CHAPTER 5.32
SIDEWALK SALES
Section
5.32.010 Permit - issuance authority
5.32.020 Permit - cost - application filing and fee
5.32.030 Permit - condition of issuance
5.32.040 Permit - liability insurance requirements
5.32.070 Violation - citation issuance authority
5.32.010 PERMIT - ISSUANCE AUTHORITY.
The City Manager shall be authorized to issue permits with Technical Advisory Committee approval allowing the display and sale of articles on public property for limited periods of time in connection with street fairs, sidewalk sales, sales promotion campaigns or other similar promotion campaigns conducted by individual merchants, the chamber of commerce, downtown improvement board, service organizations or nonprofit organizations within the City. The City Manager may regulate the conditions of display of the merchandise including, but not limited to, the hours of display and the location thereof. Sidewalk sales not conducted downtown may require a limited term permit.
(Ord. 875, § 41, passed 8-25-2008)
5.32.020 PERMIT - COST - APPLICATION FILING AND FEE.
The cost of a permit to be issued pursuant to this chapter and application and appeal fees shall be set by City Council resolution. An application for a permit shall be filed with the Community Development Department together with the application fee, as established by City Council resolution.
A. Applications; generally. The application shall list the dates of the event, including any extended set up/take down dates beyond the dates of event itself. The application shall contain a listing of all participating merchants and a diagram indicating the location of displays. The City must receive the application no later than three (3) weeks prior to the date of the event.
B. Applications; state right-of-way. Applicants must obtain a Caltrans encroachment permit for events within the state right-of-way along Main Street (State Route #1). In the case of each event, in addition to the requirements as set forth in this chapter, individual merchants, the Chamber of Commerce, Downtown Improvement Board, or service and nonprofit organizations need to supply the City with the following:
1. The completed application listing the dates of the event, including any extended set up/take down dates beyond the dates of event itself. The application shall contain a listing of all participating merchants and a diagram indicating the location of displays. The City must receive the application no later than sixty (60) days prior to the date of the event.
2. Merchants, Chamber of Commerce, the Downtown Improvement Board, service organizations or nonprofit organizations, individually or as a group, shall execute a hold harmless agreement holding both the City and the state harmless against any and all claims arising out of the event.
(Ord. 519, § 4, passed -- 1979; Am. Ord. 695, § 2, passed -- 1989; Am. Ord. 701, § 5, passed -- 1989; Am. Ord. 816, § 3, passed -- 1999; Am. Ord. 875, § 42, passed 8-25-2008)
5.32.030 PERMIT - CONDITION OF ISSUANCE.
No permit shall be issued pursuant to this chapter if, in the opinion of the Technical Advisory Committee (“TAC”), the proposed sale or promotion would constitute an unreasonable safety or traffic hazard.
(Ord. 519, § 5, passed -- 1979; Am. Ord. 816, § 3, passed -- 1999)
5.32.040 PERMIT - LIABILITY INSURANCE REQUIREMENTS.
No permit shall be issued pursuant to this chapter until the applicant for such permit has filed with the City Clerk evidence of insurance as set forth in the City’s Administrative Regulations as from time to time amended.
(Ord. 872, § 3, passed 8-25-2008)
5.32.050 APPEAL PROCEDURE.
The decision of the City Manager or Technical Advisory Committee denying a permit under this chapter may be appealed by the applicant in accordance with the procedures described in Chapter 1.08.
(Ord. 900, § 8, passed 12-12-2011)
5.32.060 VIOLATION - PENALTY.
Violations of this chapter are declared to be infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12.
(Ord. 874, § 8, passed 8-25-2008)
5.32.070 VIOLATION - CITATION ISSUANCE AUTHORITY.
The Fort Bragg Chief of Police or his or her authorized representative of the City shall have the authority to issue citations for violations of this chapter in the manner set forth in Chapter 1.12.
(Ord. 874, § 9, passed 8-25-2008)