Chapter 5.18 — STREET VENDORS

It is found and declared that:

A.

The primary purpose of the public streets, sidewalks, and other public ways is for use by vehicular and pedestrian traffic;

B.

Reasonable regulation of vending on public ways is necessary to protect the public health, safety, and welfare; and

C.

The regulations contained in this chapter are not intended to prohibit or hamper speech which is protected by the First Amendment, but merely to regulate specific activities which are commercial in nature.

(Ord. 97-2 §1(part), 1997).

A.

"Motor vehicle" means any vehicle used for the displaying, storing, or transporting of articles for sale by a vendor which is required to be licensed and registered by the State Department of Motor Vehicles. The term includes trailers, trucks, and automobiles.

B.

"Public way" means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the interior and areas surrounding public buildings.

C.

"Special event" means any occasion including, but not limited to fairs, shows, exhibitions, city-wide celebrations, festivals, etc. within a specifically defined area of the city, for a period of time not to exceed three days.

D.

"Stand" means any newsstand, table, bench, booth, rack, handcart, pushcart, or any other fixture or device which is not required to be licensed and registered by the State Department of Motor Vehicles, and is used for the display, storage, or transportation of articles offered for sale by a vendor.

E.

"Vendor" means any individual, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to sell food, beverages, goods, or merchandise on any public way from a stand, motor vehicle, or from his or her person.

(Ord. 97-2 §1(part), 1997).

Except as otherwise specifically provided in the Municipal Code, it is unlawful for any vendor to sell, display, or offer for sale any food, beverage, goods, or merchandise on a public way within the city without first obtaining a license as provided in this chapter.

(Ord. 97-2 §1(part), 1997).

The application for a vendor's license shall contain all information relevant and necessary to determine whether a particular license may be issued, including, but not limited to:

A.

Full name, home address, permanent business address (if any), telephone number, driver's license number, three copies of a current full-face photograph, and proof of identity;

B.

A brief description of the nature, character, and quality of the food, beverages, goods or merchandise to be sold;

C.

The specific location, if any, at which the vendor intends to conduct business;

D.

If the vendor is employed by or is an agent of another, the name and business address of the principal/hiring person, firm, association, organization, company or corporation.

E.

If a motor vehicle is to be used in the vending business, a description of the vehicle together with the motor vehicle registration number and the license number;

F.

A complete listing of any other licenses or permits issued to applicant by the city within the past five years.

(Ord. 97-2 §1(part), 1997).

Any vendor applying to sell food or beverages shall be referred to the Fresno County health department to obtain a health permit from that agency in addition to the city vending license. The vendor's food or beverage equipment shall be subject to inspections by the city and the health department at the time of application and at periodic intervals thereafter.

(Ord. 97-2 §1(part), 1997).

A.

Not later than thirty days after the filing of a completed application for a vendor's license, the applicant shall be notified in writing by the license officer of the decision on the issuance or denial of the license. If the vendor applicant complies with all application requirements and is found to have no nonconformities that are reasonably related to sales on public ways in the city, the applicant shall be issued a vendor's license, provided that not more than four vendor's licenses shall be outstanding at any time. If a food and beverage applicant receives health department approval, then such applicant's vending license shall include a permit to sell food or beverages consistent with the permit issued by the health department.

B.

A vending license is valid for a period of one year from the date of issuance. No vendor may hold more than one vendor's license at any time.

C.

If more persons apply for a vendor's license than are available at that time, the applications shall be reviewed and issued by lottery.

D.

In granting licenses for vending from stands, the city will assign the vendor to a specific location specified in the license. Selection of the location will be by lottery.

E.

Any applicant denied a vending license may seek an appeal pursuant to Section 5.18.130 of this chapter.

(Ord. 97-2 §1(part), 1997).

Vendors wishing to conduct business at any special event shall apply to the city for a temporary vending license. Application for such a license must be made at least fifteen days prior to the beginning of the event. The license is valid only for the duration of the special event. Fees for such licenses shall be as specified in Section 5.18.080 of this chapter. Vendors granted a temporary license are subject to the same operating regulations as other vendors, except where otherwise specified.

(Ord. 97-2 §1(part), 1997).

