Loading...
HomeMy WebLinkAboutNS-2115 Not adopted I ,'l2' 3 '~ . REL: 2/11/9111 ORDINANCE NO. NS-21~ ~ AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 26-100 THROUGH 26-102, DELETING SECTION 26-111, AND ADDING SECTIONS 26-114 THROUGH 26-122 TO THE SANTA ANA MUNICIPAL CODE, TO REGULATE PUSHCART VENDING IN THE DOWNTOWN DISTRICT AND TO PROHIBIT PUSHCARTS OUTSIDE THAT AREA. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Sec. 26-100. Definitions. is SECTION 1: That section 26-100 of the hereby amended to read as follows: erms have the (c) Person: Any natural person, firm, partnership, association, corporation, stockholder, including, but not limited to, owners, operators, lessors and lessees of pushcarts. (d) Vendor: Any person who: (I) Conducts or permits operation of pushcart(s) beverage or product; or causes the vending food, (2) Owns, operates, controls, manages, or leases pushcart(s); or (3) Contracts with persons to vend food, beverage or product from a pushcart. 1 224 I , r r (e) Operator: Any person who 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. (g) Operator's permit: Shall mean the permit issued to any person who 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, a shirt containing the logo, insignia, name or other identifying characteristic of the vendor. nta Ana Municipal Code is er for sale any food, e box, stand, bag or art, on any street, sed area open to the or otherwise cause any any food, beverage or (a) or (b) of this SECTION 3: That section 26-102 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 operate a pushcart for the purpose of vending without an operator's permit issued pursuant to the 2 9')5 ,.., ,..,,1 t provisions of this article. SECTION 4: That section 26-111 of the Santa Ana Municipal Code is hereby repealed. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-114, which said section reads as follows: Sec. 26-114. Downtown District defined. As used in this article, "Downtown District" extends to and includes all of the following: (i) The open-space pedestrian areas in the civic center complex bounded by Flower street, civic Center Drive, Broadway and Santa Ana Boulevard, but excluding the sidewalks on those streets and the sidewalks on Ross street; SECTION 6: by adding a as follows: sec e sidewalks on both sides of Fourth Street Stre nch Street; O.WI:' / -. ------ he s~ n both si~$!J:!.' ot:~urgeon Street th Street and the ~r-~a'rk\nJ s ructure to the '."Pr\ ~U~i~'\~:iS boroby amsndsd ior\'t'Q" m d 2li-115, which sa d section reads ERK ?F THE COUNCIL "Director" def~ne . (iii) between Fou north ther Sec. 26-115. As used in this article, the term "Director" means the Executive Director of community Development or his or her designated representative. SECTION 7; That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-116, which said section reads as follows: Sec. 26-116. certificate requirement. (al No person shall vend from a pushcart in the Downtown District unless a certificate for such vending has been issued by the Director and such certificate has not expired or been revoked. The certificate shall be accompanied by a placard issued to the certificate grantee, which placard shall be in such form as the Director shall determine to be appropriate for the effective enforcement of this article. (b) Every person who has been issued a certificate by 3 226 r [',I. ' , i the Director to vend from a pushcart in the Downtown District shall maintain such certificate on his or her person or pushcart and shall provide it upon request to any police officer for review and shall also maintain the placard on the pushcart in a manner prescribed by the Director. Every such person shall conduct his or her vending operations in conformity with the terms and conditions of his or her certificate. SECTION 8: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-117, which said section reads as follows: Sec. 26-117. Purpose of certificate requirement. In imposing a special certificate requirement for the operation of pushcarts in the Downtown District, the city council finds and determines that p shcart operation in the Downtown District have proliferat the point where they have become detrimental to the C 'y's fort to economica,lly revitalize that area, in that t eY-create congestion problems on the sidewalks, cause grea y ~ncreased itter problems in the area, and give the area generally unsi tly appearance. It is the purpose of the pecfal _pertific e requirement to limit and control pushc opet'ations in / ntown District to the extent necess y to," avoid suc a erse effects or mitigate them to an cce table level SECTION ~ That the S na ,~~~iVip~ adding a section, t be mbere~f96- ~ as follows: ,!~) i'~ {j-<J:- E~rgibi1k~~~'fur c No person exc t t~~l r of a vendor's permit or an operator's permi i~ rsuant to sections 26-102 through 26-110 of this ar 'cle ay be issued a certificate to vend from a pushcart in Downtown District. No person may be issued such a certif1cate unless he or she has obtained such approval from the orange County Health Department as may be required for the pushcart from which such person intends to vend. is hereby amended by ich said section reads SECTION 10: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-119, which said section reads as follows: Sec. 26-119. Standards. Standards for pushcart operations in the Downtown District shall be established by resolution of the city council. Such standards may extend to the quantity, location, appearance, 4 227 product mix, mObility and cleanliness of pushcarts and their operation. certificates issued by the Director pursuant to this article shall be conditioned by the Director as the Director determines appropriate to restrict certificate grantees to vending operations in accordance with