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HomeMy WebLinkAboutORD NO 3806ORDINANCE NO. R R 0 6 AN ORDINANCE AMENDING CHAPTER 5.56 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TRANSIENT OUTDOOR BUSINESSES. as follows: Sections: BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 5.56 of the Bakersfield Municipal Code is hereby amended to read Chapter 5.56 TRANSIENT OUTDOOR BUSINESSES 5.56.010 5.56.020 5.56.030 5.56.040 5.56.050 5.56.060 Definitions. Permit required. Application -- Issuance -- Fee. Regulations. Revocation. Appeal. 5.56.010 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. "Transient outdoor business" means any person who engages in a temporary business of selling goods, wares and/or merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any property within the city. "Transient outdoor business" 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, promotional activities as set forth in Chapter 5.51 of this title, or any occasional sales of non-alcoholic beverages or foodstuffs by persons under the age of eighteen years adjacent to the residence of the person involved in such sales. ORIGINAL B. "Temporary business" means any business conducted entirely independently from a structure upon a permanent foundation in accordance with the requirements of Chapter 15.12 of this code. C. "Person" means any individual, partnership, corporation or association of any nature whatsoever. 5.56.020 Permit required. A. It is unlawful for any person to operate, maintain or conduct a transient outdoor business in the city in violation of this chapter, or without having a valid permit therefor in accordance with the provisions of this chapter. 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 transient outdoor business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. 5.56.030 Application -- Issuance -- Fee. A. Applications for permits under this section shall be made on forms furnished by the city manager or his designee, shall be submitted no less than thirty days prior to commencement of business, 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, social security number and arrest record, if any, of the owner and any manager of applicant's business 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; 3. The name, location and description of the type of the business, and the length of time during which it is proposed that such business shall be conducted; and 4. The business tax certificate number of the business, and the expiration date of such certificate. B. The application shall be accompanied by the following documents: -- Page 2 of 7 Pages -- ORIGINAL 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 business upon his or her property. C. The city manager or his designee may, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful; 2. That neither the owner nor any manager of the business 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. 3. That neither the owner nor any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The business for which the application is made will be maintained and conducted in accordance with all federal, state and local laws. 5. That operation of such business at such location will not present any substantial hazard to vehicular or pedestrian traffic. 6. That the location of such business is the site of another operating business as to which the transient outdoor business would be secondary. 7. That paved parking adequate for the purposes of the business exists at the proposed location. 8. That a valid business tax certificate has been issued for this business and will be in effect during the entire effective period of the permit to be issued pursuant to this chapter. 9. That no permit issued to the same business or the same owner pursuant to this section has been revoked in the past three years, unless the city manager or his designee finds that the reasons for such revocation are unrelated to this application. -- Page 3 of 7 Pages -- ORIGINAL 10. That the zone in which the activity is proposed is appropriate, as set forth in Subsection D of Section 5.56.040. D. All permits issued under this chapter shall remain in effect for ninety days after the date of issuance, unless a prior date is specified, or unless earlier suspended or revoked. E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as authorized in Chapter 370; provided, however, that the fee requirements of this chapter shall not apply to fund-raising activities by schools and by bona fide charitable, fraternal, civic and social institutions. F. 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. 5.56.040 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 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. Transient outdoor businesses shall be permitted only in a C-1 zoning district or a zoning district less restrictive than C-1, 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. -- Page 4 of 7 Pages -- o,qlGINAL c~ 5.56.050 Revocation. Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or his designee whenever he finds: A. That misrepresentations were made on the application; or B. That the owner or any manager of the business 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. That the owner or any manager of the business has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another; or D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. E. That the business is interfering with the peace and quiet of the neighborhood. F. That the safety of persons or property requires such revocation. 5.56.060 A=~eal. A. Should any applicant be dissatisfied with the decision of the city manager or his designee not to grant a permit or revoking 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 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. --Page 5 of 7 Pages-- ORIGINAL SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... -- Page 6 of 7 Pages -- OR~GtNAL 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 NOV~ ,5 lq.q7 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCiLMEMBER COUNCILMEMBER CITY CLERK and Ex Off'~)b Clerk of the Council of the City of Bakersfield APPROVED: I~OV 5 1997 BOB PRICE, MAYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITY ATTORNEY ' ~LA~'~RA C. MARINO / By' ,~.,t,,~.~ ('~. /'/"~. Assistant City Attorney LCM:bsb S:~:OUNClL~ORD\TOB,ORD--OCtober 14, 1997 -- Page 7 of 7 Pages -- ORIGINAl AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) COUNTY OF KERN ) PAMELA A. McCARTHY, 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 6th day of November, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3806, passed by the Bakersfield City Council at a meeting held on the 5th day of November, 1997, and entitled: Ordinance amending Chapter 5.56 of the Bakersfield Municipal Code relating to transient outdoor businesses. Is/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk ORIGINAL