HomeMy WebLinkAboutOrd 867 ORDINANCE NO. 867
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, ADDING CHAPTER 5.98 "SIDEWALK
VENDORS" TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE REGULATING SIDEWALK VENDORS IN
COMPLIANCE WITH SENATE BILL 946 AND AMENDING
CHAPTER 5.48 "PEDDLERS" OF TITLE 5 OF THE
CATHEDRAL CITY MUNICIPAL CODE
WHEREAS, Senate Bill 946 was approved by the Governor in September, 2018,
prohibiting a local authority from regulating sidewalk vendors, except in accordance with
the provisions of the Bill; and
WHEREAS, Senate Bill 946 authorizes the City Council to adopt by ordinance
additional requirements regulating the time, place, and manner of sidewalk vending if the
requirements are directly related to objective health, safety or welfare concerns; and
WHEREAS, Senate Bill 946 went into effect January 1, 2019; and
WHEREAS, the City Council desires to establish a sidewalk vending program that
will benefit the City as a whole by facilitating entrepreneurship and providing economic
opportunity for people to support themselves and their families; and
WHEREAS, the establishment of a sidewalk vending program under the authority
provided in Senate Bill 946, shall ensure protection of the health, safety, and welfare of
City residents, businesses and visitors; and
WHEREAS, amendments to the Chapter 5.48 of the Cathedral City Municipal
Code are intended to distinguish between sidewalk vendors and peddlers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY ORDAINS AS FOLLOWS:
SECTION 1. ADDITION OF CHAPTER 5.98 TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Chapter 5.98 "Sidewalk vendors" is hereby added to Title 5 of the Cathedral City
Municipal Code to read as set forth in the attached Exhibit A.
SECTION 2. AMENDMENT TO CHAPTER 5.48 OF TITLE 5 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Chapter 5.48 "Peddlers" of Title 5 of the Cathedral City Municipal Code is hereby
amended to read as set forth in the attached Exhibit B.
SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence
or word of this ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
SECTION 4. CEQA
The adoption of this ordinance is exempt from review under the California
Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA
Guidelines which allows an exemption where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment,
Section 15308 regarding actions taken by an agency pursuant to state law, and Section
15378 because "project" under CEQA does not include organizational or administrative
activities of government that will not result in direct or indirect physical changes in the
environment.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and
adoption by the City Council.
SECTION 6. POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance,
cause it to be posted in at least three (3) designated public places; shall certify to the
adoption and posting of this Ordinance; and shall cause this Ordinance and its
certification, together with proof of posting, to be entered in the Book of Ordinances of
this City.
SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on the 25th day of January, 2023, by the following vote:
Ayes: Councilmembers Gutierrez, Gregory and Ross; Mayor Pro Tem
Carnevale and Mayor Lamb
Noes: None
Abstain: None
Absent: NoneC -/-)---/-)
Ri'a Lamb, Mayor
ATTEST:
•
11 LAP
racey R. -r osillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
EXHIBIT A
TITLE 5
Chapter 5.98
"Sidewalk vendors"
5.98.010 — Purpose.
The purpose of this chapter is to establish a sidewalk vending program within the
jurisdictional boundaries of the city while maintaining regulations that are directly related
to the objective health, safety, and welfare of the city.
5.98.020 — Definitions.
The following definitions apply to this chapter:
A. "Cart" means any pushcart, stand, display, pedal-driven cart, wagon,
showcase, rack, or other nonmotorized conveyance, and includes a
stationary cart or a mobile cart.
B. "Director" means the director of the city's planning department.
C. "Enforcement officer" means any city code enforcement officer or other
employee authorized by the city to enforce the provisions of the city's
municipal code.
D. "Food" means any type of edible substance or beverage.
E. "Goods" or "merchandise" means any item that is not food.
F. "Health department" means the Riverside County Department of
Environmental Health.
G. "License" means a business license issued pursuant to chapter 3.28 of the
City of Cathedral City Municipal Code.
H. "Mobile cart" means a pushcart, pedal-driven cart, wagon, or other
nonmotorized conveyance used by a roaming sidewalk vendor.
"Permit" means a permit issued to a sidewalk vendor in accordance with
this chapter.
J. "Person" or "persons" means one or more natural persons, individuals,
groups, businesses, business trusts, companies, corporations, joint
ventures, joint stock companies, partnerships, entities, associations, clubs
or organizations composed of two or more individuals (or the manager,
lessee, agent, servant, officer or employee of any of them), whether
engaged in business, nonprofit or any other activity.
K. "Roaming sidewalk vendor" has the same meaning as set forth in
Government Code section 51036(b), and includes a sidewalk vendor who
moves from place to place and stops only to complete a transaction.
L. "Rules and regulations" means the rules and regulations established by the
director concerning the sidewalk vending program that is intended clarify
and aid in the administration and enforcement of this chapter.
M. "Sidewalk" means any surface in the public right of way provided for the use
of pedestrians.
N. "Sidewalk vending program" means the program established by this chapter
that is applicable to sidewalk vending-related activities.
0. "Sidewalk vendor" has the same meaning as set forth in Government Code
section 51036(a), and includes a person who sells food or merchandise
from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack,
or other nonmotorized conveyance, or from one's person, upon a public
sidewalk or other pedestrian path.
