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:? ............................