Chapter 5.33
VENDING ON PUBLIC PROPERTY
Sections:
5.33.02 Business tax certificate.
5.33.03 Health and sanitation requirements.
5.33.04 Vendor permit to operate.
5.33.05 Operational requirements.
5.33.06 Additional rules for sidewalk vendors.
5.33.08 Additional rules for vending in parks.
5.33.09 Supplemental regulations.
5.33.01 Definitions.
For purposes of this chapter, the following definitions apply:
“Annual permit” means a permit to vend lasting one calendar year unless otherwise provided by this chapter.
“City” means the City of Clovis.
“Code” means Clovis Municipal Code and all codes incorporated therein by reference.
“Food” shall be as defined in Health and Safety Code Section 113781 or any successor provision.
“Food facility” shall be as defined in Health and Safety Code Section 113789 or any successor provision.
“Food truck vendor” means a vendor selling, offering for sale, or distributing food from a vehicle.
“Hand washing facility” means a facility providing either a basin, container, or outlet with an adequate supply of potable water, soap, and single-use towels, as further defined in Health and Safety Code Section 114359.
“Health Officer” shall be as defined in Health and Safety Code Section 111015.
“Location” means the area within a one-hundred-foot (100') radius of the vendor’s position.
“Merchandise” means commodities or goods that are bought and sold.
“Mobile food facility” shall be as defined in Health and Safety Code Section 113831 or any successor provision.
“Old Town special event” shall be as defined in Section 5.20.03.
“Peddler” shall be as defined in Section 3.1.216(n). The provisions of that section shall be supplemented by this chapter.
“Police Chief” means the Police Chief for the City of Clovis or his/her designee.
“Roaming sidewalk vendor” means a sidewalk vendor selling, offering for sale, or distributing food or merchandise on a public sidewalk continuously moving except when making a sale.
“Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, bicycle or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
“Single event permit” means a vending permit valid for a specific amount of time not to exceed thirty (30) continuous days.
“Special event” means any outdoor event designated for the exclusive use of the event organizer utilizing public areas, including streets and parking lots temporarily closed by the City Council or Clovis Police Department, and including those events approved pursuant to Section 10.2.04.
“Stationary sidewalk vendor” means a sidewalk vendor selling, offering for sale, or distributing food or merchandise on a public sidewalk in one location as provided by permit.
“Toilet facility” means a fixture maintained with a toilet room for the purpose of defecation or urination or both, as further defined in Health and Safety Code Section 114359.
“Vehicle” means a mobile food facility, catering truck, or other motorized conveyance upon which food or merchandise is sold, offered for sale or distributed.
“Vend” or “vending” means to offer for sale or distribution.
“Vendor” shall include peddler, roaming sidewalk vendor, sidewalk vendor, stationary sidewalk vendor.
“Vendor permit” or “vending permit” or “permit” means the permit issued to vendors pursuant to this chapter. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.02 Business tax certificate.
It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalks, pedestrian paths, or parks within the City without first obtaining a business tax certificate and paying the applicable business registration fee for each vendor, pursuant to Article 1 of Chapter 1 of Title 3. Vendors are subject to the same rules and penalties found in Article 1 of Chapter 1 of Title 3.
Notwithstanding those provisions, no business tax certificate shall be issued without evidence that the vendor has obtained all permits required by this chapter. The original of the City business tax certificate, vendor permit, and health permit, as applicable, shall be displayed conspicuously at all times on the vendor’s vehicle, person, or site. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.03 Health and sanitation requirements.
Vendors selling or offering food shall obtain a health permit from the Fresno County Health Officer, as applicable. The health permit shall be displayed conspicuously at all times on the vendor’s vehicle, person, or site. Evidence of a health permit shall be made available to the Finance Department as part of the business tax certificate application or renewal. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.04 Vendor permit to operate.
(a) Permit required. It shall be unlawful to sell, offer for sale, or distribute any food or merchandise on any public sidewalk, pedestrian path, or park within the City without first obtaining a vendor permit from the Police Department pursuant to the provisions of this chapter. The vendor’s permit shall be displayed conspicuously at all times on the vendor’s vehicle, person, or site. Evidence of such permit shall accompany the business tax certificate application or renewal application to the Finance Department.
