A.   The purpose of this Chapter is to establish a roadside and sidewalk vending program within the boundaries of the Town of Yucca Valley. The requirements set forth in this Chapter are intended to protect the public's health, safety and welfare by ensuring that vendors on public property provide and sanitary conditions for consumers and the general public, are adequately insured and are properly licensed with other agencies.

   B.   The Town of Yucca Valley hereby finds that limitations on roadside and sidewalk vending are necessary to:

      1.   Comply with State legislation;

      2.   Promote the public's health, safety and welfare;

      3.   Ensure that the goals and policies of the Town's general plan are upheld;

      4.   Ensure that the flow of pedestrian or vehicular traffic, including ingress into and egress from, any residence, public building, or place of business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles is maintained;

      5.   Provide reasonable access for the use and maintenance of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting apparatus, as well as access to locations used for public transportation services;

      6.   Protect the quality of life of Town residents and minimize disruptions to the quite enjoyment of residential property by restricting noise-making devices associated with roadside and sidewalk vending; and

      7.   Ensure no interference to the performance of police, firefighter, and emergency medical personnel services. (Ord. 286, 11-19-2019)

The following definitions apply to this Chapter:

 

(Ord. 286, 11-19-2019; Ord. 319, 11-5-2024)

No sidewalk vendor or roadside vendor may operate anywhere within the Town without first obtaining a business registration. (Ord. 286, 11-19-2019)

   A.   No sidewalk vendor or roadside vendor may vend anywhere within the Town without first obtaining a permit pursuant to this Chapter.

   B.   No permit will confer entitlement or exclusive right to operate at a specified location within the Town.

   C.   A permit is required for each cart, stationary cart, or stationary sidewalk vendor display at a fixed location.

   D.   Each application for a permit shall be accompanied by a non-refundable permit processing fee established by resolution of the Town Council.

   E.   Permits will expire one year after the date of issuance.

   F.   Permits are not transferable. (Ord. 286, 11-19-2019)

   A.   Mobile Food Vendors:

      Authority: Section 9.55.050 is adopted pursuant to the authority granted to the Town of Yucca Valley by Section 22455 of the California Vehicle Code, which permits local authorities to regulate the type of vending and the time, place and manner of vending from vehicles upon the street in order to promote public safety.

      For purposes of this Section 9.55.050, the following words or phrases shall have the following meanings:

      1.   Mobile Food Vendor: A person that operates or assists in the operation of a mobile food truck/vending vehicle.

      2.   Mobile Food Truck/Vending Vehicle: Any motorized device or vehicle by which any person or property may be propelled or moved upon a highway, or any device which is towed by a motorized device or vehicle, from which food or food products are prepared, sold, offered for sale, displayed, bartered, exchanged or otherwise given.

      3.   Food Truck Event: A community event which includes a consortium of mobile food vendors devoted to the sale of prepared food products primarily for consumption in the immediate vicinity for a specified, pre-determined period of time at a specified, pre-determined location.

      4.   Vendor: A person who vends, including an employee or agent of a vendor.

   B.   Regulations For Vending From Mobile Vending Facility On Private Property:

      All vendors operating or conducting any business from a mobile vending facility on private property in accordance with the provisions of this Chapter shall:

      1.   Comply with the zoning ordinances applicable to the private property and all land use entitlements for the private property;

      2.   Unless vending from a mobile vending facility is otherwise authorized by the land use entitlements for the private property, obtain from the Town a Temporary Use Permit. The Planning Commission shall review the Temporary Use Permit. The Temporary Use Permit may be issued for a term not to exceed twelve (12) months and shall expire twelve (12) months from the date of approval. The application for any such permit shall require the consent of the property owner for such a use and the Community Development Director shall verify such consent. Such permits shall include such conditions as are necessary to ensure compliance with this Chapter and compatibility with the surrounding uses;

         a.   Not vend within ten feet (10') of any other vendor on the property;

         b.   Not vend upon any private property within three hundred feet (300') of the nearest property line of any property on which a school building is located between the hours of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. on any school day.

