HomeMy WebLinkAboutORD NO 4774ORDINANCE NO.
4774
ORDINANCE AMENDING CHAPTER 5.56 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO TRANSIENT
OUTDOOR BUSINESS LICENSES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.56 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 5.56. TRANSIENT OUTDOOR BUSINESSES
5.56.010 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:
"Business owner" means any person who engages in or operates a
transient outdoor business (including on his, her or its own property) and shall be
the applicant for the permit required in this chapter.
"Lessee," unless otherwise qualified, means any person who is in lawful
possession of the property.
"Manager," unless otherwise qualified, means any person who is an
employee or agent of the property owner or lessee charged with the
responsibility of managing the site on the property where the business owner
seeks to establish his, her or its transient outdoor business.
"Person" means any individual, partnership, corporation, association or
public entity of any nature whatsoever.
"Property," unless otherwise qualified, means the property from which the
business owner seeks to operate his, her or its transient outdoor business, or from
which the transient outdoor business is operating.
"Property owner," unless otherwise qualified, means any person who is the
recorded owner of the property.
�OAKF,s�
S:\ COUNCIL \Ords\ 13- 14\ 5 .56.TransOutdoorBusiness2d.docx
M
-- Page 1 of 4 Pages -- o
ORIGINAL
"Temporary business" means any business selling goods, wares or
merchandise fewer than one hundred twenty -one consecutive days entirely
independent from a structure upon a permanent foundation in accordance
with the requirements of Title 15 of this code.
"Transient outdoor business" means any temporary business within the city
eP4 which hires, leases, uses, enters upon or occupies any property within the
city.
SECTION 2.
Section 5.56.030, subsection A, of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.56.030 Application.
A. Completed applications for permits under this section shall be
made on forms approved by the finance director or designee, shall be
submitted no less than thirty days prior to commencement of the transient
outdoor business, and shall be signed under penalty of perjury by the applicant.
The permit application form shall require the following information:
1. The name, mailing address, title, telephone number, previously used
names, date of birth, sex, height, weight, eye color, hair color, driver's license
number, social security number and arrest record, if any, of the business owner
and any operator of applicant's business during the life of the permit;
2. Prior permits held and whether such permits were ever revoked or
suspended and the reasons therefor;
3. The name and description of the type of the transient outdoor
business, a description of the site on the property, the anticipated
commencement date, and the length of time during which such business shall
be conducted;
4. A current, valid, number and expiration date of a city business tax
certificate for the transient outdoor business;
5. Except when the city is the property owner or lessee, a written
authorization signed and dated by the current property owner, lessee, or
manager, if other than the applicant, for the locating of the transient outdoor
business upon such owner's, lessee's or manager's property. The application
form shall additionally require the property owner, lessee or manager to state:
S: \COUNCIL \Ords\ 13- 14\ 5 .56.TransOutdoorBusiness2d.docx
-- Page 2 of 4 Pages --
S
� o
'?RIGINAL
a. A definite commencement date for entry not older than ninety
days from the date of the authorization, such commencement date expressed
as a single day of a single month of a single year,
b. A definite termination date for entry expressed as a single day of a
single month of a single year not more than one hundred twenty -one
consecutive days after the commencement date,
C. An automatic termination upon any transfer or assignment of
interest in the property from the authorizing property owner, or lessee, or upon
any change of the authorizing manager,
d. A representation that the authorizing property owner, lessee or
manager has not issued any other authorizations for the same property for the
same dates or overlapping dates of commencement or termination.
SECTION 3.
Section 5.56.031, subsection B, of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.56.031 Issuance.
B. The finance director or designee shall issue a transient outdoor
business permit to a temporary business for the length of time requested in the
application form not to exceed one hundred twenty -one consecutive days. The
finance director or designee may issue a permit for a shorter period to mitigate
impacts to vehicular or pedestrian traffic or parking space.
SECTION 4.
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.
WITITITOTIM
& \COUNCIL \Ords\ 13- 14\ 5 .56.TransOutdoorBusiness2d.docx
-- Page 3 of 4 Pages --
o�` ,bAK,9T
� r
rJ G
nRIGINAL
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
JUN 0 k 7014 by the following vote:
YE COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SUL05"AN, JOHNSON
NOES: COUNCILMEMBER: NCX"Q-
ABSTAIN: COUNCILMEMBER: fgpt&
ABSENT: COUNCILMEMBER: N ptQ—
1944 IZU 2X&j:�Z
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN p 1, 1614
By: wae
KEN WEIR
VICE -MAYOR
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
11" /
JOSHUA H. RUDNICK
Deputy City Attorney
JHR:Isc
S: \COUNCIL \Ords\ 13- 14\ 5 .56.TransOutdoorBusiness2d.docx
-- Page 4 of 4 Pages --
�PKF9
> m
t o
0
')RIGINAL
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. 4774, passed by the
Bakersfield City Council at a meeting held on the 4th day of June, 2014 and entitled:
ORDINANCE AMENDING CHAPTER 5.56 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO TRANSIENT OUTDOOR BUSINESS
LICENSES.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By.
DE City Clerk
o��AK�9s
F- m
v o
ORIGINAL