Loading...
HomeMy WebLinkAbout946 - Ordinance ORDINANCE NO. 946 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING SECTIONS 10.44.110, 12.04.010 AND ADDING A NEW CHAPTER 9.35 TO THE RANCHO CUCAMONGA MUNICIPAL CODE TO CREATE A SIDEWALK VENDING PROGRAM WHEREAS, Senate Bill ("SB") 946 was signed into law on September 17, 2018, and became effective January 1, 2019; WHEREAS, SB 946 limits the authority of cities and counties to regulate sidewalk vendors, except in accordance with California Government Code Sections 51038 and 51039; WHEREAS,the City of Rancho Cucamonga Municipal Code currently prohibits sidewalk vending, in conflict with SB 946; WHEREAS, the City Council finds that the establishment of a sidewalk vending program will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families, and by contributing to a diversity of food options and lively streets; WHEREAS, the City Council finds that the act of vending on sidewalks and other areas of the public right-of-way also creates the potential for increased safety hazards, such as, but not limited to,inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police,firefighter, and emergency medical personnel services; encouraging pedestrians to cross mid-block or stand in roadways to purchase food; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic; WHEREAS, the City Council finds that restrictions on sidewalk vending are needed to accommodate vendors and their equipment, while also safe-guarding the flow of pedestrian movement on sidewalks and in the public right-of-way, and ensuring no interference with the performance of police, firefighter, and emergency medical personnel services; WHEREAS, the City Council finds that the regulation of vendors engaged in the sale of food and food products will help to ensure that sidewalk vendors obtain all necessary permits and comply with applicable sanitation, food preparation, and food handling laws, and thereby will protect the public health and safety against health problems such as food contamination, poor hygienic practices, and the threat of food poisoning; WHEREAS, the City Council finds that regulations related to the collection and disposal of trash or other debris generated by sidewalk vending are necessary to ensure that such trash or debris is not left, thrown, discarded, or deposited on City streets, sidewalks, pathways, gutters, or storm drains, or upon public or private lots, so that the same might be or become a pollutant; WHEREAS, the City Council finds that restrictions on sidewalk vending in public parks is necessary to ensure the public's use and enjoyment of natural resources and recreational Ordinance No. 946 - Page 1 of 12 opportunities, and to prevent an undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of these parks; WHEREAS,the City Council finds that sidewalk vending may create hazards for sidewalk vendors, customers,pedestrians, vehicles,buildings, and other property because it can involve the movement of vending carts, some containing flammable liquids, through City streets, sidewalks, and pathways. Therefore, the City Council finds that the public welfare is furthered by requiring sidewalk vendors to carry basic insurance policies so that sidewalk vendors and third parties are protected against the risk of loss or injury and are able to repair potential damages; and WHEREAS, the City Council finds that, because sidewalk vending is typically transient in nature, the City, law enforcement, and other health and safety regulators, are less able to hold sidewalk vending businesses accountable for health and safety violations than other businesses operating from fixed locations. Therefore, the City Council finds that it is necessary to establish regulations for the identification of applicants and restricting permits from those persons with records of certain criminal conduct that pose a threat to public safety; and WHEREAS, the City Council finds that the restriction on interactions between sidewalk vendors and persons in moving vehicles furthers traffic safety because drivers can be distracted by sidewalk vendors who approach their vehicles. Such interactions can result in traffic accidents; and WHEREAS, the City Council finds the placement of temporary signs, shade structures, display racks, vending carts and other accessories in the right-of-way may create hazards for the public, particularly in periods of high winds or other weather conditions, because they can fall down, blow away, or interfere with pedestrian access. Therefore, the City Council finds that it is necessary to limit the size and height of such items to protect public safety and welfare; and WHEREAS, the City Council finds young people in the community are susceptible to distraction while at school or to fraudulent business conduct. To promote the welfare of children while they are near schools, it is necessary to regulate commercial activity near locations which have high concentrations of unsupervised youth, such as in the vicinity of schools before and after class hours; and WHEREAS, the City Council adopts this Ordinance under the authority provided in SB 946, and finds that the time, place, and manner regulations and requirements provided herein are directly related to the City's purpose of protecting the health, safety, and welfare of its residents, businesses and visitors. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: Section L A new Chapter 9.35 ("SIDEWALK VENDING") of Title 9 ("PUBLIC PEACE, MORALS AND WELFARE") is hereby added to the Rancho Cucamonga Municipal Code to read as follows: Ordinance No. 946 - Page 2 of 12 "Chapter 9.35 SIDEWALK VENDING 9.35.010 Definitions. 9.35.020 Permit Required. 9.35.030 Permit Application. 9.35.040 Application Investigation and Criteria for Approval or Denial of Permit. 9.35.050 Permit Expiration and Renewal. 9.35.060 Permit Revocation. 9.35.070 Appeals. 9.35.080 Permits Nontransferable. 9.35.090 Operating Requirements. 9.35.100 Administrative Citations. 9.35.010 Definitions.The following words and phrases,whenever used in this Chapter,shall mean as follows: "Certified farmers' market"means a location operated in accordance with Chapter 10.5 of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. "Director" means the Finance Director of the City of Rancho Cucamonga. "Person" shall mean one or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager,lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity. "Residential zoning district" means base zoning districts of Very Low Residential (VL), Low Residential (L), Low Medium Residential (LM), Medium Residential (M), and High Residential (H). "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. "Sidewalk vendor" means a person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location. "Swap meet" means a location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article. "Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit,for purposes including,but not limited to, filming, parades, or outdoor concerns. "Vend" or "vending" means to sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise. Ordinance No. 946 - Page 3 of 12 "Vending cart" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used for vending, that is not a vehicle as defined in the California Vehicle Code. 9.35.020 Permit Required.No person, either for themselves or any other person, shall conduct or engage in sidewalk vending within the City without first obtaining a sidewalk vending permit pursuant to this Chapter. 9.35.030 Permit Application. To apply for a sidewalk vending permit, a person must file an application with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; C. A description of the food or merchandise offered for sale; D. Whether the applicant intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor; E. A copy of a valid business license issued pursuant to Chapter 5.04 of the Rancho Cucamonga Municipal Code; F. A California seller's permit number pursuant to Section 6067 of the Revenue and Taxation Code; G. An executed agreement indemnifying and holding the City and its employees, officers and agents harmless from any damages or other liability arising from use of the permit; H. Proof of liability insurance for the term of the permit covering all operations of the applicant, any designated agents and all employees containing an endorsement naming the City as additional insured, and which shall be in such generally applicable minimum limits as set by the City's Risk Manager; I. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief; J. If a vendor of food or food products, certification to completion of a food handler course and proof of all required approvals from the San Bernardino County Department of Public Health; K. The applicant shall provide two passport size photographs,be fingerprinted by the Rancho Cucamonga Police Department, and authorize a criminal record check to be conducted with all applicable fees paid by the applicant; and Ordinance No. 946 - Page 4 of 12 L. Any other reasonable information regarding the time, place, and manner of the proposed vending. 9.35.040 Application Investigation and Criteria for Approval or Denial of Permit. Upon receipt of a completed application,the Director, or his or her designee, shall cause an investigation of the applicant and the application as submitted. The investigation shall be completed in a timely manner as follows and the applicant shall be notified of the result in writing in a timely manner: A. The applicant shall submit to Livescan or similar fingerprint means of identification and verification of the information provided. The applicant shall be required to pay the established fees for such service in addition to the permit fee. B. If, as a result of this investigation, the applicant is found to satisfy all of the requirements of Section 9.35.030 and no grounds for denial exist, the application shall be approved and a sidewalk vending permit shall be issued to the applicant. The permit shall contain the name,business or residential address of the permittee, a description of the type of goods or services to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the issuing officer. C. A permit application may be denied for any of the following reasons: a. Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail; b. The applicant failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; c. Conviction of a misdemeanor or felony involving fraud, theft, dishonesty, sales of prohibited substances, or injury to any person within the previous ten (10) years, or any misdemeanor or felony for which the applicant is required to register pursuant to Penal Code § 290; d. The applicant has previously held a sidewalk vending permit which was revoked by the City prior to the permit's expiration date; e. The applicant has failed to pay any previous administrative fines, complete any community service, and/or complete any other alternative disposition associated with a previous violation of this Chapter; or f. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 9.35.090. If the permit is denied, written notice of such denial and the reasons therefore shall be provided to the applicant. 9.35.050 Permit Expiration and Renewal. A sidewalk vending permit shall be valid for twelve (12) months from the date of issuance, and shall expire and become null and void on the anniversary of its issuance. A person may apply for a permit renewal on a form provided by the Ordinance No. 946 - Page 5 of 12 City prior to the expiration of his or her active sidewalk vending permit. The applicant shall be required to pay the administrative fee for the permit renewal in the amount established by City Council resolution at the time the application is filed. 9.35.060 Permit Revocation. The Director may revoke a permit issued to a sidewalk vendor for a fourth violation or subsequent violation of this Chapter. A sidewalk vendor whose permit is revoked may apply for a new sidewalk vending permit upon the expiration of the term of the revoked permit. 9.35.070 Appeals. Any person aggrieved by the decision of the Director to issue, deny issuance, or revoke a sidewalk vending permit may appeal the decision in writing with the City Clerk within fifteen (15) days following the date of the Director's decision. The appellant shall pay a non- refundable fee in an amount established by resolution of the City Council for such appeal. The City Clerk shall schedule an appeal hearing with the City Manager or his or her designee within fifteen (15) days of an appeal being filed. The decision of the City Manager or the designee shall be final. 9.35.080 Permits Nontransferable. No permit granted pursuant to this Chapter shall be transferable. 9.35.090 Operating Requirements. Sidewalk vendors shall comply with the following: A. No sidewalk vendor shall vend in the following locations: 1. Within fifteen (15) feet of any street intersection; 2. Within ten (10) feet of any fire hydrant or other emergency facility; 3. Within ten (10) feet of any driveway or driveway apron; 4. Upon or within any roadway, median strip, dividing section or in the extended line of the "clear visibility triangle", as defined in Section 17.126.020 and depicted in Figure 9.35.090.A.; F -. R.^ad Eight—^f—'Nay I I I Lina a Edge of Driveway. -. No v ndirg alawad hatchad arca. Road Right—ot—Way Line 't" FIGURE 9.35.090.A. EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE 5. Within two hundred (200) feet of a police station or fire station. Ordinance No. 946 - Page 6 of 12 6. Within 500 feet of a permitted certified farmers' market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers' market or swap meet, or the limited duration of the temporary special permit. B. No sidewalk vendor shall vend in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than four(4) feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices; C. Sidewalk vendors shall not vend in any area that obstructs traffic, diminishes available parking, or in a manner to entice or cause drivers of vehicles to stop in traffic lanes; D. Sidewalk vendors shall not vend, sell, or interact with customers in vehicles which are operating or located within a designated roadway or thoroughfare; E. Sidewalk vending is permitted between the hours of 8:00 a.m. and 10:00 p.m.,daily, except as follows: 1. In residential zoning districts, roaming sidewalk vending shall be permitted between the hours of 8:00 a.m. and 8:00 p.m. 2. Within 1,000 feet of any public or private school, vending shall not be permitted between the hours of 7:00 a.m. and 4:00 p.m. on any day when school is in session. 