P. "Stationary cart" means a pushcart, stand, display, pedal-driven cart,
wagon, showcase, rack, or other nonmotorized conveyance, that is
intended to be operated from a fixed location by a stationary sidewalk
vendor instead of being moved from place to place, where stops are limited
to completing a transaction.
Q. "Stationary sidewalk vendor" has the same meaning as set forth in
Government Code section 51036(c), and includes a sidewalk vendor who
vends from a fixed location.
R. "Vehicle" means a motorized vehicle as defined in Vehicle Code section
670.
5.98.030 — Administration.
The director is authorized to develop, and enforce, the rules and regulations
regarding the permitting and operation of sidewalk vending, in accordance with this
chapter.
5.98.040 — Business License required.
No sidewalk vendor may operate anywhere within the city without first obtaining a
business license pursuant to chapter 3.28. Sidewalk vendors must comply with the terms
and conditions set forth in the business license.
5.98.050 — Sidewalk Vending Permit required.
A. Except as provided for in section 5.98.080, no person may vend from a public
sidewalk anywhere within the city without first obtaining a sidewalk vending
permit, in accordance with this chapter.
5.98.060 — Application requirements.
A. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following
as part of their application:
i. Valid identification, such as a State of California identification, or any other
government-issued identification card;
ii. The name, address and telephone number of the sidewalk vendor;
iii. Proposed general area of operation (street boundaries);
iv. Whether the sidewalk vendor intends to operate a stationary cart or a mobile
cart;
v. Description of the type of merchandise or food offered for sale or exchange;
vi. A general written description, diagram or photograph of the vending cart;
vii. Proof of a valid City business license;
viii. An application fee as set forth by resolution of the city council;
ix. A valid California Department of Tax and Fee Administration seller's permit
and additional licenses from state or local agencies to the extent required
by law;
x. Proof of completion of a food handler course and present a copy of the
course completion certificate, if applicable;
xi. A permit from the health department for food-related vending, if applicable;
and
xii. A declaration that the sidewalk vendor shall comply with all applicable
federal, state and local laws;
xiii. A declaration that the information provided to the city is true and correct;
and
xiv. Any other information, including operations related information, as may be
required by the rules and regulations.
B. Permits will expire one year after the date of issuance.
C. Permits are not transferable.
5.98.070 — Renewal.
A. To renew a sidewalk vending permit, a sidewalk vendor must provide all the
information as set forth in section 5.98.060.
B. A person whose license or permit is revoked may not renew their license or permit
for one year.
5.98.080 — Nonprofit and charitable organizations
Nonprofit, charitable organizations and similar operations which conduct a sale in
the public right of way are required to obtain a sidewalk vendor permit. No permit fee shall
be required.
5.98.090 — Denial, revocation, or suspension of permits.
A. In addition to any other reason provided for in this chapter, a permit may be denied,
suspended or revoked when it has been determined that the sidewalk vendor:
i. Has violated the applicable provisions of this chapter for the fourth time
during the period for which the permit was issued;
ii. Has knowingly made a false statement of fact in an application for such
permit; or
iii. Has failed to pay the balance due on any administrative fine regarding the
permit.
B. From the time of the revocation or suspension of a sidewalk vendor permit granted
under the provisions of this chapter, it is unlawful for any person whose permit has
been suspended or revoked to operate within city jurisdictional boundaries until a
new permit has been procured or the period of suspension has expired. It is also
unlawful for any person to operate within the city during the period of time that a
permit has been revoked, terminated or suspended.
5.98.100 — Appeal hearings.
The rights of appeal provided for in section 13.150.210 of chapter 13.150 are
available to an applicant in the event that his or her permit has been denied, revoked or
suspended based on the provisions of this chapter.
5.98.110 — Operational requirements.
Unless properly regulated, sidewalk vending poses a unique risk to the health,
safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian
safety, mobility, visual blight due to litter on public and private property, unsanitary
conditions involving food preparation, risks to children, and consumer protection. As a
result, the City imposes the following operational requirements:
A. A sidewalk vendor must obtain and prominently display all required permits.
B. A sidewalk vendor must operate upon a public sidewalk or other pedestrian path.
C. A cart used for sidewalk vending must be placed and used at all times in
compliance with the terms and conditions of the permit and all other applicable
laws and regulations, including the California Retail Food Code if food is sold.
D. Sidewalk vendors may operate in non-residential areas between 7:00 a.m. and
dusk, except they may operate beyond said limits in areas zoned for commercial
use where businesses are open during those hours.
E. No "cart," condiment table or trash receptacle may be left on the sidewalk after the
sidewalk vendor's stated closing time.
F. A sidewalk vendor must maintain a clean and trash-free 10-foot radius from a
stationary cart during hours of operation and must leave the area clean by the
approved closing time.
G. Sidewalk vendors that vend food items must provide a trash receptacle for
customers and must ensure proper disposal of customer trash. The trash
receptacle must be large enough to accommodate customer trash.
H. Sidewalk vendors are prohibited from discharging, releasing, or spilling any waste,
liquid, or food products into or onto the gutter, street, storm drain, or sidewalk. Any
Sidewalk vendor in violation of this prohibition, whether inadvertent or otherwise,
shall immediately report the discharge, release or spill to the City and clean up the
discharge, release or spill.
