Chapter 5.07 — MOBILE VENDORS

It is unlawful for any person to engage in the business of mobile vendor as defined in Section 5.04.010 of this title within the city limits without first obtaining a permit and license therefor as herein provided.

(Ord. 88-10 §1(part), 1988).

As used in this chapter:

"Mobile vendor" as defined in Section 5.04.010 of this title shall be classified as either Class I, Class II, or Class III vendors for licensing purposes pursuant to the provisions of this chapter, as follows:

A Class I mobile vendor for those vendors which sell or offer for sale hot, prepared, or cooked food and beverages (but excluding vendors of bakery goods or uncooked fruits or vegetables); a Class II mobile vendor for those vendors selling or offering for sale frozen foods, ice cream, snow cones, or ice; and, a Class III vendor for those vendors selling or offering for sale bread, bakery goods, or uncooked fruits or vegetables.

"Person" as used herein means and includes the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, partnership, or any other organization.

(Ord. 88-10 §1(part), 1988).

Applicants for a permit and license under this chapter must file with the city manager a sworn application in writing, in duplicate on a form to be furnished by the city manager and shall provide the following information:

A.

The name and description of the applicant;

B.

Applicant's address, phone number;

C.

A description of the nature of the business and the goods to be sold;

D.

If employed, the name and address of the employer, together with the credentials establishing the exact relationship;

E.

A description of the proposed vehicle, push cart, or conveyance from which sales are proposed to be made, including license numbers or other means of identification of each such vehicle;

F.

A photograph of the applicant and of the driver of the vehicle, taken within sixty days immediately proceeding the date of filing the application;

G.

A copy of the permit issued by the Fresno County department of health for the proposed business or, if the applicant does not possess such a permit, an explanation of the reasons why the said permit has not been

obtained.

(Ord. 88-10 §1(part), 1988).

Applications filed pursuant to this chapter and licenses issued hereunder shall be subject to the following procedures:

A.

After examination of applications, the city manager shall determine and designate each applicant as a Class I vendor, Class II vendor, or Class III vendor.

B.

All applications for a mobile vendor license shall be completed and filed with the city manager on or before December 1st, of the year preceding the year for which licenses are desired. Applications submitted after the filing deadline or applications which are submitted but are incomplete by the filing deadline shall be rejected and shall not be considered in the selection process.

C.

After the deadline the city manager shall review the application submitted and approve and issue licenses as follows: Class I licenses, not to exceed two; Class II licenses, not to exceed five; Class III licenses, not to exceed two. If applications for a particular class of license exceed the number of permitted licenses as described in this section, then the city manager shall award and issue licenses, based on completed applications, by random drawing giving preference to applicants which have local business addresses. If applications for a particular class of license are less than those permitted by this section, then the city manager shall award and issue licenses to applicants which have submitted completed applications. Thereafter, the city manager may award licenses on a first-come, first-serve basis until all available licenses for any class are issued.

D.

Licenses approved and issued in accordance with this section shall be valid for one year commencing on January 1st, and terminating on December 31st, of the year or on a later date when issued, of their issuance. Licenses are not automatically renewed and are subject to the annual application process described in this section. Each license shall permit the operation of a single vehicle, identified in the application. Unless earlier revoked, in the manner described hereinafter, licenses shall be valid for a period of not to exceed one year.

(Ord. 88-10 §1(part), 1988).

License fees for mobile vendor licenses shall be paid as described in Section 5.04.110(O).

(Ord. 88-10 §1(part), 1988).

No license issued under the provisions of this chapter shall be used at any time by any person other than the one to whom it was issued.

(Ord. 88-10 §1(part), 1988).

Following the issuance of business license, in the manner described in Section 5.07.040, the city manager shall issue a permit to each person possessing a business license, imposing such conditions pertaining to hours of operation, manner of conducting business and use of city streets as are not inconsistent with the provisions of this chapter.

(Ord. 88-10 §1(part), 1988).

No vendor, nor any person in his behalf, shall shout, make any cryout, blow a horn, ring a bell or use any sound device, including any loud speaking radio or sound amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods or wares which such licensee proposes to sell, unless otherwise allowed in the mobile vendor permit.

(Ord. 88-10 §1(part), 1988).

No vendor shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location, nor shall he be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this chapter, the judgment of a peace officer, or the city manager exercised in good faith, shall be deemed exclusive as to whether the area is congested or the public impeded or inconvenienced. Notwithstanding any other provision or law, no vendor shall park or remain stationary at any location in any public street, public place for more than thirty minutes in any two- hour period. The minimum distance that a vendor must move after having been parked or having been stationary is two hundred feet. No mobile vendor with a vehicle larger than a push cart shall operate along Fresno Street between Newmark and "H" Streets or along "J" Street between Fresno and Tulare Streets.

(Ord. 88-10 §1(part), 1988).

Vendors are required to exhibit their license and permit at the request of any citizen.

(Ord. 88-10 §1(part), 1988).

It shall be the duty of any peace officer or the city manager to require any mobile vendor seen selling and who is not known by such officer to be duly licensed, to produce his vendor's license and permit and to enforce the provisions of this chapter against any person found to be violating the same.

(Ord. 88-10 §1(part), 1988).

A.

Permits and licenses issued under the provisions of this chapter may be revoked by the license collector of the city after notice and hearing, for any of the following causes:

Fraud, misrepresentation or false statement contained in the application for license;

Fraud, misrepresentation or false statement made in the course of carrying on his business as peddler;

Any violation of this chapter;

Conviction of any crime or misdemeanor involving moral turpitude;

Conducting the business of mobile vendor in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.

B.

Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address at least five days prior to the date set for hearing.

(Ord. 88-10 §1(part), 1988).

Any person aggrieved by the action of the city manager in the denial a license application or in the issuance of a mobile vendor permit as provided in Section 5.07.040 of this chapter, shall have the right to appeal to the council of the city. Such appeal shall be taken by filing with the council, within fourteen days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The council shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided

in Section 5.07.120 of this chapter for notice of hearing of revocation. The decision and order of the council on such appeal shall be final and conclusive.

(Ord. 88-10 §1(part), 1988).

Any person convicted of violating any of the provisions of this chapter shall be guilty of an infraction, and shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. 02-02 §5, 2002: Ord. 88-10 §1(part), 1988).