SR-8-C (23)
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l1/YlEIVI>"D
S~ k 1989
CA:RMM:cd972/hpca
City Council Meeting 9-19-89
Santa Monica, California
SUPPLEMENTAL STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance 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 following technical changes have been made to the
vending ordinance:
1. The definition of "public area" contained in section
6282(h) has been deleted because this term was not used in the
remainder of the ordinance.
2. The definition of "stand" contained in Section 6282(j)
has been deleted because this term was not used in the remainder
of the ordinance.
3. Section 6284(b)(1) was revised to require the address
of the applicant in addition to the applicant's name.
4. Section 6287 was revised to change cross-references
from section 6288(a) to Section 6289(a).
5. Section 6287(c) has been revised to clarify the random
procedure for vendor selection.
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:rmd938/hpca
City Council Meeting 9-19-89
Santa Monica, California
ORDINANCE NUMBER
(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.
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(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 l.n 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) Charge: To require someone to
pay a fee before receiving goods or
services, or observing a performance.
Voluntary contributions such as passing
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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
public 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.1I
(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,"
"performu
means to play music, dance, act, or create
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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
Cultural 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 license agreement on the
pedestrian mall established pursuant to
Section 3611 of this Code.
(e) Any vendor operating pursuant to
Section 3611C of this Code.
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SEC'I' ION
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
6284.
Vendor
Permit
Chapter.
(b)
To
receive
a vendor permi t, a
a vendor permi t
approved by the
the city. The
the following
person must
application on
City and file
applicant must
information:
complete
the form
it with
provide
(1) Applicant's full name and
address.
(2)
Proof
of
applicant's
identity.
(3) 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 1S employed
by another to vend, the name and business
address of the employer.
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(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 applicant 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.
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SECTION 6285. Vendor Permit Issuance
and Denial.
(a) Upon receipt of a written
application for a vendor permit, the chief
of Police shall conduct an investigation as
it deems appropriate to determine whether a
vendor permit should be approved. Except
wi th 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
contain the information required by
not
this
Chapter.
( 3 ) The appl icant has not
satisfied the requirements of this Chapter.
(4) The applicant has not been
selected in accordance with the procedure
set forth in Section 6287.
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(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 parmi t 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 I 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
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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
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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 publication.
Commencing on February 1, 1991, and each
February 1 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, 1991, unless earlier revoked
pursuant to this Chapter. Subsequent
permits shall be valid from the period from
July 1 through June 30 of the following
year.
(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)
for the
6289 (a) (2)
applicant
In order to file an application
locations set forth in Section
and section 6289 (a) (5) , the
shall present proof that the
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applicant is disabled within the meaning of
any federal or state law.
(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.
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However, if there are no applicants for a
location, or no persons remaining on the
list selected pursuant to subdivision (e),
a vendor permit shall be issued to the
first person who appl ies 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
permi t 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
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holder of the permit does not vend for at
least ten (10) days in any month.
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 subj ect 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.
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(2) The public sidewalk at the
northeast corner of sixth street at Santa
Monica Boulevard.
(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.
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(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.
(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
feet wide or less, at least four
eight (8)
(4) feet
of
the
sidewalk
must
be
kept
clear.
(7}
obstructs
In any manner that blocks
the free movement of
or
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 Rentinq 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.
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(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.
(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
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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
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
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any conditions 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:
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 selling 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 6233D of the Santa Monica Municipal Code are
hereby repealed.
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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.
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 invalid or unconstitutional 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:
(1..,r'9-tr ~. \-..-x---
ROBERT M. MYERS U
City Attorney
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