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HomeMy WebLinkAbout92-02 Sales of Single Seasonal Agricultural ProductsORDINANCE NO. 92-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING ARTICLE 5-1/2, SECTIONS 9-163 TO 9-163.6 TO CHAPTER II, TITLE 9 OF THE COSTA MESA MUNICIPAL CODE RELATING TO SALES OF SINGLE SEASONAL AGRICULTURAL PRODUCTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Article 5-1/2 is hereby added to Chapter II, Title 9 of the Costa Mesa Municipal Code to read as follows: ARTICLE 5-1/2. SALES OF SINGLE SEASONAL AGRICULTURAL PRODUCTS. Sec. 9-163. Permit Required. Notwithstanding the provisions of Title 13, a temporary stand for the sale of a single, seasonal agricultural product may be set up in any commercial or industrial zone and on any church or school sites within the City of Costa Mesa, if a health permit, where required, has first been obtained from the County of Orange, and a permit has been obtained from the Director of Development Services as hereinafter provided. Sec. 9-163.1. Permit Exception. Nothing in this article shall be construed to restrict any established retail place of business within the City of Costa Mesa from selling or offering for sale agricultural products, either in the business establishment or on the same premises, and the permit provisions of this article shall not apply thereto. Sec. 9-163.2. Merchandise to be Sold. The stand shall be limited to the sale of a single agricultural product at any one time. Sec. 9-163.3. Permits, issuance. Permits for the sale of single seasonal agricultural products shall be issued only to bona fide non-profit organizations with their principal and permanent meeting place within the City of Costa Mesa and at least fifty (50) per cent of the current members residing within the city limits. Section 9-163.4. Application requirements. Each applicant for a permit shall file his application with the Director of Development Services, which application shall show the following: (a) Name and address of applicant; (b) The applicant's status as a nonprofit, charitable, educational, religious or eleemosynary corporation or association. (c) The purpose for which the applicant is primarily existing and for which it was organized; (d) The names and addresses of the officers, if any, of the applicant; (e) The location where the applicant will sell single seasonal agricultural products; (f) When the applicant was organized and established; (g) The location of the applicant's principal and permanent meeting place; (h) The name, address, and consent of the owner of the property on which the products will be sold; 2 (i) The applicant's state board of equalization sales tax permit number; (j) A site plan showing the location of the proposed stand, parking areas and access to the public street; (k) Such other information as the Director of Development Services may require to make his investigation. Sec. 9-163.5. Issuance of Permit The application shall be forwarded to the Fire Chief and the Building Official for their approval. Applicant shall secure any building or electrical permits required by the Building Official. After clearance from the aforementioned departments has been received, compliance with all applicable ordinances has been determined, and the Director of Development Services has satisfied himself that the applicant is qualified under the provisions of this Chapter, the permit will be issued. Sec. 9-163.6. Duration of Permit; Deposit. The permit shall be granted for a period not to exceed ninety (90) days from the date of issuance. Prior to the granting of the permit, the applicant shall post with the Director of Development Services of the City of Costa Mesa, a cash deposit in the sum of two hundred dollars ($200.00) which shall be forfeited to the City in the event that the permittee does not thoroughly clean the premises and remove the stand, all produce, rubbish and debris therefrom and repair any damage inflicted to public property within fourteen (14) days of the expiration of the permit. If such premises are thoroughly cleaned, and the stand, all produce, rubbish and debris so 3 removed and any damaged public property repaired, as aforesaid, the cash deposit shall be returned to the permittee. Section 2. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this ..AJ ddayn ^of �, 1992. Mayor cof the City of Costa Mesa ATTEST: APPROVED AS TO FORM: n City Clerk of the City of 4T sta Mesa City Attorney n STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, EILEEN P. PHINNEY, City Clerk and ex -officio clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 92- 2� was introduced and considered section by s?g,ction at a regular meeting of said City Council held on the a0':h day of 1992, and thereafter passed and adopted as whole t a regular meeting of said City Council held on the vote: ay of .�1992, by the following roll call vote: ✓ AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: A� o7� ABSENT: COUNCIL MEMBERS: /(-"y IN WITNESS WHEREOF, I have hereunto se y hand an a fixed the Seal of the City of Costa Mesa this day of, 1992. City Clerk and ex -officio eerrk of the City Council of the C y of Costa Mesa