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10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />PRO <br />27 <br />IN <br />"Itinerant Vending Business" means any vending or similar business activity <br />transacted on any public or private property within the City when such vending or similar <br />business activity is conducted from any motorized or non -motorized vehicle, cart, trailer, stand, <br />booth, wagon, box, grocery cart or similar container, other wheeled conveyance movable by <br />human power, any instrumentality used in food preparation or food keeping, or from any location <br />that has not obtained all requisite zoning and development approvals. <br />"Perishable" means any item or items that spoil, perish or decay rapidly; or are <br />likely to spoil, perish or decay rapidly if not refrigerated, including but not limited to food, <br />beverages and flowers. <br />12.44.020 Unlicensed Itinerant Vending Business Prohibited. <br />It is unlawful for any person to engage in any Itinerant Vending Business, without <br />first paying the application fee and obtaining a City business license as set forth in Section <br />5.02.030 of the City Code, or for any person to carry on the activities of the Itinerant Vending <br />Business without keeping a current City business license with him or her at all times while <br />transacting and carrying on the activities of the Itinerant Vending Business, as set forth in <br />Section 5.02.130 of this Code. <br />12.44.030 Violation; Remedies. <br />Any person who violates section 12.44.020 is guilty of a misdemeanor, as set <br />forth in section 5.02.370 of this Code, and may be cited or arrested for such violation. <br />12.44.040 Seizure of Goods <br />Upon the citation or arrest of any person for violation of section 12.44.020, the <br />City may seize and impound all perishable and non-perishable goods in the possession of the <br />unlicensed itinerant vendor. <br />12.44.050 Procedure for Release of Perishable Goods. <br />(a) Following citation or arrest pursuant to section 12.44.030, the unlicensed <br />itinerant vendor shall sign a declaration, which shall declare, under penalty of perjury, the name <br />and contact information of the rightful owner of the seized goods. <br />(b) The City shall make a reasonable attempt to contact the rightful owner of <br />any seized perishable goods, if other than the itinerant vendor arrested or cited, in order to <br />provide that owner with an opportunity to retrieve the goods within twenty-four (24) hours. The <br />rightful owner, as set forth in the declaration described in subparagraph (a) of this section, must <br />present valid identification to the City, before the City will release any seized goods. <br />(c) If the unlicensed itinerant vendor claims to be the rightful owner of the <br />seized perishable goods, said itinerant vendor must present valid identification to the City, and <br />must sign the declaration described in subparagraph (a) declaring himself or herself to be the <br />rightful owner. In such case, the City shall provide said itinerant vendor the opportunity to either: <br />(i) contact, with one (1) phone call (which one (1) phone call shall be <br />in addition to any other phone calls permitted by law to an arrestee), another individual to pick up <br />the seized perishable goods, provided that the goods must be picked up within twenty-four (24) <br />hours; or <br />-2- <br />