Article IV — General Pushcart Regulations

The city council may, by city council resolution, establish development and/or operations standards for the regulation of pushcarts within the city of Paso Robles.

(Ord. 654 N.S. Exh. A (part), 1993)

No permittee shall sell any merchandise to any person who is in a motor vehicle at the time of sale.

(Ord. 654 N.S. Exh. A (part), 1993)

Every permittee shall at all times have a valid business license. Every permittee shall also comply with applicable California Health and Safety Code sections.

(Ord. 654 N.S. Exh. A (part), 1993)

Permits issued under this chapter cover only the permittee to whom they are issued; shall not be sold, assigned or transferred without the new applicant first receiving approval and a pushcart permit pursuant to this chapter.

(Ord. 654 N.S. Exh. A (part), 1993)

No permittee shall employ or have any moveable or permanent stands, tables, chairs or devices other than the permitted pushcart and one chair for the permittee situated at any approved location.

(Ord. 654 N.S. Exh. A (part), 1993)

Business license fees for pushcarts operated by a person with a fixed business location within the city are to be included within the fee paid for the fixed location. Business license fees for pushcarts operated by a person who does not have a business with a fixed location within the city shall pay a business license fee for a peddler as established by the city council. Pushcart operators shall have a state resale number with a Paso Robles address, and the city of Paso Robles shall be registered as "point of sale" for all sales occurring from pushcarts operating within the city of Paso Robles.

(Ord. 654 N.S. Exh. A (part), 1993)

As a condition to receiving his permit, every permittee shall execute an agreement holding the city and its employees and agents harmless from any liability arising from the use of the permit and/or operation of the pushcart.

(Ord. 654 N.S. Exh. A (part), 1993)

Every permittee, at his sole cost and expense, and during the entire term of his permit or any renewal thereof, shall obtain and maintain all of the following minimum insurance requirements for pushcarts located on a public way:

(a)

Comprehensive general liability insurance with a minimum of five hundred thousand dollars combined single limit for bodily injury and property damage, including at least the following coverages:

(1)

Premises operation,

(2)

Vendor's liability,

(3)

Product liability;

(b)

Comprehensive automobile coverage for any and all motor vehicles used in the conduct of the business covered by the permit, with a minimum limit of five hundred thousand dollars combined single limit for bodily injury and property damage. This coverage shall apply to all loaned, leased, hired and nonowned motor vehicles used in the business;

(c)

A worker's compensation policy, for any and all employees of the permittee, including the following coverages:

(1)

The statutory limit of coverage (under coverage A) for worker's compensation,

(2)

One hundred thousand dollars liability (for coverage B), employer's liability;

(d)

All policies shall be issued by a company licensed to do business in the state of California and subject to the jurisdiction of the State Insurance Commissioner and contain the following endorsements:

(1)

"The City of El Paso de Robles, its employees, officers, agents, contractors, and invitees, are hereby added as additional insureds,"

(2)

"This policy shall be considered primary insurance as respects any other valid and collectible insurance the city may possess, including any self-insured retention the city may have, and any other insurance the city does possess shall be considered excess insurance only,"

(3)

"This insurance shall act for each insured and additionally insured as though a separate policy had been written for each. This, however, will not act to increase the limit of the liability of the insuring company,"

(4)

"Thirty days' written notice of cancellation shall be given to the City of El Paso de Robles, in the event of cancellation and/or restriction of any nature in the coverage. Such notice shall be sent to: City Clerk, City of Paso Robles, P.O. Box 307, Paso Robles, CA 93447."

Except that only the endorsement set out in subsection (d)(4) of this section need be included in the workers' compensation and employers' liability policy;

(e)

Proof of the foregoing coverage shall be in the form of properly issued certificates of insurance with all copies of all required endorsements attached thereto, evidencing all required coverages. Evidence of insurance coverage shall be submitted to the city clerk, city of Paso Robles, P.O. Box 307, Paso Robles, CA 93447.

(Ord. 654 N.S. Exh. A (part), 1993)