Chapter 5.44
VENDING REGULATIONS
Sections:
5.44.020 Eligibility and restrictions for a vendor’s permit.
5.44.025 Supplemental rules for Infinity Park.
5.44.050 Review and inspection.
5.44.060 Effect of disapproval.
5.44.070 Requirements for issuance.
5.44.090 Conditions of good standing.
5.44.010 General purpose.
The general purpose of the ordinance codified in this chapter is to allow vending of certain things in city of Glendale parks and on public rights-of-way outside of the roadway and to control said vending by requiring a vendor’s permit. (Ord. 1995-1 § 1)
5.44.020 Eligibility and restrictions for a vendor’s permit.
A. The office of the City Clerk may issue to any person a vendor’s permit to occupy space in a city park or the public rights-of-way outside of the roadway for the purpose of placing a pushcart or other vending stand or device at a location approved by the Director of Public Works, in order to sell therefrom food, beverages, and food products, or to rent sporting items such as bikes, roller blades, skates, etc. The sale or rental of any other merchandise or service is specifically prohibited.
B. Each permit shall be valid for not more than one (1) location, and only two (2) permits will be issued for each park located in the city of Glendale. Once a permit for a pushcart or other vending stand or device has been issued and remains in effect as defined in this chapter at a specific location, no other person may be issued a permit for the same location.
C. The permit shall be valid for a maximum of twelve (12) months from and after the date of issuance, and may be revoked without cause.
D. No owner, part owner, shareholder or person interested, directly or indirectly, in any permit issued pursuant to this chapter shall conduct, own, in whole or in part, or be directly or indirectly interested in more than two (2) permits issued pursuant to this chapter.
E. Pushcarts or vending stands or devices are prohibited from occupying space in or on the following areas:
1. Inside any pavilion area;
2. Landscaped beds;
3. Tennis court, basketball court and volleyball court;
4. Within fifty (50) feet of a restroom facility;
5. Areas designated as playgrounds;
6. Sidewalk, stairway, pathway where pedestrian traffic may be hindered. (Ord. 1995-1 § 2)
5.44.025 Supplemental rules for Infinity Park.
The City Manager may issue exceptions to the requirements of Section 5.44.020 for vendor’s permits issued for Infinity Park on days that events will be held. The City Manager may require additional fees for said vendor’s permit to offset the costs of the event. (Ord. 2011-3 § 1)
5.44.030 Permit—Required.
It is unlawful for any person to engage in vending activities in city parks or on public rights-of-way without obtaining a vendor’s permit as provided in this chapter. Upon conviction of a violation of this section, there shall be imposed a penalty as specified in Section 1.16.010 of this code. (Ord. 1995-1 § 3)
5.44.040 Permit—Application.
Applicants for a vendor’s permit shall file an application with the City Clerk on forms to be provided for that purpose. The application shall be accompanied by a nonrefundable application fee of twenty-five dollars ($25.00) for a new permit, or ten dollars ($10.00) for renewal of an existing permit, and shall include the following information:
A. Name and address of the applicant;
B. Description of type of food and beverages to be sold or rental services to be rendered;
C. A description and photograph or drawing of the pushcart or other vending stand or device to be used;
D. A site plan showing the location for which application for a permit is made in accordance with the requirements of Section 5.44.020 of this chapter;
E. Evidence that the applicant has been or will be issued liability insurance coverage in such amount as the office of City Manager deems necessary, with the city of Glendale named as an additional insured. (Ord. 1995-1 § 4)
