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HomeMy WebLinkAboutORD NO 125 ORDINANCE NO. / ""' 'AN ORDINANCE ESTABLISHING A.'MUNICIPAL'~ DEFINING THE DUTIES AND' FIXING 5IE COMPENSA ·... · -.~L~:~. :..-.~?'...' _ BE IT 0RDAINED BY THE COUNCIL OF'·THE CITY OF BAKERSFIeLD, as follows': SECTION 1. ~ " There shall be appointed by the Oity Council of the City of B~ersfield a "Board of Market Trustees", which board of .I Market· Trustees shall consist of three (3) members, one member shall be appointed from each of the following organizations, The Bakers- field Realty Board, the Civic Commercial Association and the Boosters Club of East Bakersfield~ or from any organization as the City Council may desire. SECTION· 2. .. Said Council shall have the authority at any time to remove any or all trustees so appointed and shall have 'the authority to appoint new trustees to fill the vacancy thus created, and in place of those trustees whose term of office has e~pired. SECTION 3. .. There is hereby created a municipal market an~.'it shall consist of Division I and Division' II. Division I shall be located along the curb of the south and west sides 8f the Bake~'~field City Hall. Division II shall be located on the south side of'Jackson Street between Baker and King Streets. SECTION 4. " '~ ............ ~ "- Division I Of the MUnicipal M~rk~"'~al~"'~p:~O'~"~si_ ness from seven (V} o'clock A.M. to 12 o'clock M. on every Tuesday, ~hursday and Saturday. Division II of the Municipal Market shall be open for business from sevsn o~clock A.M. to 12 o'clock M. on every Monday, Wednesday and Friday. -1- · . ' . .. ....... . ....~..~ .....~..,'.... . holiday order said divisions or either of them to be open for busi- ness on the preceeding day, provided said divisions or-.either of.¢·them .,. ~.~.'~,..~.~.. shall not be opened on Sunday, on the first day 'of ~anuary, the 30th '... day of May, the 4th day of July, the fi-rst Monday in Septembe.r~ the last Thurdday in November or the 25th day of December. " SECTION.~. The public convenience and necessity requiring, the office of Market Master is hereby created; the market master shall be nomina- ted by the Board of Trustees and confirmed by a·majorit~ vote of the City Council and he shall hold office for a period Of two years, and until a successor shall be appointed an~ qualified, and may be removed at any time by a majority vote of·the Oity Gouncil of the City of Bakersfield. The Market Master shall execute a bo.nd·t~ the city of Bakers- field, in the Sum of five hundred ($800.00) dollars for the faithful PerformanCe of the duties of the office'of market master. SECTION 6. " The Market Master shall, under thej'~irection of the Board.· of Trustees have supervision and control of"t~e municipal market,' shall receive applications, isSUe and revoke permits, collect revenues .. and p'erfon~ such other duties as may be required by ordinance, ~ by'resolution of the Council of the"City of Bakersfield. SECTION V. ~e Market Master shall keep all books, forms, receipts, records and other memoranda, as shall be prescribed·by said Board of Trustees under the supervision of said CoUn'~il. ~e City Council reserves the righ~ to inspect ~l books of account and'other Records kept. by said Market 'Master, without·'·· notice. 'It shall ~'~urther be the duty of sai.d Market Master,.·. .... -..~ :..~ .....~ ;,.whSnever required to do so by said City. Council to cause said accounts to be audited and balanced. -2- . -...-....?.......'..' ...... SECTION 8. book accounts~ .and all monies received and paid out by ·either divi~ sion shall be and it is the duty of ·said Market Master to keep Said accounts separate and apart from· one another. In the event that the receipts'of either division do not· equal the cost of operating such division, then in that event that division·shall be ordered by a majority of said City Council to he c~osed·until such time as the City Council may deem ~·est. SECTION 9. ~e compensation of the Market Master shall be fixed by resolution of the'~ity Council in a s'.Um not to exceed one hundred ($100.00) dollars per month; provided, that, 'in no event, shall the compensation of the Market Master during any calendar month exceed the difference between the.