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HomeMy WebLinkAbout808 - OrdinancesORDINANCE NO. 808 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING REGULATIONS RELATING TO THE SALES OF GOODS AND MERCHANDISE FROM VEHICLES, AND AMENDING TITLE 8 OF THE RANCHO CUCAMONGA MUNICIPAL CODE The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. Anew Chapter 8.40 is hereby added to Title 8 of the Rancho Cucamonga Municipal Code to read as follows: "Chapter 8.40 "SALES OF GOODS OR MERCHANDISE FROM VEHICLES Sections: 8.40.010 Definitions 8.40.020 Conditions and prohibitions 8.40.030 Operator permits 8.40.040 Suspension and revocation of permit 8.40.050 Sound from vehicles 8.40.060 Prohibited sales 8.40.070 Health permit 8.40.080 Restricted locations 8.40.090 Trash 8.40.100 Conditions and duration of stops 8.40.110 Hours of operation 8.40.120 Exemptions 8.40.010 Definitions. For purposes of this Chapter, the following words and terms shall have the meanings set forth below: A. 'Goods' or 'merchandise' means and includes items and tangible things and products of every kind and description, including any food, produce, and/or beverage items. B. 'Human powered device' shall mean any device moved by human power including, but not limited to, any pushcart, wagon, bicycle, tricycle, or other wheeled device or conveyance. Ordinance No. 808 Page 2 of 9 C. 'Operator' shall mean any person or entity owning a ten percent (10%) or greater interest in, or operating or otherwise controlling, any business involving the vending of goods or merchandise from a vehicle. For purposes of enforcement of this Chapter, any violation of law committed in connection with vending by a vendor, shall be imputed to and deemed to be a violation of the operator on whose behalf or for whose benefit the vendor was vending when the violation occurred. D. 'Person' shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature. E. 'Public property' shall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Rancho Cucamonga other than a street, alley, parkway, or sidewalk. F. 'Vehicle' shall mean a motor vehicle as defined in the Vehicle Code of the State of California, utilized or intended to be utilized for the purpose of vending, and shall not include any human powered device. G. 'Vend' or 'vending' shall mean the sale or offering for sale of any goods or merchandise to the public from a vehicle on a public street, private street open to the public, or other public property. H. 'Vendor' shall mean any operator, and/or any employee, independent contractor, or other person acting on behalf of or for the benefit of an operator, who engages in the act of vending or who drives or otherwise operates any vehicle for the purpose of vending therefrom. 8.40.020 Conditions and prohibitions. A. It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of, or offering for sale, any goods or merchandise from any vehicle parked, stopped, or standing upon any public street or private street open to the public, except in accordance with all applicable provisions of this Code, all State and federal laws and regulations, and in compliance with each of the following requirements: (1) Such vending shall be only by means of a vehicle duly registered and licensed by the State of California with an unladen weight of less than six thousand (6,000) pounds. (2) Each vendor shall possess and at all times display in conspicuous view upon each vehicle the actual business name and Ordinance No. 808 Page 3 of 9 (3) Each vendor shall possess and display upon request by any potential customer or City representative, an Operator's Permit issued pursuant to this Chapter, or a full, true and correct copy thereof. 8.40.030 Operator permits. A. Any person desiring to obtain an operator's permit to conduct or otherwise operate the business of vending goods or merchandise from a vehicle pursuant to this Chapter shall file an application with the City Finance Director. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be valid for one (1) year from date of issuance. The permit may be renewed annually, subject to filing of anew application and payment of a new application fee. Each permit applicant shall furnish the following information and documentation in the application: (1) The street address where the office of the business is or will be located; (2) The full, true name under which the business will be conducted; (3) The full, true name and any other names used by the applicant; (4) The present residence and business addresses and telephone numbers of the applicant, each ten percent (10%) or greater owner of the business, and all persons who will act as a vendor for the applicant, whether as an employee, contractor, or otherwise; (5) A detailed description of the goods or merchandise which the applicant will vend; ' (6) The make, body style, year, VIN number, State license plate number, and names and addresses of each registered and legal owner of each vehicle; (7) A description of the logo, color scheme, insignia, and any other distinguishing characteristics identifying applicant's business that will appear on each vehicle; (8) The name, residential address, and telephone number of the individual(s) primarily responsible for managing the day to day operation of the vending business and/or performing any vending on behalf of the operator; and (g) Evidence of compliance with the insurance requirements of the California Vehicle Code as to each vehicle; and Ordinance No. 808 Page 4 of 