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HomeMy WebLinkAboutORD NO 252AN ORDINANCE ESTABLISItiNG A ML~'ICIPAL MARKET..,. PROVIDING FOR ITS LOCATION, PRESCRIBING RULE~-:.....:' AND REGULATIONS MDR ITS O. ONDUCT, FIXING THE FEES TO BE CHARGED VENDORS, PROVIDING PERMITS FOR VENDORS, CREATiNG THE OFFICE OF MARlGET MASTER AND DEFINING THE DUTIES AND FIXING THE COMPENSATION OF THE MARKET MASTER AND PROV-IDING PENALTIES FOR THE VIOLATION HEREOF AND REPEALING ORDINANCE NO. 128 NE~'~ SERIES. BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERS-' FIELD, as follows: SECTION 1. ". It shall be the duty of the City Manager of the City of Bakersfield to treat and establish a municipal market or markets. Said market or markets shall be established by the City Manager upon and along the streets of the City of Bakersfield, at such places as the City Manager shall designate, which places,in his opinion, are suitable for such purposes. SECTION' 2. The public convenience and necessity requiring, the office of Market Master is hereby created; the market master shall be appointed by the City Manager of the City of Bakers field and shall hold office at the pleasure of the City Manager-of the City of Bakersfield. SECTION Z. The market master shall at all time be under the con- trol and supervision of the City Manager of the 0ity of Bakersfield, and shall have supervision and control of the municipal market; shall report to the City Manager all violations of permits held by persons, firms or corporations, who are the holders of permits to vend or sell commodities in the mu~icipal market as provided in "thl'~"o~'~iHs~ce~ shall collect' revenues., shall requir~ glI' ~dors to comply with all the terms and provisions of this ordinance and shall do and perform such other and further duties as may be required by the City Manager of the City of Bakersfield. SECTION 4. The compensation of the market master sha!~.l be such sums as is derived from the fees paid for permits granted vendors, participating in the municipal market, such sums so collected shall be his full and complete compensation. The-Oity of Bakersfield shall not be responsible for any of his compensation or remuneration for his services so rendered as market master. SECTION 5. The City Manager shall divide the space covered by the 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 said pavement a line three (3) inches wide, and of uniform length, not less than twelve (19-) feet long, extending from the curb at an angle of forty-five degrees, such lines to be eight (8).feet .apart (inside measurement). A line shall be painted on s aid pavement in said market which shall run parallel to said curb, and shall not exceed twenty (20) feet therefrom. No person, either as principal, agent, employee or otherwise, conducting business at the municipal market shall place any goods, wares or merchandise, on any stand, table or other equipment, or any automobile, wagon, or other vehicle, or any part thereof.., outside the .space or stall allotted for such business. SECTION 8. The market master shall allot spaces, or portions of spaces to .vendors holding permits as heroin provided for; and no vendo~ ,shall occupy more than one space nor more than one location at the municipal msm. ket, nor a~y space or location not previously allotted to such vendor by the market master; and, if any space is · . not occupied by the vendor to whom the same has been allotted by five (5) o'clock A.M. on any market day, such vendor shall forfeit the right to use such space"f'&r~'su~h"'~k~~%' 'day, "~nd the me may thereafter be allotted to any other vendor for 'such market day; and the price paid by such forfeiting .vendor shall be forfeited. SECTION 7. 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 for sale .at 't,he..o,.. ~' municipal market, and the following schedule of fees shall be charged to vendors for the use of each space or stall. at the municipal market for each business day: For the sale of vegetables, fruits, eggs, .poultry, game, dairy products, flowers, plants, jams, preserves, honey, jellies and reltshes,.~.-.'~:..:~-:~;'.-~;; the sum of ~ cents · For the sale of home cooked foods, bread and pastry, the sum of ~- cents per day; For the sale of ice cream, milk, cider and similar refreshments, the sum of ~ cents per day; For the sale of articles of handicraft (home products), the sum of ~ cents per day; Such fees shall be paid daily by each vendor to the market master who shall upon the receipt of such payment issue a receipt t~e~efor, which receipt shall entitle the holder thereof to the right of conducting business for that day only, at the municipal market, but no person, finn or corporation shall sell or offer for sale any con~nodity, or take possession of any space or stall in said municipal market without first paying to the market trustee the sums as above mentioned. SECTION 8. Permits for conducting business at the municipal market shall be granted by the City Manager of the City of Bak- ersfield, upon application therefor, by any ·person, firm or cor- poration, desiring to conduct business at the municipal market. Such application shall be made in writing and shall state the name and. address Of ..th.e applicant, a. s~.a~e_m. en.t ..oof the kind, or kinds, of commodities 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; there shall be noted in each such application,.· the'~umber ,.. f~.f' . per day; of the space or stall that the applicant shall be entitled to use · . .~ .'~.= .. , ...-.. ..... and the number so designated shall be the ~pace or stall that such applicant, if permit is granted, shall' use; 'if the application is in accordance with the provisions of this ordinance and the business proposed to be conducted at t~e municipal market Is a~horized by this ordl'nance, the City Manager may issue a permit to such'appli- cant; provided, however, that 'the City Manager may revoke col any permit to do business at the municipal marMst upon the vio- lation of the provisions of this ordinance by the h.o:.l..~er of any permit, or for any misrepresentation in the application of such vendor for a permit, and notice of such revocation and caneella- tion shall be given verbally or in writing to such v endor and after such notSee shall be given it shall be unlawful for the person, firm or corporation, whose permit has been revoked o~...~anceled, to carry on, or offer to c arty on, any business at the municipal market; and provided further, that the City Manager'may refuse to issue a second permit to any person, firm or corporation whose permit shall have been previously revoked orcanceled. · SECTION 9. vendors who occupy stalls at the municipal market shall not sell or'distribute any commodity to any other vendor occupying · a stall-at the municipal market. "'~'- "" SEOTION'IO, No.v endor shall sell or offer for' sale at such munich- pal market any commodity which is not wholesome, clean and sanitary. SECTION ll. Vendors shall not use scales,'.weights or measures which do'not accurately conform ~o the ~andard of weights and measures of the State of California. Vendors shall keep all cooked food, game, relishes and dairy products in inclosed receptacles with solid coverings suffi- cient to effectively protect the contents thereof from dust, dirt and other foreign matter. SECT ION'~ !'S~.~%~.. ':'~':~ 'i'- '~ 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 14. No person, as principal,agent, employee or other- wise, shall distribute hand bills, advertising matter, or lit- erature of any kind at the municipal market. SECTION 15. All vendors shall vacate and remove their wagons, and other vehicles and commodities, not later than the hour of V:18 o'clock A.M~ of each market day from the stall or space occupied by them. SECTION 16. Each vendor, to whom space is allotted, shall k~ep such space clean and sanitary; shall provide a receptacle sufficient to securely hold all of the rubblab and refuse of such vendor and shall place all such rabbish and refuse in such receptacle; and shall, within fifteen minutes after the close of the municipal market, or after vacating such space, remove suc~"receptacle and all rubbish, refuse, goods, wares, merchan- dise, com~odities and all other articles placed there by such vendor', or that may have accumulated upon such .~pace during the conduct of the municipal market. SECTION 17. The municipal market shall be closed for business and other purposes at the hour of 7:00 o'clock A,M, of each market day and.no vendor shall sell or offer for sale any com- modity at the municipal market after the time herein fixed'for the-closing of the business of the municipal market. SECTION 18 ....... ............. ~ ....No license, taX, fee or other charge other than-the-· fees provided for in this ordinance, shall be charged or collected fr6many person, firm or corporation for vending at the municipal market commodities produced or manufactured by such person, firm or corporation; and every person, firm or corporation selling any commodity not produced or manufactured by such per-son,. f. irm or corporation, shall pay to the City of Bakersfield the license fee as provided in Ordinance No. 190 New Series, whi~ch.~-...;~!~ha. ll be paid in addition to the fee exacted by this ordinance; and every. person, firm or corporation required by this ordinance to obtain · ..~ license, shall keep such license at the place of business con- ~ duoted.thereunder, during all of the time'such business is so conducted and shall exhibit the same to the Market Master or other city official when requested so to do. SECTION 19. ' No person, as principal, agent, employee or otherwise, shall, at the municipal market, sell, or offer for sale, or solicit orders for the s ale of any commodity not heroin authorized 'to be sold at the municipal market. SECTION 20. No person, as principa~.,agent, employee or otherwise, shall occupy or attempt to occupy, any space, or to carry on or atempt to carry on any business at the municipal market without having first-obtained a permit so. to do in the manner heroin pro- vided. SECTION ~l. No person shall stop, park or stand any vehicle within fi, fty' (50..)~.,-feet of the end lines of said market. · -.~.-~ · SECTION The words "vendor" and "vendors~, as the same are used in this ordinance, are hereby defined to mean and include persons, 'firm oF corporations, helpers, officers, agents and employees doing business at the municipal market; and when used in the singular shall inc~.ude the plural, and when used in the plural shall·apply to the singular. SECTION 23. If any section, subsection, sentence, clause or phrase · ' of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the ~emai~r~ng portions of this ordinance. The City Council hereby declar.~s that it Would have passed this ordinance and'each section and subsection thereof irrespective of the fact that any one or more of the.:sections, subsection, sentences, clauses or phrases be declarea'unconstltu- tional or invalid. Every vendor, person, finn, corporation, as. principal, agent, employee, or otherwise, violating any of the pm-Visions of ..~. this o'rdinance, or failing to comply with any of the requirements thereof, shall 'be deemed guilty .'of a misdemeanor; and upon convic~ tion thereof, shall be punished by a fine not exceeding three''~' hundred ($300e00) dollars or by imprisonment in the county Jail for not more than six months or by both such fine and imprison- ment. SECTION 25. That Ordinance No. 125 New S6r+es, es~ablishing a municipal market, and all other ordinances amendatory thereof or in conflict herewith be and the same are hereby expressIy repealed, ---o0o--- I HEREBY CERTIFY that the foregoing Ordina'me was passed and adopted by the Oouncll of the Oity of Bakersfield, on the ~' day of April, lg25, by the following vote': Ayes-Austin, ' . Cm4iale. Carlock. Grifllth. Habedelde, 8toner Abse .......................................................... i - C ty Clerk end ex-officio Clerk .of the Council of the. City of Bakersfield. APP_ROVED this _.. : ay of April, lg28. -'F-