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HomeMy WebLinkAboutNS-1738LAR:jd 6/8/84 ORDINANCE NO. NS-1738 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 26-100 THROUGH 26-108 OF THE SANTA ANA MUNICIPAL CODE AND ADDING SECTIONS 26-109 THROUGH 26-113 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 Section 26-100 of the Santa Ana Municipal Code, is hereby amended to read as follows: 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, beverage, or product is offered for sale to the public. (b) Vend or Vending: Offering food, beverage, or product of any kind for sale from a pushcart on any sidewalk, street, alley, highway or public place, including the movement or standing of a pushcart for the purpose of searching for, obtaining or soliciting retail sales of products. (c) Person: Any natural person, firm, partner- ship, association, corporation, stockholder, including, but not limited to, owners, operators, lessors and lessess of pushcarts. (d) Vendor: Any person, who (1) conducts or permits or causes the operation of pushcart(s) vending food, beverage or product; (2) owns, operates, controls, manages, or leases pushcart(s); or (3) contracts with persons to vend food, beverage or product from a pushcart. (e) Operator: Any person who manually propels or otherwise operates a pushcart for the purpose of vending food, beverage, or product therefrom. (f) Vendor's Permit: Shall mean a permit issued by the City of Santa Ana authorizing the holder to engage in the business of vending food, beverage or product from a pushcart. ORDINANCE NO. NS-1738 PAGE TWO (g) Operator's Permit: Shall mean the permit issued to any person who manually propels or otherwise operates a pushcart for the purpose of soliciting, vending, or offering for sale any food, beverage, or product from a pushcart on any sidewalk, street, alley, highway or public place within the City of Santa Ana. (h) Uniform: Shall mean, at the minimum, shirt containing the logo, insiginia, name or other identifying characteristic of the vendor. a SECTION 2: That section 26-101 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-101. General Prohibitions. (a) No person shall sell or offer for sale any food, beverage, or product from any portable box, stand, bag or similar container other than a pushcart, on any street, parkway, or sidewalk, or in any unenclosed area open to the general public. (b) No person shall employ, direct or otherwise cause any other person to vend or offer to vend any food, beverage or product in violation of subsection (a) of this section. SECTION 3: That section 26-102 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-102. Permit Required. (a) No person shall operate as a vendor without a vendor's permit issued pursuant to the provisions of this article, or without any other business tax, license or permit required under any other chapter of this code for each and every pushcart said person is operating or causing to be operated in the City of Santa Ana. (b) No person shall manually propel a pushcart for the purpose of vending without an operator's permit issued pursuant to the provisions of this article. SECTION 4: That section 26-103 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-103. Application for Vendor's Permit; Contents; Required Fee. (a) Any person desiring to obtain a vendor's permit shall make application to the chief of police or ORDINANCE NO. NS-1738 PAGE THREE his designated respresentative. Prior to submitting such application, a non-refundable fee as established by resolu- tion of the City Council shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such applica- tion is filed. Permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this code. (b) Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from, operation or management of a pushcart until such permit has been granted or renewed. (c) The vendor's permit shall be applied for and issued to the applicant pushcart vendor before the vendor's operators may be issued operator's permits under the provi- sions of § 26-104. (d) Each applicant for a vendor's permit shall furnish the following: (1) The full and true name under which the business will be conducted. (2) The full and true name and any other name used by the applicant. (3) If the applicant is a corporation, either foreign or domestic, a copy of the articles of incorporation, and if domestic, a copy of the domestic stock statement. (4) dress of the applicant. The present residence and business ad- applicant and telephone numbers of the (5) A description of the merchandise which the pushcarts will vend. (6) The number of pushcarts owned, operated, leased, controlled or contracted by the applicant to be used in th~ City of Santa Ana. (7) A description 'of the logo, color scheme, insignia and any other distinguishing characteristics of the applicant's pushcarts and description of the uniform as required in ~ 26-112(e) of this Article. ORDINANCE NO. NS-1738 PAGE FOUR (8) The full and true names and residences of all persons employed, contracted, leased or other- wise given control of applicant's pushcarts. (9) The applicant, if an individual; or each of the director's, officers or stockholders holding more than five percent (5%) of the stock of the corporation; or each of the partners, including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business of vending from pushcarts, shall also furnish the following information: (i) California driver's license or identifi- cation number of the above-described natural persons; (ii) Date of birth of the above-described natural persons; (iii) The permit history of the abovedescribed natural persons for the three-year period immediately pre- ceding the date of the filing of the application, including whether such person, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; (iv) Ail criminal convictions suffered by the above-described natural persons, including ordinance violations, but excepting minor traffic offenses (any traffic offense desig- nated as a minor traffic offense), stating the date, place, nature and sentence of each such conviction; (10) The applicant, if other than an indi- vidual, shall also furnish the following information: (i) Each business address of the applicant for three-year period immediately preceding the date of the application and the inclusive dates of each such business; the (ii) The nature of the business or firm for the three-year period immediately preceding the date of the application; (iii) The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; ORDINANCE NO. NS-1738 PAGE FIVE (iv) Ail criminal convictions suffered by the applicant including ordinance violations, stating the date, place, nature and sentence of each such conviction; (11) such other identification and/or in- formation as the chief of police or his designated representative may require in order to discover the truth of the matters required to be set forth in the application. (e) The applicant, if a natural person, or if the applicant is a partnership or corporation, the designated responsible managing officer, shall personally appear at the police department of the City of Santa Ana and produce proof that the required application containing the informa- tion and supporting documentation required by subsection (c) of this section; (f) When any change occurs regarding the written information required by subscection (c) of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the chief of police within two weeks after such change. (g) If the applicant is an individual who is also to be the operator, no separate operator's permit shall be required. SECTION 5~ That section 26-104 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-104. Application ofr Operator's Permit; Contents; Required Fee (a) Any vendor may apply for the permit required under this section on behalf of any and all operators em- ployed or otherwise retained by such vendor. If the operator is also the pushcart vendor such a person shall be exempt from the provisions of this section and be only subject to the provisions of S 26-103 of this Article. (b) To obtain an operator's permit, application shall be made to the chief of police or his designated representative. Prior to submitting such application a nonrefundable fee, as established by resolution of the City Council, shall be paid to the department of finance to defray, in part, the cost of the investigation and report required by this article. The department of finance shall issue a receipt showing that such application fee has been paid. The receipt, or a copy thereof, shall be supplied to ORDINANCE NO. NS-~1738 PAGE SIX the chief of police at the time such application is filed. Permit issuance fees required under this article shall be in addition to any license, permit or fee required under any other chapter of this code. (c) Neither the filing of an application for a permit, nor the payment of an application fee, shall authorize the vending from or operation or management of an pushcart until such permit has been granted or renewed. (d) Each applicant for an operator's permit shall furnish the following information: (1) The operator's full true name, present residence, telephone number and social security (2) Any other names used by the applicant; (3) Acceptable written proof of identifi- cation attesting to the truth of the information provided in subsection (1); (4) Two (2) photographs of the applicant, at least two (2) inches by two (2) inches in size, taken within the six-month period immediately pre- ceding the date of the application; (5) The business, occupation or employ- ment history of the applicant for the one-year period immediately preceding the date of application; (6) The permit history of the applicant, for the one-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license, permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation; (7) Ail criminal convictions suffered by the applicant, including ordinance violations, and traffic offenses; (8) Such other identification and/or in- formation as the chief of police or his designated representative may require in order to discover the truth of the matters required to be set forth in the application. ORDINANCE NO. NS- 1738 PAGE SEVEN (e) The applicant shall personally appear at the police department of the City of Santa Ana and produce proof that the required application fee has been paid and shall present the application containing the information and supporting documentation required by subsection (b) of this section. (f) When any change occurs regarding the written information required by subsection (b) of this section prior to or after issuance of a permit, the applicant shall give written notification of such change to the chief of police within two weeks after such~change. SECTION 6: That section 26-105 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-105. Investigation of Applications. The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant for a vendor or operator permit. The chief of police, or his representative, shall, within thirty (30) days after the date of the filing of the application, render a written recommendation to the city manager, as to approval or denial of the application for the permit or renewal thereof. SECTION 7: That section 26-106 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-106. Issuance of Permit. The city manager, within ten (10) days after receiving the application and aforementioned recommendation from the chief of police, shall Grant the permit only if he 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 knowingly made a material misrepresentation of fact in the application; (d) The applicant has fully cooperated in the investigation of the application; (e) The applicant, if an individual;, or any of the directors, officers or stockholders holding more than five percent (5%) of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in ORDINANCE NO. NS-1738 PAGE EIGHT charge of the operation of the existing or proposed business of vending from pushcarts in the City of Santa Ana or a natural person employed or contracted or leased with to be an operator has not been convicted or pleaded nolo contendere or guilty within five (5) years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug- related misdemeanor or felony crime, including but not limited to: the sale of a controlled substance specified in California Health and Safety Code ~ 11054 through 11058; the sale, dis- tribution or display of harmful or obscene matter; indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool selling or bookmaking; or in the case of app- lications for an operator's permit, alcohol or drug-related traffic offenses. The investigating city employee is specif- ically authorized to obtain state summary criminal history record information as provided for in section 11105 of the California Penal Code. Any complaint for the above-listed charges pending before a court of law shall cause the appli- cation to be considered pending until adjudication of the complaint. SECTION 8: That section 26-107 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-107. Permit Term and Renewal. The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one (1) year. Upon the expiration of such term, the permittee may renew the permit for additional one (1) year terms by submitting new applications in conformance with sections 26-103 or 26-104 together with such permit renewal fee as may be established by resolution of the City Council. SECTION 9: That section 26-108 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-108. Denial of Permit. (a) If the city manager does not find that all of the requirements set forth in sections 26-106 have been met, he shall deny the application for the 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 applicant 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. ORDINANCE NO. NS- 1738 PAGE NINE SECTION 10: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-109, which said section reads as follows: Sec. 26-109. Revocation of Permit. (a) Any permit issued under this article 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; (2) Failure of the permittee to promptly notify the chief of police 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 26-111 through 26-112; (4) violation by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vend- ing operations from pushcarts pursuant to the permit; (5) Conviction of, or plea of guilty or nolo contendere by the permittee of any offense set forth in section 26-106(e)o (b) Any permitee whose permit is revoked shall not be eligible to apply for a new permit for a period of one (1) year following such revocation. SECTION 11: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-110, which said section reads as follows: Sec. 26-110. Appeal. Any person whose application for a permit is denied or whose permit is revoked may appeal such decision to the City Council, pursuant to Chapter 3 of this code. ORDINANCE NO. NS-1738 PAGE TEN SECTION 12: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-111, which said section reads as follows: Sec. 26-111. Requirement of Storage for Vendors Who Reside Outside the City of Santa Ana. (a) Any vendor who employs, contracts, leases or otherwise controls five (5) or more pushcarts in the City of Santa Ana shall provide a storage facility within the City of Santa Ana. (b) Storage facility as used in this section shall mean an enclosed structure used by the pushcart vendor to keep or store its pushcarts and shall serve as the only location from which operators may pick up and deliver the vendor's pushcarts for the purpose of vending in the City of Santa Ana. SECTION 13: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-112, which said section reads as follows: Sec. 26-112. Pushcart Regulations. (a) Each pushcart shall have affixed to it in plain view, the operator's permit required by this article, and any permit required by section 18-502 of this code. (b) Pushcarts shall not be stationed for pur- poses of offering food, beverage or product 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) The operator of a pushcart, if such a person is an employee, contractee, lessee of a vendor shall be re- quired to wear a uniform as defined in section 26-100. (f) No artificial lighting of any pushcart is permitted. ORDINANCE NO. NS-1738 PAGE ELEVEN (g) A refuse bin of at least one (1) cubic foot shall be provided in or on the pushcart. (h) No person shall affix to or use, in conjunc- tion with a pushcart any loudspeaker, public address system, bells, chimes, or other soundmaking device. SECTION 14: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-113, which said section reads as follows: Sec. 26-113. Conducting as a Nuisance. Any pushcart operated contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and may take such other steps and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating a pushcart contrary to the provisions of this article. SECTION 15: Any permittee under Ordinance No. NS-1660 who was operating in full compliance with Ordinance No. NS-1660 prior to the effective date of this ordinance shall have six (6) months in which to comply with the pro- visions of this ordinance, provided such permittee oper- ates in compliance with the provisions of ordinance No. NS-1660. SECTION 16: 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 af- fect 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, subsec- tion, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sen- tences, clauses, phrases, or portions be declared invalid or unconstitutuional. SECTION 17: 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, ORDINANCE NO. NS-1738 PAGE TWELVE 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 deposited pursuant to any ordinance and all rights and obligations there- under appertaining shall continue in full force and effect. ADOPTED this 2nd day of July , 1984. ATTEST: C. GUY, /-- 9~lerk of the Council ' ' APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger Aye Acosta -~ye Bricken -~ye Griset --~t Johnson ~ve McGuigan Nay Young