HomeMy WebLinkAboutORD NO 4772T `
ORDINANCE NO. 4772
ORDINANCE AMENDING CHAPTER 5.45 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SIDEWALK
PUSHCART FOOD VENDORS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.45 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 5.45 SIDEWALK PUSHCART FOOD VENDORS
5.45.010 Definitions.
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the words set out in this section shall have the following
meanings:
A. "Person" means any individual, partnership, corporation or
association of any nature whatsoever.
B. "Sidewalk food vendor" means any person who engages in a
business of selling food and /or drinks on any city sidewalk within the city, and
does not include any business occupying a structure upon a permanent
foundation constructed in accordance with the requirements of Chapter 15.12
of this code.
C. "Pushcart" means a device moved exclusively by human power.
This definition specifically excludes a device by which any person or property
may be propelled, moved or drawn upon a highway.
5.45.020 Permit required.
It is unlawful for any person to operate as a sidewalk pushcart food
vendor on any city sidewalk in violation of this chapter, or without having first
procured and maintained a valid permit from the finance director or his
designee.
5.45.030 Application— Issuance —Fee.
A. Applications for permits under this section shall be made on forms to
be furnished by the finance director or his designee, shall be submitted no less eAKF
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than ten days prior to commencement of business, shall be signed under
penalty of perjury by the applicant and shall require the following information:
1. The name, address and telephone number of the applicant;
2. The name, address and telephone number of the business;
3. Prior and current permits held and whether such permits were ever
revoked or suspended and the reasons therefor;
4. If food sales are to be conducted from a pushcart at a fixed
location (stationary), the exact location where the pushcart will be situated,
shown on a plot plan, including the locations of structures, utilities, fire hydrants,
curb cuts and /or driveways;
5. If food sales are to be conducted from a pushcart other than at a
fixed location (mobile), the proposed area within which the pushcart will be
operated;
6. The business tax certificate number of the business;
7. Whether a health department permit for this business has been
issued;
8. Verification from the applicant, under oath, that he has not, nor has
anyone for him or on his behalf, paid, or promised to pay, or offered to pay, nor
agreed to pay, deliver, or give anything of value, for obtaining the consent or
endorsement by the occupant or person required to give such consent to the
granting of a permit to occupy any stand upon the streets as required in
5.45.030B.
B. The application shall be accompanied by a written approval from
the owner of all established businesses, if any, located within fifty feet in either
direction and on the same side of the street as the proposed fixed (stationary)
location (excepting parade permits).
C. If the application is not accompanied by the signed approvals
described in subsection B of this section, the finance director or his designee
shall, within ten days of receipt of the application, set a hearing upon the
application. The finance director or his designee shall by mail notify the
applicant and each business operator whose approval was not obtained, of the
time and place of such hearing, which shall be not less than five days after the
date such notices are mailed. At such hearing, any owner of any such business
may respond as to the criteria set forth in subsections (E) (4), through (E) (6) of this
chapter. Within five business days of the conclusion of the hearing, a written
decision shall be mailed to the applicant. o`� )NKFq
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D. The application for a fixed location (stationary) pushcart shall be
accompanied by evidence, satisfactory to the finance director or his designee,
of general liability insurance providing coverage on an occurrence basis for
bodily injury, including death of one or more persons, property damage and
personal injury, with limits as required by the city. Insurance required of the
applicant hereunder shall be primary insurance as to the city, its mayor, council,
officers, agents, employees and volunteers and any insurance or self- insurance
maintained by the city, its mayor, council, officers, agents, employees and
volunteers shall be considered excess insurance, over and above the
applicant's insurance and shall not contribute with it. The applicant shall save,
hold harmless and indemnify the city, its officers, agents, employees and
volunteers from all claims, demands, damages, judgments, costs or expenses in
law or equity that may at any time arise from, or are in any way related to, any
activity addressed by this chapter.
E. The finance director or his designee shall, in his discretion, issue a
permit if he finds:
1. The application is complete and truthful.
2. The fixed location of the pushcart (stationary) is no less than one
hundred fifty feet from a hypothetical line extending out to the public sidewalk
from the outer edges of the main entrance of any establishment within which
food is sold to the public. For any establishment having more than one
entrance, the finance director or his designee shall determine which entrance is
the main entrance to the establishment.
3. The fixed location of the pushcart (stationary) is no less than two
hundred fifty feet, measured in either direction on the same side of the street,
from a location specified in a permit issued another stationary pushcart food
vendor pursuant to the provisions of this chapter.
4. The business for which the application is made will be maintained
and conducted in accordance with all local, state and federal laws.
5. The operation of such business at such location will not present any
substantial hazard to vehicular or pedestrian traffic.
6. The operation of such business will not create an unreasonable
hardship for any adjacent or neighboring established business.
7. The applicant for a fixed location (stationary) pushcart has
obtained insurance as required under subsection D of this section.
8. A valid business tax certificate has been issued for this business.
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9. A valid health department permit has been issued for this business.
10. The applicant has not had a permit, issued under this section,
revoked, unless the finance director finds that the reasons for such revocation
are unrelated to this application.
11. The applicant does not presently hold more than one current permit
issued pursuant to this chapter.
12. The total number of permits for fixed location (stationary) pushcarts
issued pursuant to this chapter does not exceed the limits set forth in subsection I
of this section.
F. All permits issued under this chapter shall remain in effect until the
following June 30, unless earlier revoked. All applications for permit renewal
under this chapter must be submitted prior to June 16.
