§ 5.66.060. Downtown area vending permits.

A.

Notwithstanding the provisions of Section 5.66.020 or any other provision of this Code, the City Manager or his/her designee may issue nonexclusive revocable permits for vending food, beverages, merchandise or services on the public sidewalks, parkways, or other public property within the downtown areas bounded and described as follows:

1.

That area beginning at the point of the intersection of the prolongation of the westerly line of Pine Avenue with the Convention Center boundary; thence northerly along the easterly line of Pacific Avenue to the southerly curbline of 6th Street; thence easterly along the southerly curbline of 6th Street to the westerly curbline of Long Beach Boulevard; thence southerly along the westerly curbline of Long Beach Boulevard to the southerly line of Ocean Boulevard; thence westerly along the southerly line of Ocean Boulevard to the point of beginning.

2.

The Civic Center area within the following boundaries: the north curbline of Ocean Boulevard, the south curbline of Broadway, the west curbline of Pacific Avenue, and the east curbline of Magnolia Avenue.

No person shall conduct or engage in any vending activities on public sidewalks, parkways or other public property within said downtown areas without first having obtained a vending permit from the City Manager or his/her designee pursuant to the provisions of this Section.

B.

The application for a permit under this Section shall be filed with the City Manager or his/her designee upon a form which is furnished by or acceptable to the City Manager or his/her designee. The application shall be filed at least thirty (30) days prior to its proposed effective date. Each application shall be signed under penalty of perjury by the applicant, if a natural person; or by an officer or partner of the applicant, if application is a corporation, partnership, association or unincorporated company and shall contain full, complete and detailed information including, but not limited to, the following:

1.

The name, address and telephone number of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective ages and addresses. The application shall also state the trade name or style, if any, under which the applicant proposes to operate;

2.

A description of the nature, extent, character and quality of the proposed vending activity, including the manner in which such proposed vending operation will be conducted and how the public property will be utilized;

3.

The particular sidewalk or other public property and the specific area or areas thereof which will be utilized in connection with the proposed activity;

4.

The date or dates or days of the week and the specific times that the described vending activity utilizing public property is proposed to be conducted;

5.

Such other information as the City Manager or his/her designee shall require.

C.

The City Manager or his/her designee may refer the application to the appropriate City departments for review, investigation, evaluation and recommendation regarding approval or disapproval of the application. No permit shall be issued for vending food or beverages without the prior review and written approval of the City Health Department.

D.

The City Manager or his/her designee may issue a permit under this Section if it is determined that the following criteria have been met:

1.

That the public convenience and necessity require said vending activity in the permitted area;

2.

The proposed vending activity will not unduly impede, obstruct or interfere with the public's use of the sidewalk or other public or private property;

3.

The proposed vending activity will not unduly impede, obstruct or interfere with the operation of emergency vehicles, equipment or personnel in or through the particular permit area;

4.

The proposed vending activity will not adversely affect the City's ability to perform municipal functions or furnish City services in the vicinity of the permit area;

5.

The proposed vending activity will not present a substantial or unwarranted safety or traffic hazard;

6.

The proposed vending activity will not have a significant adverse environmental impact;

7.

The proposed vending activity is compatible, consistent and suitable with the character, nature, general theme and appearance of the area; and comports with the public health, safety, morals and welfare.

E.

In addition to the requirements of this Code or other applicable laws or rules or regulations promulgated with the City Manager, each permit shall contain such terms and conditions regarding the time, place and manner of utilizing the City sidewalks or other public property which are determined by the City Manager or his/her designee to be necessary and appropriate under the circumstances. No vending permit shall be issued under this Section for longer than one (1) year and shall be subject to revocation or cancellation at any time that it is determined that the permittee has violated any applicable law, rule or regulation or that it is in the City's best interests to revoke or cancel said permit. Each permit issued hereunder shall be subject to the provisions of this Code and all other applicable laws, rules and regulations which are in existence at the time the permit is issued or which are enacted, promulgated or amended at any time during the term of the permit.

F.

The City Manager or his/her designee may deny, suspend or revoke a permit whenever it appears to the City Manager or his/her designee that a vendor is in violation of the terms and conditions of the permit or any of the provisions of this Code or any other applicable law, rule or regulation, or that there was misrepresentation or fraud involved in the application for the permit, or evidence of unfair or bad faith dealing with the public, or it is determined to be in the best interest of the City. The City Manager or his/her designee shall give written notice to the applicant or permittee of the denial, suspension or revocation. No person shall continue to conduct or engage in any vending activity after the City Manager or his/her designee has issued a notice of suspension or revocation.

G.

Any applicant whose permit is denied or any permittee whose permit is suspended or revoked shall have the right to appeal said decision to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after the date the notice of denial, suspension or revocation is served upon or mailed to the permittee. Such notice of appeal shall set forth the specific ground or grounds upon which it is based. The City Council shall hold a hearing on the appeal within thirty (30) days after the City Clerk's receipt of the written notice of appeal, or at any time thereafter as the matter may be continued by the City Council. The permittee shall be given at least ten (10) days' written notice of such hearing. At the hearing the permittee or permittee's authorized representative shall have the right to present evidence and/or argument in support of permittee's appeal, and the determination of the City Council on the appeal shall be final. Any permittee whose permit is revoked shall not be eligible to apply for a permit under this Section for a period of one (1) year from the date of such revocation.

H.

Each permitted vending activity shall be subject to inspection at any time by the Director of Financial Management, license inspectors, Police Officers, Health Department officials or other City representatives for the purpose of determining whether the vending activity is being conducted in compliance with the requirements of the permit and any applicable laws, rules or regulations. No person shall hinder, impede, interfere with or obstruct any such inspection.

I.

Vending activities may be conducted only on the dates and at the times and locations and in accordance with the terms, conditions and requirements specified in the permit, and pursuant to all applicable laws, rules and regulations. All vendors shall keep and maintain their equipment in a neat, clean and safe condition and shall conduct all vending operations in a neat, orderly, safe and sanitary manner. Any vending activities shall not obstruct, interfere with or impede the free movement or use by the general public of any street, sidewalk, parking area, alley, way or other public or private property. All vending activities shall be conducted at a distance of more than five feet (5') from any public or private building or the property line of any business premises and at a distance of at least ten feet (10') from any entrance to any public or private building or business premises. No vending activity shall be conducted in a manner which disturbs, accosts, confronts, harasses, badgers or annoys any person.

J.

Each permittee shall carry the vending permit issued pursuant to this Section on his/her person while conducting vending activities, and shall produce such permit for inspection upon the request of any Police Officer or any other authorized representative of the City. Each permittee shall, at all times while engaging in vending activities, display a valid vendor identification card, decal or sticker issued by the City Manager or his/her designee.

K.

The following indemnification and insurance shall apply for each permit issued under this Section:

1.

Each permit shall expressly provide that the permittee shall defend, indemnify and hold the City, its officials, employees and agents harmless from and against all claims, damage, demands, causes of action, loss, liability, proceedings, costs and expenses (including reasonable attorney fees) of any kind (collectively in this Subsection, "claim") arising from or attributable to or caused by the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permittee's activities under the permit; and the permit shall expressly state that permittee shall, at permittee's sole cost and expense, pay any settlement and satisfy any judgment rendered against the City, its officers, employees and agents resulting from permittee's activities under the permit. Permittee shall notify the City of any claim within ten (10) days.

2.

Concurrent with the issuance of a permit under this Section and as a condition precedent to the effectiveness of the permit, permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040.

L.

Every applicant and permittee shall pay the fees established for such applications and permits by resolution of the City Council.

M.

Permittees holding valid vending permits issued under this Section shall be subject to the business license provisions of this Code and shall pay the business license taxes established for such vending activities.

N.

Any person who violates any of the provisions of this Section shall be guilty of a misdemeanor.

(Ord. C-7934 § 10, 2004; Ord. C-7423 § 25, 1996: Ord. C-6365 § 1, 1987; Ord. C-6260 § 1 (part), 1986)