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O1495 ... ,+ . . CA:RMM:rmd938/hpca City Council Meeting 9-26-89 Santa Monica, California ORDINANCE NUMBER l495(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING CHAPTER 2C TO ARTICLE VI OF THE SANTA MONICA MUNICIPAL CODE, AMENDING SECTION 3376 OF THE SANTA MONICA MUNICIPAL CODE, AND REPEALING SECTIONS 3336, 3381, 4300, 5121, 6233A, 6233B, 6233C, AND 6233D OF THE SANTA MONICA MUNICIPAL CODE RELATING TO VENDING THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2C is added to Article VI of the Santa Monica Municipal Code to read as follows: CHAPTER 2C. VENDING. SECTION 6281. Findings and Purpose. The City council of the city of Santa Monica finds and declares as follows: (a) To protect the public health and safety and ensure safe pedestrian and motorist traffic, the City needs equitable, uniform vending regulations. (b) Unregulated vending, from pushcarts, motor vehicles, stands, or by persons, contributes to traffic congestion and thereby impedes pedestrian and motorist traffic. - 1 - . e (c) The unregulated use of congested streets and sidewalks by vendors may make the streets and walkways unsafe for motorists, pedestrians, and vendors. (d) Controlled and constructive vending activity will improve the economic and aesthetic quality of life in the City of Santa Monica. (e) These regulations simultaneously seek to tightly control and encourage vending activity. (f) Disabled individuals are discriminated against in employment opportunities in our community. Many private employers operate in facilities that are not accessible to disabled individuals. Providing vending opportunities for disabled individuals is consistent with federal and state policy. SECTION 6282. Definitions. For purposes of this Chapter, the following words or phrases shall have the following meanings: (a) Charqe: To require someone to pay a fee before receiving goods or services, or observing a performance. Voluntary contributions such as passing - 2 - . - around a hat or soliciting donations after a performance or service is received is not a charge. (b) Food or Food Products: Any type of edible substance or beverage. (c) Goods or Merchandise: Any items that are not a food product. (d) Vend or Vendinq: To sell, offer for sale, or to barter food or goods in any publ ic area from a stand, pushcart, motor vehicle, or by a person with or without the use of any other device or other method of transportation. (e) Vendor: A person who vends. This includes a vendor who is an employee or agent of another. A person engaged in the business of soliciting, canvassing, or taking orders is subject to the regulations in Article VI, Chapters 2 and 2B, and is not a "vendor." (f) Performer: An individual or group performing music, dance, drama, comedy, or creating certain tangible art objects, in a public area. (g) Perform: When used in connection with "Performer," "perform" means to play music, dance, act, or create - 3 - e e any of the artistic activities identified in subsection (f) of this section. (h) Pushcart: Any nonmotorized mobile device used in the sale, barter, or offer for sale of food products, goods, or merchandise. (i) Vehicle: Any motorized device used in the sale, barter, or offer for sale of food products, goods, or merchandise. SECTION 6283. Exemptions. The provisions of this Chapter shall not apply to: (a) Any approved participant in any Farmer's Market. (b) Any approved participant in any cuI tural Arts and Crafts Show (pursuant to section 6335). (c) Any vendor operating pursuant to an approved license agreement on the Pier. (d) Any vendor operating pursuant to an approved 1 icense agreement on the pedestrian mall established pursuant to Section 3611 of this Code. (e) Any vendor operating pursuant to section 3611C of this Code. - 4 - SECTION Required. (a) No person may vend in the city without first obtaining and having in his or her possession a vendor permit issued by the Chief of Police in accordance with this Chapter. -- (b) To person must application on ci ty and file applicant must information: (1) address. (2) identity. (3) e 6284. Vendor Permit receive a vendor permit, a a vendor permi t approved by the the city. The the following complete the form it with provide Applicant's full name and Proof applicant's of A brief description of the type of food products or goods to be sold. This shall include the nature, character, and quality of the product. (4) The location where the applicant plans to vend. (5) If applicant is employed by another to vend, the name and business address of the employer. - 5 - e e (6) If applicant will use a motor vehicle during his or her vending, a description of the vehicle, its registration number, its license number, and the streets the appl icant intends to use. (7) If applicant will use a pushcart or any other device, a description of the pushcart or device. (8) If applicant will vend food products, a valid Los Angeles County Department of Health permit and certification that he or she complies with all state and federal laws regarding food product vending. (c) No application for a vendor permit or the renewal thereof shall be accepted unless the application is accompanied by a fee of Twenty-Five Dollars ($25.00) . (d) A permit pursuant to section 6120 of this Code shall not be required if a vendor permit is issued pursuant to this Chapter. - 6 - e e SECTION 6285. vendor Permit Issuance and Denial. (a) Upon receipt of a written appl ication for a vendor permit, the Chief of Police shall conduct an investigation as it deems appropriate to determine whether a vendor permi t should be approved. Except with respect to vendor permits subj ect to section 6287, a vendor permit shall be approved, conditionally approved, or denied within thirty (30) days of the filing of an application. The vendor permit shall be approved unless one of the