9 (10) Whether or not any vendor of the operator who vends or may vend any products to minors if the permit is issued, is required to register pursuant to California Penal Code Section 290; or has, within the previous five (5) years, been convicted of any crime involving conduct which requires registration under any state, federal or territorial law similar to and including California Penal Code 'Section 290, or conduct which is a violation of the provisions of any state, federal or territorial law similar to and including California Penal Code Section 266(h), 266(i), 314, 315, 316, 318, 647(a), (b), or (d), or 647(f) where the violation occurred while vending, or has been convicted of any crime where the victim was a minor, or of any crime for which the prosecutor accepted a plea to violation of California Penal Code Section 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the foregoing crimes, or ,has been convicted of any crime committed in the course of vending. In determining if the applicant pled to a lesser included or related offense or any ,other offense in lieu of any of the foregoing code sections or crimes, pursuant to 'any provision of this Section, the Chief of Police, and any person considering this smatter on appeal, may consider the underlying facts resulting in the arrest (regardless of the charge for which the applicant was convicted. For the purposes of this chapter, 'conviction' means and includes a conviction pursuant to a plea of guilty or nolo contendere. If required by the Chief of Police, the applicant's vendors, and the applicant if he or she will vend, shall provide a set of fingerprints or be processed by Live Scan or similar process to obtain fingerprints, in order to verify criminal background information provided. B. The Finance Director shall be authorized to investigate the (truth of the facts set forth in the application. Each application shall be approved or denied within sixty (60) days of receipt of a complete application provided, however, that a decision may be delayed by an additional thirty (30) days when the Finance Director's investigation cannot Abe completed within the initial sixty (60) day period. The permit will be granted unless any substantive fact or representation in the application is found to be absent or false, or if any vendor of the applicant or the applicant acting as a vendor is required to register pursuant to California Penal Code Section 290 or has been convicted within the previous five (5) years of any of the offenses listed in Section 8.40.030 A.10, or there is substantial evidence present indicating (that granting of the permit would likely present a realistic threat to the ,public health or safety. Any applicant denied a permit will be given written notice of the denial. Such notice shall be given in the manner specified in Section 8.40.040. Any applicant denied a permit may appeal the denial by filing a written appeal with the City Manager within ten (10) business days of the date of the notice of denial. If a timely appeal is filed, the applicant (shall be given notice of a hearing to be held before the City Manager, or ,designee, within thirty (30) days of the date of said notice. Following such Ordinance No. 808 Page 5 of 9 hearing, the City Manager, or designee, may reverse, modify or affirm the decision of the Finance Director to deny the application. The decision of the City Manager or designee shall be final. C. Each permittee shall notify the Finance Director, in writing, within ten (10) business days of any change in the required application information. 8.40.040 Suspension and revocation of permit. A. Any operator's permit may be temporarily suspended, or revoked, by the Finance Director for any of the following reasons: (1) Provision of false information on the permit application; (2) Failure of the permittee to notify the Finance Director within ten (10) business days of any change in the information supplied by the permittee upon which issuance of the permit was based, occurring subsequent to the issuance of the permit; (3) There is substantial evidence of a violation by the permittee, any employee, subcontractor of the permittee, or any other person acting on the permittee's behalf, committed a violation of this Chapter or any other local, state, or federal law constituting a misdemeanor or felony while in the course of conducting vending operations pursuant to the permit. (4) While in the course of vending, driving of a vehicle by a vendor not possessing a valid driver's license, or operation of a vehicle found by police inspection to be unsafe and in violation of the California Vehicle Code. (5) The permittee no longer satisfies the operator permit approval criteria set forth in Section 8.40.030 B. (6) Vending in any way or manner, or of any goods or product, so as to cause an identifiable risk of harm to the public. B. Written notice of suspension or revocation, setting forth the grounds for suspension or revocation, shall be served on the offending permittee. The notice shall advise the permittee of the right to file a written appeal and be heard at a hearing, provided such appeal is filed with the City Manager within ten (10) business days of the date of the notice. Upon receipt of a timely appeal, the permittee shall be given notice of a hearing to be held before the City Manager, or designee, within thirty (30) days of the date of said notice. The City Manager, or designee, may reverse, modify or affirm the decision of