The URL can be used to link to this page

Home My WebLink AboutORD NO 4955ORDINANCE NO. 4 9 5 5 AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.45 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIDEWALK 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: Sections: 5.45.010 Definitions. 5.45.020 Permit required. 5.45.030 Application—Issuance—Fee. 5.45.040 Regulations. 5.45.050 Penalty and Revocation. 5.45.060 Appeal. 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 vendor" means any person who engages in a business of selling food or merchandise from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. C. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. D. "Pushcart" means a device moved exclusively by human power and includes any stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance. C Trogram Files FAE8FABD3I1301Bakersfield 12909.1.5 45. Sidawalk_Vendors.Final docx (x06)Neevia.wmWmConvetlerPm\tempWVDCX16FC62114FE8-90]3-AD95 0AKF9n — Page 1 of 6 Pages -- " < r1R IGhNi E. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. 5.45.020 Permit required. It is unlawful for any person to operate as a sidewalk vendor without having first procured and maintained a valid permit from the finance director or 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 designee, 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 sidewalk vendor; 3. Prior and current permits held and whether such permits were ever revoked or suspended and the reasons therefor; 4. Where sales are to be conducted by a stationary sidewalk vendor, the exact location where the vendor will be situated, shown on a plot plan, including the locations of structures, utilities, fire hydrants, curb cuts and/or driveways; 5. Roaming sidewalk vendors shall provide the proposed area within which the pushcart will be operated; 6. The business tax certificate number of the business; 7. If food sales are to be conducted, proof that a health department permit for this business has been issued; 8. Proof of a valid California Department of Tax and Fee Administration seller's permit and any other license or permit that is required by local, state, or federal law. B. Application for a stationary sidewalk vendor permit_shall be accompanied by evidence, satisfactory to the finance director or 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 C:\Pmgram Files 8F98211-7FE84073-A095- R, FAEBFA8031 BO\Bakerdeld.12989.1.545. Sidewalk VendOM Final dock 7i 9N -- Page 2 of 6 Pages -- Z1 ORIGINAL 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 anyway related to, any activity addressed by this chapter. C. The finance director or designee shall, in his or her discretion, issue a permit if he or she finds: 1. The application is complete and truthful. 2. The business for which the application is made will be maintained and conducted in accordance with all local, state and federal laws. 3. The operation of such business at such location will not present any substantial hazard to vehicular or pedestrian traffic. 4. Applicant for a stationary sidewalk vendor permit has obtained insurance as required under subsection D of this section. 5. A valid business tax certificate has been issued for this business. 6. A valid health department permit has been issued for this business. 7. The applicant has not had a permit, issued under this section, revoked, unless the finance director or designee finds that the reasons for such revocation are unrelated to this application. D. All permits issued under this chapter shall remain in effect until the following June 30th, unless earlier revoked. All applications for permit renewal under this chapter must be submitted prior to June 16th. E. 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. F. Permits may be issued with conditions to ensure the sidewalk vendor rates 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. C 9Pmgrem Files FAEOFA8031 BD\BakersXele. 12989.1.546Sidawalk VendOM Final.CDu e AKF (06)\neevla comWocConvederProvemp\NVDC\16F48211-7FEe4073AD9,P, �^ rJ C -- Page 3 of 6 Pages -- 0AIG AL 5.45.040 Regulations. A. Except at parades or as permitted by Section 10.56.080(B), the business of selling foods and/or merchandise on a city sidewalk shall be made solely by licensed sidewalk vendors. B. 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. C. 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. D. 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. E. Stationary sidewalk vendors shall maintain the required insurance throughout the term of the permit. F. Pushcarts shall not exceed eight feet in length, six feet in width and five feet in height, measured from the ground. G. No sidewalk vendors shall operate on any city sidewalk on a street designated as a parade route during a parade. All sidewalk vendors operating 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 sidewalk vendors remain available seven business days prior to a parade, applications therefor shall be accepted until noon of the business day prior to the parade. 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 before through four hours after the conclusion of the parade for which the permit was issued. H. No sidewalk vendor shall operate in the immediate vicinity of a City special event, farmers market, or any temporary use permit such as filming, or outdoor concerts. AKF9 C:\Program Has (66)Neevia.mmWocconvederPro\temp\NVDCtl6F4829t4FEaid)2-AD95J T FAEOFABD31 BD\BakersGeld. 12989.1545 Sidewalk Vendors. Final doe U C — Page 4 of 6 Pages — on(a(nAL I. No permit shall be issued for the operation of a stationary sidewalk vendor in any residential district. J. At all times during the operation of a sidewalk vendor on a public sidewalk or pedestrian path, a minimum width of four feet of unobstructed sidewalk shall be maintained for pedestrian traffic, and all other Americans with Disabilities Act standards shall be met. 5.45.050 Penalty and Revocation. A. Any violation of this chapter is subject to administrative fines as set forth in Government Code § 51039. B. Upon the fourth violation in a one year period, the sidewalk vendor permit will be revoked. 5.45.060 Appeal. A. Should any applicant be dissatisfied with the decision of the finance director or designee not to grant a permit or should any sidewalk vendor desire to appeal the issuance of an administrative fine, or revocation of a permit, then said applicant or sidewalk vendor may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or sidewalk vendor 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 or designee 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 or designee, the decision of the finance director or designee shall remain in full force and effect and any reversal thereof by the city manager or designee shall not be retroactive but shall take effect as of the date of the 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. Eff9T*T1iWI!I!I!I C T.'lam Files FAEBFABD31 BMakeefield. 12909.1545.SIdewalk Vendors. Final. aoc 16 (e06)ineevia mmAocConverte,Pm\templNVDM16F402114FE9<d]3-ADgs) NKFy -- Page 5 of 6 Pages -- G c OR 10INAI I 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 DEC 12 2018 by the following vote: ✓ ✓ ✓ ✓ v ✓ ✓ AYE COUNCILMEMBER : RIVERA, GONZALES. WEIR, SMITH, FREEMAN, SULLIVAN. PARLIER NOES', COUNCILMEMBER. NCV.(L ABSTAIN' COUNCILMEMBER: N'WL ABSENT: COUNCILMEMBER: N@f� JU IE DRIMAKIS, Assistant City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: DEC 12 2018 By: .� KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: v RICHARD IGER Deputy City Attorney RI J11 C\Program Files FAE8FA8D31 BDaakers0eld12989. 1545. Sidewalk Vendors Final docx p (x88)Neeia m\docConvederPmVempWVDCV6F4B2117FE&A073-AD958 vT m J t� — Page 6 of 6 Pages — OnIGINAL. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 14th day of December, 2018 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4955, passed by the Bakersfield City Council at a meeting held on the 12th day of December. 2018 and entitled: AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 5.45 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SIDEWALK VENDORS. JULIE DRIMAKIS, CMC Acting City Clerk and Ex Officio of the Council of the City of Bakersfield By:1�� DEPUTY City Clift S9DOCUMENTFORM VAOP.ORD.wpd