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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: k 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 Whether any prior permit has been revoked; If the pushcart is to be stationary, the exact location where the pushcart will be situated; 6.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; - 2 - 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. .......... o0o .......... 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 - 4 - 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