the Finance Director. Unless Ordinance No. 808 Page 6 of 9 immediate suspension is necessary to prevent a significant and immediate risk to the public health and safety, a suspension or revocation shall be stayed until expiration of the appeal period or the decision on the appeal. The decision of the City Manager or designee shall be final. C. No person whose permit is revoked shall be eligible to apply for an new permit for a period of one year following such revocation. D. Notices required or permitted to be served pursuant to Sections 8.40.030 or 8:40.040 may be served personally, or by mailing by certified or registered mail with proof of delivery at the residential address of record, or by licensed courier or delivery service with proof of personal delivery, or in any other manner provided by law. 8.40.050 Sound from vehicles. Any use of amplified sound-making devices, to advertise, draw attention to, or announce the presence of a vendor shall also comply with all applicable noise and sound regulations effective within the City. 8.40.060 Prohibited sales. It is unlawful for any vendor or operator to sell any item or thing which is otherwise prohibited from being sold within the City including, but not limited to, fireworks and/or any goods or products not identified in the application for an operator's permit. 8.40.070 Health permit. Each vendor and operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle. 8.40.080 Restricted locations. A. Vending is permitted only on public streets or private streets open to the public, and is not permitted in or upon any alley, parkway, sidewalk, or other kind of public property. B. No vending from such vehicle shall be permitted within sixty feet (60') of any intersection of two or more streets or within one thousand feet (1,000') of any public or private elementary, junior high, or high school. C. No vending from such vehicle shall be permitted at any public park unless the vendor has applied for and received a written endorsement on the operator permit expressly authorizing such vending. Ordinance No. 808 Page 7 of 9 For purposes of vending within any park, this endorsement shall serve as the permit required pursuant to subsection 'O' of Section 12.04.010 of the Rancho Cucamonga Municipal Code. Any vendor denied an endorsement may appeal such denial pursuant to subsection 'B' of Section 8.40.030 of this Chapter. 8.40.090 Trash. A. Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by vending therefrom. B. Each vendor shall pick up and deposit in the trash receptacle on the vehicle all paper, cups, wrapper, litter, or other refuse of any kind that was a part of the goods or merchandise supplied from the vehicle and which has been left or abandoned within twenty-five feet (25') of such vehicle on any public property, other than in a trash receptacle provided for such purposes. No person shall dispose of any trash or refuse from vending operations in any such public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of the vendor or operator. 8.40.100 Conditions and duration of stops. A. No vending shall be permitted for a period of time in excess of ten (10) minutes in any one location. Such vehicle must be moved a distance of not less than one hundred feet (100') between consecutive stops where vending occurs. B. No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. C. No vending shall be permitted until the vehicle has been brought to a complete stop and lawfully parked adjacent to the curb. 8.40.110 Hours of operation. Vending is permitted only between the hours of eight a.m. and six p.m. of any day. Ordinance No. 808 Page 8 of 9 8.40.120 Exemptions. The requirements of this Chapter shall not apply to A. Any person delivering any goods or merchandise by vehicle where such goods or merchandise have been ordered in advance for such delivery from any business located at a permanent location. B. Any person vending where such person has been authorized to engage in such activity by a permit, lease, real property license, agreement, or other entitlement issued by the City, State or federal government for such purpose. C. Any person exempted from the provisions of this Chapter by any local, state or federal law, regulation or statute." Section 2. Penalties. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or any provision of the chapter hereby adopted. Any person, firm, partnership or corporation violating any provisions of this Ordinance or any provision of the chapter hereby adopted, or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding six (8) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or said chapters is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. Section 3. Severability. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or Chapter adopted thereby be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and Chapter shall remain in full force and effect. Section 4. The City Clerk shall certify to the adoption of this Ordinance. Please see the following page /or Iormal adoption, certi!lcatbn end signatures Ordinance No. 808 Page 9 of 9 PASSED, APPROVED, AND ADOPTED this 18th day of February 2009. AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None ATTEST: ~lanice C. Reynolds, Ci Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4th day of February 2009, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day of February 2009. Executed this 19th day of February 2009, at Rancho Cucamonga, California. ~anice C. Reynolds, Cify Clerk