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HomeMy WebLinkAboutNS-1660KEL: adg 9/2/82 ORDINANCE NO. NS- 1660 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE III TO CHAPTER 26 OF THE SANTA ANA MUNICIPAL CODE AND AMENDING SECTION 36-136 THEREOF TO REGULATE THE SALE OF FOOD AND BEVERAGES FROM PUSHCARTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Aha Municipal Code is hereby amehded by adding an Article, to be numbered III, consisting of sections to to be numbered 26-100 through 26- 108, to Chapter 26 of the said Code, which said Article reads as follows: ARTICLE III. PEDESTRIAN FOOD VENDORS Sec. 26-100. Definitions For purposes of this Article, the following terms have the following respective meaning: (a) Pushcart: any wagon, cart, or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the State of California, from which food or beverage is offered for sale to the public. (b) Central Business District: the area of the City of Santa Ana bounded on the west by Broadway, on the east by French Street, on the north by Civic Center Drive and on the south by First Street, from the centerline of each street. (c) Civic Center Plaza Area: that area of the City of Santa Ana bounded on the west by Flower Street, on the east by Broadway, on the north by Civic Center Drive, and on the south by Santa Ana Boulevard, from the centerline of each street. (d) Permit Officer: the City Manager of the City of Santa Ana or his designated representative. Sec. 26-101. General Prohibitions (a) No person shall sell or offer for sale any food or beverage from any portable box, stand, bag, or ORDINANCE NO. NS- 1660 PAGE TWO similar container, other than a pushcart, on any street, parkway or sidewalk, or in any unenclosed area held open to the general public. (b) No person shall sell or offer for sale any food or beverage from any pushcart on any street, parkway or sidewalk, or in any unenclosed area held open to the general public, outside of the Central Business District and the Civic Center Plaza Area. (c) No person shall employ, direct or otherwise cause any other person to sell or offer for sale any food or beverage in violation of subsections (a) or (b) of this section. Sec. 26-102. Permit Requirement No person shall sell or offer for sale any food or beverage from a pushcart in the Central Business District or the Civic Center Plaza Area, nor employ, direct or otherwise cause any other person to do so, without having first obtained a pedestrian food vendor's permit from the Permit Officer. Sec. 26-103. Same - Application (a) Every applicant for a pedestrian food vendor's permit shall file with the Permit Officer a written application on a form provided by the Permit Officer which shall contain the following: (1) The name, address, telephone number, and social security number of the applicant and of each person, if any, to be employed or retained by the appli- cant to sell food or beverages from pushcarts. (2) The number of pushcarts to be operated by the applicant, either directly or through employees or subcontractors, and the design of each pushcart, including signage. (3) The character, location and routing of pushcart operations. (4) Such other information as the Permit Officer deems appropriate. (b) Each application shall be accompanied by payment of a non-refundable fee in an amount established by resolution of the City Council to cover costs of administering this Article. ORDINANCE NO. NS-1660 PAGE THREE (C) Prior to issuance of a pedestrian food vendor's permit, the applicant shall show proof to the Permit Officer that he has obtained the food vending permit required by section 18-502 of this Code and the business license required by Chapter 21 of this Code. Sec. 26-104. Same - Issuance The Permit Officer shall issue the permit if he is reasonably satisfied that the operations of the applicant will conform to the regulations set forth in section 26-108; otherwise the Permit Officer shall deny the permit. One written permit shall be issued for each pushcart to be operated by the applicant, either directly or through employees or subcontractors. Such written permit shall be in a form approved by the Permit Officer. Sec. 26-105. Same - Term Each permit issued pursuant to this Article shall be for a term of one (1) year, upon the expiration of which term the permittee may renew the permit for additional one (1) year terms by submitting new applications in conformance with section 26-103(a) together with such permit renewal fee as may be established by resolution of the City Council. Sec. 26-106. Same - Revocation (a) The Permit Officer may revoke any permit for any of the following reasons: (1) falsehood of any information supplied by the permittee upon which issuance of the permit was based; (2) failure of the permittee to promptly notify the Permit Officer of any change occurring subsequent to the issuance of the permit in the information supplied by the permittee upon which issuance of the permit was based; (3) failure of the permittee, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in section 26-108; ORDINANCE NO. NS-1660 PAGE FOUR (4) violation by the permittee, or any employee or subcontractor of the permittee, of any state or municipal law in the course of conducting food vending operations pursuant to the permit. (b) No person whose permit is revoked shall be eligible to apply for a new permit for a period of one (1) year following such revocation. Sec. 26-107. Same - Appeal Any person whose application for a permit is denied or whose permit is