~evenues and expenses of the municipal market and the enterprises incident thereto for one.calendar month. · Each division o . e ~enever it shall appear necessary, the Board of Trustees · may employe such help as the Market Naster may require for the proper. operation of said market. The compensation. for .said employee or employees shall be paid as incidental 'expenses'as hereinbefore prescribed. ~ECTION 10. The Market Master shall divide the space covered by said municipal market along the curb lines into spaces or'stalls and shall mark and number each space consecutively. Said spaces or'stalls being indicated by 'painting on saidpavement a line three (S) inches wide, ·and of uniform length, not iess than twelve (12) feet long, extending from the curb at an angle of forty-five (~8o) degrees~ such. lines to be eight (8) feet apart (inside measurement). A line shall be painted on said.pavement in said market which shall. ........... run-parallel to said curb, and sh~ll not exceed t~enty(20)" feet,/'/~h~re, from. No person, as principal, agent, employee or otherwise, conducting business at the municipal market shall place any good~, wares or merchandise, on any stand, table or other equipment, or · 'any automobile, wagon, or other vehicle, or any par_t · the~.=eo.$;-.=...'.:.:...:-'/:'. ~:::::.:~,~f:-.-'.. · . '.': '. ~ '~ "'~ '.". '. ~.":~ ~'~.' ."' -.' ;- ='.: o... '-.' ::~.~..:,~7~.'-.:,.;::~.:~,}:; ...-' :~'~";'-.~*"C~:~.{,~r/',"::;~}?:~?:'.:.:';:~}?'~'~,~:'.~:..'''' """' outside the space alloted for such business. " The x~arket Master' shall allot spaces , "'or portions spaces to vendors holding permits as herein.provided for; and no ven- dor shall· occupy more' than one ppace nor more than one location 'at the municipal market, nor any space or lo'cation not previously alloted to such vendor by the market master; and, if any space is not occupied by the vendor to whom the'same has been alloted by eight (8) o'clock'. A.M., on any market day, such vendor shall for- felt the right to '·use such space for such market day, and the same may thereafter be alloted to any other vendor for such market day; and the price paid by such forfeiting vendor shall. be. forfeited to the City'of BakerKfield. .. SECTION 12.. .. ' EaCh vendor shall not have more than one helper ~t the .. municipal market. ""' SECTION 13. Vendors shall not sell or distribute any commodit~ to any other vendor at the municipal market. SECTION 14. ~.. No vendor shall sell or offer for sale at such. municipal market.any commodity whibh is not wholesome, clean and sanitary. SECTION 18. Vendors shall~not use scales, weights or measures which 'do not accurately conform to the standard of w~ights and measures of the 'State of California. SECTION 16. Vendors shall keep a~l socked food~ .game, relished and dairy products in inclosed receptacles with solid coverings sufficient to effectively p~otect the contents.thereof from dust, dirt and other foreign matter. SECTION 17. _..._. ........ All commodities .sold-or--offered.for-sale at the 'municipal market shall be kept not less than eighteen inches above the surface of the street. SECTION' 18. N8 person, as principal, agent, employee or otherwise, shall distribute handbills, advertising matter,.or literature of any kind at the .municipal market. . "' SECTION 19. No person, as principal, agent, employee or otherwise, shall combine with any other person, firm or corporation, or any persons, firms or corporations to ~ix or attempt to fix, or to regu- late or attempt tO regulate, the price or prices of any commodity or commodities, at the municipal market. SECTION 20. The horses and mules of all vendors shall .be removed by such vendors from the municipal market before seven'thirty o'clock A. M. on each market day, and shall not be returned to the municipal" market before the closing of the same; and vendors shall not keep any horses ormules within the vicinity.of the municipal market during the hours the same is open for business. SECTION 21. Vendors shall not acquire new stock or replenish their stock of commodities at the municipal markst .nor on'.any ~reets along which the municipal market. is, or may. be located, aft. er eight thirty o'clock A. M., of any market day. · SECTION 22. Vendors shall conduct their business at ~he.municipal. market in an orderly and quiet manner and shall not solicit trade ' in" in an offensive manner nor by hawEIng or 4piel g in a loud voice. .SECTION 23. Each vendor, to whom space is alloted, s.hall keep such space' clean and sanitary; shall provide a receptacle sufficient to securely hold all of the rubbish and refuse of such vendor and shali place all such rubbish and refuse in such receptacle; and shall, within fifteen minutes after the close of the municipal market~ or after vacating such space, remove such receptacle and all rubbish,' refuse, goods, wares, merchandise, commodities and all other articles, ....... ~lac~'~here'by 'su6b vendor~ or ~at may'have a~cumulated ~p-on" such space during the conduct of the municipal market. SECTION 2~. No vendor shall sell or.offer for sale'any commodity at the municipal market after the time herein fixed for the closing of the business of the municipal market'. ,,5- '. ' · . ' '. 