Chapter 5.11 — VENDING—HAWKING—PEDDLING—SALES

Except as otherwise provided in this chapter, it shall be unlawful for any person to vend, sell, hawk or display for sale any merchandise, produce, goods, commodities or other personal property or services upon outdoor locations within the Town of Paradise without the possession and display of a valid Town of Paradise business license. This section shall not apply to any real property of a legally operated fixed place of business displaying its business inventory or services or any sales activities conducted in association with and on the same site as a public agency or any clubs, lodges, religious assembly or cultural services land uses as defined within Chapter 17.04 of this code.

(Ord. No. 551, § 1, 12-9-2014; Ord. No. 434, § 3, 3-8-2005)

Any person desiring to obtain a license shall make a written application to the planning director, upon such form as may be determined by the planning director. Such application shall be accompanied by evidence of authorization of the proposed outdoor sales activity from the affected property owner; and payment of such license fee as may be required and determined by the town council and adopted by resolution thereof.

(Ord. No. 434, § 3, 3-8-2005)

Any such license issued by the planning director shall be subject to the following conditions:

A.

Days and hours of operation may be limited as determined by the planning director based on general welfare and safety impacts of the licensee's activities.

B.

The permitted sales activities shall be limited solely to retail sales of "food concessions" and flowers.

C.

For the purpose of this section, "food concessions" shall mean fresh, processed, prepared or cooked food from a non-fixed place of business for public consumption.

D.

The licensee shall comply with all pertinent provisions of this title and all other applicable laws, rules and regulations, including the possession of a valid seller's permit issued by the California State Board of Equalization if legally required.

E.

Provide to the planning director verification of evidence that the Town of Paradise will be identified as the point-of-sale for all sales conducted within the town.

F.

Based on substantial evidence, the term of the license shall be limited to such period as the planning director shall fix, provided all licenses shall expire on December 31st of each year. A licensee desiring to continue operations under this chapter for a new or additional term must apply for and obtain a new license in the same manner as a new applicant in the first instance.

G.

No license shall be transferrable to another person or entity.

H.

The license shall be limited by such other conditions and requirements as may be deemed by the planning director to be reasonably necessary and in the public interest and welfare, including, but not limited to, the following:

Size of the display or sales area and its specific authorized location.

The number of vendors authorized at a specific location or site.

The licensee shall prominently display the town approved and issued license in a manner that can be easily viewed by all patrons.

I.

That any license issued shall be subject to revocation by the planning director, after providing due process to the licensee, in the event of any breach by the licensee of any such condition.

(Ord. No. 551, § 2, 12-9-2014; Ord. No. 434, § 3, 3-8-2005)

Editor's note— Ord. No. 644, § 1, adopted March 11, 2025, repealed § 5.11.035 which pertained to Paradise Downtown and other areas and derived from Ord. No. 606, adopted April 13, 2021; Ord. No. 551, adopted December 9, 2014; Ord. No. 474, adopted December 11, 2007; and Ord. 438, adopted July 12, 2005.

Except as otherwise provided in this chapter, it shall be unlawful in the town for any person to leave or cause to be left, place or cause to be placed, any personal property upon any sidewalk, gutter, alley, or

street of the town whether or not such property constitutes merchandise of any store. The personal property referred to in this section includes, but is not limited to, produce, merchandise, store boxes, store substances or material or any other object or implement of any class, kind or character. The town council may, by resolution, temporarily suspend the operation of this section for a limited period upon an occasion or event sponsored directly, or indirectly, by or for retail merchants having fixed places of business within the town and who desire to participate in such special occasion, program or event. Each application so approved shall be subject to, and limited in extent by the conditions and regulations established by the council in its resolution. Such resolution shall expressly provide the day or days and hours that such suspension shall be in effect. Any such suspension of the provisions of this section and all licenses related thereto shall be solely for the purpose of conducting retail sales.

(Ord. No. 434, § 3, 3-8-2005; Ord. 129 §5.11.040, 1985)

A.

For the purpose of this section "mobile vending sales facility" means a motorized vehicle or a trailer attached to a motorized vehicle used for the sale and retail distribution of food concessions or flowers.

B.

Mobile vending sales activities (ice cream vehicles, food concession vehicles and/or food trucks vending to construction sites) involves traveling from place to place on a roadway and the waving down or signaling of the person operating the mobile vending vehicle by a customer.

C.

Except as otherwise provided in this chapter, it shall be unlawful for an operator of a mobile vending sales facility to vend in a single location for a period to exceed thirty (30) minutes. For purposes of this subsection, a single location shall be deemed to be a place five hundred (500) feet or more from the last sale.

D.

No mobile vending sales activities shall be conducted between the hours of ten p.m. and six a.m. No mobile vending sales activities which produce or reproduce audible sounds for advertising purposes shall be operated between the hours of ten p.m. and seven a.m.

E.

Subject to all applicable provisions of this chapter, mobile vending sales activities may be licensed to permit sales at construction sites and on and along public and private roadways in the town.

(Ord. No. 606, § 2, 4-13-2021, eff. 5-13-2021; Ord. No. 434, § 3, 3-8-2005)

Editor's note— Ord. No. 606, § 2, adopted April 13, 2021, changed the title of Section 5.11.050 from "sales from vehicles" to "vending sales from mobile vehicles."

When a fundraising sale of any merchandise, produce, goods, commodities or other personal property or services is held or sponsored by a charitable or nonprofit organization based within the boundaries of the town, the town manager may grant a license to this organization without payment of a fee.

(Ord. No. 434, § 3, 3-8-2005)