3. In non-residential zoning districts,the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street. F. Stationary sidewalk vendors shall not vend in residential zoning districts. G. Roaming sidewalk vendors shall stop only to complete transactions and shall remain stationary for aperiod of not to exceed 10 minutes, moving a minimum of fifty (50) feet from the location to commence additional sales. H. Sidewalk vendors shall display not more than one sign containing two display faces and that sign shall not be in excess of eight (8) square feet nor exceed eight (8) feet in height measured from the ground. I. Vending carts shall not exceed a length of four (4)feet, a width of four (4) feet, or a height of eight (8) feet, excluding any attached litter receptacle. J. Vending carts, signs, merchandise or other property shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to, poles, posts, permitted signs, utility boxes, trees, fire hydrants, benches, bus shelters, newsstands, trash receptacles, or other objects on public property or in the public right-of-way. K. Any device or structure used to produce shade shall be less than sixty (60) square feet in area, not to exceed eight (8) feet in height when measured from the ground, and must be Ordinance No. 946 - Page 7 of 12 freestanding, carried by the vendor or affixed only to the cart or equipment of the vendor. Such devices shall not be utilized or shall be removed immediately when weather or other factors would cause such devices to become hazardous. L. Sidewalk vendors shall provide a trash receptacle for customers and ensure proper disposal of customer trash. Prior to leaving any vending location,the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor's customers within a twenty-five (25) foot radius of the vending location. M. Vendors of food or food products shall possess and display in a conspicuous location on the vending cart a valid Health Permit and decal sticker from San Bernardino County Department of Public Health, and all employees handling food shall possess a current San Bernardino County food handler card. N. Sidewalk vendors shall possess and display at all times while vending a valid permit issued pursuant to this Chapter, as well as any other permit or license required by the City and any other appropriate governmental agency. O. Sidewalk vendors shall not sell, attempt to sell, display or otherwise offer any goods or services which are not stated on the sidewalk vending permit. P. Sidewalk vendors shall not sell, attempt to sell, display or otherwise offer lottery tickets, alcohol, cannabis, adult oriented material, tobacco or electronic cigarette products, illegal or counterfeit merchandise. Q. Sidewalk vendors shall comply with all applicable state and local laws, including without limitation state food preparation, handling, and labeling requirements, fire codes and regulations, noise standards, the California Vehicle Code, and the Americans with Disabilities Act of 1990 and other disability access standards (both state and Federal). R. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property. S. Vending carts or merchandise shall not be left unattended. T. Within City parks, sidewalk vendors shall additionally comply with the following: 1. Sidewalk vendors shall operate in any City park only during normal hours of park operation. 2. Sidewalk vendors shall not utilize any noise or light producing device which would unreasonably interfere with the enjoyment of the park by others. 3. Stationary sidewalk vendors shall not establish a location for operation and roaming sidewalk vendors shall not commence any sale within fifty (50) feet of any playground, athletic court, athletic field, recreational equipment, water feature, cycling trail, picnic table, restroom facility or permanent structure subject to reservation by the public. Ordinance No. 946 - Page 8 of 12 4. Vehicles used to deliver goods, merchandise, food, personnel or in any other way support sidewalk vending shall be maneuvered and parked only in areas accessible to the general public for driving and parking. Vehicles in the park in support of sidewalk vending shall not be maneuvered on or across pathways, sidewalks, turf areas, planters, maintenance roads or in any manner detrimental to park infrastructure or the safety of the public. 5. Stationary sidewalk vendors shall not vend at any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire. U. Sidewalk vendors shall not operate in any area closed to sidewalk vending designated in a resolution of the City Council where the closure is directly related to objective health, safety, or welfare concerns. 9.35.100 Administrative Citations. A. A violation of this Chapter by a sidewalk vendor who has a valid sidewalk vending permit from the City is punishable only by an administrative citation pursuant to Chapter 1.12, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars 500 for each additional violation within one year of the first ( ) Y violation. B. A person engaged in sidewalk vending without a valid City sidewalk vending permit is punishable by an administrative citation pursuant to Chapter 1.12 in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 1. Two hundred fifty dollars ($250) for a first violation. 2. Five hundred dollars ($500) for a second violation within one year of the first violation. 