5.56.031 Issuance.
A. The finance director or designee shall issue a permit if it is determined:
1. That the application is complete and truthful;
2. That the permit application form, or written lease or license submitted pursuant to Section 5.56.030(E), completely complies with the requirements of Section 5.56.030;
3. That neither the business owner nor any operator of the transient outdoor business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he or she has obtained a certificate of rehabilitation;
4. That neither the business owner nor any operator of the transient outdoor business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit him or herself or another, or substantially injure another;
5. That operation of the proposed transient outdoor business at such location will not present any substantial hazard to vehicular or pedestrian traffic;
6. That the location of the transient outdoor business is on the site of another operating business as to which the transient outdoor business would be secondary in purpose;
7. That paved parking adequate for the purposes of the transient outdoor business exists at the proposed site on the property;
8. That a valid business tax certificate has been issued for this transient outdoor business and will be in effect during the entire life of the permit to be issued pursuant to this chapter;
9. That no permit issued to the same transient outdoor business or the same business owner pursuant to this section has been revoked in the past three years, unless the finance director or designee finds that the reasons for such revocation are unrelated to this application;
10. That the zone in which the transient outdoor business is proposed is appropriate, as set forth in subsection E of Section 5.56.040;
11. That no more than one permit per site on the property per date exists;
12. That the appropriate fee has been paid;
13. That the entire business shall be contained and conducted within an area not to exceed four hundred square feet.
B. The finance director or designee shall issue a transient outdoor business permit to a temporary business for the length of time requested in the application form not to exceed one hundred twenty-one consecutive days. The finance director or designee may issue a permit for a shorter period to mitigate impacts to vehicular or pedestrian traffic or parking space.
C. The finance director or designee shall enter the expiration date of the permit on the permit.
D. The finance director or designee may issue permits 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.
E. If all the requirements established in this section are not fulfilled, the finance director or designee shall deny the permit. The city shall mail notice of such denial to the business owner at the address stated on the application for the permit. (Ord. 4774 § 3, 2014; Ord. 4216 § 1, 2004; Ord. 4128 § 1, 2003; Ord. 3916, 1999; Ord. 3806 § 1, 1997)