O2117
F:\A TTY\MUNI\LAWS\MJM\fooddistributlonamend-2,doc
City Council Meeting 2-24-04 Santa Monica, California
ORDINANCE NUMBER 2117 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 5.06.010 AND 5.06.020
RELATING TO THE DISTRIBUTION OF FOOD ON CITY PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 5.06.01 Ois hereby amended
to read as follows:
Section 5.06.010. Food distribution in public
parks and on the City Hall lawn.
Persons and groups who wish to routinely distribute
free meals and other food to needy people in Santa Monica
are encouraged to participate in programs which provide
meals indoors in conjunction with other services intended to
help needy people find housing and jobs. Information on
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how to participate in such programs may be obtained from
the Department of Community and Cultural Services.
Persons who serve or distribute food to the public in
City parks or on the City Hall law must comply with:
(a) applicable State health and safety standards
regulating food service and distribution, including, but not
limited to, the requirements of obtaining and displaying a
valid permit from the Los Angeles County Department of
Health for distributing food at a location approved by the City
pursuant to state guidelines administered by Los Angeles
County and guidelines adopted by the City;
(b) all applicable requirements of the City of Santa
Monica's Community Events Law; and
(c) the City's Park Maintenance Gode, which protects
park facilities and foliage and ensures that the parks are a
shared resource available to all members of the public.
Information about all three of these laws is available
from the Department of Community and Cultural Services.
SECTION 2. Santa Monica Municipal Code Section 5.06.020 is hereby amended
to read as follows:
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Section 5.06.020. Food distribution on public
streets and sidewalks prohibited without City
authorization.
No person shall distribute or serve food to the public
on a public street or sidewalk without City authorization in
the form of a vending permit, use permit. outdoor dining
license or Community Event permit. However, no permit or
license shall be required for a noncommercial food
distribution that does not interfere with the free use of the
sidewalk or street by pedestrian or vehicular traffic.
Any person violating this Section shall be guilty of a
misdemeanor which shall be punishable by a fine not
exceeding one thousand dollars per violation, or by
imprisonment in the County Jail for a period not exceeding
six months, or by both such fine and imprisonment.
SECTION 3. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 4. 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 competent jurisdiction, such decision shall not affect the validity of the
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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 5. 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 30 days from its adoption.
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Approved and adopted this 24th day of February, 2004.
~~MaY~
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2117 (CCS) had its introduction on February 10, 2004, and
was adopted at the Santa Monica City Council meeting held on February 24,2004, by
the following vote:
Ayes: Council members: Mayor Bloom, Katz, Genser, Holbrook, O'Connor
Noes: Council members: Mayor Pro Tem McKeown
Abstain: . Council members: None
Absent Council members: Feinstein
ATTEST:
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.. .." \.v.~~
Maria M. Stewart, Cit~ Clerk
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