HomeMy WebLinkAboutORD NO 3209ORDINANCE NO. 3209 , NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 12.44.035 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING TO
FOOD VENDORS OPERATING PUSHCART.
BE IT OHDAINED by the Council of the City of Bakersfield
as follows:
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SECTION 1.
Section 12.44.035 of the Bakersfield Municipal Code is
hereby amended to read as follows:
12.44.035 Food vendors operating pushcarts.
A. With the exception of the provisions of this section,
the provisions of this Chapter shall not apply to any food vendor
operating a pushcart on a city sidewalk. Any such vendor shall
first obtain a permit from the city manager or his designee.
B. An applicant for a food vendor permit or for renewal
of such a permit shall submit his/her application to the city man-.
ager or his/her designee on forms to be furnished by the city.
Such an application shall contain the following:
1. Name, residential address and telephone
number of applicant;
2. Name, address and telephone number of the
business;
3. Whether applicant has ever operated in the
City under a prior permit;
4. Whether any prior permit has been revoked;
If the pushcart is to be stationary, the
exact location where the pushcart will be
situated;
6. If the pushcart is to be mobile, the proposed
areas within which the pushcart will be operated;
7. Whether applicant has received health department
approval for this operation;
The name of the operator of each retail
business and the name of each such business
within 50 feet in either direction and on
the same side of the street as the proposed
location;
Approval of such location signed by the
operator of each retail business within
50 feet in either direction, and on the
same side of the street, from the proposed
location;
10.
Such other information as may be required
by the city manager and specified on the
application form;
11. The prescribed application processing fee.
C. If the application does not include the signed
approvals required in subsection B.9. of this section, the city
manager or his/her designee shall, within 10 days of receipt of the
application, set a hearing upon the application. The city manager
or his/her 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 oper-
ator of any such business may address, and the applicant may
respond as to, the criteria set forth in subsections D.1. through
D.7. of this section. Within five business days of conclusion of
the hearing, a written decision shall be mailed to the applicant
and to the operator of any business testifying at such hearing.
D. The
whether to issue
required or not,
city manager or his/her designee, in deciding
or renew such a permit, whether a hearing is
shall consider the following criteria:
1. The width of the sidewalk and the size of
the pushcart;
2. Pedestrian traffic on the sidewalk;
3. Potential safety hazards;
4. Potential obstruction of motorist vision
near intersections;
Whether the proposed location will create
an unreasonable hardship for any adjacent
or neighboring business;
6. Whether applicant ever had such a permit
revoked;
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7. Whether applicant has health department
approval.
No such permit shall be issued or renewed for any location within
100 feet walking distance of an entrance to any restaurant or
other establishment selling prepared food to the public or within
such distance of any location specified in a prior permit issued
under this section; no vendor whose permit specifies an area
within which the vendor may operate shall operate within 100 feet
walking distance of a location specified in a permit issued
another such vendor.
E. If a permit is issued or renewed by the city manager
or his/her designee, such permit shall contain the name of the
permit-holder, the name of the business, the specific location or
area within which the permit-holder may operate, and such condi-
tions as are imposed by the city manager or his/her designee,
including conditions limiting signage.
F. The applicant and/or any business operator whose
approval would otherwise have been required may appeal the deci-
sion to grant or to deny the permit, or to renew or deny renewal
of the permit, to the city council, provided such appeal is in
writing and is filed with the city clerk within 10 days of the
mailing of the written decision. The decision of the council
shall be final.
G. Such permit and evidence
must be displayed so as to be visible
permit-holder's business.
of health department approval
to all customers of the
H. Failure to provide accurate and complete information
in the application, failure to remain within the location desig-
nated on the permit, failure to maintain health department
approval, failure to display all permits as required in this sec-
tion, failure to comply with all conditions of the permit, failure
to keep the sidewalk and gutter along the entire block where the
pushcart is located free of litter associated with such pushcart
operation, and failure to obey all laws while operating a pushcart
permitted by this section may result in revocation of the permit
by the city manager or his/her designee.
I. Revocation of a permit may be appealed to the city
council no later than five days after such revocation by delivery
of such appeal in writing to the city clerk. The decision of the
council shall be final.
J. All permits shall expire each June 30th and may be
renewed for a one-year period by the process set forth in this
section.
SECTION 2.
This ordinance shall be posted in accordance with the
City charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
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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 March 1, 1989 , by the
following vote:
AYES: COUNCILMEMBERS: CHILDS, DeM~INO. SMITH. RAT~; PI~$ON, McOERMOTT ~ALVAGGlO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEM~RS: NONE
ABSTAINING: COUNCILMEM~RS: NONE .~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED March 1. 1989
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. SAALFIE~D-- // ,,
CITY ATTORNEY of /the Cit~/of/Bakersfield
AJS/LCM/meg ~--~J
00RD 4
VENDORS1
2/03/89
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AF~xDAVIT OF POSTING DOCUMENTL-
STATE OF CALIFORNIA)
County of Kern)
SS.
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of
of Bakersfield; and that on the 14th day of March
posted on the Bulletin Board at City Hall, a full, true
the following: Ordinance No.
City Council at a meeting held on the
and entitled:
3209 , passed
1st day of March
thE! City
,, 1989 she
and correct copy of
by the Bakersiield
, 1989 ,
AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING
SECTION 12.44.035 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
FOOD VENDORS OPERATING PUSHCHART.
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield