5.08.1530 Investigation and action upon permit application.
Upon receipt of a complete sidewalk vending permit application (and requisite fees), the community preservation department, or designee thereof, shall conduct a thorough investigation of the application and shall make a determination upon the application within 60 days of acceptance of the completed application. The community preservation department may request supplemental investigation, information, reports, and/or recommendations pertaining to relevant zoning, building, health, safety, fire, law enforcement, or other factors from any appropriate department of the city or other appropriate agency.
Notwithstanding the provisions of Article III, Chapter 5.04 CMC, the director shall approve the issuance of a sidewalk vending permit unless he or she determines that any of the following disqualifications exist:
(1) The applicant has failed to submit any of the information, documentation, and/or fees required pursuant to CMC 5.08.1525;
(2) The applicant does not possess all federal, state, and/or local permits, licenses, certificates, and/or approvals required to engage in the activity in which the applicant seeks to engage;
(3) The applicant has made one or more material misstatements or misrepresentations in the application or supplemental information provided by the applicant;
(4) The applicant’s proposed vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements set forth in this article;
(5) The applicant has failed to demonstrate an ability to conform to the standards, conditions, or requirements set forth in this article; or
(6) The applicant has been convicted of a felony or misdemeanor involving moral turpitude within five years of the date of the application, or is otherwise still on probation or parole for a felony or misdemeanor involving moral turpitude; or
(7) The applicant has been convicted of any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Section 11054, 11055, 11056, 11057, or 11058 within five years of the date of the application, or is otherwise on probation or parole for any offense set forth in this section; or
(8) The applicant is required to register under the provisions of California Penal Code Section 290 (or an equivalent section in any other state); or
(9) If the application is for a renewal of a sidewalk vending permit or a subsequent permit, the applicant has failed to pay all previous administrative fines in connection with a previous violation of this article. (Ord. 709 § 3, 2020).