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A. Applications for permits under this section shall be made on forms to be furnished by the finance director or designee, shall be signed under penalty of perjury by the applicant and shall require the following information:

1. The name, address and telephone number of the applicant;

2. The name, address and telephone number of the sidewalk vendor;

3. Prior and current permits held and whether such permits were ever revoked or suspended and the reasons therefor;

4. Where sales are to be conducted by a stationary sidewalk vendor, the exact location where the vendor will be situated, shown on a plot plan, including the locations of structures, utilities, fire hydrants, curb cuts and/or driveways;

5. Roaming sidewalk vendors shall provide the proposed area within which the pushcart will be operated;

6. The business tax certificate number of the business;

7. If food sales are to be conducted, proof that a health department permit for this business has been issued;

8. Proof of a valid California Department of Tax and Fee Administration seller’s permit and any other license or permit that is required by local, state, or federal law.

B. Application for a stationary sidewalk vendor permit shall be accompanied by evidence, satisfactory to the finance director or designee, of general liability insurance providing coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage and personal injury, with limits as required by the city. Insurance required of the applicant hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents, employees and volunteers shall be considered excess insurance, over and above the applicant’s insurance and shall not contribute with it. The applicant shall save, hold harmless and indemnify the city, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from, or are in any way related to, any activity addressed by this chapter.

C. The finance director or designee shall, in his or her discretion, issue a permit if he or she finds:

1. The application is complete and truthful.

2. The business for which the application is made will be maintained and conducted in accordance with all local, state and federal laws.

3. The operation of such business at such location will not present any substantial hazard to vehicular or pedestrian traffic.

4. Applicant for a stationary sidewalk vendor permit has obtained insurance as required under subsection B of this section.

5. A valid business tax certificate has been issued for this business.

6. A valid health department permit has been issued for this business.

7. The applicant has not had a permit, issued under this section, revoked, unless the finance director or designee finds that the reasons for such revocation are unrelated to this application.

D. All permits issued under this chapter shall remain in effect until the following June 30th, unless earlier revoked. All applications for permit renewal under this chapter must be submitted prior to June 16th.

E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as set forth in Section 3.70.040.

F. Permits may be issued with conditions to ensure the sidewalk vendor rates in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 4955 § 1, 2018; Ord. 4772 § 1, 2014; Ord. 3887 § 1, 1999; Ord. 3522 § 2, 1993)