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a. Neither the filing of an application for a sidewalk vendor license nor the payment of the application fee shall authorize sidewalk vending activities. Prior to authorizing the sidewalk vendor license, each new individual sidewalk vendor and his or her merchandise shall be approved by the City. Following such approval, and prior to commencement of operation of any new sidewalk vendor, the owner will be responsible for providing the following completed documentation to the City and during the term of such owner’s participation shall continue to keep current the following:

1. Name of the business.

2. Name of the applicant.

3. If a corporation, articles of incorporation.

4. Present residence of the applicant and phone number.

5. Business address of the applicant and phone number.

6. A description of the merchandise which the pushcart will vend.

7. Number of pushcarts owned, operated, leased, controlled or contracted by the applicant to be used in the City.

8. A description of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant’s sidewalk vendor conveyances and description of the sidewalk vendor’s uniform.

9. The full and true names and residences of all persons employed, contracted, leased or otherwise given control of the applicant’s pushcart(s).

10. California driver’s license, State issued photographic identification, or similar identification approved by the Chief of Police of the above described persons.

11. Date of birth of the above described persons.

12. Any other license or permit as warranted.

13. The owner shall be responsible for ensuring that all food service permits are obtained from the Lake County Department of Health Services. Copies of current County of Lake Health Department permits, including individual permits for each cart, must be provided to the Chief of Police prior to receiving a sidewalk vendor license for the affected pushcart business. The owner also shall be responsible for ensuring that the commissary(s) have the appropriate and current health/food permits with a copy provided to the Chief of Police.

14. At the time of application, one (1) photograph of the sidewalk vendor and of each of the applicant’s employees, at least two (2") inches by two (2") inches in size, taken within the six (6) month period immediately preceding the date the application shall be submitted.

15. The applicant’s fingerprints and the fingerprints of all employees of the applicant. The applicant and all employees shall complete the Live Scan fingerprint process and are responsible for paying any fees associated with this check.

b. Investigation of Application. The Chief of Police shall investigate the application and background of the applicant for a sidewalk vendor license within a reasonable period of time. The Chief of Police shall, within thirty (30) days after the date of the filing of the application, approve or deny the application for the license or renewal thereof. If an application is deemed pending as set forth in subsubsection (C) of this section, the Chief of Police shall, within thirty (30) days after the adjudication of the pending criminal matter, approve or deny the application for the sidewalk vendor license or renewal thereof.

c. Issuance of Permit. After receiving the application, the Chief of Police shall issue the sidewalk vendor license only if he or she finds that all of the following requirements have been met:

1. The required fees have been paid.

2. The application conforms in all respects to the provisions of this section regulating sidewalk vendors.

3. The applicant has not knowingly made a material misrepresentation of fact in the application.

4. The applicant has fully cooperated in the investigation of the application.

5. Neither the applicant nor any operator of a pushcart or other vending conveyance has been convicted or pleaded nolo contendere or guilty within five (5) years prior to his or her application for a sidewalk vendor license to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance as specified in California Health and Safety Code Sections 11054 through 11058, and crimes involving any of the following actions, which are considered crimes of moral turpitude for the purposes of this subsection: assault with intent to commit murder, attempted lewd acts on a minor, arson, burglary, child abuse, criminal threats, domestic violence when committed against a spouse, failure to register as a sex offender, felon in possession of a firearm, felony hit and run, grand theft auto, murder, perjury, possession for sale of controlled substances, rape, receiving stolen property, robbery, trespass with the intent to injure any property or property rights, or interference with the conduct of business, voluntary manslaughter, and welfare fraud.

6. The investigating city employee is specifically authorized to obtain State summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the charges listed in subsection (c)(5) of this section pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.

d. Sidewalk Vendor License Term and Renewal. The term for a sidewalk vendor license, unless sooner suspended or revoked, shall be for a period of one (1) year. Upon the expiration of such term, the person may renew the sidewalk vendor license by submitting a new application together with such renewal fee as may be established by resolution of the City Council. No sidewalk vendor license shall be sold, leased, transferred, conveyed or granted to any other person.

e. Denial, Suspension or Revocation of Sidewalk Vendor License.

1. If the Chief of Police does not find that all of the requirements set forth in this subsection have been met, he or she shall deny the application for sidewalk vendor license. In the event the application for the sidewalk vendor license is denied by the Chief of Police, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the sidewalk vendor license shall be deemed to have been served if it, in fact, is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the sidewalk vendor license.

2. Any sidewalk vendor license issued under this section may be suspended or revoked by the Chief of Police or his or her designated administrator for any of the following reasons:

(a) Falsehood of any information supplied by the applicant upon which issuance of the sidewalk vendor license was based.

(b) Failure of the applicant to promptly notify the Chief of Police within thirty (30) days of any change occurring subsequent to the issuance of the license in the information supplied by the applicant upon which the issuance of the license was based.

(c) Revocation, suspension or nonrenewal of the certificate of eligibility issued to the applicant by the Lake County Department of Health Services.

(d) Conviction of or plea of guilty or nolo contendere by the applicant of any offense which would have constituted grounds for denial of a sidewalk vendor license.

3. A holder of a sidewalk vendor license shall be notified in writing by the Chief of Police when a permit has been denied, suspended or revoked. Such notice shall contain the grounds upon which the denial, suspension or revocation is based and the right to seek an appeal to the City Manager. If no appeal is filed, denial, suspension or revocation of the license shall become effective ten (10) days after notice is served. If an appeal is filed, the denial, suspension or revocation shall become effective upon final determination of the appeal by the City Manager. Notification shall be deemed to have been served when it is personally served upon the license holder or when deposited in the United States mail with postage prepaid and addressed to the license holder at the last known address of the license holder.

4. Any person whose license is revoked shall not be eligible to apply for a new certificate for a period of one (1) year following such revocation. (Ord. #216-2019, S3)