         c.   If the applicant is a mobile food vending facility, possess at all times while vending an unexpired and unrevoked annual mobile food facility permit issued by the San Bernardino County Department of Environmental Health and an unexpired and unrevoked food manager and food handler certification issued by the San Bernardino County Department of Environmental Health;

         d.   Possess at all times while vending an unexpired and unrevoked permit issued pursuant to this Chapter;

         e.   Possess at all times while vending any other permit as required by any other appropriate governmental agency;

         f.   Comply with all applicable state and local laws, ordinances and regulations including, without limitation, state food labeling and preparation requirements, fire codes and regulations, and Americans with Disabilities Act and regulation (State and Federal); and

         g.   Maintain a clearly designated waste receptacle in the immediate vicinity of the motor vehicle and vending that is marked with a sign requesting use by customers. Prior to leaving the vending location, the vendor shall pick up, remove and dispose of all trash generated by the vendor's operation located within a twenty-five foot (25') radius of the vending location.

         h.   Sales from a mobile food truck/vending vehicle shall occur only within the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. of the same day.

         i.   No vendor shall locate within two hundred feet (200') of any other existing business, measured from the vending area to the nearest building wall of said business, that sells similar products or any other licensed vendor operating during the applicable vending hours specified in this chapter

   C.   Regulations For Food Truck Events:

      Food Truck Events. This section sets forth additional procedures for approval of food truck events, as defined herein. If any provision conflicts or is inconsistent with other code sections; interpretation shall first seek to apply both provisions in the conjunctive, or otherwise seek the more restrictive interpretation.

      Two (2) or more food trucks operating on the same property or food truck participation as an accessory to any community event, regardless of the number of participating trucks, shall be considered a "food truck event" and shall be subject to the regulations herein described. A proposed community event shall not be denied solely on the basis of food truck participation; however, the food truck portion of a proposed event may be denied, conditioned or reduced in accordance with the regulations of this section.

      1.   Findings Of Fact: To approve a permit for a food truck event, or other events that include participation of one or more food trucks, the Director must find the following:

         a.   The proposed site is suitable for a food truck event considering its location, the size of the event (number of vendor participants), impact on parking and circulation, and any other factors determined by the Director of Community Development, with input from other appropriate Town departments.

         b.   Sufficient restroom facilities shall be located no farther than five hundred feet (500') from the food truck event;

         c.   The maximum number of participant food trucks shall be limited to one truck per thirty (30) parking spaces on site or available to the event. Where trucks can be parked and do not block or impede access to striped parking spaces or drive aisles, those trucks shall require twenty five (25) parking spaces per truck.

         d.   Any potential incompatibility between the activity proposed to properties in the vicinity can be attenuated, and the food truck event does not present an unwarranted noise or traffic burden. Conditions of approval may include, when deemed necessary by the Director of Community Development: limiting the number of vendors, operating hours, and/or operating days to minimize any incompatibility to the surrounding neighborhood.

         e.   The food truck event shall be operated safely and in accordance with all applicable laws and regulations.

         f.   The food truck event shall not unreasonably burden Town resources necessary to protect the security and welfare of the public.

         g.   In addition to the requirements for a permit, an application for a food truck event must include the following:

            (1)   An accurate, scaled site plan showing the proposed layout of the food truck event, including the placement of participant vehicles, on-site parking, and circulation;

            (2)   The applicant's responses to all required findings of fact;

            (3)   The lease, license, or other agreement between the applicant and the owner and/or business of the subject property approving such event;

            (4)   The rules for participant vendors, which demonstrate the applicant's knowledge of applicable laws and regulations and commitment to their enforcement;

            (5)   The written agreement between the applicant and the owner and/or business that will allow the patrons of the food truck event to use nearby restroom facilities;

            (6)   The written agreement between the applicant the underlying property owner on which the business is to be conducted;

            (7)   A statement confirming that the food truck event will be operated safely and in accordance with all applicable laws and regulations; and

            (8)   A list of participating vendors which includes the business name, owners, address, and phone number.

      2.   The holder of the event permit is responsible to ensure that each participating vendor at all permitted events has a valid and current Yucca Valley business license and permit.