(b) Person and location specific. Vendor permits shall be specific to a person and location.
(c) Nontransferable; no vested right. Vendor permits shall be nontransferable. No vendor shall acquire a vested right or property interest from the issuance of a permit, and permits shall at all times be subject to the provisions of this chapter.
(d) Application and fees. Written application for a vendor permit shall be filed with the Police Chief and shall be accompanied by a fee as approved by the City Council. Applicants are strongly encouraged to apply for permits more than forty-five (45) days before the permit is needed in order to ensure timely processing of the application.
The vendor applicant shall provide the following information on a form approved by the Police Chief along with any required documentation:
(1) Names, addresses, email addresses, and telephone numbers of the vendor applicant and of all persons financially interested in the business;
(2) A statement of the type of food or merchandise to be sold;
(3) The location(s) at which the applicant intends to operate;
(4) Number of vehicles the vendor applicant intends to operate, along with a copy of the current registration of each vehicle;
(5) Intended day(s) and hours of operation at such location(s);
(6) The site of the toilet and hand washing facility required by Health and Safety Code Section 114359;
(7) If the toilet and hand washing facility required by the Health and Safety Code is on private property, a copy of an enforceable contract between the private property owner and the vendor applicant allowing vendor to utilize such facilities on the day(s) and hours of operation;
(8) A copy of the health permit required by this chapter;
(9) Agreement by the applicant to indemnify and hold harmless the City, its officers, officials, volunteers, and employees from any and all damages or injury to persons or property proximately caused by the act or neglect of the applicant or by hazardous or negligent conditions maintained at the applicant’s vending location;
(10) Evidence of general liability insurance, as applicable, in a form and at levels of coverage acceptable to the City;
(11) Previous vending permits issued to the applicant in other cities and the status of those permits;
(12) Authority for the Police Chief to conduct the background check necessary for the investigation required by this chapter;
(13) Certification that, to his or her knowledge and belief, the information provided is true and correct;
(14) Such further information as the Clovis Police Department may require.
(e) Investigation. The Police Chief shall conduct an investigation of the application and shall issue a vendor permit within forty-five (45) days of receipt of a complete application, upon finding all of the following:
(1) An accurate application has been filed;
(2) The required application fee has been paid;
(3) All applicable provisions of this chapter have been or will be met;
(4) The vending will not cause excessive traffic congestion, impede pedestrian or bicycle movement, or violate any applicable Federal or State accessibility laws;
(5) The vending will not impede recreational opportunities on City parks, trails, and open spaces;
(6) The vending will not change the residential character of residential neighborhoods or have an adverse effect on the safety of the community in any zone district;
(7) The applicant and all the persons listed on the application have: (a) no previous convictions of felonies; (b) no crimes involving theft or fraud within the preceding ten (10) years.
(f) Conditions of approval. The Police Chief may impose conditions of approval on the vendor permit necessary to make the findings for approval. The Police Chief shall document the need for the conditions.
(g) Permit term and renewal. Except where a vendor permit is issued for a shorter duration, as set forth in subsection (h) of this section, permits shall be issued on a calendar year basis as follows:
(1) Initial permits. First-year permits issued after October 1st shall be valid until December 31st of the succeeding year and automatically expire at that time unless sooner suspended or revoked. First-year permits issued prior to October 1st shall be valid until December 31st of that year and automatically expire at that time unless sooner suspended or revoked.
(2) Annual renewal. Any vendor permit pursuant to this chapter shall automatically expire, terminate, and be of no further force and effect at 5:00 p.m. on December 31st of each year if not renewed. Permits may be renewed prior to expiration by submitting an application for renewal to the Chief of Police prior to November 1st, accompanied by a renewal fee as approved by the City Council. Applicants for renewal of a first-year permit issued for a period of less than twelve (12) months shall receive pro rata credit towards the renewal fee. The application for renewal shall contain the same information required by subsection (d) of this section, updated to reflect changes in the preceding year.
(h) Single event permits. Single event permits shall be for no longer than thirty (30) consecutive days in duration and shall name the exact dates of validity on the permit. No more than one single event permit shall be issued to a vendor in a calendar year.
