and shall sign a written agreement so stating as part of the permit granted, to hold the city harmless from, to defend the city against, and to indemnify the city from, all claims, demands and suits made against the city, its officers, or its employees, including attorney's fees and court costs incurred by the city arising from any act or omission on the part of the applicant, its officers, employees, subcontractors, agents, guests, invitees or those entities participating in any sales activities sponsored by the applicant, in the prosecution of activities authorized by the permit.

(Ord. 360 § 4, 1989)

Any permit issued pursuant to this chapter may be revoked by the city council upon the recommendation of the community development director and upon a finding that the performance of the permittee has been inconsistent with the provisions of this chapter and the permit.

(Ord. 360 § 6, 1989)