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A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of the activity, shall be signed under penalty of perjury by the applicant and shall require the following information:

1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver’s license number, social security number and arrest record, if any, of the applicant and of the persons having the management or supervision of applicant’s activity during the time that it is proposed to be carried on in the city;

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

3. The name, location and description of the type of the activity, and the length of time during which it is proposed that such activity shall be conducted; and

4. The business tax certificate number of the business operating the activity.

B. The application shall be accompanied by the following documents:

1. A plot plan drawn to scale, showing the location of utilities, improved parking areas, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available source of potable water, sanitary facilities, and fire hydrants;

2. A written authorization from the owner of the location or person in lawful possession thereof, if other than the applicant, for the locating of the activity upon his or her property.

3. Cash deposit in the sum of two hundred dollars, to be forfeited to the city in the event the permittee fails to remove all merchandise, equipment and rubbish from the premises upon which the stand is located before twelve noon on the day after the expiration date of the permit. The cash deposit shall be returned to the applicant upon full performance of the requirements of this chapter.

4. Evidence, satisfactory to the city manager or designee, of: (1) 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; and (2) workers’ compensation, with statutory limits and employers liability insurance with limits as required by the city. All policies 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.

5. An agreement, signed by applicants, to save, hold harmless and indemnify the city, its officer, 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 is any way related to any work performed by applicant, his agents or employees under the terms of any permit issued under this chapter;

C. The city manager or designee may, in his discretion, issue a permit if he finds:

1. That the application is complete and truthful;

2. That neither the applicant nor any manager of the business or activity has been convicted of a crime substantially related to the qualifications, functions or duties of the business or activity for which application is made, unless he has obtained a certificate of rehabilitation.

3. That neither the applicant nor any manager of the business or activity has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another.

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

5. That the zone in which the activity is proposed is appropriate, as set forth in subsection D of Section 5.51.040.

6. That operation of such activity at such location will not present any substantial hazard or impediment to vehicular or pedestrian traffic.

7. That parking adequate for the purposes of the activity exists at the proposed location. The provisions of Chapter 17.58 of this code may be waived only for seasonal sales of pumpkins and Christmas trees if it is determined by the planning director that parking will be adequate during the period in which the temporary promotional activities will take place.

8. That a valid business tax certificate has been issued for this business.

9. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application.

D. All permits issued under this chapter shall be valid only as to the dates and times listed on the permit, unless a prior date is specified, or unless earlier suspended or revoked.

E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as authorized by Chapter 3.70; provided, however, that the fee requirements of this chapter shall not apply to fund-raising activities by schools and by charitable, fraternal, civic, religious and social institutions.

F. Permits may be issued with conditions to ensure that the business will be operated 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. 3805 § 1, 1997; Ord. 3402 § 2, 1991)