G. The applicant shall pay a fee not to exceed the cost of processing
any such application and inspecting such business as set forth in Section
3.70.040.
H. Permits may be issued with conditions to ensure the pushcart will be
operated in a safe and legal manner, will not disturb the peace and quiet of the
neighborhood and will not constitute an undue burden on city resources.
I. No permit shall be issued to any person operating a fixed location
(stationary) pushcart unless that person was issued a permit the previous year for
the same location. However, if fewer than ten permit - holders hold current
permits, permits may be issued to persons unpermitted the previous year in the
order in which their applications are submitted. In no case, however, shall the
total number of permits issued to operators of fixed location (stationary)
pushcarts exceed twenty. Priority as between applications made the same day
shall be determined by a drawing conducted by the finance director or his
designee. Should any person issued a permit the previous year fail to apply for a
permit renewal for the same location prior to June 16, such person shall be
treated as if he had not been issued a permit the previous year.
J. Those sidewalk food vendors holding a valid permit as of the
effective date of this ordinance shall be permitted to continue at the same
location upon issuance of subsequent permits, for so long as those permits are
continuously held and renewed.
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5.45.040 Reaulations.
Except at parades or as permitted by Section 10.56.080B, the business of
selling foods and /or drinks on a city sidewalk shall be made solely from pushcart
devices as defined in Section 5.45.010C.
B. Except as expressly permitted by and in accordance with the
provisions of Chapter 12.44 and Section 10.56.080B of this code, the sale, offer to
sell, advertising or display of merchandise on any street or sidewalk in the city is
prohibited.
C. No permit - holder shall shout, make any outcry, blow a horn, ring a
bell or use any other sound device including any loudspeaker, radio or
amplifying system where sound of sufficient volume is emitted or produced
therefrom capable of being plainly heard upon the streets, alleys, parks or other
public places.
D. All pushcarts shall be self- contained, and no tables, chairs, boxes or
objects other than the permitted pushcart shall be permitted on the city
sidewalk, except for one chair for the use of the pushcart vendor and one trash
receptacle.
E. Any permit issued pursuant to this chapter shall be nontransferable,
and shall be valid only as to the applicant and location provided on the
application for such permit.
F. The permit - holder for a fixed location (stationary) pushcart shall
maintain the required insurance throughout the term of the permit.
G. Food vending pushcarts shall not exceed eight feet in length, six
feet in width and five feet in height, measured from the ground.
H. No pushcarts shall be operated on any city sidewalk on a street
designated as a parade route during a parade. All pushcarts operated during a
parade which are subject to this chapter shall obtain a specific parade permit.
Parade permits shall be issued on a first come, first served basis, although prior
year parade permit - holders shall be given priority if the application is timely filed.
Applications for parade permits shall be accepted for the period of thirty
business days to ten business days prior to the parade date. If locations for a
stationary pushcart remain available seven business days prior to a parade,
applications therefor shall be accepted until noon of the business day prior to
the parade without regard to the two - permit -per- vendor restriction. The
applicant for a parade permit shall pay a fee not to exceed the cost of
processing any such application and inspecting such business as set forth in
Section 3.70.040. All parade permits shall be valid for the period of two hours
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before through four hours after the conclusion of the parade for which the
permit was issued.
I. No fixed location (stationary) pushcart food vendor shall hold more
than two valid permits issued pursuant to this chapter at any one time.
J. No permit shall be issued for the operation of a fixed location
(stationary) pushcart in any residential district.
K. At all times during the operation of a fixed location (stationary)
pushcart, a minimum width of four feet of unobstructed sidewalk shall be
maintained for pedestrian traffic.
5.45.050 Revocation.
Any permit issued pursuant to this chapter may be immediately revoked
by the finance director whenever he finds:
A. Fraud, misrepresentation or false statement contained in the
application for the permit or made in the course of carrying on the business
regulated by this chapter; or
B. The applicant has been convicted of a crime substantially related
to the qualifications, functions or duties of the business for which application is
made, unless he has obtained a certificate of rehabilitation; or
C. Any of the terms or conditions of this chapter have been violated,
or that the business has been operated in violation of local, state or federal law.
5.45.060 Appeal.
A. Should any applicant be dissatisfied with the decision of the finance
director or his designee not to grant a permit or for the suspension or revocation
of a permit, then said applicant may, no later than ten days after notice of such
decision is deposited in the United States mail, addressed to the applicant or
permittee at the address provided on the application, make written objection
to the city manager or designee setting forth the grounds for dissatisfaction,
whereupon the city manager shall hear said objections at a hearing set within a
reasonable period of time following the filing of the objection with the city clerk.
The applicant shall be given written notice no less than three days prior to the
hearing. The city manager or designee may, upon said hearing, sustain, suspend
or overrule the decision of the finance director or designee, which decision shall
be final and conclusive.
B. Pending the hearing before the city manager, the decision of the
finance director or his designee shall remain in full force and effect and anyp'NK'F9
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reversal thereof by the city manager shall not be retroactive but shall take
effect as of the date of the city manager's decision.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
Judi p f, 114 by the following vote:
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COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER: ChtL
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN 0 iF 2014
By:
KEN WEIR
VICE -MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
y:
JOSHUA H. RUDNICK
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 6th day of June, 2014 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4772, passed by the
Bakersfield City Council at a meeting held on the 4th day of June, 2014 and entitled:
ORDINANCE AMENDING CHAPTER 5.45 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SIDEWALK PUSHCART FOOD
VENDORS.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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