      3.   Applications for a food truck event permit must be made by a Temporary Special Event Application (TSEP) and must be accompanied by payment of the appropriate license and permit fees, and may be subject to conditions pursuant to Town of Yucca Valley Development Code, Chapter 9.71 and any new or revised conditions that may arise based on a review of previous permits, if any. Approved permits shall set forth the date and operating hours, conditions of approval, and other operating rules and restrictions.

      4.   In addition to the regulations for mobile food vendors in this code, each food truck event shall adhere to the following, regulations for vending from vehicle.

         a.   Each operator of a mobile food truck/vending vehicle shall possess and at all times display in conspicuous view upon each such vehicle a Town business license and permit issued pursuant to this section.

         b.   No mobile food truck/vending vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of emergency vehicles upon the area of the food truck event.

         c.   Each mobile food truck/vending vehicle shall be equipped with trash and recycling receptacles of sizes adequate to accommodate all trash and refuse generated by such vending.

         d.   Each vendor or the food truck event organizer or applicant shall pick-up and deposit in the trash receptacle any paper, cups, wrappers, litter or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet (25') of such vehicle on any public or private property.

         e.   Each vendor or the food truck organizer or applicant shall not dispose of any trash or refuse in any public or private trash receptacle unless specific written authorization is obtained from the property owner or his/her authorized representative.

         f.   The food truck event organizer or applicant shall make a five thousand dollars ($5,000.00) deposit with the submission of the application for the food truck event to ensure the premises are free of trash and debris after each day's activities. If the site is free of debris, as required, the five thousand dollars ($5,000.00) shall be returned in whole or in part after the event. The deposit may be used to offset direct costs incurred by the Town related to enforcement or cleanup activities.

         g.   No vending shall be permitted until the vehicle is parked and trash and recycling receptacles and other features are established in accordance with the Town-approved scaled site plan showing the proposed layout of the food truck event.

   D.   Regulations For Mobile Food Trucks/Vending Vehicles In The Public Right-Of-Way:

      1.   A mobile food vendor may locate its vehicle in the public right-of-way as long as the mobile food vendor adheres to the following standards and conditions:

         a.   The mobile food truck/vending vehicle is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked.

         b.   The mobile food truck/vending vehicle does not obstruct pedestrian or vehicular traffic.

         c.   Vending is prohibited on the exposed street and/or traffic side of the mobile food truck/vending vehicle.

         d.   A mobile food vendor shall not distribute any item from the mobile food truck/vending vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.

         e.   A mobile food vendor shall not encroach onto a public sidewalk with any part of its vending vehicle or any other equipment or furniture related to the operation of its business.

         f.   A mobile food vendor shall not keep, maintain or operate any mobile food truck/vending vehicle upon any public street, parkway, alley, or highway within one thousand (1,000') of the boundaries of any public or private school between the hours of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. on any day when such school is in session.

         g.   A mobile food vendor must have a valid business license and Temporary Use Permit from the Town.

         h.   A mobile food vendor must have a valid Public Health Operating Permit, Operators Food Handler's Certificate, Food Vehicle Certificate Sticker, and Seller's Permit.

         i.   All food products sold or provided from the mobile food truck/vending vehicle shall comply with all applicable food labeling requirements established by the State of California.

         j.   No mobile food vendor shall engage in vending unless he or she maintains clearly designated litter and recycling receptacles in the immediate vicinity of the mobile food truck/vending vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the mobile food vendor shall pick up, remove and dispose of all trash generated by the mobile food vendor's operation located within a twenty five foot (25') radius of the mobile food vendor's location.

         k.   A mobile food vendor shall not operate within 50 feet of any street intersection controlled by a crosswalk, traffic light, or stop sign.

         l.   Sales from a mobile food truck/vending vehicle shall occur only within the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. of the same day.

         m.   Sales from a mobile food truck/vending vehicle shall occur only when sidewalks exist along the public roadway.

         n.   The mobile food vendor must be in compliance with Health and Safety Code Section 114315(a), in that the facility shall be operated within two hundred feet (200') travel distance of an available toilet and hand washing facility when it is stopped to conduct business for more than a one hour period.

         o.   The mobile food vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into Town streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the mobile food vendor.

         p.   A vending vehicle may not stand or park in the public right-of-way between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in commercial and industrial zones. A vending vehicle may not stand or park in the public right-of-way in residential zones not inclusive of overlay zones, except as otherwise allowed by this code.

         q.   The mobile food vendor shall have a valid permit issued by the San Bernardino County Department of Environmental Health Services. All required County Health permits must be in the possession of the mobile food vendor at all times during times which it operates within the Town.

         r.   If the applicant will use a motor vehicle to vend on public streets or rights-of-way, proof of business automobile liability insurance, with minimum combined single limits coverage of two million ($2,000,000.00) dollars in a form approved by the Town Manager.

         s.   In addition to any proof of automobile liability insurance that may be required by subsection (i), all applicants shall provide proof of general liability insurance with minimum combined single limits coverage of two million ($2,000,000.00) dollars and naming the Town as an "Additional Insured" in a form approved by the Town Manager.

         t.   No alcohol beverage, general merchandise or commercial sales other than food are permitted, other than company merchandise.

         u.   Vending of cannabis products of any kind is prohibited.

         v.   Vending is prohibited from a food vending vehicle that is parked, stopped, or standing on any public street, alley, or highway where the posted speed limit on the public street, alley, or highway is thirty-five (35) miles per hour or greater.

         w.   No vendor shall locate within two hundred feet (200') of any other existing business, measured from the vending area to the nearest building wall of said business, that sells similar products or any other licensed vendor operating during the applicable vending hours specified in this chapter.

         x.   No amplified music or loudspeakers shall be permitted. The operation shall at all times comply with the provisions of the Town's noise ordinance.

   E.   Selling Ice Cream And Certain Food Products From Vehicles In Public Streets:

      1.   No person shall peddle, hawk, sell, vend or offer for sale ice cream; ice cream bars, cones or rolls; sherbet:.sherbet bars, cones or rolls; iced fruit juice (natural or artificial) bars, cones or rolls; the food product commonly known as "cotton candy" or other spun sugar type confections; candy; carbonated drinks; or other similar food substances, products or beverages packaged or otherwise prepared or designed for an individual person's consumption, from a vehicle stopped or parked on any public street, way or alley within a residential zone not inclusive of overlay zones or a park within the Town of Yucca Valley, unless it is in conjunction with a Town event or Town-associated event and/or that person and/or business has been specifically licensed and permitted by the Town to do so. This Section does not prohibit street vending of other products from vehicles in residential districts.

         a.   Subject to a Temporary Use Permit a person or business may engage in selling ice cream and certain food products pursuant to Section 9.55.050 from a lawfully parked vehicle on a residential street not inclusive of overlay zones. This activity is not allowed on non-residential streets;

         b.   No person vending from a lawfully parked vehicle shall operate any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of one thousand feet (1,000'), unless in conjunction with a special event as set forth in this Code;

         c.   No person shall engage in vending from a lawfully parked vehicle at one fixed location longer than necessary to complete a sales transaction. Such sale shall not exceed five (5) minutes;

         d.   A roadside vendor shall maintain a clean and trash-free area within a ten foot (25') radius around the vendor's vehicle and shall ensure that such area is clean and trash-free before moving the vehicle to a new location.

         e.   Any vendor engaged in the retail sale of food shall obtain a food facility permit from the Health Department prior to obtaining a business registration from the Town.

         f.   A vendor shall comply with otherwise applicable laws, including permitting and zoning requirements.

         g.   No vendor shall locate within two hundred feet (200') of any other existing business, measured from the vending area to the nearest building wall of said business, that sells similar products or any other licensed vendor operating during the applicable vending hours specified in this chapter

   F.   Regulation For Peddling From Vehicles In Parks: No person shall peddle, hawk, sell or vend any food product or service from a vehicle within any Town park at any time, unless authorized in writing by the park authority to do so pursuant to Town of Yucca Valley Municipal Code, Title 11, Chapter 11.80 Use of Park Facilities.

