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HomeMy WebLinkAbout91-01 - Amending Code to Regulate PushcartsORDINANCE NO. GI-( AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING SECTIONS 9-131, 9-132, 9-133 AND 9-191 OF THE COSTA MESA MUNICIPAL CODE TO REGULATE PUSHCARTS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Costa Mesa does hereby find: WHEREAS, the business of pushcart and street or sidewalk vendors by a human powered device upon a public street, alley, parkway, sidewalk or other public property in the City of Costa Mesa is a business which impacts on the public's health, safety and welfare; and WHEREAS, the regulation of such business of pushcart and street or sidewalk vendors by a human powered device will protect the public's health, safety and welfare: Section 2. Section 9-131 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Except as provided in Article 9 of Title 9 of this Code, soliciting includes any person firm or corporation engaged in the business of going from house-to-house, or place -to -place, other than commercial business houses, or at, on, or along the public streets, sidewalks or public places, selling or taking orders for, or offering to sell or take orders for goods or services to be performed in the future, or for things of value to be delivered in the future, or performing services which require further development, consummation or completion elsewhere than at the place where performed. Section 3. Section 9-132 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Except as provided in Article 9 of Title 9 of this Code, each and every person who desires to engage in the business of peddling or soliciting and is going from house-to-house, or place- to -place, within the legal boundaries of the City of Costa Mesa, shall first obtain an identification card from the chief of police. The chief of police shall furnish an application for such purposes and the applicant shall complete the application giving his or her: (a) Full and complete name; (b) Permanent home address; (c) Physical description; (d) Date and place of birth; (e) Name and address of employer; (f) Employer's type of business; and (g) Proposed method of business activities in the City of Costa Mesa." Section 4. Section 9-133 of the Costa Mesa Municipal Code is hereby amended to read as follows: "Except as provided in Article 9 of Title 9 of this Code, it is presumed that a person has an established route within the City when such person can present a bona find customer list consisting of no less than ten (10) names and addresses within the city, and, within the preceding quarter, at least ten (10) of said persons on said list have been services by applicant or his agent. Each person servicing, managing or operating such route shall be exempt from meeting the requirements of Section 9-130. Persons who solicit for charitable or religious purposes are exempt from Section 9-130." Section 5. Article 9 of Title 9 of the Costa Mesa Municipal Code is hereby amended to read as follows: ARTICLE 9. PUSHCART AND PEDESTRIAN FOOD VENDORS. Section 9-191.1. 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, partnership, association, corporation, stockholder, including, but not limited to, owners, operators, lessors and lessees 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 good, beverage, or product therefrom. (f) vendor's permit: Shall mean a permit issued by the City of Costa Mesa 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 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 Costa Mesa. (h) Uniform: Shall mean, at the minimum, a shirt containing the logo, insignia, name or other identifying characteristic of the vendor. Section 9-191.2. 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 general public, except as provided for in this Article. (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 9-191.3. Permit Required. (a) No person shall operate as a vendor without a vendors 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 Costa Mesa. (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 9-191.4. 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 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 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. (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 provisions of Section 9-191.5. (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) 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 number of pushcarts owned, operated, leased, controlled or contracted by the applicant to be used in the City of Costa Mesa. (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 9-191.13(e). (8) The full and true names and residences of all persons employed, contracted, leased or otherwise 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 (5) percent of the stock of the corporation; or each of the partners, includinglimited 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 identification number of the above- described natural persons; (ii) Date of birth of the above- described natural persons; (iii) 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; (iv) 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. (lo) The applicant, if other than an individual, shall also furnish the following information: (i) Each business address of the applicant for the three year period immediately preceding the date of the application; (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; (iv) 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 chief of police or his designated representative may require in order to discover the true 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 Costa Mesa and produce proof that the required application containing the information and supporting documentation required by subsection (c) of this section. (f) 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. (g) If the applicant is an individual who is also to be the operator, no separate operator's permit shall be required. Section 9-191.5. Application for operator's permit; contents; reqired fee. (a) Any vendor may apply for the permit required under this section on behalf of any and all operators employed 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 section 9-191.4 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 a 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 has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such aplication is filed. Permit issuance fees required under this article shall be in addition to any license, permit or fee required underrrrrrr 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 a 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 number; (2) Any other names used by the applicant; (3) Acceptable written proof of identification 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 preceding the date of the application; (5) The business, occupation or employment 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) All criminal convictions suffered by the applicant, including ordinance violations, and traffic offenses; (s) Such other identification and/or information as the chief of police or his designated representative may required in order to discover the truth of the matters required to be set forth in the application. (e) The applicant shall personally appear at the police department of the City of Costa Mesa 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 (2) weeks after such change. Section 9-191.6. 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 deny the application for the permit or renewal thereof. Section 9-191.7. 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 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 Costa Mesa 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 & 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 bookmaking; or in the case of applications for an operator's permit, alcohol or drug related traffic offenses. 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 above -listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. Section 9-191.8. Permit term and renewal. The term of vendor and operator permits, unless sooner suspended or revoked, shall be for a period of one 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 9-191.4 or 9-191.5 together with such permit renewal fee as may be established by resolution of the City Council. Section 9-191.9. Denial of permit. If the chief of police or his designated representative does not' find that all of the requirements set forth in Section 9-191.7 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 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. Section 9-191-10. 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, or of any employees or subcontractors of the permittee, to comply with the regulations set forth in Sections 9- 191-12 and 9-191.13; (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 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 9-191.7(e). Any permittee whose permit is revoked shall not be eligible to apply for a new permit for a period of one year following such revocation. Section 9-191.11. 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 Title 2 of this Code. Section 9-191-12. Prohibited conduct. (a) No vendor shall cause more than three (3) pushcarts to assemble, gather, collect or otherwise join for the purpose of pickup and delivery by the vendor on any street, sidewalk, highway, or public place. (b) No person shall vend from a pushcart within two hundred (200) feet of any school property or at any other location prohibited by any section of this Code. Section 9-191.13. 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 this Code. (b) Pushcarts shall not be stationed for purposes 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 required to wear a uniform as defined in Section 9- 191.1. (f) No artificial lighting of any pushcart is permitted. (g) A refuse bin of at least one cubic foot shall be provided in or on the pushcart. Section 9-191.14. 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 9-191.15. Citations for Violation. All police officers and code enforcement officers of the City of Costa Mesa are authorized to give citations to any and all persons violating any of the provisions of this Article to appear in the Municipal Court of the Orange County Harbor Judicial District, not less than five days from the date of the giving of the citation unless a shorter period of time is requested by the person to whom such citation is given, and such citation shall be deemed to be a complaint charging violations of this Article. Section 9-191.16. Impounding Unlawfully operated Pushcart Devices. All police officers, code enforcement officers, inspectors and traffic control officers of the City of Costa Mesa are authorized and empowered to remove or cause to be removed all pushcart devices operated, parked, or caused to be parked or left parked upon any sidewalk, alley, parkway, public street or public parking lot or public property contrary to the provisions of this Code, or illegally parked, and to store the device, and the owner or operator of the device shall be liable for any reasonable towing, storage charges, and costs of enforcement of the provisions of this Article. Section 6. This ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY 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 Ordiance and a certified copy of the text of this Ordinance shall be posed 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 4th day of February,1991. Mayor or the City of Costa Mesa Attest: City Attorney city Clerk of the City of Co a Mesa APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 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. 91-1 was introduced and considered section by section at a regular meeting of said City Council held on the 21st day of January, 1991, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 4th day of February, 1991, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 5th day of February, 1991. City Clerk and ex -officio Clerk, of the City Council of the City of Co to Mesa