Chapter 5.10
PERMITS TO DISPLAY MERCHANDISE ON SIDEWALKS
Sections:
5.10.010 Permits for city promotional agencies to use public sidewalks for merchandise displays.
5.10.020 Limitations on permit uses.
5.10.030 Permit fees (refundable and nonrefundable).
5.10.040 Grounds for modification, suspension or revocation of sidewalk sale permit.
5.10.050 Effect of revocation or suspension.
5.10.060 Conditions of approval.
5.10.010 Permits for city promotional agencies to use public sidewalks for merchandise displays.
In the interest of carrying out promotional activities for the general benefit of the city, or a given portion of any commercial area of the city, in order to remain in a competitive position with other cities and shopping centers, any agency, collective group of businesses, or any individual business, whether operating for profit or nonprofit purposes, upon an application to the business license division, may obtain a permit to display and sell merchandise upon the sidewalk in front of fixed places of business within an area of the city zoned for commercial purposes.
Except as otherwise provided in this code, it is unlawful for any person, firm or corporation to use public sidewalks or streets within the city for the purpose of displaying and selling merchandise or to pack, unpack, load or store any goods, wares or merchandise thereon without a permit granted pursuant to this chapter.
(Ord. 1988 § 1 (part), 8-8-95)
5.10.020 Limitations on permit uses.
Sidewalk sale permits, upon application to, and approval by, the business license division, upon such terms and conditions as are deemed appropriate which conditions shall, unless otherwise modified by the city, or the city council by appeal of the decision of the business license division, include the following:
A. No agency, collective group of businesses, or any individual business, whether operating for profit or nonprofit purposes, shall be issued in excess of twelve permits per year, and no permit shall be valid for a period of time in excess of three consecutive days at any one time. When a permit is issued to a collective group of businesses or an agency, each individual business participating under that permit shall be considered to have been issued a permit for purposes of the limitations set forth in this paragraph.
B. Any agency, collective group of businesses, or individual business, whether operating for profit or nonprofit purposes, may file a written request for a variation from the limitation of twelve permits per year as set forth in subsection A of this section.
C. Such permit shall apply only to the area as authorized in the permit issued by the business license division, which shall contain such conditions as the city may impose with respect to traffic and pedestrian travel and safety on the streets and sidewalks in the vicinity of such display and also such conditions as may reasonably be necessary in connection with law enforcement, fire prevention, or health or safety problems.
D. The sale must be conducted in such a manner as to require supervision and observation of the merchandise by the vendor in charge of the sale.
E. Applicant shall furnish insurance to protect the city from liability on such form and in such amounts as are acceptable to the city attorney and deposited with the city clerk.
F. Applicant is responsible for clean-up and clearing the sidewalks at the end of each day of the sale to the satisfaction of the city. All outside displays shall be picked up and the sale area cleaned by the time as set forth on the permit.
G. Every participating business must have a valid business license. Vendors shall comply with all applicable city and health department regulations. Every participating business must be limited to doing business only as currently licensed by the city.
H. All temporary signs and banners shall be subject to the approval of the city’s community development department, building and safety department and public works department, as appropriate.
I. All sidewalk sale permits shall be subject to the fees, deposits, charges, and penalties as set forth in the South Gate fee resolution.
(Ord. 2020 § 1, 1997: Ord. 1988 § 1 (part), 8-8-95)
5.10.030 Permit fees (refundable and nonrefundable).
Any agency, collective group of businesses, or individual business, whether operating for profit or nonprofit purposes, desiring to conduct a sidewalk sale in the city of South Gate shall obtain a permit from the city to do so, and shall pay the permit fees as set forth in the South Gate fee resolution. Such permit fees, including any deposits, charges, or penalties, shall be paid to and collected by the business license division.
If the city finds that permittee has complied with all of the terms and conditions of the sidewalk sale permit and has not damaged and/or caused to be damaged any city property, the permittee shall be entitled to receive the refundable portion of the fees. However, no refund shall be made in the event that the permittee fails to comply with any and all of the terms and conditions of the sidewalk sale permit and/or damages or causes to be damaged, any city property. In addition, the city may assess additional fees for damages, personnel, equipment, etc., above and beyond those encompassed by the original permit fee.
The nonrefundable portion of the permit fee, as set forth in the South Gate fee resolution, shall be retained by the city as compensation for staff time required to evaluate and process the sidewalk sale permit.
(Ord. 1988 § 1 (part), 8-8-95)
5.10.040 Grounds for modification, suspension or revocation of sidewalk sale permit.
The city may condition, modify, suspend, or revoke any sidewalk sale permit issued pursuant to this chapter, if the city finds that one or more of the following conditions exists:
A. Permittee fails to comply with any of the terms and conditions as set forth in this chapter, the sidewalk sale permit, or any other conditions which the city may deem appropriate prior to the issuance of the permit;
B. Any business participating in a sidewalk sale is found to be in violation of the city’s business license requirements as set forth in this code;
C. Any business participating in a sidewalk sale is found to be in violation of the city’s noise emissions ordinance as set forth in this code.
(Ord. 1988 § 1 (part), 8-8-95)
5.10.050 Effect of revocation or suspension.
A. No refunds of any sidewalk sale permit fees shall be made to any permittee upon suspension or revocation of a sidewalk sale permit.
B. Following suspension or revocation of any sidewalk sale permit for cause under this chapter, no sidewalk sale permit to conduct the same activity shall be issued to the same agency, collective group of businesses, or individual business, for a period of one year.
(Ord. 1988 § 1 (part), 8-8-95)
5.10.060 Conditions of approval.
A. Right to Condition Permit. The city may condition any sidewalk sale permit if it is determined that grounds for denial or revocation exist, or that the manner in which the activity will be conducted or operated is detrimental to the public health.
B. Application to Modify Conditions. The city may modify or eliminate any conditions previously imposed on a sidewalk sale permit upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist.
C. Consent to Right of Entry. If the city finds that unannounced inspections of the business premises are necessary to enforce the provisions of this chapter, city either may impose as a condition of the permit that the permittee consent to entry of the permittee’s place of business at all reasonable times by any city officer or employee authorized to enforce the provisions of this chapter or other provisions of this code. Upon presentation of proper credentials by any such officer or employee, the permittee shall allow such inspection.
D. Noise Abatement. Whenever it shall be determined by the city that noise from any sidewalk sale activity permitted under this chapter interferes with the right of persons dwelling in the vicinity of such activity to the peaceful and quiet use and enjoyment of their property, or that the activity permitted under this chapter is in violation of the city’s noise emissions ordinance, the city may require that permittee eliminate the noise or reduce it to a reasonable level. In taking any action under this section, the city shall balance all of the interests of the respective parties, as well as the hardship which will result from any such noise mitigation measures. If the city finds that the noise complained of is minimal or inconsequential, no action shall be taken under this section.
(Ord. 1988 § 1 (part), 8-8-95)
5.10.070 Enforcement.
The director of finance, director of building and safety, and/or the chief of police, or their designees, shall be responsible for the enforcement of the provisions of this chapter.
(Ord. 1988 § 1 (part), 8-8-95)