(Ord. 286, 11-19-2019; Ord. 319, 11-5-2024)

To obtain a sidewalk vending permit, an applicant must provide the following as part of their application:

   A.   Valid identification, such as a State of California identification, or any other government-issued identification card;

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

   C.   The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a stationary sidewalk vending cart;

   D.   Proposed hours of operation;

   E.   Proposed location of operation;

   F.   Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;

   G.   The type of food or merchandise offered for sale or exchange;

   H.   Application for business registration;

   I.   Proof of liability insurance;

   J.   An application fee as set forth by resolution of the Town Council;

   K.   A valid California Department of Tax and Fee Administration seller's permit and additional licenses from State or local agencies to the extent required by law;

   L.   Proof of completion of a food handler course and a copy of the course completion certificate, if applicable;

   M.   A permit from the Health Department for food-relating vending, if applicable;

   N.   A declaration that the information provided to the Town is true and correct; and

   O.   Any other information or applicable permits, including operations-related information, as may be required by this Code. (Ord. 286, 11-19-2019)

   A.   A cart used for sidewalk vending must obtain and prominently display a valid permit and all other permits issued by other public agencies.

   B.   A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.

   C.   A cart must operate according to its approved hours of operations. No sidewalk vendor will operate anywhere in the Town between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. daily. Roaming sidewalk vendors in residential areas shall not operate any time from one-half hour after sunset to one-half hour before sunrise.

   D.   No cart, condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor's stated closing time.

   E.   Sidewalk vendors must not operate alongside any public roadways or streets where no paved sidewalk is available.

   F.   All sidewalk vendors shall allow Town enforcement officers, County health inspectors or other government officials to inspect their sidewalk vending activities at any time.

   G.   No vendor cart may exceed a length of seventy two inches (72"), a width of fifty four inches (54"), or a height, including any roof, awning, or umbrella, of eighty inches (80").

   H.   No sidewalk vendor shall use an electrical outlet or water supply that is owned by the Town or another person or entity other than the sidewalk vendor, nor shall they use propane or electric generators.

   I.   No sidewalk vendor that utilizes a pushcart may set up or use an additional structure, including a table, crate, carton, or rack, to increase the selling or display capacity of the cart unless such items are explicitly allowed in the permit obtained by the sidewalk vendor.

   J.   All sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash without resorting to existing trash receptacles located on any block for use by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.

   K.   All sidewalk vendors shall maintain a clean and trash-free area within a ten foot (10') radius around the vendor's cart during hours of operation and shall ensure that such area is clean and trash-free before relocating or closing.

   L.   No cart may be outfitted with any equipment or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including, but not limited to, sound amplification, flashing lights, smoke, steam, and bubbles. Signs associated with the sidewalk vendor must comply with the Town's Sign Ordinance. (Ord. 286, 11-19-2019)

No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone and must move continuously except when necessary to complete a sale. (Ord. 286, 11-19-2019)

   A.   No sidewalk vendor may place or leave any cart, canopy, merchandise displays, perishables, or other items relating to vendor's business in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes the following:

      1.   Within four feet (4') from the edge of the curb;

      2.   Within ten feet (10') of a marked crosswalk, the curb return of an unmarked crosswalk, or a driveway or driveway apron;

      3.   Within twenty five feet (25') of an entrance or exit to a building, structure or facility;

      4.   Within thirty feet (30') of any fire hydrant;

      5.   Within two hundred fifty feet (250') of another sidewalk vendor;

      6.   Within five hundred feet (500') of Town hall, fire stations, law enforcement stations, civic center, anywhere public safety personnel is actively performing duties, places of worship from one hour before until one hour after services or other public events, or a public or private school or daycare facility between the hours of six o'clock (6:00) A.M. and six o'clock (6:00) P.M.;

      7.   Where placement impedes the flow of vehicular traffic such as on public streets or public highways;

      8.   Adjacent to any marked loading zone or bus zone;

      9.   No cart may be stored, parked, or left overnight on any public street or right-of-way, or in any public park; and

      10.   Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than four feet (4') or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).

