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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 Section 17.108.260 of the Bakersfield Municipal Code is hereby repealed.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; - 2 - 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 - 4 - 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. - 5 - 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 .......... - 6 - 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 - 7 - 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