Sacramento Municipal Code Art. II Permit Applications and Procedures

The city manager may establish procedures and guidelines to process applications for stationary and roaming sidewalk vending permits. (Ord. 2020-0001 § 3)

A person who wants a stationary or roaming sidewalk vending permit shall complete and submit an application and application fee for the permit to the city manager. The application must be on a form approved by the city manager and may require any information or documentation that is consistent with the provisions of this code and state law. (Ord. 2020-0001 § 3)

The stationary or roaming sidewalk vending permit application and renewal fees, and the additional or change of location fees are established and imposed pursuant to the provisions of this chapter. The amounts of the fees shall be established by resolution of the city council. (Ord. 2020-0001 § 3)

The city manager may deny issuance of a stationary or roaming sidewalk vending permit if the city manager determines that one or more of the following circumstances exist:

A. The application received is incomplete, filed late, or not responsive to the requirements of this chapter.

B. The application contains a false or misleading statement or omission of a material fact.

C. The applicant, any registered owner of the business, or any person with a financial interest in the sidewalk vending operations, has any unpaid administrative penalties imposed pursuant to chapter 1.28.

D. Within 12 months before the date the application was filed, the applicant, any registered owner, or any person with a financial interest in the sidewalk vending operations of the permit has had a permit revoked.

E. The applicant has not paid the applicable business operations tax pursuant to chapter 3.08.

F. The applicant or a person with a 10% or greater financial interest in the sidewalk vending operations to be conducted under the permit has been convicted of a crime involving dishonesty, fraud, deceit, or moral turpitude with intent to substantially benefit one's self or another, or substantially injure another, and the time for appeal has elapsed, irrespective of the entry of a subsequent order under California Penal Code section 1203.4.

G. The proposed sidewalk vending operations poses a threat to public health, safety, or welfare. (Ord. 2020-0001 § 3)

The city manager may impose reasonable time, place, and manner conditions on a stationary or roaming sidewalk vending permit that directly relate to an objective public health, safety, or welfare concern, in accordance with California Government Code section 51038. (Ord. 2020-0001 § 3)

A stationary sidewalk vending permittee must operate from the permitted location in accordance with section 5.90.330.A; however, the permittee may request modification of the permitted location by completing and submitting a relocation application with the city manager. The relocation application shall be on a form prescribed by the city manager. (Ord. 2020-0001 § 3)

A. During the term of a stationary or roaming sidewalk vending permit, the permittee shall maintain in full force and effect, at no cost to the city, a commercial general liability insurance policy with the following provisions:

1. Coverage shall be at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury with limits not less than $1,000,000.00 single limit per occurrence;

2. Issued by an admitted insurer or insurers as defined by the California Insurance Code;

3. Providing that the city, its officials, employees and agents are named as additional insureds under the policy;

4. Covering all losses and damages as specified in this section; and

5. Stipulating that the policy will operate as primary insurance and that no other insurance or self-insurance maintained by the city or other named insured will be called on to contribute to a loss covered thereunder.

B. No permittee shall cancel or make a material change in the insurance coverage during the term of the permit, without providing the city manager with 30 days' written notice prior to the effective date of such cancellation or change in coverage. (Ord. 2020-0001 § 3)