   B.   No cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way or left unattended.

   C.   Notwithstanding any specific prohibitions in this Section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property. (Ord. 286, 11-19-2019)

No sidewalk vending is allowed within on thousand feet (1,000) of a permitted special event during the duration or operating hours of such an event. Permitted events include certified farmers' markets, swap meets, and any event that requires the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permits. (Ord. 286, 11-19-2019)

Sidewalk vending in violation of this Chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:

   A.   For vending without a valid license or permit:

      1.   An administrative fine of two hundred fifty dollars ($250.00) for a first violation;

      2.   An administrative fine of five hundred dollars ($500.00) for a second violation within one year of the first violation;

      3.   An administrative fine of one thousand dollars ($1,000.00) for a third violation and each subsequent violation, within one year of the first violation;

      4.   Upon proof of a valid permit issued by the Town before such fines are due, the Town will reduce the amount of the fines to one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation, and five hundred dollars ($500.00) for each violation thereafter.

   B.   For all violations of this Chapter other than vending without a valid license or permit as outlined in Subsection A above:

      1.   An administrative fine of one hundred dollars ($100.00) for a first violation;

      2.   An administrative fine of two hundred dollars ($200.00) for a second violation within one year of the first violation;

      3.   An administrative fine of five hundred dollars ($500.00) for a third violation within one year of the first violation;

      4.   An administration fine of five hundred dollars ($500.00) for a fourth and each subsequent violation and revocation of the license or permit.

   C.   The Town will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.

   D.   Fines assessed pursuant this Section may be reduced to twenty percent (20%) of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51038(f).

   E.   Fines collected under this Section will be deposited with the Town's treasury for general use. (Ord. 286, 11-19-2019)

The Town may request the sidewalk vendor remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this Chapter. If the sidewalk vendor refuses to remove the cart, or if the cart has been abandoned, the Town may remove the cart and/or dispose of the cart, after providing at least thirty (30) days' notice of redemption to the address associated with the cart, if any. (Ord. 286, 11-19-2019)

   A.   To renew a permit for sidewalk vending or roadside vending, an applicant must provide all the information as set forth in Section 9.55.060.

   B.   A person whose permit is revoked may not renew their permit for one year. (Ord. 286, 11-19-2019)

   A.   In addition to any other reason provided for in this Chapter, a permit may be denied, suspended or revoked when it has been determined that the applicant.

      1.   Has not complied with the applicable provisions of this Chapter four (4) or more times; or

      2.   Has knowingly made a false statement of fact in an application for such permit; or

      3.   Has payment of any administrative fine that remains outstanding; or

      4.   Has engaged in activity that presents an objective threat to the public health, safety, or welfare.

   B.   From the time of the revocation or suspension of a permit granted under the provisions of this Chapter, it is unlawful for any person whose permit has been suspended or revoked to operate within Town boundaries until a new permit has been procured or the period of suspension has expired. It is also unlawful for any person to operate within the Town during the period of time that a permit has been revoked, terminated or suspended. (Ord. 286, 11-19-2019)

   A.   Any person aggrieved by any determination under the provisions of this Chapter shall be entitled to appeal that decision as provided herein.

   B.   Any recipient of an administrative citation may contest that there was a regulatory violation or that he or she is the responsible party.

   C.   Any interested person may appeal a decision of the director regarding an application for or revocation of a permit for sidewalk vending, roadside vending, canvassing, peddling, hawking, or soliciting by filing with the Town Clerk a complete notice of appeal within fifteen (15) days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the filing fee established by Town Council resolution.

   D.   If an appeal is timely filed, the Town Clerk will cause to be set a date for the hearing of the appeal not more than thirty (30) days from the date the appeal is received. The hearing will be a de novo hearing on the action appealed from. At the hearing, the appellant will have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues. The hearing officer will not be bound by the formal rules of evidence. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness.

   E.   The hearing officer will issue written findings and a decision within ten (10) days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure section 1094.8.

   F.   The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. (Ord. 286, 11-19-2019)

Any violation of this Chapter is declared to be unlawful and a public nuisance. (Ord. 286, 11-19-2019)