HomeMy WebLinkAboutORD NO 3522O IN CE NO. 2
AN ORDINANCE REPEALING SECTION
12.44. 035 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO SIDEWALK
FOOD SALES AND ADDING CHA~£~ 5.45
TO ~ BAKERSFIELD MUNICIPAL CODE
RELATING TO SIDEWALK PUSHCART FOOD
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Section 12.44.035 of the Bakersfield Municipal
relating to sidewalk food sales is hereby repealed.
Code
Code
SECTION 2.
Chapter 5.45 is hereby added to the Bakersfield Municipal
to read as follows:
Chapter 5.45
SIDEWALK PUSHCART FOOD VENDORS
Sections:
5.45.010
5.45.020
5.45,030
5.45.040
5.45.050
5.45.060
Definitions.
Permit required.
Application - Issuance - Fee.
Regulations.
Revocation.
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 food vendor" means any person who engages
in a business of selling food and/or drinks on any city sidewalk
within the city, and 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.
C. "Pushcart" means a device moved exclusively by human
power. This definition specifically excludes a device by which any
person or property may be propelled, moved or drawn upon a highway.
5.45.020 Permit required.
It is unlawful for any person to operate as a sidewalk
pushcart food vendor on any city sidewalk in violation of this
chapter, or without having first procured and maintained a valid
permit from the city manager or his designee.
5.45.030 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 ten (10) days prior to commencement
of business, shall be signed under penalty of perjury by the
applicant and shall require the following information:
applicant;
The name, address and telephone number of the
business;
The name, address and telephone number of the
3. Prior and current permits held and whether such
permits were ever revoked or suspended and the reasons therefor;
4. If food sales are to be conducted from a
pushcart at a fixed location (stationary), the exact location where
the pushcart will be situated, shown on a plot plan, including the
locations of structures, utilities, fire hydrants, curb cuts and/or
driveways;
5. If food sales are to be
pushcart other than at a fixed location (mobile),
within which the pushcart will be operated;
conducted from a
the proposed area
business;
6. The business tax certificate number of the
7. Whether a health department permit for this
business has been issued.
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ORIG;~IAL
B. The application shall be accompanied by a written
approval from the owner of all established businesses, if any,
located within fifty feet in either direction and on the same side
of the street as the proposed fixed (stationary) location
(excepting parade permits).
C. If the application is not accompanied by the signed
approvals described in subsection B., above, the city manager or
his designee shall, within ten days of receipt of the application,
set a hearing upon the application. The city manager or his
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 owner of any such
business may respond as to the criteria set forth in subsections
E.4, through E.6. of this chapter. Within five business days of
the conclusion of the hearing, a written decision shall be mailed
to the applicant.
D. The application for a fixed location (stationary)
pushcart shall be accompanied by 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.
E. The city manager or his designee shall, in his
discretion, issue a permit if he finds:
1. The application is complete and truthful.
2. The fixed location of the pushcart (stationary)
is no less than one hundred fifty feet (150')from a hypothetical
line extending out to the public sidewalk from the outer edges of
the main entrance of any establishment within which food is sold to
the public. For any establishment having more than one entrance,
the city manager or his designee shall determine which entrance is
the main entrance to the establishment.
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ORIGINAL
3. The fixed location of the pushcart (stationary)
is no less than two hundred fifty feet (250'), measured in either
direction on the same side of the street, from a location specified
in a permit issued another stationary pushcart food vendor pursuant
to the provisions of this chapter.
4. The business for which the application is made
will be maintained and conducted in accordance with all local,
state and federal laws.
5. The operation of such business at such location
will not present any substantial hazard to vehicular or pedestrian
traffic.
6. The operation of such business will not create
an unreasonable hardship for any adjacent or neighboring
established business.
7. The applicant for a fixed location (stationary)
pushcart has obtained insurance as required under subsection D of
this section.
8. A valid business tax certificate has been
issued for this business.
9. A valid health department permit has been
issued for this business.
10. 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.
11. The applicant does not presently hold more than
one current permit issued pursuant to this chapter.
12. The total number of permits for fixed location
(stationary) pushcarts issued pursuant to this chapter does not
exceed the limits set forth in subsection I of this section.
F. All permits issued under this chapter shall remain
in effect until the following June 30, unless earlier revoked. All
applications for permit renewal under this chapter must be
submitted prior to June 16.
G. 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.
ORIG~N&L
H. Permits may be issued with conditions to ensure the
pushcart 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.
I. No permit shall be issued to any person operating a
fixed location (stationary) pushcart unless that person was issued
a permit the previous year for the same location. However, if fewer
than ten permit-holders hold current permits, permits may be issued
to persons unpermitted the previous year in the order in which
their applications are submitted. In no case, however, shall the
total number of permits issued to operators of fixed location
(stationary) pushcarts exceed 20. Priority as between applications
made the same day shall be determined by a drawing conducted by the
city manager or his designee. Should any person issued a permit
the previous year fail to apply for a permit renewal for the same
location prior to June 16, such person shall be treated as if he
had not been issued a permit the previous year.
J. Those sidewalk food vendors holding a valid permit
as of the effective date of this ordinance shall be permitted to
continue at the same location upon issuance of subsequent permits,
for so long as those permits are continuously held and renewed.
5.45.040 Requlations.
A. Except at parades or as permitted by section
10.56.080(B), the business of selling food and/or drinks on a city
sidewalk shall be made solely from pushcart devices as defined in
section 5.45.010 C.
B. Except as expressly permitted by and in accordance
with the provisions of Chapter 12.44 and section 10.56.080(B) of
this code, the sale, offer to sell, advertising or display of
merchandise on any street or sidewalk in the city is prohibited.
C. 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.
D. 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.
E. 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.
F. The permit-holder for a fixed location (stationary)
pushcart shall maintain the required insurance throughout the term
of the permit.
G. Food vending pushcarts shall not exceed eight feet
(8') in length, six feet (6') in width and five feet (5') in
height, measured from the ground.
H. No pushcarts shall be operated on any city sidewalk
on a street designated as a parade route during a parade. All
pushcarts operated during a parade which are subject to this
ordinance shall obtain a specific parade permit. Parade permits
shall be issued on a first come, first served basis, although prior
year parade permitholders shall be given priority if the
application is timely filed. Applications for parade permits shall
be accepted for the period of thirty (30) business days to ten (10)
business days prior to the parade date. If locations for a
stationary pushcart remain available seven (7) business days prior
to a parade, applications therefore shall be accepted until noon of
the business day prior to the parade without regard to the two-
permit-per-vendor restriction. 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 4 hours after the conclusion of the parade for
which the permit was issued.
I. No fixed location (stationary) pushcart food vendor
shall hold more than two valid permits issued pursuant to this
chapter at any one time.
J. No permit shall be issued for the operation of a
fixed location (stationary) pushcart in any residential district.
K. At all times during the operation of a fixed
location (stationary) pushcart, a minimum width of four (4) feet
of unobstructed sidewalk shall be maintained for pedestrian
traffic.
5.45.050 Revocation.
Any permit issued pursuant to this chapter may be
immediately revoked by the city manager whenever he finds:
A. Fraud, misrepresentation or false statement
contained in the application for the permit or made in the course
of carrying on the business regulated by this chapter; or
B. The applicant has been convicted of a crime
substantially related to the qualifications, functions or duties of
the business for which application is made, unless he has obtained
a certificate of rehabilitation; or
C. Any of the ~erms or conditions of this chapter have
been violated, or that the business has been operated in violation
of local, state or federal law.
5.45.060 Appeal.
A. Should any applicant be dissatisfied with the
decision of the city manager or his designee not to grant a permit
or for the revocation of 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, which decision shall be final and
conclusive.
B. Pending the hearing before the council, the decision
of the city manager or his designee 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.
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ORIGINAL
I }{EREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the~ty of Bakersfield at a regular
meeting thereof held on APR 2 $ , by the following vote:
ABSENT OOUNCILMEMEIER$: ~ o~
ABSTAIN COUNCILMEMBERS. ~-~
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
M~A:gp
0RDI~ANCE\PUSHCART &
3/31/93 (silage 5/3/93)
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ORIG;NAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
CAROL WILLIAMS, 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 3rd day of May, 1993
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3522 passed by the
Bakersfield City Council at a meeting held on the 28th day of
April, 1993, and entitled:
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield