HomeMy WebLinkAboutORD 670ORDINANCE NO. 670
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, REGULATING FOOD
SALE FROM PUSHCARTS.
WHEREAS, The City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
Section 1: That Chapter 5.99 in hereby added to the Palm
Desert Municipal Code to read as follows:
Chapter 5.99: Food Sale From Pushcarts:
5. 99.010 Definitions.
5. 99. 030 Permit required.
5.99.040 Application for vendor' permit;contents; required
fee.
5.99.050 Investigation of applications.
5. 99. 060 Issuance of permit.
5, 99. 070 Permit term and renewal.
5. 99, 080 Denial of permit and appeal
5. 99. 090 Revocation of permit.
5. 99. 100 Prohibited conduct.
5.99.110 Pushcart regulations.
5. 99. 120 Conducting as a nuisance.
5. 99.125 Applicability of regulations to existing business
5. 99.130 Insurance - Required.
5. 99. 140 Insurance - Coverage, scope and limits of policy.
Section 5. 99. 010: Defini ti ons:
For purposes of this chapter, the following terms have the
following respective meaning:
(a) 'Pushcart* means any wagon, cart, or similar wheeled
container, not a "vehicle" as defined in the Vehicle Code of the
State of California, from Which food, beverage, or product is
offered for sale to the public.
lb> "Vend" or "vending" means offering food, beverage, or
product of any kind for sale from a pushcart on any sidewalk,
street, alley, haghwey or public place, including the movement or
standing of a pushcart for the purpose of searching for,
obtaining or soliciting retail sales of products.
(c) "Person" means any natural person, firm, partnership,
association, corporation, stockholder, including, but not limited
to, owners, operator, lessors and lessees of pushcarts.
(d) 'Vendor' means any person who:
(1) Conducts or permits or causes the operaz_on of
pusncart i s) vending food, beverage or product;
ORDINANCE NO. 670
(2) Owns, operates, controls, manages, or leases
pushcart lsi; or, ,
(*3) Contracts with persons to vend food, beverage or
product from a pushcart.
e ) "Operator" means any person who manually pr o pei s or,
otherwise operates a pushcart for the purpose of vending -cod,
beverage, or product therefrom.
if ) "Vendor's permit" means a permit issued by the City of
Palm Desert authorizing the holder to engage in the business of
vending food, beverage or product from a pushcart.
Section 5.99.030: Permit required:
No person shall operate as a vendor, without a vendor's
permit issued pursuant to the provisions of this chapter, or -
without any other business tax, license or permit required under -
any other chapter of this code for each and every pushcart said
person is operating or causing to be operated in the City of Palm
Desert.
Section 5.99.040: Application for vendor's aermit:
contents: required fee:
(a) Any person desiring to obtain a vendor's permit shall
obtain an application from the director of code compliance.
Prior to submitting such application, a non-refundable fee as
established by resolution of the city council shall be paid to
the code compliance department to defray, in part, the cost of
the investigation and report required by this chapter. After an
application permit has been filed with the director of code
compliance, he shall cause an investigation to be made b,v the
health officer and chief -of -police. Permit issuance fees
required under this chapter shall be in addition to any license,
permit or fee required under any other chapter of this code.
(b) Neither the filing of an application for a permit, nor
the payment of an application fee, shall authorize the vending
from, operation or management of a pushcart until such permit has
been granted or renewed.
(c) The vendor's- permit shall be applied for and issued to
the applicant pushcari vendor before the vendor's operators may
be issued operator's permits under the provisions of Section
5.99.050.
(d) Each applicant for a vendor's permit shall furnish the
.following:
(1) The full and true name under which the business will be
conducted;
(- ) The full and true name and any other name used b v the
applicant;
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ORDINANCE NO. 670
(,J) If the applicant as a corporation, either foreign or
domestic, a copy of the articles of incorporation, and if
domestic, a copy of the domestic stock .statement;
(4) The present residence and business address of the
applicant and telephone numbers of the applicant;
(5) A description of the merchandise which the pushcarts
wall vend;
(6) The number of pushcarts owned, operated, leased,
controlled or, contracted by the applicant to be used in the City
of Palm Desert;
(7) A description of the logo, color scheme, insignia and
any other distinguishing characteristics of the applicant's
pushcarts;
(8) The full and true names, addresses and telephone
numbers of all persons employed as operators, contracted, leased
or otherwise given control of applicants pushcarts, and in
addition, their:
(a) California driver's license, social security number or
other identification number;
(b) Date of birth; and
(c) All known criminal convictions excluding minor traffic
offenses, stating the date, place, nature and sentence of each
such conviction.