(i) Priority of applications. Vendor applications will be processed in the order of receipt of a complete application, as determined by the Police Chief, accompanied by payment of the required application fee. Specific vending locations requested by more than one vendor will be allocated based upon this order. A list of applicants shall be maintained and at the time of renewal, the next vendor on the list will have priority. For high demand areas, the Police Chief may limit the duration of permits to less than one year. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.05 Operational requirements.
All vendors are subject to the conditions set forth below:
(a) No vendor shall locate within three hundred feet (300') of the grounds of any elementary or secondary school on any school day while school is in session;
(b) No vendor shall locate within five hundred feet (500') of a freeway entrance or exit;
(c) No vendor shall locate within fifty feet (50') of any street or roadway intersection, crosswalk, fire hydrant, signal crossing, or bus stop;
(d) No vendor shall locate their operation in such a way that would restrict the ingress to or egress from the adjoining property;
(e) No vendor shall locate on any public sidewalk or within any public street adjacent to a curb which has been duly designated by the City as a white, yellow, blue or red zone;
(f) No vendor shall locate within two hundred feet (200') of any other vendor operating during the applicable vending hours specified in this chapter;
(g) No vendor may obstruct the flow of pedestrian traffic by reducing the clear space to less than sixty inches (60") of usable sidewalk pursuant to California Building Code Section 1133B.7.1;
(h) No vendor shall locate their operation in such a way that would restrict accessibility routes and curb cuts;
(i) No vehicle shall roll up onto the sidewalk or cause traffic to block and be delayed;
(j) No driveways, parking lots, or private property can be occupied by a vendor without written permission;
(k) No vendor shall locate their operation in such a way that would restrict trash enclosures;
(l) No vendor shall locate their operation in such a way that would restrict required off street parking and parking meters;
(m) No sidewalk vendor is permitted in residential areas except for roaming sidewalk vendors pursuant to Section 5.33.06;
(n) No vendor shall conduct business with customers in moving cars;
(o) Vendors must provide a visible trash receptacle for use by bona fide purchasers;
(p) The vendor shall not leave any location without first picking up, removing and disposing of all trash or refuse from their operation that remains within one hundred feet (100') of the vendor’s position;
(q) No vending shall occur between the hours of 10:00 p.m. and 7:00 a.m. Specific types of vending may have shorter permitted hours;
(r) No vendor handling food shall operate more than two hundred feet (200') travel distance of an approved and readily available toilet and hand washing facility to ensure that restroom facilities are available to the vendor permit holder and any of its employees whenever operating for more than a one-hour period;
(s) No vendor shall vend within one hundred feet (100') of a special event for one hour before or after the reserved event time;
(t) No vending in Centennial Park;
(u) No sidewalk vendor shall vend in the street;
(v) Vendors shall not use City utility connections, including electricity and water, without prior written approval;
(w) Vendors shall not leave items unattended or stored on public property. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.06 Additional rules for sidewalk vendors.
(a) Roaming sidewalk vendors shall not stop more than ten (10) minutes to vend in one location.
(b) Vendors are prohibited in all exclusively residential zone districts in the City except for roaming sidewalk vendors and special event vendors.
(c) Roaming sidewalk vendors are prohibited from vending in all exclusively residential zone districts between the hours of 6:00 p.m. and 8:00 a.m.
(d) Sidewalk vending is prohibited along the frontage of any business that has a sidewalk permit from the City to sell food or merchandise on the sidewalk in front of the business. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.07 Food truck vendors.
Food truck vendors are regulated by Chapter 34 of Title 5. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.08 Additional rules for vending in parks.
(a) Vendors shall not vend in parks less than one acre in size to preserve the use and enjoyment of smaller residential and pocket parks.
(b) Vendors shall be subject to the City’s park rules and regulations.
(c) Stationary sidewalk vending is not allowed at parks that have exclusive vending contracts.
(d) Vendors shall at all times adhere to the special event restrictions.
(e) Vendors shall at all times meet the two-hundred-foot (200') separation requirement from other vendors, unless otherwise authorized by the Parks Manager pursuant to Section 10.3.02. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.09 Supplemental regulations.