5.98.120 — Vending Prohibitions.
A. No stationary cart may be used to vend within a residential zoned area. However,
a sidewalk vendor may use a mobile cart within a residential zone, and must move
continuously except when necessary to complete a sale.
B. Sidewalk vending is prohibited in the center median of any street.
C. A sidewalk vendor shall not solicit or conduct business with persons in motor
vehicles.
D. Sidewalk vendors must not operate in a public parking lot occupying a designated
parking space with markings to indicate where authorized parking is permitted, in
drive aisles, or in landscaped areas or planters.
E. Sidewalk vendors are prohibited from selling alcoholic beverages, cannabis,
tobacco, weapons, fireworks, and illegal materials or other contraband.
F. Sidewalk vendors are prohibited from offering a service.
G. Roaming sidewalk vendors shall not operate in residential zones between the
hours of 8:00 p.m. to 7:00 a.m.
H. Sidewalk vending is prohibited within picnic shelters or similar park amenities.
5.98.130 — Prohibitions on placement of stationary or mobile carts.
The prohibitions imposed are intended to limit the potential for increased risk of
vehicle accidents or personal injury due to vending in public street medians or to persons
in motorized vehicles standing in the public street. The standards are further intended to
limit the interference with the flow of pedestrian or vehicular traffic, including ingress to,
and egress from, any residence, public building, or place of business, from the street to
public sidewalk, or persons exiting or entering parked or standing vehicles.
A. No sidewalk vendor may place or leave any cart in a manner that obstructs
vehicular or pedestrian traffic, or the visibility of such, and includes, but is not
limited to, the following:
i. Within 20 feet of a marked crosswalk;
ii. Within 20 feet of the curb return of an unmarked crosswalk;
iii. Within 20 feet of any fire hydrant, fire-call box or other emergency facility,
as defined in the rules and regulations;
iv. Within 20 feet of a driveway or driveway apron;
v. Within 18 inches from the edge of the curb;
vi. Within 25 feet of a transit stop;
vii. Within 50 feet of a public or private school;
viii. Where placement impedes the flow of vehicular traffic such as on public
streets or public highways; and
ix. Where placement impedes the flow of pedestrian traffic by reducing the
clear space to less than 4 feet, or impedes access to or the use of abutting
property, including, but not limited to, residences and places of business, in
accordance with the Americans with Disabilities Act (ADA).
B. No cart may be chained or fastened to any pole, sign, tree, or other object in the
public right-of-way or left unattended, unless as permitted by the rules and
regulations.
C. Notwithstanding any specific prohibitions in this section, no sidewalk vendor may
install, use or maintain a cart where placement endangers the safety of persons or
property.
5.98.140 — Sidewalk vending related to parks, special events, or locations that are
subject to special permits.
A. No sidewalk vending is allowed within 300 feet of a permitted event during the
duration or operating hours of such an event. Permitted events include certified
farmers' markets, swap meets, and any event that requires the temporary use of,
or encroachment on, the sidewalk or other public area, including, but not limited
to, an encroachment permit, special event permit, or temporary use permits.
B. No stationary sidewalk vendors may vend in any park subject to a signed exclusive
concessionaire's agreement.
C. Sidewalk vending is prohibited between dusk to dawn.
D. The city may by resolution adopt additional requirements consistent with
Government Code section 51038(b)(2)(B) for city-owned or operated parks,
effective after signs are posted giving notice of such additional requirements.
5.98.150 — Fines.
Sidewalk vending in violation of this chapter will not be punishable as a criminal
infraction or misdemeanor, but will be subject to an administrative citation as follows:
A. For vending without a valid license or permit:
i. An administrative fine of $250 for a first violation.
ii. An administrative fine of $500 for a second violation within one year of the
first violation.
iii. An administrative fine of $1,000 for a third violation and each subsequent
violation, within one year of the first violation.
iv. Upon proof of a valid permit issued by the city before such fines are due,
the city will reduce the amount of the fines to $100 for the first violation,
$200 for the second violation, and $500 for each violation thereafter.
B. For all violations of this chapter other than vending without a valid license or permit
as outlined in subsection A above:
i. An administrative fine of $100 for a first violation.
ii. An administrative fine of $200 for a second violation within one year of the
first violation.
iii. An administrative fine of$500 for a third violation within one year of the first
violation.
iv. An administration fine of $500 for a fourth and each subsequent violation
and revocation of the license or permit.
C. The city will provide the person subject to the fine notice of his or her right to
request an ability-to-pay determination and will make available instructions or other
materials for requesting an ability-to-pay determination.
D. Fines assessed pursuant this section may be reduced to 20 percent of the original
fine amount upon submission of proof of inability to pay at an adjudication hearing
if requested by the person pursuant to Government Code section 51038(f).
E. Fines collected under this section will be deposited with the city's treasury for
general use.
F. Appeal. Any person may appeal any administrative fine pursuant to section
5.98.170.
5.98.160 — Removal and/or seizure of cart, food, goods or merchandise, or vending
equipment, which creates an imminent danger.