revoked by the Permit Officer may appeal such decision to the city council pursuant to Chapter 3 of this Code. Sec. 26-108. Pushcart Regulations (a) Each pushcart shall have affixed to it in plain view the permit required by this Article and the permit required by section 18-502 of this Code. (b) Pushcarts shall not be stationed, for purposes of offering food or beverages for sale, in any location which creates an obstruction to the normal flow of vehicular or pedestrian access, within ten (10) feet of any intersection, driveway, or building entrance, or in any space designed for vehicular parking. (c) The maximum dimensions of any pushcart shall be six (6) feet in length and four (4) feet in width. (d) The only signs used in conjunction with a pushcart shall be signs affixed to or painted on the pushcart or its canopy. (e) A refuse bin of at least four (4) cubic feet capacity shall be provided in or on the pushcart. (f) No loudspeakers, public address system, bells, chimes, or other $oundmaking device shall be affixed to or used in conjunction with a pushcart. (g) No artificial lighting of any pushcart is permitted. ORDINANCE NO. NS-1660 PAGE FIVE SECTION 2: That section 36-136 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 36-136. Parking at certain places and for certain purposes prohibited. (a) Parking for sale, etc., when inoperative. No person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale. No person shall park, stop or leave standing any vehicle for a period of time longer than twelve (12) hours on any public street or highway in the city unless such vehicle is in a condition to be lawfully operated upon the public highways; and no person shall repair, dismantle, overhaul or do any mechanical work upon any vehicle on any part of any public street or highway in the city exccept to change rims, to replace flat tires or to make other emergency repairs to enable such vehicle to be moved to the proper place for mechanical work. (b) Parking over 72 hours. No person who owns or has custody or control of any vehicle shall park or store such vehicle upon any street or alley for more than a consecutive period of seventy-two (72) hours. The chief of police is authorized to remove any vehicle from the roadway if such vehicle is parked or stored in violation of this subsection (b). (c) Parking food-vending vehicle. No person shall park, stop or stand any'vehicle upon any part of any street of the city and leave the same stopped, parked or standing in any one location for a period of time longer than five (5) minutes for the purposes of selling or delivering any food or drink from such vehicle, and no operator or person shall make a second stop after moving from the last place of parking, stopping or standing within a distance of fifty (50) feet of the last place of parking, stopping or standing; and no person shall park, stop or stand any vehicle upon any part of any street of the city for the purposes of selling any food or drink from such vehicle within five hundred (500) feet of any school property during school hours or within two hundred (200) feet of any marked crosswalk. No person shall use any musical or other sound emitting device designed to attract customers while such vehicle is parked, stopped or standing in the manner and for the purposes described with this section. ORDINANCE NO. NS- 1660 PAGE SIX The city council expresses its intent to permit the traditional delivery or vending of beverages and foods from vehicles from house to house through the residential areas of the city, but declares its intention to prohibit any such conveyance being used as a store of stationary location for the sale of such wares upon the streets of the city, said streets being for the primary purpose of providing trafficways for moving vehicles. (d) Parking on left of one-way roadway. In the event the highway includes two (2) or more separate roadways and traffic is restricted to one direction upon such roadway, no person shall stop, stand or park a vehicle upon the left-hand side of such a one-way roadway. SECTION 3: In adopting this ordinance, the City Council finds and determines as follows: 1. The sale of food and beverages by pedestrian vendors is presently inadequately regulated in that: (a) Such sales are frequently carried on in the public right-of-way in violation of municipal laws against the obstruction thereof. (b) Such sales are frequently carried on in violation of municipal laws against the conduct of business outside of an enclosed building. (c) Such sales are frequently carried on in violation of the public health laws of the City. (d) Such sales are frequently carried on as a cover for the sale of narcotics and other dangerous drugs. 2. The regulations imposed by this chapter will provide a more clear and definite means of protecting the public health, safety and welfare from the abovesaid dangers. 3. The sale of food and beverages from pushcarts in the Downtown Business District and in the Civic Center Plaza Area will provide an attractive and useful additional service to those areas if conducted in accordance with the regulations hereby adopted. ORDINANCE NO. NS-1660 PAGE SEVEN SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections~ subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposit pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 215t day of March , 1983 . GORDON Mayor ATTEST: t e%oun i(J COUNCILMEMBERS: Bricken Absent Luxembourger Aye Acosta Aye Serrato Nay Griset Aye Markel Aye McGuigan Aye APPROVED AS TO FORM: