HomeMy WebLinkAboutORD NO 3402 ORDINANCE NO. ~ 4 0 9.
AN ORDINANCE REPEALING SECTION
17.08.2160 AND ADDING CHAPTER 5.51 TO
THE BAKERSFIELD MUNICIPAL CODE
RELATIN~ TO T~PORARY PROMOTIONAL
ACTIVITIES.
BE IT ORDAI~ED by the Council of the City of
Bakersfield as followS:
SECTION 1.
Section 17.108.260 of the Bakersfield Municipal Code is
hereby repealed.
SECTION 2.
chapter 5.511 of the Bakersfield Municipal
hereby amended to reap as follows:
Chapter 5.51
Sections-
5.51.010
5.51.020
5.51.030
5.51.040
5.51.050
5.51.060
TEMPORARY PROMOTIONAL ACTIVITIES
Definitions.
Permit required.
Application - Issuance - Fee.
Regulations.
Revocation.
Appeal.
Code is
5.51.010 DefinitionsI.
Whenever used in this chapter, unless a different
meaning clearly appea~s from the context, the words set out in
this section shall have the following meanings:
A. "Person
corporation or associ
B. "Tempor
entirely independentl
foundation in accorda
of this code.
ary business" means any business conducted
from a structure upon a permanent
nce with the requirements of Chapter 15.12
C. "Temporary promotional activities" means any
temporary business of selling pumpkins, Christmas trees. It also
means any temporary business offering small-scale entertainment
on any property within the city. "Temporary promotional
activities" 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, any farmers' market
certified by the Kern County agricultural commissioner, any
seller of fireworks, any food vendor operating a pushcart on a
sidewalk as permitted in Chapter 5.45 of this title, or any
occasional sales of beverages or foodstuffs by persons under the
age of fifteen years adjacent to the residence of the person
involved in such sales.
5.51.020 Permit required.
A. It is unlawful for any person to operate, maintain
or conduct any temporary promotional activities in the city in
violation of this chapter, or without having first procured and
maintained a valid permit from the city manager or his designee.
B. No person shall be relieved from compliance with
the provisions of this chapter merely by reason of association
temporarily with any local dealer, trader, merchant or
auctioneer, or by conducting such temporary promotional
activities in connection with, as a part of, or in the name of
any local dealer, trader, merchant or auctioneer.
5.51.030 Application - Issuance - Fee.
A. Applications for permits under this section shall
be made on forms to be furnished by the city manager or his
designee, shall be submitted no less than fourteen days prior to
commencement of the activity, shall be signed under penalty of
perjury by the applicant and 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 and social
security number of the applicant and of the persons having the
management or supervision of applicant's activity during the time
that it is proposed to be carried on in the city;
2. Prior permits held and whether such permits
were ever revoked or suspended and the reasons therefor;
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3. The name, location and description of the type
of the activity, and the length of time during which it is
proposed that such activity shall be conducted; and
4. The business tax certificate number of the
business operating the activity.
B. The application shall be accompanied by the
following documents:
1. A plot plan drawn to scale, showing the
location of utilities, improved parking areas, location of
permanent and temporary structures, curb cuts and/or driveways
and identifying the nearest available source of potable water,
sanitary facilities, and fire hydrants.
2. A written authorization from the owner of the
location or person in lawful possession thereof, if other than
the applicant, for the locating of the activity upon his or her
property.
3. Cash bond in the sum of two hundred dollars, to
be forfeited to the city in the event the permittee fails to
remove all merchandise, equipment and rubbish from the premises
upon which the activity is located before noon three days after
the expiration date of the permit. The cash bond shall be
returned to the applicant upon full performance of the
requirements of this chapter.
4. Evidence, satisfactory to the city manager 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.
C. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. That the application is complete and truthful;
2. The activity for which the application is made
will be maintained and conducted in accordance with all laws of
the city and the state.
3. That operation of such activity at such
location will not present any substantial hazard to vehicular or
pedestrian traffic.
4. That parking adequate for the purposes of the
activity exists at the proposed location. The provisions of
Chapter 17.58 of this Code may be waived if it is determined by
the planning director that parking will be adequate during the
period in which the temporary promotional activities will take
place.
