Sonora Municipal Code § 5.12 Intermittent Vendors

Footnotes:

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Editor's note— Ord. 861, § 2, adopted Oct. 21, 2019, amended Ch. 5.12 in its entirety. The former chapter derived from Ord. 696 (part), 1994.

As used in this chapter:

"Business" means professions, trades, occupations of all and every kind of calling, carried on for profit.

"Event coordinator" means any intermittent person who is organizing an event in which two or more individuals are participating.

"Intermittent vendor" means any individual who has no permanently established place of business in the city and is part of a specific event for the purpose of selling any food, goods, wares, merchandise or service, or one who solicits orders for the sale of goods, wares, merchandise or services to be delivered at some time or date.

"Intermittent vendor business license" means the license issued to either an intermittent vendor or an event coordinator which authorizes them to do business in the city for a specific period of time.

"Non-profit" means any intermittent vendor who has organized for charitable or religious purposes engaging in fundraising activities for such organization, providing the proceeds do not inure to the benefits of any private person for the personal gain of the individual, firm or organization.

"Participant" means any individual/person coming under the business license of an event coordinator, including the event coordinator. It does not mean a booth or concession.

(Adopted by Ord. 861 on 10/21/2019)

A. Those business activities that are conducted in a group setting (two or more individuals/persons) will be permitted to conduct business under one business license. All other individuals associated with said event are not required to have a separate intermittent vendor license.

B. Applicant must have written proof from the property owner or lessee that they are authorized to conduct business in the location indicated on application.

(Adopted by Ord. 861 on 10/21/2019)

Every person, prior to engaging in, conducting, or carrying on the business of an intermittent vendor, shall file an application for a permit with the administrative services director accompanied by the permit fee. The application shall be in a form prescribed by the director and shall contain, at a minimum, the following:

A. The legal name, current mailing address and telephone number of the applicant;

B. The event name and description;

C. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal;

D. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order;

E. The names, addresses, and telephone numbers of all persons that will be employed as a sidewalk or motorized food vendor by the applicant;

F. A description of the food, goods, wares, merchandise, or services to be sold;

G. A description, map, or drawing of the area(s) in which he or she proposes to operate;

H. The make, model, license plate number of all vehicles to be used in the operation of the business. The name and address of the vehicle owner. Applicant must provide a copy of the vehicle registration and insurance;

I. The requested hours and day(s) per which he or she proposes to operate;

J. Proof of comprehensive general liability insurance protecting the permittee and the city from all claims against any injury, death, loss or damage as a result of wrongful or negligent acts or omissions by the permittee. Such insurance shall name as additional insured the city and its officers, officials, employees, agents, and volunteers and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty days' advance written notice to the city. Proof of workers compensation insurance, if applicable;

K. An agreement by the applicant to indemnify and hold harmless the city, its officers, officials, employees, agents, and volunteers, for any claim, damages, actions, or causes of action which may arise from or in any manner relate to the permit or the vendor's activities;

L. Food vendors must also comply with the following requirements:

1. Provide a copy of the certification of completion of a county-approved food handler's course and copies of all required approvals from the county's food safety program;

2. Provide a copy of a valid mobile food permit issued by the Tuolumne County;

3. Indicate whether food is prepacked or to be prepared on site;

4. Indicate whether the vendor requires a heating element to prepare food.

M. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and

N. Any other reasonable information required by the director.

Applications for permits shall be filed a minimum of ten days prior to the date requested for issuance of the permit.

(Adopted by Ord. 861 on 10/21/2019

All intermittent vendors are subject to the following operating conditions when conducting vending activities:

A. Intermittent vendors shall allow a city police officer, firefighter, or code enforcement officer, at any time, to inspect their vending operations.

B. All operations must conform to federal, state, county, and local safety regulations as directed by the Sonora fire department.

C. Vending carts and vehicles used for the carrying, transporting, storage and serving of food shall be in accordance with all city, county and state health codes and licensing.

D. Intermittent vendors shall maintain a trash container and shall not empty their trash into public trashcans or city refuse container. Intermittent vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

E. Intermittent vendors shall immediately clean up any food, grease, or other fluid or item related to vending activities that falls on public or private property.

F. Intermittent vendors shall maintain the vending location in a clean, orderly, and sanitary condition.

G. Intermittent vendors located on a sidewalk or pathway shall maintain a minimum four-foot clear accessible path free from obstructions, including sidewalk vending carts, and customer queuing area.

H. Intermittent vendors who will be serving or selling alcohol must obtain an ABC Liquor License from the California Department of Alcohol Beverage Control, if required.

(Adopted by Ord. 861 on 10/21/2019)

No intermittent vendor business license issued under this chapter shall be transferable.

(Adopted by Ord. 861 on 10/21/2019)

Every person issued an intermittent vendor business license shall, while engaged in the business for which issued, keep in their possession and display at all times said license. City administration shall provide a copy of each issued intermittent vendor business license to the Sonora police department.

(Adopted by Ord. 861 on 10/21/2019)

The administrative services director may rescind an intermittent vendor business license for violations of this chapter or if the intermittent vendor has engaged in any unlawful business or activities.

(Adopted by Ord. 861 on 10/21/2019)

The provisions of this chapter shall not apply to the following:

A. Merchants having an established place of business in the city;

B. A non-profit intermittent vendor. Such non-profit vendor may be required to show proof of non-profit status.

(Adopted by Ord. 861 on 10/21/2019)

Notwithstanding any other provision of this chapter, it is unlawful for any intermittent vendor to engage in business upon any of the streets, highways, and roads within the city without prior approval from the city.

(Adopted by Ord. 861 on 10/21/2019)

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction shall be punished as provided under Chapter 1.08 of this code.

(Adopted by Ord. 861 on 10/21/2019)

A. The following intermittent business license fees shall apply to intermittent vendors:

B. Increases to intermittent business license fees shall be amended by a resolution of the city council.

(Adopted by Ord. 861 on 10/21/2019)