The City Manager and Police Chief, and their designees, are hereby authorized to adopt supplemental rules and regulations, and to develop all related forms and/or other materials, reasonably necessary to implement this chapter, and to make such interpretations of this chapter as they may consider necessary to achieve the purposes of this chapter. Violations of supplemental rules and regulations shall be considered violations of this chapter. (§ 5, Ord. 19-15, eff. January 1, 2020)
5.33.10 Violations.
(a) Fines and penalties. Violations of this chapter or the conditions in a vendor permit shall be subject to the following fines:
(1) Vendor without a valid permit:
(i) An administrative fine of two hundred fifty and 00/100ths dollars ($250.00) for a first violation;
(ii) An administrative fine of five hundred and 00/100ths dollars ($500.00) for a second violation within one year of the first violation;
(iii) An administrative fine of one thousand and 00/100ths dollars ($1,000.00) for a third violation within one year of the first violation;
(iv) An administrative fine of one thousand and 00/100ths dollars ($1,000.00) for a fourth and each subsequent violation within one year of the first violation and confiscation of the vehicle, food and merchandise as provided for in subsections (b) and (c) of this section;
(v) The administrative fines listed in this subsection may be reduced from two hundred fifty and 00/100ths dollars ($250.00) to one hundred and 00/100ths dollars ($100.00), five hundred and 00/100ths dollars ($500.00) to two hundred and 00/100ths dollars ($200.00) and one thousand and 00/100ths dollars ($1,000.00) to five hundred and 00/100ths dollars ($500.00) upon submission of proof of a permit to the City Manager’s office.
(2) Vendor with a valid permit:
(i) An administrative fine of one hundred and 00/100ths dollars ($100.00) for a first violation;
(ii) An administrative fine of two hundred and 00/100ths dollars ($200.00) for a second violation within one year of the first violation;
(iii) An administrative fine of five hundred and 00/100ths dollars ($500.00) for a third violation within one year of the first violation; and
(iv) An administrative fine of five hundred and 00/100ths dollars ($500.00) for a fourth and each subsequent violation within one year of the first violation and revocation or suspension of permit and/or confiscation of vehicle, food and merchandise, as provided for in subsections (b) and (c) of this section.
(3) Penalties for failing to have a Business Tax Certificate are subject to the penalty provision of Chapter 2 of Title 1.
(4) Fines may be issued on a form approved by the City Manager, and shall include an appeal process as provided for in Chapter 28 of Title 5.
(b) Revocation and suspension. The Police Chief may suspend for up to thirty (30) days or revoke any permit issued under this chapter when any one or more of the following grounds are found to exist:
(1) Violation of this chapter or provisions of a vendor permit. The Police Chief shall not revoke a permit for violations of this chapter or the vendor permit that relate solely to the act of vending until the fourth violation in any three hundred sixty-five (365) day period.
(2) Violation of local, State, or Federal law in connection with vendor activity.
(3) When a vendor’s permit was issued under fraudulent circumstances or mistake.
(4) When necessary to protect the public health, safety, or welfare.
(c) Confiscation. In connection with suspension or revocation of a vendor permit, the City may confiscate property used in connection with vending upon a determination that confiscation of the property is necessary to protect the public health, safety, or welfare.
(d) Procedures. The following procedures shall apply for suspensions, revocation, and confiscation:
(1) Prior to revocation or suspension of a permit and/or confiscation of property, the Police Chief shall provide written notice to the vendor stating the reasons for the action by personal notice or certified mail.
(2) The notice shall provide information on the appeal process and explain that a suspension may lead to a permanent revocation of the permit.
(3) Unless immediate suspension is necessary to protect the public health, safety, and welfare, prior to taking final action the Police Chief shall afford the vendor, and vehicle owner when applicable, an opportunity for an appeal hearing pursuant to the procedures set forth in Article 2 of Chapter 28 of Title 5. For immediate suspensions, the appeal hearing, if requested, shall be held within ten (10) business days after the filing of the appeal.
(4) If an appeal is filed, the hearing officer may permanently revoke the permit, reinstate the permit, conditionally reinstate the permit, or modify the suspension, based upon findings related to circumstances described in this section. The Hearing Officer shall also make appropriate findings regarding any confiscation. (§ 5, Ord. 19-15, eff. January 1, 2020)