Each vendor granted a license under this chapter shall pay an annual license fee of two hundred dollars. Vendors granted temporary vending licenses for special events shall pay a fee of thirty-five dollars per day of vending permitted.

(Ord. 97-2 §1(part), 1997).

No license shall be issued to an applicant unless the applicant furnishes proof of a public liability bond or insurance policy in an amount not less than fifty thousand dollars for property damage and injuries, including injury resulting in death, caused by the operation of the vending business.

(Ord. 97-2 §1(part), 1997).

A.

The license issued to a vendor shall be carried with the vendor at all times when he or she is engaged in the business of vending. If the vendor sells food or beverages, the health permit must also be displayed.

B.

Licenses shall be used only by the person to whom they were issued and may not be transferred to any other person.

(Ord. 97-2 §1(part), 1997).

A.

Stands. Vendor stands shall not:

Exceed eight feet in length, three feet in width, or seven feet in height;

Impede access to the entrance or driveway of any adjacent building;

Occupy more than half of the available sidewalk width or three feet of such sidewalk, whichever is less.

B.

Hours of Operation. Vendors may engage in the business of vending only between seven a.m. and nine p.m. All vending stands must be removed from public property during nonvending hours. When temporary vending permits are sought for special events, the applicant may request an exception to the usual hours of operation. All stands used for vending must be removed from public property during nonoperating hours.

C.

Handicapped Areas. No vendor shall conduct business within twenty feet of any handicapped parking space or access ramp.

D.

Removal of Trash. All trash or debris accumulating within one hundred feet of any vending stand shall be collected by the vendor and deposited in a trash container. All vendors selling food or beverages must provide trash receptacles adjacent to or as a part of their stands.

E.

Prohibited Areas.

A vending license issued pursuant to this chapter is valid only on the public ways of the city. The city may prohibit vendors from selling on specified public ways if it determines that such prohibitions are necessary for the protection of public health and safety.

Vendor stands and motor vehicles are prohibited within twenty feet of a fire hydrant, fire escape, bus stop, loading zone or driveway of a fire station, police station or hospital.

There shall be no vending within five hundred feet of any school between the hours of eight a.m. and four p.m. on school days.

F.

Noise. No vendor may sound any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention.

G.

Motor Vehicles. No vendor vending from a motor vehicle shall:

Stop, stand or park the vehicle within twenty-five feet of any intersection, within any other prohibited area, or during prohibited hours;

Conduct business in such a way as would increase traffic congestion or delay, constitute a hazard to life or property, interfere with an abutting property owner, or obstruct access to emergency vehicles.

H.

Pushcarts. Vendors utilizing pushcarts or other mobile, nonmotorized vending stands may only conduct business in each location for a period of thirty minutes at a time. At the end of that period, such vendors must move to a new vending location at least five hundred feet from the previous location. Pushcart vendors who do not adhere to these regulations will be considered fixed-location stand vendors, and will be assigned to a fixed location.

(Ord. 97-2 §1(part), 1997).

A.

Any license issued under this chapter may be suspended or revoked for any of the following reasons:

Fraud or misrepresentation in the application for the license;

Fraud or misrepresentation in the course of conducting the business of vending;

Conducting the business of vending contrary to the conditions of the license;

Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare;

Conviction of any crime involving moral turpitude while holding a vending license from the city;

Cancellation of health department authorization for a food or beverage vending unit due to uncorrected health or sanitation violations.

B.

Upon suspension or revocation, the city shall deliver written notice to the license holder stating the action taken and the reasons supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.

(Ord. 97-2 §1(part), 1997).

Persons who are denied licenses or whose licenses have been suspended or revoked may appeal by filing a written notice of appeal with the city council.

(Ord. 97-2 §1(part), 1997).

Licenses may be renewed, provided an application for renewal and license fees are received by the city no later than the expiration date of the current license. Applications received after that date shall be processed as new applications. The city shall review each application for renewal to determine that the applicant is in full compliance with the provisions of this chapter. If the application meets the above requirements, the city shall issue a new license, provided that no other qualified applications for such license are pending. In such event, the license shall be issued by lottery.

(Ord. 97-2 §1(part), 1997).