HomeMy WebLinkAboutNS-2453 - Amending Provisions of Chapter 26 of Santa Ana Municipal Code Regulating Pushcarts in the Downtown2O5
ORDINANCE NO. NS-2453
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING PROVISIONS OF CHAPTER
26 OF THE SANTA ANA MUNICIPAL CODE REGULATING
PUSHCARTS IN THE DOWNTOWN
THE CITY COUNCIL OF THE CITY OF SANTA AND DOES ORDAIN AS
FOLLOWS:
SECTION 1: Sections 26-1 through 26-4 of Chapter 26 of the Code are hereby
amended to read as follows:
ARTICLE I- IN GENERAL
Sec. 26-1. Definitions.
For purposes of this article, the following terms have the following respective meanings:
(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 unenclosed place open to the
public, whether publicly or privately owned, 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, 3artnership, association, corporation,
stockholder, including, but not limited to, owners and operators.
(d) Owner. Any person who owns or controls one (1) or more pushcarts and:
(1) Conducts or permits or causes the operation of such pushcart(s) vending
food, beverage or product;
(2) Owns, operates, controls or manages such pushcart(s); or
(3) Contracts with persons to vend food, beverage or product from such
pushcart(s).
(e) Operator. Any person who operates a pushcart for the purpose of vending
food, beverage or product therefrom.
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(f} Owner's permit. 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. 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 ^na.
(h) Uniform. At a minimum, a collared shirt containing the logo, insignia, name
or other identifying characteristic of the owner.
(i) Civic Center District. The open-space pedestrian areas in the civic center
complex bounded by Flower Street, Civic Center Drive, Broadway and Santa ^na
Boulevard.
~j) Downtown District. All public property and private property open to the public
bounded by Ross Street on the west, First Street on the south, Civic Center Drive on
the north, and French Street on the east, excluding therefrom any portion of the area
defined as the Civic Center District in section 26-1(i) of this Code.
(k) Director. The executive director of the Planning and Building agency or his or
her designated representative.
Sec. 26-2. 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 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 any provision of this chapter
or regulations promulgated pursuant to section 26-22(c).
Sec. 26-3. Permit required.
(a) No person shall operate as an owner without an owner's permit issued pursuant
to the provisions of ^rticle II of this chapter, or without any other business tax, license or
permit required under any other chapter of this Code for each and every pushcart such
person is operating or causing to be operated in the City of Santa Ana.
(b) No person shall operate or vend from a pushcart within the Civic Center District
as defined in section 26-1(i) unless the owner of the pushcart holds a valid Civic Center
owner's permit for such pushcart.
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(c) No person shall operate or vend from a pushcart within the Downtown District as
defined in 26-1(j) unless the owner of the pushcart holds a valid Downtown District
owner's permit for such pushcart.
(d) No person shall operate or vend from a pushcart in violation of any permit
restriction placed upon the pushcart owner's permit pursuant to section 26-22.
(e) No person shall vend from a pushcart without having first obtained a valid
operator's permit issued pursuant to the provisions of Article III of this chapter.
(f) No person shall vend from a pushcart without having upon his/her person a valid
operator's permit in his/her own name.
(g) No person shall employ or retain any person to operate a pushcart for the
purpose of vending unless the person so employed or retained has an operator's permit
issued pursuant to the provisions of Article III of this chapter.
Sec. 26-4. Prohibited conduct.
(a) No person shall operate or vend from a pushcart which is located within fifty (50)
feet of any other pushcart.
(b) No person shall operate or vend from a pushcart within two hundred (200) feet of
any property utilized for school uses or church uses.
(c) No person shall operate or vend from a pushcart within five hundred (500) feet of
the boundaries of the Santa Ana Zoo located within Prentice Park.
(d) No person shall operate or vend from a pushcart within 10 feet of any
intersection, driveway, building entrance, or in any space designated for vehicular
parking.
(e) Pushcarts shall not remain stationary except for the purpose of conducting a
sales transaction. Such restriction shall not apply to any pushcart who is legally
operating within the Civic Center or Downtown Districts.
(0 No pushcart which is permitted to vend in the Civic Center or Downtown Districts
shall vend in any location other than that area designated by the Director pursuant to
section 26-22.
(g) No person shall operate or vend from a pushcart before 9:00 a.m. or later than
6:00 p.m. during periods of standard time.
(h) No person shall operate or vend from a pushcart before 9:00 a.m. or later than
8:00 p.m. during periods of daylight savings time.
