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HomeMy WebLinkAboutNS-1775 - Amending Sections of the Santa Ana Municipal Code to Regulate the Sale of Food and Beverages from PushcartsLAR:jd 11/8/84 ORDINANCE NO. NS-1775 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 26-105, 26-106, 26-108, 26-109 and 26-111 OF THE SANTA ANA MUNICIPAL CODE 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 26-105 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, approve or d~ny the application for the permit or renewal thereof. SECTION 2: That section 26-106 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-106. Issuance of Permit. The chief of police or his designated representative, after receiving the application, 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- 1775 PAGE TWO 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 §9 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 3: That section 26-108 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 26-108. Denial of Permit. (~) If the chief of police or his designated rep- resentative does not find that all of the requirements set forth in section 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 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. Notice of denial of the application for the permit shall be deemed to have been served if it, in fact, is person- ally 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. SECTION 4: That Section 26-109 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 26-109. Revocation of Permit. (a) Any permit issued under this article may be suspended or revoked by the chief of police or his designated representative for any of the following reasons: ORDINANCE NO. NS-1775 PAGE THREE (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). (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 5: That ~ 26-111 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 26-111. Prohibited Conduct. (a) No vendor shall cause more than three (3) push- carts to assemble, gather, collect or otherwise join for the purpose of pick-up and delivery by the vendor on any street, sidewalk, highway, or public place. (b) No person shall vend from a pushcart within 200 feet of any school property, or other location prohibited by any section of this Code. SECTION 6: 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. ORDINANCE NO. NS- 1775 PAGE FOUR 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 7: 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 deposited pursuant to any ordinance and all rights and obligations there- under appertaining shall continue in full force and effect. ADOPTED this 20th day of May , 1985. DANIEL E~ ~RISEL MA~OR ATTEST .' tlerk of the CounCil COUNCILMEMBERS: Luxembourger Aye Acosta Griset ~¥e Hart Johnson -~ye McGuigan Young ~¥e APPROVED AS TO FORM: