The URL can be used to link to this page

Home My WebLink AboutORD NO 4607 ORDINANCE NO. 4 6 0 7 ORDINANCE AMENDING SECTIONS 5.56.010, 5.56.020 AND 5.56.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TRANSIENT OUTDOOR BUSINESSES BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 5.56.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.56.010 Definitions. Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings: "Business owner" means any person who engages in or operates a transient outdoor business (including on his, her or its own property) and shall be the applicant for the permit required in this chapter. "Lessee," unless otherwise qualified, means any person who is in lawful possession of the property. "Manager," unless otherwise qualified, means any person who is an employee or agent of the property owner or lessee charged with the responsibility of managing the site on the property where the business owner seeks to establish his, her or its transient outdoor business. "Person" means any individual, partnership, corporation, association or public entity of any nature whatsoever. "Property," unless otherwise qualified, means the property from which the business owner seeks to operate his, her or its transient outdoor business, or from which the transient outdoor business is operating. "Property owner," unless otherwise qualified, means any person who is the recorded owner of the property. "Seasonal outdoor business" means any business solely preparing food for sale directly to consumers during a specific common season fewer than one SACOUNCIUOrds\09-10 Ords\5.56TransientOutdoorBusinesses.doc Page 1 of 5 Pages hundred eighty-one consecutive days entirely independent from a structure upon a permanent foundation in accordance with the requirements of Chapter 15 of this code. "Temporary business" means any business selling goods, wares or merchandise fewer than ninety-one consecutive days entirely independent from a structure upon a permanent foundation in accordance with the requirements of Chapter 15 of this code. "Transient outdoor business" means any temporary business or any seasonal outdoor business within the city and which hires, leases, uses, enters upon or occupies any property within the city. SECTION 2. Section 5.56.020 of the Bakersfield Municipal Code is hereby amended to read as follows: 5.56.020 Permit required. A. It is unlawful for any person to operate, maintain or conduct a transient outdoor business in the city in violation of this chapter, or without having a valid permit for each and every day of operation in accordance with the provisions of this chapter. B. No person shall be relieved from compliance 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. C. Any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Chapter 15 of this code, any farmers' market certified by the Kern County agricultural commissioner, any seller of fireworks, any food vendor operating a pushcart on a sidewalk as permitted in Chapter 5.45 of this title, promotional activities as set forth in Chapter 5.51 of this title, or any occasional sales of nonalcoholic beverages or foodstuffs by persons under the age of eighteen years adjacent to the residence of the person involved in such sales is exempt from the operation of this section. SACOUNCI00rds\09-10 Ords\5.56TransientOutdoorBusinesses.doc Page 2 of 5 Pages SECTION 3. Section 5.56.040 of the Bakersfield Municipal Code is hereby amended to read as follows: 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 earliest 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. 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. SACOUNCUOrds\09-10 Ords\5.56TransientOutdoorBusinesses.doc F= ir'=--- Page 3 of 5 Pages 1318 lh . H. The business owner shall not conduct any business on landscaped areas. 1. The business owner shall not provide or maintain any tables, chairs or any other dining facilities on the property. J. 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. K. The business owner shall provide waste receptacles for the business customers' use. SECTION 3. 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. --00000-- a SACOUNCIL\Ords\09-10 Ords\5.56TransientOutdoorBusinesses.doc - r' a tD Page 4 of 5 Pages ~*GVAL HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on DEC 1 6 2008 , by the following vote: ✓ ✓ ✓ V" YES: COUNCILMEMBER CAR~/ SON, BENHAM, WEIR, COUCH. SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER BSENT: COUNCILMEMBER CJPAMELA A. McCARTHY, MM CITY CLERK and EX OFFICIO of the Council of the City of Bakersfield APPROVED: DEC 1 6 2009 By: 727 W, HA EY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JU TIN A. CRUMLEY sociate City Attorney JAC:Isc 'r S:\COUNCIL\Ords\09-10 Ords\5.56TransientOutdoorBusinesses.doc tj Page 5 of 5 Pages 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 17th day of December, 2009 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4607, passed by the Bakersfield City Council at a meeting held on the 16th day of December, 2009 and entitled: ORDINANCE AMENDING SECTIONS 5.56.010, 5.56.020 AND 5.56.040 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO TRANSIENT OUTDOOR BUSINESSES PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: P J. DEP City Jerk SAD0CUMENl1F0RMSW0P.0RD.wpd