(d) Acceptable written proof that each pushcart operator is
at least eighteen (18) years of age.
(9) If the applicant is a corporation the name shall be
exactly as set forth in its articles of incorporation. The
applicant shall show the name and residence address of each or
the officers, directors, and each stockholder owning not less
than ten (10) percent of the stock of the corporation and the
address of the corporation itself, if different than the
applicant's place of business.
If the applicant is a partnership, the application shall
show the name and residence address of each of the partners
including limited partners and the address of the partnership
itself, if different than the applicant's place of business.
(10) Has the applicant had a similar license or permit or
franchise revoked or suspended in this or any other city, county
or state? If so, state the circumstances of such suspension or
revocation;
(11 ) The applicant, if other than an individual, shall also
furnish the following information:
(a) Each business address of the applicant for the three-
year period immediately preceding the date of the application and
the inclusive dates of each such business;
(b) The nature of the business or firm for the three-year
per-"vd immediately preceding zhe mate of the application; and
ORDINANCE NO. 670
(c) The permit history of the applicant for the three-year
period immediately preceding •the date of the filing of the
application, including whether such applicant, in previously
operating in this or any other city, county, state or territory
has ever had any similar license or permit, or franchise revoked
or suspended, and if so, the circumstances of such suspension or
revocation;
(12) Such other identification and/or information as the
director of code compliance may require in order to discover the
truth of the matters required to be set forth in the application;
(13) When any change occurs regarding the written
information required by this section, prior to or after issuance
of a permit, the applicant shall give written notification of
such change to the director of code compliance within two (2)
weeks of such change; and
Section S.99.050: Investigation of application:
The director of code compliance, health officer and chief -
of -police shall have a reasonable period of time in which to
investigate the application and background of the applicant for a
vendor permit. The director of code compliance shall, within
thirty days after the date of the filing of the application,
approve or deny the application for the permit or renewal
thereof.
Secti on 5. 99. 060: Issuance of permit:
The director of code compliance within ten days after
receiving approval from the health officer and chief -of -police,
shall grant the permit only if he finds that all of the following
requirements have been met:
(a) The required fees have been paid;
(b) The application conforms in all respects to the
provisions of this chapter;
(c) The applicant has not knowingly made a material
misrepresentation of facts in the appl=cation;
(d) The applicant has fully cooperated in the investigation
of the application; and
lel The applicant, if an individual, or any of the
directors, officers or stockholders holding more than ten percent
of the limited partners, or profit interest holder, manager or
other person principally in charge of the operation of the
existing or proposed business of vending from pushcarts in the
City of Palm Desert or a natural person employed or contracted or
leased with to be an operator has not been convicted or pleaded
polo contenders or guilty within ;lve years pr=or to his
application for a perma r to a misdemeanor or felony crime of
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norai turpitude or drug -related misdemeanor or fe1 or. y crime,
.including but not limited to: the sale of a controlled substance
specified in California Health and Safety Code Section 110=4
throurti 1:058; the sale, distribution or display of harmful or
obscene matter; indecent exposure; selling or disposing of
lottery tickets; permitting gambling, pool selling or, bookmaking
or in the case of applications for an operator's permit, alcohol
or drug -related traffic offenses. The investigating city
employee is specifically authorized to obtain state summary
criminal history record information as provided for in Section
11105 of the California Penal Code. Any complaint for the above -
listed charges pending before a court of law shall cause the
application to be considered pending until adjudication of the
complaint.
Section 5. 99. 070: Permit term and renewal:
The term of vendor permit, unless sooner suspended or
revoked, shall be annual. Upon the expiration of such term, the
permittee may renew the permit by paying the renewal fee as
established by resolution of the city council. If there is
suostantial changes in the original application, then a new
application shall be required in conformance with Section
5.39.040.
Secti on 5. 99. 080: Denial of Dermi t :
(a) If the director of code compliance does not find that
all of the requirements set forth in Section 5.99.060 have been
,net, he shall deny the application for the permit. In the event
the application for the permit is denied by the director of code
compliance, written notice of such denial shall be given to the
applicant specifying the grounds of such denial. Nctice of
denial of the application for the permit shall be deemed to have
been served if it in fact, is personally served on the applicant
or when deposited in the United States mail with postage prepaid
and addressed to the applicant at his or her residence address as
set forth in the application for the permit.
fb) Any applicant whose application for a good vendor
permit has been denied, by the director of code compliance, may
appeal to the city council.
Secti on S. 99. 090: Revocation of Dermi t :
la: Any permit issued under this chapter may be suspended
or, revoked by the director of code compliance for any of the
fo:, j a_ n g reasons:
ORDINANCE NO. 670
(1) Falsehood of any information supplied by the permittee
upon which issuance of the permit was based;
(,''.) Failure of the permittee to promptly not_fy the
director of code compliance of any change occurring subseauent to
the issuance of the permit in the information supplied by the
permittee upon which the issuance of the permit was based;
(J) Failure of the permittee, or of any employees or
subcontractors of the permittee, or of any employees or
subcontractors of the permittee, to comply with the regulation, -
set forth in Section 5. 99.120 and 5. 99.130;
(4) Violation by the permittee, or any employee,
subcontractor or independent contractor of the permittee, of any
state law or municipal ordinance while in the course of
conducting vending operations from pushcarts pursuant to the
permz t ; or
(5) Any permittee whose permit is revoked shall not be
eligible to apply for a new permit for a period of one year
.following such revocation.
Section 5. 99. 100 Prohibited conduct:
(a) No vendor shall cause more than three pushcarts to
assemble, gather, collect or otherwise join for the purpose of
pickup and delivery by the vendor on any street, sidewalk,
highway or public place.
(b) No person shall vend from a pushcart within fifteen
hundred feet of the nearest property line of any school property,
or other location prohibited by an section of this code.
(c) No pushcart sha11 be at any one location for a period
of time exceeding ten (10) minutes at the request of a bcna-ride
purchaser.
Section 5.99.110: Pushcart regulations:
(a) Pushcarts shall not be stationed for purposes of
offering foods, beverage or product for the sale in any location
which creates an obstruction to the normal flow of vehicular or
peoestrian access, within ten feet of any intersection, dr_veway,
or building entrance-, or, in any space designed for vehicular
parking.
b) The maxi mum dimensions of any pushcart shall be six
feet an length and four feet in width.
(c) The only signs used in conjunction with a pushcart
snail be signs affixed to or painted on the pushcart or its
canopy.
(a) No artificial lighting of any pushcart is permit:mod.
s ei A refuse bin of at least one cubic foot tail be
provided in or on t.te pushcart.
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ORDINANCE NO. 6:0
(. So pens=n st.ai_ a=c::� -= c._ use, in conjunction with a
..=":. a2' ar:ouc=:+es,:er, pup' a --crass s;•stam, bells, chimes,
g. r-usr=ar- er.cs�x ==_a_i_ aut.-or=zed in residential
=rr=c:s.
Section 5. 99.120: Conductano as a nuisance:
An_v pushcart operStec the provisions of this
=.^aptar snail be anc the same zs .,2ereby declared to be unlawful
an-4 a public nuzsanc= and ::;e c_t art.�rrey may, in addition to
or in lieu of prosecuting a trz r_na_ action hereunder, commence
an actz on or actions, proceeoi: g or proceedings, for the
abatement, removal or en;oi:.%.enr :nereof, in the manner provided
b_v law, and may take such ot::er steps and may apply to such court
zr courts as may have jurzsoic z—n to grant such relief as will
abate or remove such est=blishmen= and restrain and enjoin any
person ircm operating a pus.;car- =ontrary to the provisions of
this chapter.
Section 5. 99. 125: Apolicabalat v of regulations to existing
business:
The provisions of this chap-er shall be applicable to all
persons and businesses descr_bec herein whether the herein
oescrzbed act=vities were established before or after the
effective date of the ordinance enact=ng this chapter into law.