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SECTION 24.~ ~ The following named commodities, and no others unless specifically authorized by resolution of the City Council of the City of Bakersfield, shall be sold or offered ~or sale at the municipal market, and the following. sbhBdule of fees shall be charged· to vendors. for the use of each space at the municipal market for each business day: For the sale of vegeta~les~..'fruits, eggs', poultry, game, dairy pro~ct's, flowers, plants, Jams, preserves, honey Jellies" and'relishes and meats the sum of twenty-five (.25) cents; For the sale of home cooked foods,. bread and pastry, the sum of twenty-five (.25) cents; FOr the conducting of lunch stands' which shall only be permitted to serve sandwiches, coffee, tea or other hot drinks the sum of twenty-five (.25) cents; For the sale of ice cream, milk, cider and similar refresh, ments, the sum of twenty-five (.25) cents; -. For the sal of articles of handicraft (home products), the sum of twenty-five (.25) cents. The Board of Trustees may if necessary increase the above mentioned fees. from'time to time so that the fund created shall meet the total expense of conducting.the market,· provided that in no case shall the fee be more than fifty (.50) cents. SECTION No license, tax, fee or other charge other than the fees provided for in this ordinance, shall be charged or collected from an~ person, firm'or corporation for vending at the municipal market commodities produced or manufactured by such person~ firm or corpora- tion; and every'person, firm or corporation selling a~y comm6dity·.. not' ~daa~Sed or manufactured b~ such p'~rs. on,°"f~m ~r' 'corporatiS'n shall pay to ~he City of B~ersfield, the license fee aS provided in Ordinance No~ 92 New Series, which shall ·be· paid in addition to the fee. exacted by this ordinance; and every person, firm ..or·-cot- potation required by this ordinance to obtain a license, shall .keep such license at the place of business ~ondUcted there.under,. during· all' ~of the time such business is so ~co~ducted and shall exhibit the' same to thee market master or other' cit~ official when requested so to do. SEOTiON'28. · N~ person, as principal, agent, employee or otherwise, eVaall, at the municipal market, sell, or offer for sale, or solicit orders for the sale of, any commodity not herein-authorized .to .be sold at the municipal market. SECTION 27. .' No person, as principal·, agent, emplOyee. or otherwise, shall occuLpy or attempt to occupy, any space, or to carry 0n or attpmpt to carry On any business at the. municipal market wt.thou having first obtained a permit so to do in the manner heroin provided. SECTION 28. .Permits for conducting business at the municipal market·. shall be granted by the market master upon application therefor by' any person, firm or corporation desiring to conduct business at municipal market; such application shall be made in writing and shall sta~e the mame and address of the applicant, a statement of. the kind, or kinds, of commoditiexs desired to be sold at the municipal market, a statement of the place, giving street number or other address,· where such commodity is produced, manufactured or purchased,. and a statement of the time when such applicant desires to use such permit; every such application shall be accompanied with sufficient money to pay the market fees for the time requested in the appIication; if the application is in accordance with the provisions of this ordinance and the business proposed to be c6nducted at the municipal 'market i~· snthorized by this ordinance, the market master shall issue a permit to such applicant; provided, however,.that the.market .... master. may revoke and caneel any permit to do business'at the ~uni-' cipal market upon the violation of the provisions of this ordinance by the holder of any permit, or for any misrepresentation in the application of such vendor for a permit, and notice of such revocation-and sancollation shall be given verbally or ln writing to such vendor and after such notice shall 'be given it s~al~'~be...'