§ 14.04.050. Sidewalk sale permits.

The City Manager or his designee is authorized to issue revocable permits for sidewalk sales sponsored by neighborhood business associations, subject to the following conditions:

A.

Not more than fourteen (14) days of such sidewalk sales shall be permitted the same neighborhood business association in any calendar year;

B.

Each revocable permit shall require the permittee to indemnify, defend, and save free and harmless the City, its boards and their officers and employees against any and all liability, claims, demands, causes of action and costs, including Attorney fees, which may be asserted, prosecuted or established against them, or any of them, for injury to or death of persons, or damage to or destruction of property of whatsoever nature arising out of or in connection with the use by the permittee and its members of City property or the exercise by the permittee and its members of the rights or privileges permitted by the permit;

C.

Prior to or at the time of issuance of the revocable permit the permittee shall submit to the City Manager or his designee insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. The permit shall not be effective until the City has received proof of such insurance;

D.

The City Manager or his designee shall charge each permittee a fee for issuance of the permit, which fee shall be established by the City Council by resolution;

E.

All applications for sidewalk sale permits shall be submitted by the neighborhood business association to the City Manager or his designee in writing, at least thirty (30) days prior to the commencement date of the sidewalk sale;

F.

Upon the completion of a sidewalk sale the permittee shall restore to a condition of cleanliness acceptable to the City Manager or his designee the public property on which the sidewalk sale was conducted and the public property immediately adjacent thereto. If the permittee refuses or fails to do so the City may do so, and the permittee shall pay to the City within ten (10) days after receipt of invoice therefor the City's costs incurred in connection therewith;

G.

All special services necessary to properly conduct a permitted sidewalk sale shall be arranged and paid for by the permittee. If the City agrees with the permittee to provide any of the special services, the permittee shall, at the time of payment of the fee for issuance of the sidewalk sale permit, deposit with the City Manager or his designee a sum of money equal to the estimated cost to the City of providing the special service. Any excess of actual costs incurred by the City in providing the special service over the amount deposited shall be paid by the permittee to the City within ten (10) days after the permittee's receipt from the City of an invoice for such excess. Any excess of the amount deposited over the actual costs shall be refunded by City to the permittee as soon as practicable;

H.

Each permittee shall abide by the terms and conditions set forth in its sidewalk sale permit and all statutes, ordinances, rules and regulations applicable to the operations conducted by permittee pursuant to such permit.

(Ord. C-7934 § 17, 2004; Ord. C-7044 § 1, 1992; Ord. C-5786 § 1, 1981; Ord. C-5591 § 1 (part), 1980: prior code § 7532(b))