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(i) No person shall operate or vend from a pushcart, except those pushcarts
permitted to vend in the Civic Center and Downtown Districts, in violation of any
standards set forth in section 26-5.
(j) No person shall operate or vend from a pushcart within the Civic Center and
Downtown Districts in violation of any standards set forth in section 26-5 and 26-6.
(k) No person shall operate or vend from a pushcart in violation of any restriction
placed upon the owner's permit issued to such pushcart pursuant to 26-22.
SECTION 2: Section 26-6 of Chapter 26 of the Code is hereby amended to read as
follows:
Sec. 26-6. Additional pushcart standards for the Civic Center and Downtown
Districts.
Notwithstanding section 26-5, the maximum dimensions of any pushcart operating in
the Civic Center and Downtown Districts shall not exceed eight (8) feet in length, seven
(7) feet in height and five (5) feet in width.
SECTION 3: Sections 26-12 through 26-15 of Chapter 26 of the Code are hereby
amended to read as follows:
ARTICLE il - OWNER'S PERMIT PROCEDURES
Div. One. Certificate of Eligibility
Sec. 26-t2. Application for certificate of eligibility; contents; required fee.
(a) Any person desiring to obtain an owner's permit shall first file an application with
the chief of police or his designated representative for a certificate of eligibility for such
permit. 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 the chief of police at the time such
application is filed. Fees required under this article shall be in addition to any other
license, permit or fee required under this chapter or any other chapter of this Code.
(b) Neither the filing of an application for a certificate of eligibility, nor the payment of
an application fee, nor the issuance of a certificate for eligibility shall authorize the
vending from, operation or management of a pushcart.
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(c) Each applicant for a certificate of eligibility for an owner'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)
The present residence and business address of the applicant and
telephone numbers of the applicant.
(5) A description of the merchandise which the pushcarts will vend.
(6)
The maximum number of pushcarts owned, operated, leased, controlled
or contracted by the applicant to be used in the 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 section 26-5(e) of this article.
(8)
The full and true names and residences of all persons employed,
contracted, leased or otherwise given control of the applicant's pushcarts.
(9)
The applicant, if an individual; or each of the directors, officers or
stockholders holding more than five (5) percent 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:
California driver's license or identification number of the above-
described natural persons;
b. Date of birth of the above-described natural persons;
The permit history of the above-described natural persons for the
three-year period immediately preceding 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;
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All criminal convictions suffered by the above-described natural
persons, including ordinance violations, but excepting minor traffic
offenses (any traffic offense designated as a minor traffic offense),
stating the date, place, nature and sentence of each such
conviction.
(10) The applicant, if other than an individual, shall also furnish the following
information:
Each business address of the applicant for the three-year period
immediately preceding the date of the application and the inclusive
dates of each such business;
The nature of the business or firm for the three-year period
immediately preceding the date of the application;
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;
All 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 information 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.
(d) 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 contains the information and supporting documentation required by
subsection (c) of this section.
(e) When any change occurs regarding the written information required by
subsection (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 (2) weeks after
such change.
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Sec. 26-13. 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 certificate of eligibility for an owner's
permit. The chief of police or his representative shall, within thirty (30) days after the
date of the filing of the application, approve or deny the application for the certificate or
renewal thereof. If an application is deemed pending under section 26-14(f) the chief of
police or his designated representative shall, within thirty (30) days after the
adjudication of the pending criminal matter approve or deny the application for the
certificate or renewal thereof.
Sec. 26-14. Issuance of certificate.
The chief of police or his designated representative, after receiving the application, shall
issue the certificate 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 (5) percent of the stock of the corporation; or any of the partners,
including limited partners or profit interest holder, manager or other person principally in
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 pled 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 Sections
11054 through 11058; the sale, distribution or display of harmful or obscene matter;
indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool
selling or book-making; or in the case of applications for an operator's permit, alcohol or
drug-related traffic offenses.
(f) The investigating city employee is specifically authorized to obtain state summary
criminal history record information as provided for in Section 11105 of the California
Penal Code. Any complaint for the charges listed in (e) pending before a court of law
shall cause the application to be considered pending until adjudication of the complaint.
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(g) For each individual who is issued a certificate of eligibility, an operator's permit
shall also be issued if such individual, at the time of application, provides two (2)
photographs of the applicant, at least two (2) inches by two (2) inches in size, taken
within the six-month period immediately preceding the date of the application.
Sec. 26-15. Certificate term, renewal and transferability.
