Chapter 5.64
PEDDLERS AND STREET VENDORS
Sections:
5.64.010 Permit required to peddle or sell in public street.
5.64.020 License peddling – Standing in one location; hours of operation.
5.64.040 Sales from human-powered devices prohibited.
5.64.010 Permit required to peddle or sell in public street.
A. Except as provided in subsection B of this section and in Section 5.64.020, no person shall peddle, sell or offer for sale any food, goods, wares or merchandise of any kind or description from any stand located in or upon any public street or alley of the city, or from any wagon, cart, pushcart, truck, automobile, carriage or other vehicle standing on any public street or alley in the city.
B. Any person peddling or selling, or offering for sale, any food, goods, wares or merchandise of any kind in the public right of way shall first obtain a permit to do so from the community development director in accordance with Section 5.04.160 of this Code. A background check shall be conducted on the applicant. As used in this chapter, “public right of way” means any street, highway, alley, sidewalk, access easement, or similar public property which has been dedicated to public use and is maintained under public authority.” (Ord. 1726 § 28 (part), 2011; Ord. 1691 § 1, 4-26-07; Ord. 1623 § 3, 2002; Ord. 1601 § 55, 2000; prior code § 4-10.01)
5.64.020 License peddling – Standing in one location; hours of operation.
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public right of way except in accordance with all applicable provisions of this code, State and local laws, and in compliance with the following requirements:
A. No vending from any vehicle shall be permitted for a period of time in excess of ten minutes in any one location and said vehicle must be moved a distance of not less than one-hundred feet between consecutive stops at which vending occurs.
B. Any vendor conducting business pursuant to a permit required by this chapter shall be permitted to peddle or sell food, goods, wares or merchandise only during the hours from 12:00 p.m. (noon) to 6:00 p.m. during the months of July and August, and in all other months of a year, during the hours from 3:00 p.m. to 6:00 p.m.
C. No vehicle from which sales occur shall attach to or receive any utilities from private or public property.
D. All vendors conducting business pursuant to a permit required by this chapter, shall also comply with the restrictions of Sections 8.36.030 and 10.28.150.
E. The city business license and permit issued pursuant to Title 5 of this code shall be displayed in conspicuous view on the vehicle from which sales occur.
F. Any health permit required by law for the sale of any produce or other food item shall be displayed in conspicuous view on the vehicle from which sales occur.
G. Each vehicle from which sales are made shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such sales. The vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, 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 of such vehicle on any public property other than in a trash receptacle provided for such purposes. The vendor shall not deposit refuse in any public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor.
H. Each vehicle from which sales occur shall have the name, address, and telephone number of the permit holder permanently affixed on both the left and right sides of the vehicle. Such information shall be in letters and numerals not less than four (4) inches in height and shall be in contrast to the color of the background upon which the letters are placed.
I. Each vehicle from which sales occur shall be maintained free of graffiti.” (Ord. 1691 § 2, 4-26-07; Ord. 1623 § 4, 2002; prior code § 4-10.02)
5.64.030 Permit requirements.
All permits granted by the community development director under the provisions of this chapter shall set forth the location(s) in which such street vendor, peddler, huckster or other person selling such food, goods, wares or merchandise shall be permitted, and shall designate the hours and length of time during which such street vendor, peddler, huckster or person selling shall be so permitted to stand at one location on any such street. (Ord. 1726 § 28 (part), 2011; Ord. 1623 § 5, 2002; prior code § 4-10.03)
5.64.040 Sales from human-powered devices prohibited.
It is unlawful for any person to sell or offer for sale any goods or merchandise from any human-powered device parked, stopped or standing upon the public right of way. As used in this section, “human-powered device” means any device moved by human power, including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping cart, or other wheeled container or conveyance.” (Ord. 1691 § 3, 4-26-07)