HomeMy WebLinkAboutORD NO 4216ORDINANCE NO. 4 ~ I 6
AN ORDINANCE OF THE CITY TO BAKERSFIELD A
AMENDING CHAPTER 5.56 TO THE BAKERSFIELD
MUNICIPAL CODE RELATED TO TRANSIENT OUTDOOR
BUSINESSES.
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 as follows:
5.56.030 Application.
A. Completed applications for permits under this section shall be made on forms
approved by the finance director or designee, shall be submitted no less than thirty days
prior to commencement of the transient outdoor business, and shall be signed under
penalty of perjury by the applicant. The permit application form 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 business owner and any operator of applicant's
business during the life of the permit;
2. Pdor permits held and whether such permits were ever revoked or suspended and
the reasons therefor;
3. The name and description of the type of the transient outdoor business, a description
of the site on the property, the anticipated commencement date, and the length of time
during which such business shall be conducted;
4. A current, valid, number and expiration date of a city of Bakersfield business tax
certificate for the transient outdoor business;
5. Except when the city is the property owner or lessee, a written authorization signed
and dated by the current property owner, lessee, or manager, if other than the applicant,
for the locating of the transient outdoor business upon such owner's, lessee's or
manager's property. The application form shall additionally require the property owner,
lessee or manager to state:
a. A definite commencement date for entry not older than ninety days from the date of
the authorization, such commencement date expressed as a single day of a single
month of a single year,
b. A definite termination date for entry expressed as a single day of a single month of a
single year not more than ninety-five consecutive days after the commencement date in
the instance of a temporary business or one hundred eighty-five consecutive days after
the commencement date in the instance of a seasonal outdoor business,
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c. An automatic termination upon any transfer or assignment of interest in the property
from the authorizing property owner, or lessee, or upon any change of the authorizing
manager,
d. A representation that the authorizing property owner, lessee or manager has not
issued any other authorizations for the same property for the same dates or overlapping
dates of commencement or termination.
B. The applicant shall attach to the application for permit 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.
C. The applicant shall deliver with the completed application form the appropriate fee.
D. An application for a transient outdoor business permit submitted without complete
responses required by the form or the attachments described in this section shall be
deemed incomplete and denied.
E. In lieu of completing the part of the application form responsive to subsection (A)(5)
of this section requirements, applicant may submit a copy of a multi-year lease or
license signed by the property owner, manager or lessee authorizing entry to the
described site to the applicant if the lease or license also sets forth:
1. A definite commencement date expressed as a single day of a single month of a
single year;
2. A definite termination date expressed as a single day of a single month of a single
year.
5.56.031 Issuance.
A. The finance director or designee shall issue a permit if it is determined:
1. That the application is complete and truthful;
2. That the permit application form, or written lease or license submitted pursuant to
Section 5.56.030(E), completely complies with the requirements of Section 5.56.030;
3. That neither the business owner nor any operator of the transient outdoor 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;
4. That neither the business owner nor any operator of the transient outdoor business
has done any act involving dishonesty, fraud or deceit with the intent to substantially
benefit himself or herself or another, or substantially injure another;
5. That operation of the proposed transient outdoor business at such location will not
present any substantial hazard to vehicular or pedestrian traffic;
6. That the location of the transient outdoor business is on the site of another operating
business as to which the transient outdoor business would be secondary in purpose;
7. That paved parking adequate for the purposes of the transient outdoor business
exists at the proposed site on the property;
8. That a valid business tax certificate has been issued for this transient outdoor
business and will be in effect during the entire life of the permit to be issued pursuant to
this chapter;
9. That no permit issued to the same transient outdoor business or the same business
owner pursuant to this section has been revoked in the past three years, unless the
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ORIGINAL
finance director or designee finds that the reasons for such revocation are unrelated to
this application;
10. That the zone in which the transient outdoor business is proposed is appropriate, as
set forth in subsection E of Section 5.56.040;
11. That no more than one permit per site on the property per date exists;
12. That the appropriate fee has been paid.
13. That the entire business shall be contained and conducted within an area not to
exceed four hundred square feet.
B. The finance director or designee shall issue a transient outdoor business permit:
1. To a temporary business for the length of time requested in the application form not
to exceed ninety-one consecutive days. The finance director or designee may issue a
permit for a shorter period to mitigate impacts to vehicular or pedestrian traffic or
parking space;
2. To a seasonal outdoor business for the length of time requested in the application
form not to exceed one hundred eighty-one consecutive days. The finance director or
designee may issue a permit for a shorter period to mitigate impacts to vehicular or
pedestrian traffic or parking space.