The term of a certificate of eligibility for an owner's permit, unless sooner suspended or
revoked, shall be for a period of one (1) year. Upon the expiration of such term, the
person may renew the certificate for additional one-year terms by submitting new
applications in conformance with section 26-12 together with such renewal fee as may
be established by resolution of the city council. No certificate of eligibility may be sold,
leased, transferred, conveyed or granted to any other person.
SECTION 4: Sections 26-17 through 26-18 of Chapter 26 of the Code are hereby
amended to read as follows:
Sec. 26-17. Suspension and Revocation of certificate.
(a) Any certificate of eligibility for an owner's 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:
(1) Falsehood of any information supplied by the applicant upon which
issuance of the certificate was based;
(2) Failure of the applicant to promptly notify the chief of police of any change
occurring subsequent to the issuance of the certificate in the information
supplied by the applicant upon which the issuance of the certificate was
based;
(3) Conviction of, or plea of guilty or nolo contendere by the applicant of any
offense set forth in section 26-14(e).
(b) A holder of a certificate of eligibility shall be notified in writing when a certificate
has been suspended or revoked. Such notice shall contain the grounds upon which
suspension or revocation is based and the right to seek an appeal of the suspension or
revocation under Chapter 3 of the Santa Ana Municipal Code. If no appeal is filed under
Chapter 3 suspension or revocation of the certificate shall become effective 10 days
after notice is served. If a Chapter 3 appeal is filed the suspension or revocation shall
become effective upon final determination by council of the appeal. Notification shall be
deemed to have been served when it is personally served upon the certificate holder or
when deposited in the United States mail with postage prepaid and addressed to the
certificate holder at the last known address of the certificate holder.
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(c) Any person whose certificate of eligibility for an owner's permit is revoked shall
not be eligible to apply for a new certificate for a period of one (1) year following such
revocation.
Sec. 26-18. Appeal.
Any person whose application for a certificate of eligibility for an owner's permit is
denied or whose certificate is suspended or revoked may appeal such decision to the
city council pursuant to Chapter 3 of this Code.
SECTION 5: Sections 26-21 through 26-25 of Chapter 26 of the Code are hereby
amended to read as follows:
Div. 2. Issuance of Owner's Permits
Sec. 26-21. Request and eligibility for owner's permit.
Upon receipt of a certificate of eligibility an applicant may make a request to the director
for an owner's permit. No person except the holder of a certificate of eligibility for an
owner's permit issued pursuant to Division 1 of this article may be issued an owner's
permit. In addition, no person may be issued such a permit 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, has paid all required fees, and
has obtained the business license required by Chapter 21 of this Code.
Sec. 26-22. Permit issuance, transferability and terms.
(a) The term of an owner's permit, unless sooner suspended or revoked, shall be
identical to the period set forth in the underlying certificate of eligibility.
(b) The director is authorized and directed to establish permit application and
issuance procedures for all owner's permits consistent with this section, 26-21 and 26-
23.
(c) The director or his/her designated representative is authorized and directed to
place reasonable and necessary restrictions upon owner's permits to ensure that the
potential adverse effects of pushcart vending are ameliorated to the greatest extent
possible. Such restrictions may extend to such matters as the quantity, location,
appearance, product mix, mobility, pushcart design and cleanliness of pushcarts and
their operation. These restrictions include, but are not limited to, specific vending
locations for all pushcarts located within the Civic Center and Downtown Districts.
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(d) No owner's permit may be sold, leased, transferred, conveyed or granted to any
other person regardless of whether or not such person holds a certificate of eligibility.
Sec. 26-23. Limitation on the number of permits.
No owner's permit shall be issued which would cause the number of pushcarts vending
outside of the Civic Center and Downtown Districts to exceed one hundred and seventy
eight (178). No Civic Center District owner's permit shall be issued pursuant to this
article which would cause the number of pushcarts vending in the Civic Center District
to exceed nine (9). No Downtown District owner's permit shall be issued pursuant to this
article which would cause the number of pushcarts vending in the Downtown District to
exceed thirteen (13).
Sec. 26-24. Revocation ofpermits.
(a) The director may suspend or revoke any permit issued pursuant to this article for
any of the following reasons:
(1)
Revocation, suspension or non-renewal of the certificate of eligibility
issued to the owner pursuant to Division 1 of this article or of required
Orange County Health Care Agency permits.
(2)
Conviction on three (3) or more violations of the regulations set forth in
this chapter by the owner or any of his operators.
(3)
Conviction on three (3) or more failures of the holder of a permit or any of
his operators to comply with the terms and conditions set forth in the
permit.
(b) An owner's permit holder shall be notified in writing when a permit has been
suspended or revoked. Such notice shall contain the grounds upon which suspension or
revocation is based and the right to seek an appeal of the suspension or revocation
under Chapter 3 of the Santa Ana Municipal Code. If no appeal is filed under Chapter 3
suspension or revocation of the permit shall become effective 10 days after notice is
served. If a Chapter 3 appeal is filed the suspension or revocation shall become
effective upon final determination by council of the appeal. Notification shall be deemed
to have been served when it is personally served upon the permit holder or when
deposited in the United States mail with postage prepaid and addressed to the permit
holder at the last known address of the permit holder.
(c) Any person whose owner's permit is revoked shall not be eligible to apply for a
new permit for a period of one (1) year following such revocation.
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Sec. 26-25. Appeal.
Any person whose request for a permit is denied for any reason other than non-
availability pursuant to section 26-23, or whose permit is suspended or revoked, may
appeal such decision to the city council pursuant to Chapter 3 of this Code.
SECTION 6: Sections 26-32 through 26-34 of Chapter 26 of the Code are hereby
amended to read as follows:
Sec. 26-32. 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 an 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 deny the application for the permit or renewal thereof. If an
application is deemed pending under section 26-33(f) the chief of police or his
designated representative shall, within thirty (30) days after the adjudication of the
pending criminal matter approve or deny the application for the certificate or renewal
thereof.
Sec. 26-33. 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 has not been convicted or pled 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 Sections
11054 through 11058; the sale, distribution or display of harmful or obscene matter;
indecent exposure; selling or disposing of lottery tickets; permitting gambling, pool
selling or book-making; or in the case of applications for an operator's permit, alcohol or
drug-related traffic offenses.
(f) The investigating city employee is specifically authorized to obtain state summary
criminal history record information as provided for in Section 11105 of the California
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Penal Code. Any complaint for the above-listed charges pending before a court of law
shall cause the application to be considered pending until adjudication of the complaint.
Sec. 26-34. Permit term and renewal.
The term of 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-year terms by submitting new applications in conformance with
section 26-31 together with such permit renewal fee as may be established by
resolution of the city council. No operator's permit may be sold, leased, transferred,
conveyed or granted to any other person.
SECTION 7: Sections 26-36 through 26-37 of Chapter 26 of the Code are hereby
amended to read as follows:
Sec. 26-36. 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:
(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 to comply with the regulations set forth in this
chapter;
(4) Violation by the permittee of any state law or municipal ordinance while in
the course of conducting vending 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 26-33(e).
(b) An operator's permit holder shall be notified in writing when a permit has been
suspended or revoked. Such notice shall contain the grounds upon which suspension or
revocation is based and the right to seek an appeal of the suspension or revocation
under Chapter 3 of the Santa Aha Municipal Code. If no appeal is filed under Chapter 3
suspension or revocation of the permit shall become effective 10 days after notice is
served. If a Chapter 3 appeal is filed the suspension or revocation shall become
effective upon final determination by council of the appeal. Notification shall be deemed
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to have been served when it is personally served upon the permit holder or when
deposited in the United States mail with postage prepaid and addressed to the permit
holder at the last known address of the permit holder.
(c) Any person whose operator's permit is revoked shall not be eligible to apply for a
new permit for a period of one (1) year following such revocation.
Sec. 26-37. Appeal.
Any person whose application for an operator's permit is denied or whose operator's
permit is suspended or revoked may appeal such decision to the city council pursuant to
Chapter 3 of this Code
SECTION 8: If any section, subsection, sentence, clause, phrase or word of this
Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The city
council hereby declares that it would have passed and adopted this Ordinance, and each
and all provisions hereof, irrespective of the fact that one or more provisions may be
declared invalid.
ADOPTED this 20th day of November , 2000.
ATTEST:
~'-l~atrici~ E. Healy /J
Clerk of the Council ~
COUNCILMEMBERS:
Pulido
Lutz Aye
Bist Aye
Christy Absent
Franklin Aye
McGuigan
Uoreno Absent
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Assistant City Attor~
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CERTIFICATE OF ORIGINALITY & PUBLICATION
I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance
No. NS-2453 to be the original ordinance adopted by the City Council of the City of
Santa Ana on November 20, 2000; and that said ordinance was published in
accordance with the Charter of the City/' J- of S~:~,na,
ate:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2453
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