All such persons and buzZnesses sna'1 have thirty (30) days from
said effec_ive date to i__e a completed application for a
vendor's vermi t wa th the dir=ctcr code compliance.
Section 5.99.130: Insurance - Required:
�t sna_1 be un;awz'u= io.- any owner or operator to operate a
=hc3r- or =ause t a sane __ peratec in the city and no
__sense for tree cperatzor.=.-er=c seal_ be granted unless there
_s on fllf with the cz t v cler. anz zn iu-�l force and effect at
a_1 time;• while suc.'7 pu-n ca_ - _= ceang operated, a policy of
_rsur3ncv.: approvec by- thr =z-, a--orney, with a solvent and
responsible company aut.,or:zec -o do business in the state
insuring the owner of such ;-usncar- against loss by reason of
_n;ury or oamace that .-a r=su1- =o =erscns or property from the
negl.zgenr operar__n of such
ORDINANCE NO. 670
Section 5.99.140: Insurance - Coverage, scope and limits
Of pOl4cy:
( a ) It is unlawful for any person to own, lease, operate or
cause or permit to be operated any food pushcart in the City of
Palm Desert unless such person has submitted with his application
for a permit a policy of insurance issued by a solvent
corporation holding a certificate of authority to do insurance
business in the state of California, which policy shall conform
in all respects to the requirements of this chapter.
(b) The required liability policy shall insure the owner,
and any other person using or responsible for the use of any
pushcart with the consent, expressed or implied, of such owner,
or person, against loss from the liability imposed upon such
owner, or person by law for injury to, or death or, any person,
or damage to property growing out of the maintenance, operation
or ownership of any food pushcart vehicle in an amount of one
million dollars combined single limit, no aggregate.
(c) Cancellation, termination, or reduction in coverage of
any insurance policy filed with the city pursuant to this chapter
shall be just cause for the city council to revoke the license.
(d) As a condition of being granted a license pursuant to
this chapter, the licensee shall promise, on, an application form
provided by the city, to indemnify and hold the city free and
harmless from any and all liability, claims, loss, damages, or
expenses, including attorneys' fees and court costs, arising by
reason of the death or injury of any person, including the
licensee or any person who is an employee or agent of the
licensee, or by reason of property damage to or destruction of
any property, including property owned by the licensee or any
person who is an employee or agent of the licensee.
(e) Every insurance policy and every certif-care of
liability insurance filed within the city pursuant to the
provisions of this chapter shall contain the following
endorsements:
(1) It is hereby understood and agreed that,
notwithstanding expressions consistent with or contrary thereto
in this policy contained, the policy is expressly issued to cover
a food pushcart regulated by the provisions of Chapter 10 of the
Palm Desert %lunicipal- Code. This policy shall inure to, and be
Yore the benefit and protection of, anyone who shall sustain any
damages or injury, or to the hears, personal representatives,
administrators, executors or assigns of any such person who may
be so damaged or injured of suffer death, by reason of the
operation of the food pushcarr venicie or from the aefecta ve
condition thereof. Luba-*-tr under this policy shad in no
manner be abrogated or abatec :);' :he ceath or dissolution of the
ansured;
ORDINANCE NO. 670
(-) There is continuing liability up to the full amount of
the policy, notvithstanding any. action or recovery thereon;
!31 No cancellation or reduction in coverage of this policy
for any reason whatsoever shall become effective until the
expiration of thirty days after Written notice of such
cancellation or reduction in coverage shall have been given to
the city clerk of the City of Palm Desert. Said period of thirty
da vs to commence running from the date said notice is actually
received in the office of the city clerk; and
(4) All such policies shall contain a provision naming the
c--t y as an additional insured.
Section 2: The City Clerk shall certify to the passage and
adoption of this ordinance and shall cause the same to be
published once in the Palm Desert Post, a newspaper of general
circulation, printed, published and circulated within the City of
Palm Desert, and the same shall be in full force and effect 30
days after its adoption.
PASSED, APPROVED, and ADOPTED this 12th day of March
195., by the City Council of the City of Palm Desert, California
by the following vote, to wit:
AYES: BENSON, CRITES, SNYDER, WILSON, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
R HARD S. KELLY, MA YOR
ATTEST:
SHEILA R. GILL IGAN C1 t y Clerk
CITY OF PALM DESE117
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