~.'L.=li.~.~=!-== unlawful for .the ·person, firm or corporation, whose permit has....be~_. :.~.~i~ revoked or cancelled, to carry on, or offer to carry·on, any bUsin~:&~ .j~""'~ at the municipal market; and provided further, that the market """" master may refuse to issue a second permit to 'any person, firm or · Corporation whose permit. shall have been previously revoked or can- celled. S CT ON SSl SECTION 32. If any section, subsection, sentence, cl.ause or phrase of this ordinance is for amy reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of .~ .this ordinance. The City 0ouncil hereby declares that i~ wou'ld'h'gVe pasL~d ~his ordinance rod' each section and subsection thereof irrespective. of the fact that ~y .One or more of the sectionm~ subs~ctionS,..sentences, clauses or .phrases b'S' d~clared unc.onstitn~iona1 or invalid." Every' vendor, person, firm, corporation, as princiDal~ agent ." singular. SECTION 29. A municipal fund is hereby c~eated, and the Market Master shall, at least once each week, pay to the Treasurer of the ~ity of Bakersfield all fees, revenues an~ funds collected on account of such municipal market during the preceeding ~eek and take receipts therefor; and all moneys ~hus collected shall' be placed in the municipal market fund and no transfer shall be made to any other fund from the. municipal market fund; md all expenses incident to the conducting. of the municipal market shall be paid out of the municipal market fund and' from no other fund. ·= SECTION.SO. No person shall stop,."park or stand any vehicle within 'fifty feet of the end lines of said market. SECTION· S1. Y~e wor~s '~endor" and "vendors"~ as the same are used in this ordinance, are hereby defined to mean and include persons, firms or corporations, helpers, officers, agents and employees doing busi".·L ness at the municipal market; and'when used in the psingular shall' ~.· · - include ·the plural, and when used in the plural shall apply' to' the" employee, or otherwise, violating any of the provisions of ordinance, or failing to comply ·with any of the requirements .ther'e~ 'of, shall be deemed guilty of a misdemeanor; .and upon conviction. there-- of, shall be punished by a fine not exceeding three ~undred ($300.00) dollars or by imprisonment'in the County Jail for not more than six months or by both such fine and imprisonment. SECTION 34. Said Board of Market'Trustees shall hold office ~or a. term of two (2)·years and until their'successors shall'have been appointed. !K"ne Board of Market T~ustees shall meet at least once' a month,'at such time and place, as they may fix by resolution. They shall select one of their number as president and another as secretary, and each shall serve for one year and until.their successors are appointed; in case of their absence, the members of the 'Board shall select a president and secretary pro tem, as the case may be. Special meeting may· be called at any time by the president or two members of the board at least three hours before the time specified for the proposed meeting. Two members of the board shall'constitute a quorum. 'The Board shall cause a proper record to be kept. of its proceedings.. SECTION In the event that any of said members of the Baord of Trus- tees or if sal'd market master be removed by said City Council, said action on the part of the City Council shall be conclusive and not subject to review by any board, tribunal Or court. Yhe said City Council may at any time by resolution prescribe r'ules and 'regulations for the conducting of said markets and any suCi~ rules or regulations so prescribed or .any direction ....... '. .giv~n.~b.~_the City .Council shall 'be Carried-ou~,..-~k~,~f~i~e~l~a~,~..,o~e~ed ...... · by the said trustees or market master. SECTION S6. No liability, expenses or indebtness shall be incurred, contracted or made by the trustees or market master in excess of 'the". money on. deposit with said City Treasurer' and to the"credit market ·fund~ nor shall any !. indeb~n~'.e=~S '.contracted -0~ . ~ ... :...~...' ....: ;".-. . . · '. :':"'. '. .. .~;.,,~. :~.'....:~{~ ......~:~, .....: -.,-....,.~..~, · ' All o~n~nces ~nd pa~ts o~.o~ i. ce~,.. .~ ..... . . .. ..- .......{, ......... . .......~ ~th ~re hereby expressly ~epe~led., """'::~ · ...:- .-... I HEEBY CERTIFY THAT the fo~oin~ ..~din~nce ~as p~ssed ,. ~nd ~dopted. by the Co~cil of the .~'ity of B~ke-~s,~*~d, on the/~.' · . .".,/~;;~;':....-. '~ ·.~ · .....,'