such standards, and such conditions and the expiration date of the certificate shall be set forth in the certificate. SECTION 11: That the Santa Ana Municipal Code is hereby amended by adding a section to be numbered 26-120, which said section reads as follows: Sec. 26-120. Certificate applications. of on shall be accompanied shall be established SECTION ~ That the Santa Ana Municipal Code is hereby amended ,by adding a section, to be numbered 26-121, which said section reads as follows: Sec. 26-121. Revocation of certificate. The Director may revoke any certificate issued pursuant to this Article for any of the following reasons: (I) Falsehood of any information supplied by the certificate grantee upon which issuance of the certificate was based; (2) Loss of the eligibility requirements specified in section 26- 118; (3) Failure of the certificate grantee to comply with the terms and conditions set forth in his or her certificate. (4) Nonuse of the certificate for a period of thirty 5 Cl"8 N~ r r consecutive days or more. SECTION 13: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 26-122, which said section reads as follows: Sec. 26-122. Appeal. Any person whose application for a certificate is denied or whose certificate is revoked may appeal such decision to the city council pursuant to Chapter 3 of this Code. SECTION 14: until such time as the city council may provide otherwise by resolution, the standards referenced in section 26-119 as added to the Santa Ana Municipal Code by this ordinance shall be those set forth in Exhibit A, attached hereto and incorporated herein, and the fee specified in section 26-120 as added to the Santa Ana Municipal Code by this ordinance shall be $100 per application. SECTION 15: The Services is here license tax paid license tax year city due to the refund shall be refund is propor 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 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 anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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, 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 6 22!l pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this day of 199_ ATTEST: Daniel H. Young, Mayor Janice C. Guy Clerk of the Council COUNCILMEMBERS: Young Acosta Griset May McGuigan Norton Pulido APPROVED AS TO FORM: ~~ Edward . C op r City At orney \ DATE: 9-/-'11 .', ~Cf\ nv\~V ~U\~'~ ~O~ 7 2"31 DOWNTOWN PUSHCAll.T STANDAll.DS 1. QU~~~TY AND LOCATION A. Fourth Street', A maximum of two puahcarts will be allowed per City block and at the cut-out planter bench locations. The pushcart must be 1 ated adjacent to the intersection and away from entrances and e 'ts of buildings such that it does not impede pedestrians using rosswalks (see Attachment A). If a direct competitive conflict e lsts between a street vendor and an adjacent merchant at a location escribed above, an alternate location in the block may be considere . A maximum of only at the ic Center and ij. Civic Center 2, APPEARANCE AND D Vendors' carts a d thei~ato officials prior 0 ~w n ap Santa Ana Commun'ty ment are encouraged t st for the u equipment and em re and standards: ce and Health rector of the ee. Vendors lly pleasing the following design A, Cart exterior must be of natural finish stainless enameled steel, or lexan finish, No carts will be permitted. B. Colorful and mandatory. umbrellas are encouraged, but are not C. Anysignage locate on the cart must be concise, professionally applied, and appr ved by the Community Development Executive Director or his or her de ignee. r D. Operators must wear a readily identifiable upper body blouse, shirt, or jacket tha identifies the vendor. Festive and colorful presentation are encouraged. Pushcarts permitted on Fourth Street, between Fr ch Street on the east and Bush Street on the west, or otherwise nown as Fiesta Marketplace, must comply with a special set of desig and color guidelines (see Attachment B), No other pushcarts will be ermitted in this area to guarantee the aesthetic theme of the Fiesta arketplace project. / 3. PRODUCT MIX The maximum level of different products). considered. product mix per block will be sought (two If this proves unlikely, alternatives may be Exhibit A Page 1 of 2 232 4, WORK STATION AND LOCATION , Vendors will be assigned locations on a first-come, firs Should this prove unsuccessful, a lottery assignment '1 Stools, chairs, or other forms of seats are not all ed. The work stations must remain clean at all times. Arrang ents will be made for Fourth Street vendors to access hose bib 10cat' ns to clean these stations daily. Hoses are to be furnished by the ven r~. Vendors at stations found untidy and consistently soiled will b subject to permit revocation. DATE: 1lthr \,\('5\ ''''I cl Exhibit A Page 2 of 2 L~ ,......... .--- ~ @ (l!J []:J. if --'] 9 rfIFilO If ~ 10 II.~. 00 · ~: J.;l L1l LQ(~'-\Mm .~ \'J r,::J cdJ l "I .... LJc - ,---I: · /19 ~m III '-=-~ , .P..., b r1D a~ ~ --=~. -"Cd ~ f U~, . I --.--- -"Cd --. - dIU I ~ ,,-' mg( ~,J_~-1 I - . ...-..., ['~I ~=->l - 'ill 0;B ~ ____ __._____J _ LJ 19):a ct] ... ru~ QID ~ IT'U ~ ~~ l~U ____ ~ ~ _~.~~~lm~-'gj[g EtrJ ~~ or' ,~ [jTJ ~. F'-'''ilWi!, !: f , Attachment A f ~ 23~ f . 23,4 .. Fl EST ^ MARKETPLACE" GAin DES IGN The cart ahould be bul1t on a I" by I" monoc ue tubular frame which has been powder paint coated. All tops and cornera auld be of 16 gauge atainless steel. Interiors will be of stsinless st with exterior psnels of 3/16" lexsn screenprinted with approved graphi The col~rs on the cart must be selected from the following "Frazee" ex erior panels, Fiesta Marketplace paint color pa le t. CZ-D-278, 506, 505, 282; 279, 4342, 212, 277; 230, 4345; 4215, 287. \~ r;::, ~ ClIO"" ~, 1\\' COIlllC Attachment B