A. Abandoned or Illegally located Carts. An enforcement officer may request a
sidewalk vendor to remove any cart if the cart is creating an imminent safety hazard
or is placed within a prohibited area as set forth in this chapter. If the sidewalk
vendor refuses to remove the cart, or if the cart has been abandoned, the
enforcement officer may remove and/or seize the cart. A 30 days' notice shall be
provided to the owner of the cart or to the address associated with the cart, to
redeem the cart. The city may dispose of the cart in accordance with the City's
Municipal Code and/or the law, if the cart is not claimed after the 30 calendar days
and any associated fines are not paid. No cart shall be disposed of during the
pendency of an appeal.
B. Food Products. An enforcement officer may immediately seize and/or dispose of
any food products that are obviously spoiled, rotten, moldy, infested or otherwise
unsuitable for human consumption, or which have been abandoned or which have
been determined by a county health official, or code officer trained in food handling,
to create an imminent threat to health, safety, and welfare.
C. Goods, Merchandise, and Vending Equipment. An enforcement officer may
request a sidewalk vendor to remove any goods, merchandise or vending
equipment if those items create an imminent threat to health, safety, and welfare.
If the sidewalk vendor refuses or the goods, merchandise or vending equipment
are not removed, an enforcement officer may remove and/or seize the items. A 30
days' notice shall be provided to the owner of the goods, merchandise or vending
equipment or to the address associated with the cart, to redeem the goods,
merchandise or vending equipment. The city may dispose of the goods,
merchandise or vending equipment in accordance with the City's Municipal Code
and/or the law, if the goods, merchandise or vending equipment are not claimed
after the 30 calendar days and any associated fines are not paid. Illegal goods or
contraband seized shall not be subject to the notice of redemption in this section
but is subject to the appeal provisions in 5.98.170. No goods, merchandise or
vending equipment shall be disposed of during the pendency of an appeal.
D. Appeal. Any person may appeal the seizure and/or disposal of any good,
merchandise or vending equipment as well as any fines imposed, pursuant to
section 5.98.170.
5.98.170 — Appeal of Administrative Citations or Seizure/Disposal
A. Any person aggrieved by any determination regarding seizure and disposal under
section 5.98.160 shall be entitled to an appeal of that decision as provided herein.
B. Any recipient of an administrative citation shall be entitled to contest the allegation
of a violation or that he or she is the responsible party.
C. A request for an appeal must be filed with the City Clerk within 15 calendar days
from issuance of the administrative citation. The appeal must be in writing, state
the grounds for the appeal, include the address to which notice is to be mailed,
and be accompanied by any filing fee established by City Council Resolution.
D. If an appeal is timely filed, the City shall cause to be set a date for the hearing of
the appeal not more than 30 calendar days from the date the appeal is received.
At the hearing, the appellant will have the right to offer testimonial, documentary,
and tangible evidence bearing on the issues. The hearing officer will not be bound
by the formal rules of evidence. Any hearing under this section may be continued
for a reasonable time for the convenience of a party or witness.
E. The hearing officer will issue written findings and a decision within 10 calendar
days of the conclusion of the hearing and send notice of the decision by certified
mail to the appellant. The notice shall include reference to the appellant's right to
judicial review under California Code of Civil Procedure section 1094.8.
F. The decision of the hearing officer shall be final unless judicial review is granted
pursuant to California Code of Civil Procedure section 1094.8.
EXHIBIT B
TITLE 5
Chapter 5.48
"Peddlers"
Chapter 5.48 PEDDLERS
• 5.48.010 Definitions.
• 5.48.020 Applicability of chapter.
• 5.48.030 Peddler permit required.
• 5.48.040 Permit procedures.
• 5.48.050 Investigation and permit issuance.
• 5.48.060 Denial of permit—Appeal.
• 5.48.070 Conditions of permit.
• 5.48.080 Permit term—Nontransferable.
• 5.48.090 Operating standards for motor vehicle-based or mobile unit-based
peddlers.
• 5.48.100 Hours of operation.
• 5.48.110 Noise requirements.
• 5.48.120 Adherence to posted signs—Refusal to leave prohibited.
• 5.48.130 Special use permits.
• 5.48.140 Permittee responsibility.
• 5.48.150 Revocation of permit.
• 5.48.160 Appeal of revocation.
• 5.48.170 Impounding of motor vehicles and mobile units.
• 5.48.180 Public nuisance.
• 5.48.190 Infraction violation.
• 5.48.200 Civil fines.
• 5.48.210 Administrative citation.
• 5.48.220 Administrative fine.
• 5.48.230 Modifications, suspension and/or revocation of validly issued permit
and/or license.
• 5.48.240 Additional penalties.
5.48.010 Definitions.
Words and phrases not specifically defined in this section shall be construed
according to the context and approved usage of the language. As used in this chapter:
"Authority" means the city manager or his/her designee.
"Mobile unit" means any vehicle, truck, trailer, wagon, bicycle, dray, or
conveyance, not firmly fixed to a permanent foundation, which is not required to have a
license to operate issued by the California Department of Motor Vehicles.
"Motor vehicle" means any automobile, truck, trailer or other conveyance requiring
a license issued by the California Department of Motor Vehicles.
"Peddler," for purposes of this chapter, means and includes any person who
travels by foot from door to door, house to house, place to place or business to
business, carrying, or transporting food, goods, wares, merchandise or other personal
property of any nature whatever, offering or exposing the same for sale or making sales
and delivering articles to purchasers, or who sells or offers the same for sale from any
vehicle.