5. That a valid business tax certificate has been
issued for this business.
6. That the applicant has not had a permit, issued
under this section, revoked, unless the city manager finds that
the reasons for such revocation are unrelated to this
application.
7. That the applicant has obtained insurance as
required under section 5.51.030(B)(4) of this chapter.
D. The city manager or his designee shall, in his
discretion, determine the dates during which the permit shall be
valid, not to exceed five weeks. Such dates shall be listed on
the permit.
E. All permits issued under this chapter shall be
valid only as to the dates and times listed on the permit, unless
a prior date is specified, or unless earlier suspended or
revoked.
F. 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.
G. Permits may be issued with conditions to ensure
that the business 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.
5.51.040 Regulations.
A. No permitholder 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
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volume is emitted or produced therefrom capable of being plainly
heard upon the streets, alleys, parks or other public places.
B. Any permit issued pursuant to this chapter shall be
non-transferrable, and shall be valid only as to the applicant
and location provided on the application for such permit.
C. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 of this code, the sale,
offer to sell, advertising or display of merchandise on any
street or sidewalk in the city is prohibited.
D. Promotional activities shall be permitted only in a
C-1 zoning district or a zoning district less restrictive than
C-l, unless located upon property owned and occupied by a church
and/or school, which church or school is either a legal or legal
nonconforming use of such property, and the promotional activity
is located no less than three hundred feet (300') from the
property line of any residence, or unless a conditional use
permit has been granted by the Bakersfield Board of Zoning
Adjustment.
E. If a toilet is not immediately available during all
open or sale hours of the temporary promotional activities, then
an approved chemical one must be provided.
F. All permits must be posted in a conspicuous place.
G. The permittee shall strictly comply with all state
and local law, including, but not limited to, electrical,
plumbing and building codes, and shall obtain the necessary
permits for work to be done.
H. All merchandise and equipment must be removed from
the temporary location by noon three days after the date the
permit expires, and all accompanying litter shall be cleared from
said location on or before said time.
5.51.050 Revocation.
Any permit issued pursuant to this chapter shall be
immediately revoked by the city manager whenever he finds:
A. That misrepresentations were made on the
application; or
B. That
have been violated,
violation of local,
any of the terms or conditions of said permit
or that the business has been operated in
state or federal law.
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5.51.060 ApDeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a
permit or to revoke 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 council setting forth the grounds for
dissatisfaction, whereupon the council shall hear said objections
at a regular meeting no later than three weeks following the
filing of the objection with the city clerk. The applicant shall
be given written notice no less than three days prior to said
hearing. The council may, upon said hearing, sustain, suspend or
overrule the decision of the city manager or his designee, which
decision shall be final and conclusive.
B. Pending the hearing before the council, the
decision of the city manager shall remain in full force and
effect and any reversal thereof by the city council shall not be
retroactive but shall take effect as of the date of the council's
decision.
SECTION 3.
This Ordinance shall be posted in accordance with the
Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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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 0el - 2 ~991 , by the
following vote:
AYES: COUNCIJ_MEMSERS: EDWAR.D~, DeMOND, SMITH, BRUNNI, PETERSON. McDERMOTt, SALVAGSIO
NOES: COUNCILMEMBERS:
A~gENT COUNCILMEMBERS: /~0~
ASGTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT - 2 1991
CLARENCE E. MEDDF~S
MAYOR of the City of Bakersfield
APPROVED as to form:
/,
LAWRENCE M. LUNARDINI /j ~
CITY ATTORNEY of the City ~f~Bakersfield
LCM/meg
BUS-ORD\
PROMO.O-4
9/25/91
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS, Being duly sworn,
That she is the duly appointed,
of Bakersfield; and that on the
posted on the Bulletin Board at
the following:
City Council at
and entitled:
Ordinance
a meeting held on the
deposes and says:
acting and qualified City
8th day of October
City Hall, a
No. 3402
2nd
Clerk of the City
, 19 91 she
full, true and correct copy of
passed by the Bakersfield
day of October 19 91,
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
DEPUTY City Clerk