HomeMy WebLinkAboutORD 677ORDINANCE NO. 677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALLFORNIA, REGULATING FOOD
SALE FROM PUSHCARTS.
WHEREAS, The City Council of the City o.f 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 Defini tions.
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 ren a wal .
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: Definitions:
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
oxfered for sale to the public.
(b) 'Vend" or "vending" means offering food, beverage, or
product of any kind for sale from a pushcart on any sidewalk,
street, alley, highway 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 operation of
pusr.cart(s) vending food, beverage or product;
ORDINANCE NO. 677
(j) If the applicant is a corporation, either foreign or
aomestic, 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
appiicant and telephone numbers of the applicant;
(5) A description of the merchandise which the pushcarts
w.i l l 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
pusncarts;
(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 shoe the name and residence address of each of
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
srancl2ise revofced or suspended in this or any other city, county
or state? If so, state the circumstances of such suspension or
revocation;
(11 ) The applicant, 1f 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;
cb) ;he nature of the business or firm for the three-year
per.zod immediately preceding the date of the application; and
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ORDINANCE NO. 677
moral turpitude or drug -related misdemeanor or felony crime,
including but not limited to: -the sale of a controlled substance
specified in California Health and Safety Code Section 11054
through 11058; 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.
Secti on 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 renev the permit by paying the renewal fee as
established by resolution of the city council. If there is
substantial changes in the original application, then a nev
application shall be required in conformance vith Section
5.99.040.
Section 5. 99. 080: Denial of Permit:
(a) If the director of code compliance does not find that
all of the requirements set forth in Section 5.99.060 have been
met, 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. Notice 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 vhen deposited in the United States mail vith postage prepaid
and addreArsed to the applicant at his or her residence address as
set forth in the application for the permit.
(b) Any applicant whose application for a good vendor
permit has been denied, by the director of code compliance, may
appeal to the city council.
Section 5. 99. 090: Revocation of Permit:
(a) Any permit issued under this chapter may be suspended
or revoked by the director of code compliance for any of the
folloving reasons:
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ORDINANCE NO. 677
(f) No person shall affix to or use, in conjunction with a
pushcart any loudspeaker, publiq address system, bells, chimes,
or other sound -making device.
(g) Pushcart vending is solely, authorized in residential
districts.
Section 5.99.120: Conductina as a nuisance:
Any pushcart operated contrary to the provisions of this
chapter shall be and the same is hereby declared to be unlawful
and a public nuisance and the city attorney may, in addition to
or in lieu of prosecuting a criminal action hereunder, commence
an action or actions, proceeding or proceedings, for the
abatement, removal or enjoinment thereof, in the manner provided
by law, and may take such other steps and may apply to such court
or courts as may have jurisdiction to grant such relief as will
abate or remove such establishment and restrain and enjoin any
person from operating a pushcart contrary to the provisions of
this chapter.
Section 5.99.125: Avolicability of reoulations to existing
business:
The provisions of this chapter shall be applicable to all
persons and businesses described herein whether the herein
described activities were established before or after the
effective date of the ordinance enacting this chapter into law.
All such persons and businesses shall have thirty (30) days from
said effective date to file a completed application for a
vendor's permit with the director of code compliance.
Section 5.99.130: Insurance - Reguired:
It shall be unlawful for any owner or operator to operate a
pushcart or cause the same to be operated in the city and no
license for the operation thereof shall be granted unless there
Is on file with the city clerk and in full force and effect at
all times_ while such push cart is being operated, a policy of
insurance, approved by- the city attorney, with a solvent and
responsible company authorized to do business in the state
Insuring the owner of such pushcart against loss by reason of
injury or damage that may result to persons or property from the
negligent operation of such pushcart.
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ORDINANCE NO. 677
(2) There is continuing liability up to the full amount of
the policy, notwi thstanding any action or recovery thereon;
(3) 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
days 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
city as an additional insured.
Section 2: The City Council does hereby determine this
ordinance to be an urgency ordinance and the same shall take
effect immediately upon its passage because of the exposure of
school children being attracted to the vehicles and carts in and
around school areas and students being subjected to potential
hazardous conditions. In the interests of protecting the public
health, safety and welfare of its citizens, the Ci t y Council
determines that this ordinance shall be effective immediately.
Section 3: 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
1992, by the City Council of the City of Palm Desert, California
by the loll owing vote, to wit:
A YES: BENSON, CRI TES, SNYDER, WILSON, KELL Y
NOES. NONE
ABSENT: NONE
ABSTAIN: NONE
SHEILA R. GILIJIGAN, Cig Clerk
CITY OF PALM DESERT
9
RICHARD