Selma Municipal Code Ch. 22 Street Vendors of Food Products

Unless the context otherwise requires, the definitions in this section shall govern the construction of this chapter:

CITY MANAGER: The city manager of the city of Selma or his or her designee.

CLERK: The city clerk of the city of Selma or the city clerk's authorized designee.

FOOD PRODUCTS: Food and any substance intended for human consumption.

PERSON: Shall mean and include the singular and plural and shall also mean and include any individual, firm, corporation, association, club, copartnership, joint venture or any other organization.

STREET VENDOR: Any person selling or offering to sell or causing the sale of or offering for sale of any food products from any vehicle parked, stopped, standing upon, within or adjacent to any curb along any public street within any residential zone of the city of Selma. (Ord. 2012-1, 5-7-2012)

No person shall sell or offer for sale, from any vehicle parked, stopped, standing upon or within any public street or adjacent to any curb thereof food products within any residential zone of the city of Selma without first obtaining a permit as required in this chapter. The total number of permits that may be issued in any year shall not exceed two (2) except that if, on April 1, 2012, there were more than two (2) valid permits issued by the city, those persons holding said permits, and only those persons, may, if they meet all other requirements, be issued a permit even if the issuance thereof causes the total number of permits issued in that year to exceed two (2). If a person holding a valid permit on April 1, 2012, as described herein, fails to apply for a permit as required in any given year, then that person shall not thereafter be entitled to a permit if the issuance thereof would cause the total number of permits to exceed two (2). (Ord. 2012-1, 5-7-2012)

(A) The issuance of a permit for a street vendor of food products within any residential zone of the city shall be subject to those conditions prescribed by section 5-7-5 of this title. In addition, the number of permits issued in any given calendar year shall be determined by the city manager pursuant to section 5-22-2 of this chapter. The city manager is hereby authorized to adopt any and all policies and procedures necessary to implement the permitting process including, but not limited to, the designation of an application period, an annual date for the issuance and expiration of permits, and a procedure for selecting the persons to be issued permits. Such selection procedure may be random or based upon an applicant's history of engaging in street vending of food products from a vehicle in the city's residential zones and may give preference for issuance of any permit according to the length and quality of such street vending services provided within the city of Selma.

(B) The city council may, by resolution, establish and amend, from time to time, any fee or fees to be charged in connection with this chapter including, but not limited to, a permit application fee, permit fee, or fee for the issuance of a permit placard or decal. (Ord. 2012-1, 5-7-2012)

No permit issued shall be valid for a period of more than one year. The term and expiration date of all permits shall be determined by the city manager or his or her designee as set forth in section 5-22-3 of this chapter. The city manager or his designee shall allow a five (5) business day grace period following the expiration date for any permit to timely submit an application for renewal of the permit. (Ord. 2012-1, 5-7-2012)

(A) Each permit holder shall retain in his or her possession the permit issued by the clerk at all times while engaged in the street vending of any food product within any residential zone of the city and must produce and show the same on demand of any prospective customer or any police officer or official of the city.

(B) Each permit holder shall display the permit or placard or decal issued by the clerk on the vehicle used by the street vendor at all times while engaged in the street vending of any food product within any residential zone of the city in a manner to be determined by the city manager or his or her designee. (Ord. 2012-1, 5-7-2012)

(A) Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to any officer or employee of the city of Selma any material fact in procuring the permit herein provided for shall be deemed to be guilty of a misdemeanor or, at the discretion of the city attorney, an infraction. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person.

(B) Penalties for infractions shall be set by resolution of the city council. The city council shall periodically review the penalties for infractions and set new penalties by resolution as required to maintain the effectiveness of this code.

(C) All remedies provided for herein shall be cumulative and nonexclusive. (Ord. 2012-1, 5-7-2012)