"Peddling" means the act of being a peddler.
"Permittee" means the holder of a peddler permit. (Ord. 611 § 3, 2005)
5.48.020 Applicability of chapter.
A. There shall be exempted from the prohibitions of this chapter the activities of
peddlers selling and soliciting sales of newspapers, magazines, periodicals, news
publications or other printed matter from sidewalks abutting on public streets, except
that no such peddler shall sell or offer for sale any newspaper, magazine, periodical,
news publication or other printed matter while upon the roadway of any street or to
passing motorists unless from a location adjacent to a clear, twenty-foot zone of
curbside where private motor vehicles may legally stop for the loading and unloading of
passengers or in a place or manner which would not unreasonably interfere with or
obstruct the flow of pedestrian or motor vehicle traffic.
B. Peddlers shall be exempt from the provisions of this chapter when
participating in an event subject and pursuant to a special events permit, street closure
permit, or any other permit specifically authorizing such activity, issued by the city.
C. Persons engaged in garage or yard sales on private property shall be exempt
from the provisions of this chapter.
D. The provisions of this chapter do not apply to sidewalk vendors as defined in
chapter 5.98 of this code or wholesale salespersons who sell to established places of
business.
E. None of the fees provided for by this chapter shall be applied so as to
occasion an undue burden upon interstate commerce. In any case where a fee is
believed by a peddler to place an undue burden on interstate commerce, he or she may
apply to the authority prior to or within six months following payment of the fee for an
adjustment of the fee so that it shall not be discriminatory, unreasonable, or unfair as to
such commerce. The applicant shall, by affidavit and supporting evidence, show his or
her method of business and the gross volume or estimated gross volume of business,
and other information as required by the authority to determine the extent of the burden
on interstate commerce. The decision of the authority may be appealed to the
administrative hearing officer as provided in Section 5.48.180. (Ord. 611 § 3, 2005)
5.48.030 Peddler permit required.
A. It is unlawful for a person to engage in the business or activities of a peddler
within the city except pursuant to and in strict compliance with a valid permit issued by
the authority as provided in this chapter.
B. It is unlawful for any peddler permittee to allow any person who does not also
have a peddler permit to work for, under the direction of, on behalf of, or as an agent of
the permittee.
C. Every permittee must obtain a permit for each business if more than one
business is being conducted. It is unlawful for a permittee to engage in any business not
designated on the permit or to engage in any business for an employer not designated
on the permit, unless and until the permittee obtains another permit for that business or
employer.
D. The requirements for a permit under this chapter shall be in addition to the
requirements of Chapter 3.28 of this code relating to business licenses. (Ord. 611 § 3,
2005)
5.48.040 Permit procedures.
A. Every application for a peddler permit under this chapter shall be made on a
form provided by the authority and shall contain the following information:
1. Name, date of birth, California driver's license or state identification card
number, mailing address, and telephone number of applicant.
2. The name under which the peddler business or activity will be conducted, the
address and telephone number of such business, and the name of the business owner.
3. The name, date of birth and address of each employee who will be engaged
in the business or activity of peddler for the applicant, if any.
4. A description of the goods, wares, merchandise, products, or any other thing
or representation of value on consignment which will be the subject of the applicant's
peddling business or activity.
5. A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of any motor vehicle or mobile unit to be used in the applicant's business
or activities, including the model, year and vehicle license number for each motor
vehicle or mobile unit to be used in the applicant's business or activities. A dimensional
drawing shall be included indicating the size of the vending equipment and any mobile
unit to be used in the applicant's business or activities.
6. Plans for the collection, storage and disposal of litter which may result from
the applicant's business or activities.
7. Location where the applicant intends to park or store any motor vehicle or
mobile unit to be used in the applicant's business or activities.
8. A statement of the permit history of the applicant for the three-year period
immediately preceding the date of the filing of the application, including whether the
applicant has operated under any other business name in the city or has ever had any
similar license or permit revoked or suspended or has been convicted of a violation of
this chapter, and if so, the circumstances of such suspension, revocation or conviction.
9. A statement as to whether or not the applicant has been convicted of any
criminal offenses, whether felony or misdemeanor, other than minor traffic violations
during the three year period immediately preceding the submittal of the application. As
to any such offenses, the date and place of conviction, the nature of the offense, and
the punishment or penalty imposed must be provided.
10. The applicant's consent to a fingerprint check by the chief of police or his or
her designee.
B. At the time the application is filed with the authority, the applicant shall present
a California driver's license or other photographic identification issued by a state of the
United States, or a United States federal agency or any other forms of identification
acceptable to the city that establishes the applicant's age as eighteen or older.
C. At the time the application is filed with the authority, the applicant shall submit
to being photographed and thumb-printed by the city for the identification badge which
will be issued to the applicant upon permit approval.
D. At the time the application is filed with the authority, the applicant shall pay a
fee sufficient to cover the cost to the city of processing the application. The amount of
the fee shall be set by resolution of the city council. Legitimate, active nonprofit
organizations may be exempt from the payment of the permit fee if the city council so
provides for an exemption in the fee resolution. (Ord. 611 § 3, 2005)
5.48.050 Investigation and permit issuance.
The authority shall grant the peddler permit within fifteen days after receiving the
completed application if he or she finds that all of the following requirements have been
met:
A. The required fees have been paid.
B. The application conforms in all respects to the provisions of this chapter.
C. The applicant has not made a material misrepresentation of fact in the
application.
D. The applicant has not had a similar permit or license denied or revoked by the
city within one year prior to the date of the application.
E. The applicant is not required to register in California as a sex offender.
F. The applicant has not been convicted, during the three year period
immediately preceding the issuance of the permit, of any offenses involving moral
turpitude or dishonesty, including but not limited to:
1. Burglary;
2. Robbery;
3. Theft;
4. Fraud or misrepresentation;
5. Receiving, possession or sale of stolen goods;
6. Any felony offense involving the sale of a controlled substance specified in
Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety
Code in conjunction with, or while conducting, peddler business or activity;
7. Any offense involving crimes of violence against any person including, but not
limited to, rape, abduction, sexual assault and seduction; or
8. Any offense involving indecent exposure.
G. The applicant has obtained any other applicable city or county permits,
including any city or county health permit, required for the preparation and sale of food
products.
H. The applicant has obtained a valid city business license and paid the
appropriate business license fee. (Ord. 611 § 3, 2005)
5.48.060 Denial of permit—Appeal.
A. If the authority finds that any of the requirements of Section 5.48.050 have not
been met, he or she shall deny the application for the peddler permit.
B. Written notification of denial of the permit application, setting forth the grounds
for denial, shall be served on the applicant by personal delivery or by first class and
certified or registered mail, return receipt requested, addressed to the applicant at his or
her mailing address as set forth in the permit application.
C. Notice of denial of the application shall be deemed to have been served on
the date it 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 mailing address
as set forth in the permit application, regardless whether the certified mail receipt is
returned to the city signed or unsigned.
D. The decision of the authority to deny issuance of a peddler permit pursuant to
this chapter may be appealed to the administrative hearing officer pursuant to the
procedures set forth at Chapter 13.150, Permit and License Suspension, Modification
and Revocation, of this code. (Ord. 611 § 3, 2005)
5.48.070 Conditions of permit.
A. 1. Each peddler permit issued by the authority shall be subject to the terms and
conditions set forth in this chapter and any additional conditions deemed reasonably
necessary by the authority for the protection of the public health, safety or welfare.
2. Any permit issued to a peddler business or activity which the city deems to be
attractive to children and which operates a motor vehicle or mobile unit shall be
conditioned so as to require a plainly visible sign attached to such vehicle or mobile unit
which states "CAUTION CHILDREN." The sign shall have yellow letters which are at
least eight inches high on a white background and shall be located at the rear and front
of the vehicle.
B. The provisions of this chapter shall constitute operating regulations
conditioning each and every permit hereunder. It is unlawful for any permittee to engage
in peddler business or activity in violation of these provisions.
C. Notwithstanding anything in this chapter to the contrary, no permittee shall
operate or conduct his or her business or activity in a place or manner which would
unreasonably interfere with or obstruct the flow of pedestrian or motor vehicle traffic in
or on any street, alley, or sidewalk, or which would unreasonably obstruct vehicular
sight distances.
D. The following conditions and regulations shall also apply to the exercises of
the privileges granted by permits issued under the provisions of this chapter in addition
to those set forth in other parts of this chapter or elsewhere in this code:
1. Every permittee must be in possession of the permit at all times when
engaged in the business so permitted within the city. The permittee must produce and
show the permit on the demand of any person solicited or of any public safety officer or
official of the city. No permittee shall alter, remove or obliterate any entry made upon
such permit or deface such permit in any way. Each permit shall be personal and not
assignable and shall not be used by any person other than the permittee.
2. Every permittee shall be issued an identification badge upon issuance of the
permit. Each permittee shall, at all times while so engaged, wear the identification
badge in plain on the person's outermost garment, with the picture facing outward. The
permittee must produce and show the identification badge on the demand of any person
solicited or of any public safety officer or official of the city. No permittee shall alter,
remove or obliterate any entry made upon such badge or deface such badge in any
way. Each identification badge shall be personal and not assignable and shall not be
used by any person other than the permittee.
3. Every permittee, upon the request of any public safety officer or official of the
city, shall sign his or her name for comparison with the signature upon the permit or the
signature upon the permit application.
4. Every peddler who solicits orders for future delivery shall, if requested by the
customer, provide a receipt plainly stating the quantity of each article or commodity
ordered, the price to be paid therefor, the total amount ordered and the amount to be
paid on or after delivery.
5. Every peddler shall, if requested by the customer, provide his/her name,
business address and telephone number and the name, business address and
telephone number of the person, organization, or entity on whose behalf solicitation is
being made. (Ord. 611 § 3, 2005)
5.48.080 Permit term—Nontransferable.
A. Any peddler permit issued pursuant to this chapter shall be valid for a period
of one year from the date of issuance unless an earlier expiration date is noted on the
permit.
B. A peddler permit issued pursuant to this chapter is not transferable. (Ord.
611 § 3, 2005)
5.48.090 Operating standards for motor vehicle-based or mobile unit-based
peddlers.
A. It is unlawful for any motor vehicle-based or mobile unit-based peddler to:
1. Permit any motor vehicle or mobile unit from which his or her business is
being conducted to remain standing or stopped, for purposes of conducting such
business at the request of a customer, at any place on a public street, sidewalk, parking
lot, right-of-way, or other public place, or within five hundred feet thereof, for a total
period of time exceeding ten minutes within any two hour period.