5.44.050 Review and inspection.
Before issuing a vendor’s permit, the office of the City Clerk shall submit the permit application as follows:
A. To the office of the City Manager, or his designee, to indicate approval or disapproval of the design of the proposed pushcart or other vending stand or device, whether the goods or services to be sold are compatible with existing permits issued for the vicinity of the proposed location, and whether the liability insurance coverage is appropriate, based on standards established by the City Manager, or his designee; and
B. To the Director of Public Works for review of the proposed location set forth therein, to determine whether the use of such location for vending is compatible with the public interest. In making such determination, the Director of Public Works may consider whether the proposed use in a city park would negatively impact other activities scheduled in the park and the proximity and location of existing facilities in the park, including but not limited to park furniture, pavilions, volleyball courts, basketball courts, tennis courts or walkways. In making such determination for the use of a public right-of-way, the Director of Public Works may consider whether the proposed use would result in pedestrian or street congestion; the proximity and location of existing street furniture, including but not limited to signposts, lamp posts, bus shelters, benches, planters, newsstands and newspaper vending devices; and the presence of bus stops, truck loading zones, taxi stands or hotel zones. The Director of Public Works shall also determine whether the pushcart or other vending stand or device may remain at the proposed location overnight, if such a request is made in the application.
C. If more than two (2) applications are submitted and approved for a particular park, the applicants to be issued the permits shall be chosen by lottery, based on standards established by the City Manager, or his designee. (Ord. 1995-1 § 5)
5.44.060 Effect of disapproval.
If the office of the City Manager disapproves the design of the pushcart or other vending device, or if the Director of Public Works disapproves the location proposed to be used as provided under Section 5.44.050 of this chapter, no permit shall be issued. (Ord. 1995-1 § 6)
5.44.070 Requirements for issuance.
A permit may be issued under this chapter, subject to the following requirements:
A. Approval of the application by the office of City Manager and Director of Public Works;
B. Proof of liability insurance coverage in the amount approved by the City Manager, with the city of Glendale named as an additional insured;
C. Payment of the annual fee for a vendor’s permit issued under this chapter in the amount of fifty dollars ($50.00), prior to issuance of the permit;
D. In addition to naming the permittee and other information required by the office of the City Clerk, the permit shall contain the following:
1. The period of time for which the permit is issued and the date operation is to begin,
2. A statement that the permit issued shall be personal only and not transferable in any manner,
3. A statement that the permit is valid only when used at the location designated on the permit,
4. A statement that the permit is subject to the provisions of this chapter,
5. A statement that the permittee shall hold the city harmless from any liability;
E. Insure that all other necessary licenses or permits have been issued, including sales tax licenses and County Health Department approval where applicable. (Ord. 1995-1 § 7)
5.44.080 Renewal.
The permit may be renewed within thirty (30) days prior to expiration upon payment of the fifty-dollar ($50.00) annual permit fee, subject to the provisions specified herein for application for a permit. (Ord. 1995-1 § 8)
5.44.090 Conditions of good standing.
A person with a valid vendor’s permit may transport the approved pushcart or other vending stand or device to the approved location and utilize the same to display goods or demonstrate services, provided:
A. That the permittee shall not use any device, chair, stand, box, container or table that does not comply with the requirements of this chapter and shall not place any such things on any sidewalk, roadway or street, except as permitted hereunder;
B. That the permittee shall pick up any paper, cardboard, wood or plastic container, wrappers or any similar litter which is deposited within twenty-five (25) feet of the approved location designated on the permit, and have available at the approved location a suitable container for the placement of such litter by customers or other persons;
C. That the permittee shall not vend to any person who is standing in a street, highway or roadway;
D. That the permittee shall not vend from a pushcart or other vending device at a location other than that designated on the permit;
E. That the permittee shall comply with all applicable provisions of the fire codes, building codes, and all other applicable ordinances of the city of Glendale;
F. That the permittee shall not conduct the business for which the permit was issued hereunder between the hours of ten p.m. and eight a.m.;
G. That the permittee shall not use any type of amplified sound for any purpose. (Ord. 1995-1 § 9)
5.44.100 Exemptions.
Vendors of newspapers and/or flowers located on public rights-of-way are exempt from obtaining a vendor’s permit. (Ord. 1995-1 § 10)
5.44.110 Revocation.
A vendor’s permit may be revoked for the following reasons:
A. Violation of the provisions of Section 5.44.090 of this chapter;
B. Failure to begin operation within thirty (30) days of the date of operation stated in the application for a vendor’s permit or if operation ceases for more than fourteen (14) consecutive days, unless an extension has been approved;
C. Cancellation of the required liability insurance policy if said cancellation is not remedied within ten (10) days after the date of cancellation. (Ord. 1995-1 § 11)