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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 S:\ COUNCIL\ Ords\ 13- 14 \5.45PushcartVendors2d.docx -- Page 1 of 8 Pages -- v o • )RIGINAL 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 S:\ COUNCIL\ Ords\ 13- 14 \5.45PushcartVendors2d.docx > (n F-- r- -- Page 2 of 8 Pages -- ° ORIGINAL 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. S:\ COUNCIL\ Ords\ 13- 14 \5.45PushcartVendors2d.docx o�cgPKF9 sn > m -- Page 3 of 8 Pages -- ORIGINAL 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. S: \COUNCIL \Ords\ 13- 14 \5.45PushcartVendors2d.docx -- Page 4 of 8 Pages -- 0M449 Y � t� Q J ORIGINAL 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 S:\ COUNCIL\ Ords\ 13- 14 \5.45PushcartVendors2d.docx O��AKFy�' >- m -- Page 5 of 8 Pages -- o ORIGINAL 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 S:\ COUNCIL\ Ords\ 13- 14 \5.45PushcortVendors2d.docx >- m -- Page 6 of 8 Pages -- o v ?RiGINAL 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. --- - - - - -- 000---- - - - - -- S: \COUNCIL \Ords\ 13- 14 \5.45PushcartVendors2d.docx -- Page 7 of 8 Pages -- ``� oAKF9`r -c� > m F— G V ORIGINAL 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: ,�// ✓ ✓ ✓ ✓ ✓ 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 JHR:Isc S: \COUNCIL \Ords\ 13- 14 \5.45PushcortVendors2d.docx -- Page 8 of 8 Pages -- o��AK�yJT > m U ORIGINAL 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 N-1,'E PrC i t MyC 16 AKF9� f- m U � O ORIGINAL.