HomeMy WebLinkAboutNS-1731ice cream trucks
EJC:adg
5/24/84
ORDINANCE NO. NS- 1731
AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 36-458 AND 36-459
OF THE SANTA ANA MUNICIPAL CODE
RELATING TO DENIAL AND REVOCATION
OF ICE CREAM VENDORS OR OPERATORS'
PERMIT
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: That Section 36-458 of the Santa Ana Municipal
Code, is hereby amended to read as follows:
Sec. 36-458. Denial of Permit.
(a) If the City Manager finds that all of the require-
ments set forth in Section 36-457 have not been met, he shall
deny the application for vendors or operators' permit. In the
event the application for the permit is denied by the City
Manager, written notice of such denial shall be given to the
applicants specifyinG the Ground or Grounds of such denial.
Notice of denial of the application for the permit shall be
deemed to have been served if it in fact 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 residence address as set forth in the application for the
permit.
(b) Any applicant whose application for an ice cream
vendor or operators' permit has been denied by the City Manager
may appeal such denial to the City Council, as provided by
Chapter 3 of this Code.
SECTION 2: That Section 36-459 of the Santa Ana Municipal
Code, is hereby amended to read as follows:
Sec. 36-459. Revocation of Permit.
(a) Any vendors or operators' permit may be suspended
or revoked by the City Manager or his designated representative
for any of the following reasons:
(1) Falsehood of any information supplied
by the permittee upon which issuance of the permit
was based;
ORDINANCE NO. NS- 1731
PAGE TWO
(2) Failure of the permittee to notify the
Chief of Police within two (2) weeks, of any
change occurring subsequent to the issuance of
the permit in the information supplied by the
permittee upon which the 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 sections
36-460 through 36-466, inclusive;
(4) Violation by the pgrmittee, or any
employee, subcontractor or independent contractor
of the permittee, of any state law or municipal
ordinance while in the course of conducting
vending operations from ice cream truck pursuant
to the permit.
(b) No such suspension or revocation shall become
effective until the permit holder has been notified in writing
of the right of such permit holder to appeal the suspension or
revocation pursuant to the provisions of Chapter 3 of this Code.
Notification of the permit holder shall be made either by personal
delivery or by certified or registered mail, return receipt re-
quested, addressed to the permit holder at such permit holder's
residence address as set forth on the application for a permit.
If a timely appeal is filed, the suspension or revocation shall
be stayed and shall become effective only upon decision of the
City Council. Otherwise, the suspension or revocation shall be-
come effective after the timely appeal period has expired.
(c) No person whose permit is revoked shall
to apply for a new permit for a period of one (1) year
such revocation.
be eligible
following
SECTION 3: 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
or 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, sub-
section, sentence, clause, phrase or portion thereof irrespec-
tive of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ORDINANCE NO. NS- 1731
PAGE THREE
SECTION 4: 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 case deposit in lieu thereof,
required to be posted, filed or deposit pursuant to any ordin-
ance and all rights and obligations thereunder appertaining
shall continue in full force and effect.
ADOPTED this 25th day of June , 1984.
ATTE S T .'
nice C. Guy - '
C~lerk of the coun/cil///
~y~r~mbour ger ~/
COUNCILMEMBERS:
Luxembour ger Aye
Acosta Aye
Bricken Aye
Griset Aye
Johnson Aye
McGuigan Aye
Young Aye
APPROVED AS TO FORM:
Edwar~ J C~._~per
City ~%t tor ney