following findings is made: (1) The applicant has knowingly made a false, misleading, or fraudulent statement of fact to the city in the application process. (2) The application does not contain the information required by this Chapter. (3) The applicant has not satisfied the requirements of this Chapter. (4) The applicant has not been selected in accordance wi th the procedure set forth in section 6287. - 7 - - e (b) The Chief of Police may condition the approval of any vendor permit to ensure compliance with this Chapter and other applicable laws. (c) A vendor permit issued by the Chief of Police may be revoked pursuant to the provisions of section 6123 of this Code. (d) Upon approval or conditional approval of a vendor permit by the Chief of Police, it shall be submitted by the applicant to the Director of Finance who shall issue a business license upon payment of the license fee. The license fee shall be Fifty Dollars ($50.00) per annum and no additional license fee shall be required by virtue of vending in any assessment district. (e) Except as provided for in section 6287, a vendor permit issued hereunder shall be effective for the same period as the business license. Upon the expiration of the vendor permit, an application for renewal thereof shall be filed in a like manner as an application for an original vendor permit, and such renewal permit shall be approved only when - 8 - e e the requirements for the issuance of an original vendor permit are met. (f) A vendor permit shall not be assignable or transferable. SECTION 6286. Appeals. Except as provided for in section 6287, any decision of the Chief of Pol ice under this Chapter denying an application, conditionally approving an application, or revoking a permit, may be appealed by an aggrieved applicant or permit holder. Any appeal must be taken within the time and manner set forth in Section 6126 of this Code. Upon an appeal, the decision of the Hearing Examiner shall be final except for judicial review and shall not be appealable to the City Council. SECTION 6287. special permit Procedures for Downtown vending. Notwithstanding any other provision of this Chapter, an application for a vendor permit for one of the locations set forth in Section 6289(a) shall be issued in accordance with the following procedures: (a) Within thirty (30) days of the effective date of this Chapter, the city shall publish a notice that applications - 9 - e e may be filed for vendor permits at the locations described in section 6289(a). The notice will provide that the vendor applications shall be due within thirty (30) days of the date of the pub 1 ication. commencing on February 1, 1992, and every two years thereafter, the city shall publish notice that applications may be filed for vendor permits within thirty (30) days of the date of the publication. (b) The first vendor permits issued pursuant to this Section shall expire on June 30, 1992, unless earlier revoked pursuant to this Chapter. Subsequent permits shall be valid for a period of two years commencing on July 1. (c) The application shall indicate which one of the six locations set forth in section 6289(a) the application is being filed for by the applicant. No person shall file an application for more than one location. (d) In order to file an application for the locations set forth in Section 6289 (a) (2) and section 6289 (a) (5) , the applicant shall present proof that the applicant is disabled within the meaning of any federal or state law. - 10 - e e (e) In connection with each location for which an application has been filed, the City Clerk shall, wi thin ten days of the close of the application period, place cards bearing the name of each applicant in a container, randomly draw the cards from the container, and create a list starting with the first applicant whose name is drawn and followed by the name of each applicant subsequently drawn. The applicant who is first on the list and meets the other standards for issuance of a vendor permit set forth in this Chapter shall be issued a vendor permit for the location for which the application has been filed. (f) If any vendor permit is revoked, a vendor permit shall be issued for the remaining term of the permit to the next applicant on the list who meets the other standards for issuance of a vendor permit set forth in this Chapter. (g) No application shall be accepted for any location set forth in section 6289 (a) except during the time periods set forth in subdivision (a) of this section. However, if there are no applicants for a location, or no persons remaining on the ... - 11 - e e list selected pursuant to subdivision (e), a vendor permit shall be issued to the first person who applies for a permit for the location and meets the standards for issuance of a vendor permit set forth in this Chapter. However, in no event shall a permit be issued to any person who has already been issued a vendor permit for another location pursuant to this Section. (h) The holder of a vendor permit whose permit is not renewed because the holder is not selected in accordance with the procedures set forth in this Chapter shall not be entitled to a hearing in accordance with section 6286 or any other provision of this Code. (i) The applicant for a vendor permit whose application is denied because the applicant is not selected in accordance with the procedures set forth in this Chapter shall not be entitled to a hearing in accordance with section 6286 or any other provision of this Code. (j ) A vendor permit issued pursuant to this Section shall be revoked if the holder of the permit does not vend for at least ten (10) days in any month. - 12 - e e SECTION 6288. Performers. (a) A performer who performs without charge shall not be required to obtain a vendor permit pursuant to this Chapter or a business license pursuant to Chapter 1 of Article VI of this Code. A performer who performs without charge shall be subject to the provisions set forth in subsections (a), (d), and (e) of Section 6290. (b) A performer who performs for a charge shall obtain a vendor permit and shall be subject to all of the provisions of this Chapter. SECTION 6289. Vendor Location sites. No person issued a vendor permit pursuant to this Chapter shall vend in any location in the City except the following areas: (a) six fixed locations for which no more than one vendor permit shall be issued for each location: (1) The public sidewalk at the northwest corner of Fifth Street at Arizona Avenue. (2) The public sidewalk at the northeast corner of sixth street at Santa Monica Boulevard. - 13 - e e (3) The public sidewalk at the northwest corner of Fourth street at Arizona Avenue. (4) The public sidewalk at the northeast corner of Fourth street at Arizona Avenue. (5) The public sidewalk at the northwest corner of Fourth street at Santa Monica Boulevard. (6) The public sidewalk at the northwest corner of Fourth street at Broadway. (b) In connection with vending from vehicles, such as catering or ice cream trucks, on any street designated in the vendor permit or on private property. SECTION 6290. General Requirements. (a) Location Restrictions. No person may vend or perform: (1) In anyone spot, or within 100 feet of that spot, for more than thirty (30) minutes in any three (3) hour period. (2) within four (4) feet of any building, or within ten (10) feet of any business entrance. (3) within ten (10) feet of any bus stop. - 14 - . e (4) within ten (10) feet of any street corner. (5) within thirty-five (35) feet of any other vendor. (6) On any sidewalk that is eight (8) feet wide or less, at least four (4) feet of the sidewalk must be kept clear. (7) In any manner that blocks the free movement of or obstructs pedestrians. Subsections (a) (1) through (a) (6) shall not apply to any person vending in the area set forth in section 6289(a). (b) Vending or Renting on Beaches Prohibited. All vending activity on the beaches and in public parks is prohibited. No vendor permit shall be issued to any person for the vending of any food products, goods, or merchandise, or the renting of any types of goods, merchandise, or services on the beaches and in publ ic parks in the city of Santa Monica. (c) Receipts. Upon request by a buyer, a vendor shall give a receipt to the buyer. The receipt shall list the following: (1) The vendor's name. - 15 - e e (2) The vendor's City vendor permit number. (3) The vendor's address or telephone number. (4) The items sold. (5) The price of each item sold. (6) The total price of all items sold. (d) Cleanup Responsibility. A vendor or a performer shall keep his or her vending or performing area litter free. He or she must remove litter caused by his or her products off of any public property and other private property. A vendor with a pushcart shall have a trash container in or on the cart. (e) Noise Limit. A vendor or performer shall not make excessive noise with his or her voice, a mechanical device, or an electronic device. (For example, a vendor or performer may not loudly shout out at possible buyers, may not use a bullhorn or a megaphone, and may not play a radio, tape player, or other electronic device at a loud volume. ) A vendor or performer shall be subject to the provisions of Chapter 3A of Article IV of - 16 - e e this Code. In addition, no vendor or performer shall be so loud as to be heard inside the premises of an adjacent building or structure while the entrance door to the premises is closed. ( f) Pushcart Standards. A vendor's pushcart (or other device) shall be kept clean and in a safe condition when used on public property. The pushcart shall display the following: (1) The vendor's name, business name, and City permit number on all vertical sides of the cart. The lettering shall be at least one inch high. A food vendor shall include his or her Los Angeles County Department of Health permit number. (2) A photocopy of the vendor's city vendor permit on at least two vertical sides of the cart. (g) Compliance with Conditions. No person shall vend contrary to the terms or any condi tions imposed in approving a vendor permit pursuant to this Chapter. SECTION 2. section 3376 of the Santa Monica Municipal Code is amended to read as follows: - 17 - e e SECTION 3376. Unlawful Parking. (a) No person shall stand or park a vehicle upon any street for the purpose of displaying such vehicle for sale or offering for sale or sell ing such vehicle other than by means of sign. Any vehicle parked on any street in violation of this subsection may be removed from the street by any peace officer. (b) In the Rl One Family Residential District and in the R2, R2-R, R3, and R4 Multiple Residential Districts, no person shall stand or park a vehicle upon any street for the purpose of displaying such a vehicle for sale by sign or otherwise. Any vehicle parked on any street in violation of this subsection may be removed from the street by any peace officer. SECTION 3. Sections 3336, 3381, 4300, 5121, 6232, 6233A, 6233B, 6233C, and 62330 of the Santa Monica Municipal Code are hereby repealed. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. - 18 - e e SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared inval id or unconsti tutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: r:L"'~'-' La...- ~..- ~~ , .. .,.......,., ......,... 'r~ ROBERT M. MYERS - City Attorney - 19 - ~ . e . Adopted and approved this 26th day of September, 1989. 11-, )M~ I hereby certify that the foregoing Ordinance No. 1495(CCS) was duly and regularly introduced at a meeting of the City council on the 19th day of September 1989; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 26th day of September 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST:. _ "- --:_.- _ __ ~- ~ ~ -.. - - '- - ~dL~- Assr. Ci#(~!_e~~ _.-..