C. The finance director or designee shall enter the expiration date of the permit on the
permit.
D. The finance director or designee may issue permits 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.
E. If all the requirements established in this section are not fulfilled, the finance director
or designee shall deny the permit. The city shall mail notice of such denial to the
business owner at the address stated on the application for the permit.
5.56.040 Regulations.
A. 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.
B. Any permit issued pursuant to this chapter shall be nontransferable, and shall be
valid only for the following:
1. For the applicant identified on such permit;
2. For the site on the property identified on such permit;
3. Until the eadiest occurrence among the following events: the lapse of the expiration
date stated on the permit; the termination of the authorization required in subsection
(A)(5)(b) of Section 5.56.030; the lapse of the maximum consecutive days allowed by
this chapter after the date of issuance of the permit; any transfer or assignment of
interest by the property owner or lessee or change of manager; or revocation of the
permit pursuant to Section 5.56.050.
C. The business owner shall inform the finance director or designee of any transfer of
ownership or assignment of interest of the property, or any change of manager. Failure
to so notify the city shall automatically terminate the permit.
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ORIGINAL
D. Except as expressly permitted by and in accordance with the provisions of Chapter
12.44 of this code, the selling, offering to sell, advertising or displaying of merchandise
on any street or sidewalk in the city is prohibited.
E. Transient outdoor businesses shall be permitted only in a C-2 zoning district or a
zoning district less restrictive than C-2, 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 transient outdoor business is located no
less than three hundred feet from the property line of any residence.
G. The business owner shall comply with all state and federal laws, and local
ordinances.
H. The business owner shall not conduct any business on landscaped areas.
I. The business owner shall not display any products for sale or advertisement on
fences, walls, trees, signs, or any other permanent structure on the property.
J. The business owner shall provide waste receptacles for the business customers' use.
5.56.050 Revocation.
Any permit issued pursuant to this chapter may be immediately revoked by the finance
director or designee whenever it is determined:
A. That misrepresentations were made on the application; or
B. That the business owner or any manager of the transient outdoor business has been
convicted of a crime substantially related to the qualifications, functions or duties of the
transient outdoor business for which application is made, unless he has obtained a
certificate of rehabilitation; or
C. That the business owner or any manager of the transient outdoor 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 the permit or regulations under this chapter
have been violated, or that the transient outdoor business has been operated in
violation of local ordinance, state or federal law; or
E. That the transient outdoor business is interfering with the peace and quiet of the
neighborhood; or
F. That the safety of persons or real or personal property requires such revocation; or
G. That due to circumstances changing during the life of the permit, one or more of the
conditions for issuance of a permit under Section 5.56.031, is not being satisfied; or
H. That the property owner, or lessee transferred or assigned his, her or its interest in
the property or the manager has been changed or the finance director or designee
receives notification thereof; or
I. That the business owner, after learning of a transfer or assignment of an interest in
the property or a change of manager failed to notify the finance director or designee
within two days of learning of the transfer, assignment or change.
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ORIGINAL
5.56.060 Appeal.
A. Should any business owner be dissatisfied with any of the conditions attached to the
issuance of a permit, or the decision of the finance director or designee to deny or
revoke a permit then said business owner may, no later than ten days after notice of
such decision is deposited in the United States mail, addressed to the business owner
at the address provided on the application, make written objection to the city manager
setting forth the grounds for dissatisfaction, whereupon the city manager shall hear such
objections at a scheduled hearing. The business owner shall be given written notice no
less than three days prior to such hearing. The city manager may, upon such hearing,
sustain, suspend or overrule the decision of the finance director or designee, which
decision shall be final and conclusive.
B. Pending the hearing before the city manager, the decision of the finance director or
designee shall remain in full force and effect and any reversal thereof by the city
manager shall not be retroactive but shall take effect as of the date of the city
manager's decision.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and~a~°Ete"d J;~4- voz. uu
the Council of the City of Bakersfield at a regular meeting thereof held on v~, I
by the following vote:
ABSTAIN:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~ !(~ ~.l~qr~ ~
CITY CLERK and EX OFI~ICIO of the
Council of the City of Bakersfield
APPROVED:
OCT 0 $ 2004
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
ROBE~'~M. S~~'~
Deputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
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 October, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4216, passed by the
6th day of October, 2004 and
Bakersfield City Council at a meeting held on the
entitled:
AN ORDINANCE OF THE CITY TO BAKERSFIELD A
AMENDING CHAPTER 5.56 TO THE BAKERSFIELD
MUNICIPAL CODE RELATED TO TRANSIENT
OUTDOOR BUSINESSES.
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
~i:)EPUTY ll~ity Clerk
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