2. Permit any motor vehicle or mobile unit from which his or her business is
being conducted to stand or park when the posted speed limit on the public street, alley
or highway is thirty-five miles per hour or greater.
3. Make any stop, for the purpose of making or soliciting any sale upon any
public street, sidewalk, right-of-way, or other public place, within five hundred feet,
measured along the traveled way of any public street or streets, of any school property
or of any governmental building or facility.
4. Conduct his or her business or activity from any motor vehicle or mobile unit
upon any public street except from or at the side of such motor vehicle which is nearest
to the curb of such street.
5. Conduct his or her business or activity from a motor vehicle or mobile unit
within two hundred feet of another motor vehicle-based or mobile unit peddler who has
already stopped to conduct business.
6. No permittee shall stand or park or engage in the conduct of business when:
a. Any part of the motor vehicle or mobile unit other than the side of the vehicle
or unit next to the right side of the street, alley or highway is open to prospective
customers;
b. The motor vehicle or mobile unit is not stopped, parked or standing on the
extreme right of the street, alley or highway;
c. The prospective customer is located on or in that portion of the street, alley or
highway which is open to vehicular traffic;
d. The prospective customer is in a standing vehicle, or sitting in or operating
another vehicle;
e. The motor vehicle or mobile unit is stopped, standing or parked in violation of
any other provision of this code, or the California Vehicle Code;
f. The position or location of the motor vehicle or mobile unit interferes with the
free passage of any vehicular or pedestrian traffic.
7. Mobile units being used in peddler business or activity shall have a gross
weight of less than five thousand pounds.
8. No individual who drives or operates a mobile unit shall do any of the
following:
a. Allow any minors to ride in or on the vehicle while it is in operation;
b. Allow more than two individuals to be in or on the vehicle while it is in
operation;
c. Attempt to back up the mobile unit to make a sale.
9. All motor vehicles and mobile units being used in peddler business or activity
shall be equipped with trash receptacles large enough to contain all refuse generated by
the operation of such motor vehicle or mobile unit.
10. Except as authorized by the city council, no permittee may operate a business
from a fixed location in or on any public street, sidewalk, public parking lot, right-of-way,
or other public property unless permitted in accordance with this chapter.
B. Every permittee required to obtain a health department tag for a motor vehicle
or mobile unit used for the conduct of business shall obtain and affix the tag prior to use
of such vehicle or mobile unit. (Ord. 611 § 3, 2005)
5.48.100 Hours of operation.
It is unlawful and a public nuisance for any permittee to engage in peddler
business or activity prior to nine a.m. or after eight p.m. during all days of the week
unless the permit issued is otherwise conditioned. (Ord. 611 § 3, 2005)
5.48.110 Noise requirements.
It is unlawful and a public nuisance for any permittee to use record players, tapes,
radios or other continuous noise making devices such as bells, chimes, gongs, whistles,
sirens or other similar noise making devices while conducting business. (Ord. 611 § 3,
2005)
5.48.120 Adherence to posted signs—Refusal to leave prohibited.
A. It is unlawful and a public nuisance for any permittee to ring the bell upon or
near any door, or create any sound in any other manner calculated to attract the
attention of the occupant of such residence, dwelling, apartment, or other private
property or public place within the city whereon there is printed or affixed or otherwise
displayed to public view any sign containing any or all of the following prohibitions: "No
Peddlers," "No Solicitors," or "No Agents," or which otherwise purports to prohibit
peddling or soliciting on such premises; provided that this prohibition shall not apply
when a permittee has an appointment with an occupant(s) of such building.
B. It is unlawful and a public nuisance for any permittee to conduct the business
for which he, she or it is permitted within the area defined in the downtown precise plan
unless a special use permit is granted by the authority.
C. It is unlawful and a public nuisance for any permittee to refuse to leave any
residence, dwelling, apartment, or other private property or public place within the city
when requested by the owner, occupant, resident, manager, or other person in control
thereof. (Ord. 611 § 3, 2005)
5.48.130 Special use permits.
A. Permittees may request in writing to the authority that a special use permit be
issued to allow motor vehicles and mobile units operated by the permittee to stop for
longer periods of time than permitted under this chapter.
B. A special use permit for the operation and use of mobile units in the downtown
precise plan area may only be granted upon compliance with the following design
guidelines. The downtown staff review committee will review and have approval
authority on all mobile unit locations and design issues and shall impose any other
requirement that it deems necessary to promote the aesthetics of the downtown.
1. Mobile units shall be of an aesthetic design and color(s) in keeping with
adjacent properties or structures.
2. Signs (if any) shall be attached to the mobile unit and shall not exceed a total
of twelve square feet in area (including canopy, awning, and umbrella signs, etc., but
not including small menu signs). No sign shall exceed a maximum size of six square
feet. The size of signs shall be in scale with the size and mass of the mobile unit.
C. When a special use permit is approved by the authority, the conditions of
approval of the special use permit may take into consideration the regulations and
standards of this chapter. However, the special use permit may supersede said
regulations and standards at the discretion of the authority.
D. Special use permits may be granted for a period as specified in the zoning
ordinance. Subsequent special use permits shall be required to submit a new
application and related fees. (Ord. 611 § 3, 2005)
5.48.140 Permittee responsibility.
The act or omission of any permittee's partner, owner, associate, director,
manager, officer, agent or employee shall be deemed for all purposes under this
chapter to be the act or omission of the permittee. (Ord. 611 § 3, 2005)
5.48.150 Revocation of permit.
A. Any peddler permit may be revoked by the authority for good cause shown
including, but not limited to, any of the following reasons:
1. Falsification of any information supplied by the permittee upon which issuance
of the permit was based;
2. Failure of the permittee or any employee(s) or agent(s) of the permittee to
comply with the regulations set forth in this chapter;
3. Permittee's conviction, at any time, of any offense involving moral turpitude or
dishonesty including, but not limited to, any of the following:
a. Burglary,
b. Robbery,
c. Theft,
d. Fraud or misrepresentation,
e. Receiving, possession or sale of stolen goods,
f. Any felony offense involving the sale of a controlled substance specified in
Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety
Code in conjunction with, or while conducting, peddler business or activity,
g. Any offense involving crimes of violence against any person, including, but
not limited to, rape, abduction, sexual assault and seduction, or
h. Any offense involving indecent exposure.
B. The authority shall follow the procedures for revocation set forth at
Chapter 13.150 Permit and License Suspension, Modification and Revocation, of this
code. (Ord. 611 § 3, 2005)
5.48.160 Appeal of revocation.
The decision of the authority to revoke a permit issued pursuant to this chapter is
subject to judicial review as described in Section 13.150.210 of Chapter 13.150, Permit
and License Suspension, Modification and Revocation, of this code. (Ord. 611 § 3,
2005)
5.48.170 Impounding of motor vehicles and mobile units.
A motor vehicle or mobile unit may be impounded and stored by a police officer, or
by any other persons authorized to enforce this chapter pursuant to this code, in the
course of an arrest of the operator for a violation of this code when the motor vehicle or
mobile unit is to be used as evidence of the violation. (Ord. 611 § 3, 2005)
5.48.180 Public nuisance.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5
.48.130(B) of this chapter by any person responsible for committing, causing or
maintaining such violation shall constitute a public nuisance which shall be subject to
the provisions of Title 13 of the municipal code including, but not limited to, the
imposition of any and all administrative fines and the provisions of any other applicable
regulatory codes, statutes and ordinances heretofore or hereinafter enacted by the city,
the state or any other legal entity or agency having jurisdiction. (Ord. 611 § 3, 2005)
5.48.190 Infraction violation.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5
.48.130(B) of this chapter by any person responsible for committing, causing or
maintaining such violation shall constitute an infraction violation which shall be subject
to the provisions set forth in Chapter 13.65 of the municipal code including, but not
limited to, the imposition of any and all criminal penalties set forth therein. (Ord. 611 § 3,
2005)
5.48.200 Civil fines.
Any person convicted of an infraction shall, for each are violation of this chapter,
be subject to: (a) a fine in an amount not to exceed two hundred fifty dollars for a first
conviction of an offense; (b) a fine in an amount not to exceed five hundred dollars for a
second conviction of the same offense within a twelve-month period of the date of the
first offense; and (c) a fine in an amount not to exceed seven hundred fifty dollars for the
third conviction of the same offense within a twelve-month period of the date of the first
offense. The fine for a fourth and subsequent convictions of the same offense within a
twelve-month period of the date of the first offense shall be one thousand dollars. (Ord.
611 § 3, 2005)
5.48.210 Administrative citation.
In lieu of issuing an infraction citation, the city may issue an administrative citation
pursuant to Chapter 13.58 of the municipal code to any person responsible for
committing, causing or maintaining a violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5
.48.130(B) of this chapter. Nothing in this section shall preclude the city from also
issuing an infraction citation upon the occurrence of the same offense on a separate
day. (Ord. 611 § 3, 2005)
5.48.220 Administrative fine.
Any person issued an administrative citation for violating
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5
.48.130(B) of this chapter shall for each separate violation be subject to: (a) an
administrative fine in an amount not to exceed one hundred dollars for the first citation;
(b) an administrative fine in an amount not to exceed two hundred fifty dollars for a
second citation issued for the same offense within a twelve-month period of the date of
the first offense; and (c) a fine in an amount not to exceed five hundred dollars for a
third and any subsequent citation issued for the same offense within a twelve-month
period of the date of the first offense. (Ord. 611 § 3, 2005)
5.48.230 Modifications, suspension and/or revocation of validly issued permit
and/or license.
A violation of
Sections 5.48.020(A), 5.48.030, 5.48.070, 5.48.090, 5.48.100, 5.48.110, 5.48.120 and 5
.48.130(B) of this chapter by the holder of any city permit and/or city license validly
pursuant to this or any other chapter shall constitute grounds for modification,
suspension and/or revocation of said permit and/or license pursuant to the provisions
set forth in Chapter 13.150 of the municipal code.
5.48.240 Additional penalties.
Nothing in this chapter shall preclude the city from pursuing the remedies provided
by the municipal code such as those remedies set forth in Chapter 13.140 including, but
not limited to, denial or revocation of certificates of occupancy, issuance of a stop work
orders and injunctive relief. (Ord. 611 § 3, 2005)