Loading...
HomeMy WebLinkAboutORD NO 2845ORDINANCE NO. 2845 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 5.56 TO THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO REGULATION OF TRANSIENT OUTDOOR BUSINESSES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 5.56 is hereby added to Title 5 of the Bakersfield Municipal Code to read as follows: Chapter 5.56 TRANSIENT OUTDODR BUSINESSES Sections: 5.56.010 5.56.020 5.56.030 5.56.040 5.56.050 5.56.060 5.56.070 5.56.080 5.56.090 5.56.100 5.56.110 5.56.120 5.56.130 5.56.140 5.56.150 Purpose. Compliance Required. Definitions. Application. Investigation and Issuance/Denial. Transfer. Loud Noises and Speaking Devices. Revocation of Permits. Appeal. Expiration of Permits; Renewal. Business License. Use of Streets and Sidewalks Prohibited. Penalty. Exemptions. Severance Clause. 5.56.010 Purpose. This Council finds that the proliferation of transient outdoor businesses, typically on corner lots at major street interesections and lots on major arterials, has resulted in (1) increased traffic congestion and traffic hazards in the vicinities of such businesses, (2) increased dust and fire danger when such businesses are conducted on unsurfaced or poorly surfaced lots, and (3) incompatible land uses when considered in the context of adjacent properties. The purpose of this Chapter is to provide regulation of transient outdoor businesses, as defined herein below, in furtherance of the public health, safety and welfare and in reducing or eliminating the problems presented by the operation of such businesses. 5.56.020 Compliance Required. No transient outdoor business shall be operated, conducted or maintained except in compliance with, and as provided in, this Chapter and Code, and only after having first obtained a permit. 5.56.030 Definitions. For the purposes of this Chapter, "transient outdoor business" means any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the City or not, 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 Christmas trees, fireworks, or pumpkins, any food vendor operating a push- cart on a sidewalk with the written permission of the owner, tenant, or person in possession of the premises in front of which the food is sold, or any occasional sales of beverages or foodstuffs by persons under the age of 15 years adjacent to the residence of a person involved in such sales. For the purposes hereof, a "temporary business" is any business conducted functionally entirely independent from a structure with such permanent foundation. No person, firm or corporation so engaged shall be relieved from complying 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. 5.56.040 Application. Applicants for permits under this Chapter shall file with the City Manager a written application signed by the applicant, or an authorized agent of officers thereof, which shall include the following: A. The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the City of Bakersfield; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person, firm or corporation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated. B. The State Board of Equalization resale permit number. C. The place or places in the City where it is proposed to carry on applicant's business, including a plot plan or plot plans thereof 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 hydrant(s); the length of time during which it is proposed that said business shall be conducted; and written authorization from the owner of the location or person in lawful possession thereof if other than the applicant, for the filing of the application. D. The place or places, other than the permanent place of business of the applicant, where applicant within the six (6) months next preceding the date of said application conducted a transient business, stating the nature thereof and giving the post office and street address where such business was conducted. E. A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the City and the invoice value of such goods, wares and merchandise. F. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the City Manager, copies of all said advertising, whether by handbills, circulars, newspaper advertising or otherwise, shall be attached to said application as exhibits thereto. G. Credentials from any person, firm or corporation for which the applicant proposes to do business, authorizing the applicant to act as such representative. H. A permit application fee in the amount of Forty Dollars ($40.00), which amount reasonably represents the costs incurred by the City in processing an application for such permit and acting thereon. 5.56.050 Investigation and Issuance/Denial. Upon receipt of such application, the City Manager shall cause such investigation as to the completeness of the application and of the appropriate- ness of the place or places in the City where it is proposed to conduct applicant's business to be made the protection of the public good. If, investigation, the application is found place or places in the City where it is as he deems necessary for as a result of such to be incomplete or the proposed to conduct applicant's business are found to be inappropriate, the application shall be denied. If, as a result of the investigation the application is found to be complete and the place or places in the City where it is proposed to conduct applicant's business are found to be appropriate, a permit shall be issued by the City Manager. The City Manager shall keep a full record in his office of all permits issued. Such permit shall contain the number of the permit, the date the same is issued, the nature of the business authorized to be carried on, the expiration date of said permit, the place where said business may be carried on under said permit and the name or names of the person or persons authorized to carry on the same. For the purposes of this Chapter, a proposed business location is appropriate if, but only if, such location satisfies the following requirements: A. Conduct of such business at the proposed location(s) is a permitted use under the zoning regulations applicable to the location(s) . B. Such location is the site of another operating business as to which the transient outdoor business would be secondary and incidental. C. Operation of such business at such location does not present any substantial hazard to vehicular or pedestrian traffic. D. Paved parking exists on the proposed shall be determined in 17.58 of this Code. 5.56.060 Transfer. adequate for the purposes of the business location(s). The adequacy of such parking accordance with the provisions of Chapter No permit shall be transferred to another site (including addition of another site to an application pre- viously approved) or another person without written consent from the City Manager as evidenced by an endorsement on the face of the permit by the City Manager showing the site to which and/or person to whom the permit is transferred and the date of the transfer. The City Manager may require compliance with any or all provisions of Section 5.56.040 as a precondition to consent to any transfer. 5.56.070 Loud Noises and Speaking Devices. No permittee under this ordinance, nor anyone in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the said City or upon any private premises in the said City where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places for the purpose of attracting attention to any goods, wares or merchandise which such permittee proposes to sell. 5.56.080 Revocation of Permits. A. The permits issued pursuant to this ordinance may be revoked by the City Manager, after notice and hearing, for any of the following causes: 1. Any fraud, misrepresentation or false statement contained in the application for permit; 2. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or merchandise; 3. Any violation of this ordinance; 4. Conviction of the permittee of any felony or of a misdemeanor involving any fraud, deceit or theft; or 5. Conducting the business permitted under this Chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. B. Notice of hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and Dlace of the hearing. Such notice shall be mailed, postage prepaid, to the permittee, at his last known address, at least five (5) days prior to the date set for the hearing. 5.56.090 Appeal. Any person aggrieved by the decision of the City Manager in regard to the denial of application for a permit or in connection with the revocation of a permit as provided for in Section 5.56.090 of this Chapter shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the Council, within ten (10) days after notice of the decision by the City Manager has been mailed to such person's last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in Section 5.56.090 for notice of hearing on revocation. The order of this Council on such appeal shall be final. 5.56.100 Expiration of Permits; Renewal. All permits issued under the provisions of this ordinance shall expire ninety (90) days after the date of issuance or renewal thereof unless a prior date is fixed therein. A permittee in compliance with the require- ments of this Chapter may have his permit renewed upon payment of the fee specified in Section 5.56.040 K. 5.56.110 Business License. Upon issuance of a permit for a transient outdoor business, the permittee shall provide a copy thereof to the City Finance Department and shall apply for issuance of a business license for the business. 5.56.120 Use of Streets and sidewalks Prohibited. 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. 5.56.130 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed six (6 months or by both such fine and imprisonment. 5.56.140 Exemptions. The following are exempt frc~ the permit requirements and other regulations of this cha~.ter provided that the place or places, if any, from which the activity or business is conducted satisfies the requirements of subsection A., C. and D. of Section 5.56.050 and that the activity or business complies with all other applicable provisions of this Code: A. Charitable solicitations pursuant to a permit issued under Chapter 5.18 of this code. B. Fund raising activities by schools and by charitable, fraternal, civic, and social institutions. C. The activity or business has held a current city business license for the location for a period of two years or more prior to the effective date of the ordinance enacting this chapter. 5.56.150 Severance Clause. If any section, sentence, clause or phrase of this ordinance is for any reason held to be uncon- stitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, or the ordinance as an entirety, it being the legislative intent that this ordinance shall stand notwithstanding the invalidity of such section, sentence, clause or phrase. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days frc~n and after the date of its passage. ......... o0o ........ I HEREBY CERTIFY that the and adopted by the Council of the City of meeting thereof held on the 18th day of the following vote: foregoing ordinance was passed Bakersfield at a regular May , 1983, by CITY CLERK an(~ Ex io Clerk of Council of the City of Bakersfield the APPROVED this ]Sth day of May , 1983 of the City of Bakersfield APPROVED as to Form: AJS:mm AJS/mro 6/1/82 9/8/82 6/23/82 AJS/bt 6/24/82 4/29/83 5/18/83 Aff a of r nan es STATE OF CALIFORNIA, ~ County of Kern ~ ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and May 23, that oa ................................................................................................................................., 19._~..~.. he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ..........~.~.......1....8.. .................................................................., 19...8..-3....., which ordinance was numbered .........~..~.~..~ .....................New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 5.56 TO THE BAKERSFIELD MUNICIPAL CODE RELATIVE TO REGULATION OF TRANSIENT OUTDOOR BUSINESSES. Subscribed and sworn to before me this .~.7'~.~...... day of .............~.0:? ............................