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A. The chief of police or his or her designated representative shall grant the permit only if he or she finds that all of the following requirements have been met and that applicant accepts his or her liability as set forth in subsection B of this section:

1. The required fees have been paid;

2. The applicant has obtained all other applicable federal, state, county and city permits or licenses, and is in good standing with the applicable issuing authority;

3. To the extent that the applicant may vend on private property, the applicant has obtained written permission of the private property owner and any applicable land use permits;

4. The application conforms in all respect to the provisions of this chapter;

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

6. The applicant, if an individual, or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation, or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle, or a natural person employed or contracted with to be a driver is not disqualified from holding a city permit or license under Section 5.08.030;

7. The applicant has complied with Section 12.36.030, if the applicant intends to vend or operate within the boundaries set forth in Section 12.36.020;

8. The goods and/or services the applicant proposes to offer or sell from the vehicle are legal under both state and federal law.

B. Insurance and Indemnification Provisions.

1. Each permittee is solely responsible for any damage or liability occurring by reason of anything done or omitted to be done by the permittee or his or her agent, employee, servant or subcontractor, or in connection with any work, authority or jurisdiction delegated under any permit issued as a result of an application; and each permittee shall indemnify and hold harmless the city, its officers, agents, employees or servants from any and all loss and liability, including cost of defense and attorney fees, resulting from any claims made by reason of or in connection with any work done under the authority of or as a result of any permit issued under this chapter.

2. It shall be unlawful for any person to own, lease, drive, operate or cause or permit to be driven or operated any food vending vehicle in the city for vending purposes unless such person has submitted with his application for permit a motor vehicle liability insurance policy, covering each food vending vehicle, issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this chapter.

3. The required motor vehicle liability policy shall insure the owner, driver, and any other person using or responsible for the use of any food vending vehicle with the consent, expressed or implied, of such owner, driver or person against loss from the liability imposed upon such owner, driver or person by law for injury to, or death of, any person, or damage to property going out of the maintenance, operation or ownership of any food vending vehicle, in an amount of one million dollars, combined single limit, no aggregate.

4. Every insurance policy and every certificate of motor vehicle liability insurance filed within the city pursuant to the provisions of this chapter shall contain the following endorsements:

a. This policy shall inure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death, by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall in no manner be abrogated or abated by the death or dissolution of the feasor or the insured.

b. There is continuing liability up to the full amount of the policy, notwithstanding any action or recovery thereon.

c. No cancellation or reduction in coverage of this policy for any reason whatsoever shall become effective until the expiration of thirty days after written notice of such cancellation or reduction in coverage shall have been given to the chief of police. Said period of thirty days to commence running from the date said notice is actually received in the office of the chief of police.

C. If the chief of police or his or her designated representative finds that all of the requirements set forth in this section have not been met, he or she shall deny the application for a vendor’s permit. In the event the application for the permit is denied by the chief of police or his designated representative, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Any applicant whose application for a permit under this section has been denied may appeal such denial to the city council as provided by Chapter 1.20. (Ord. 1594 § 3 (part), 2014)