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid sidewalk vending permit issued by the City, the administrative citations set forth in this paragraph shall be reduced to amounts set forth in paragraph A. C. A violation of this Chapter shall not be punishable as an infraction or misdemeanor. No person alleged to have violated the provisions herein shall be subject to arrest except when otherwise permitted by law. Ordinance No. 946 - Page 9 of 12 D. Failure to pay an administrative citation issued pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. E. When assessing administrative citations pursuant to this Section, the hearing officer shall take into consideration the person's ability to pay the fine.The City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. F. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of an administrative citation imposed pursuant to this Chapter. G. The hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." Section 2. Section 10.44.110 ("Unlawful parking; peddlers, vendors") of Chapter 10.44 ("STOPPING, STANDING OR PARKING IN SPECIFIED PLACES") of Title 10 ("VEHICLES AND TRAFFIC") of the Rancho Cucamonga Municipal Code is hereby amended in its entirety to read as follows: "A. Except as otherwise provided in this section, no person shall stand or park any vehicle, or pushcart from which goods, wares, merchandise or food are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this city except that such vehicles, or pushcarts, may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten minutes at any one place. The provisions of this subsection shall not apply to persons operating as a stationary sidewalk vendor pursuant to a valid sidewalk vending permit issued in accordance with Chapter 9.35, or to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution. B. No person shall park or stand on any street any lunch wagon, food truck, or vehicle from which articles of food are sold or offered for sale, without first obtaining a written permit to do so from the city traffic engineer which shall designate specific location where such vehicle shall stand. C. No person shall park or stand any vehicle used or intended to be used in the transportation of property for hire on any street while awaiting patronage for such vehicle without first obtaining a written permit to do so from the city traffic engineer which shall designate specific location where such vehicle may stand. D. Whenever any permit is granted under the provisions of this section and a particular location to park or stand is specified herein, no person shall park or stand any vehicle or Ordinance No. 946 - Page 10 of 12 pushcart on any location other than as designated in such permit. In the event that the holder of any such permit is convicted in any court jurisdiction for violating any of the provisions of this section, the permit shall be forthwith revoked by the city traffic engineer upon the filing of the record of such conviction with such officer and no permit shall thereafter be issued to such person until six months have elapsed from the date of such revocation. E. Notwithstanding any other provision of this section to the contrary, no person shall park, stop or stand any vehicle or pushcart upon any street of the city for the purposes of selling any food or beverage from such vehicle or pushcart within 1,000 feet of and from the exterior boundary of property used or occupied by any public or private school within the city between the hours of 7:00 a.m. and 4:00 p.m., inclusive, on days when school is in session. This subsection shall not apply to delivery of food or beverages solely to householders or business establishments. F. A violation of this section by a sidewalk vendor, as defined in Section 9.35.010, is punishable in accordance with Section 9.35.100." Section 3. Subsection Q. of Section 12.04.010 ("Community services regulations") of Chapter 12.04 ("COMMUNITY SERVICES REGULATIONS") of Title 12 ("STREETS, SIDEWALKS,AND PUBLIC PLACES") of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Q.Sell or offer for sale any merchandise, article or thing of any kind or nature, including professional services, except in accordance with a sidewalk vending permit issued in accordance with Chapter 9.35, as specifically authorized in writing by the city manager or his or her designee, or pursuant to an agreement approved by the city council." Section 4. CEQA. The City Council finds and determines that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. Accordingly, this Ordinance is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378 of Division 6 of Title 14 of the California Code of Regulations. Section S. Severability. 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. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this ordinance to be published and/or posted as required by law. Ordinance No. 946 - Page 11 of 12 PASSED, APPROVED, AND ADOPTED this 3W day of April, 2019. ATTEST: MD& s Michael, ayor J ce C. Reynolds, ClLyrk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) 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 City Council of the City of Rancho Cucamonga held on the 201h day of March 2019, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 3rd day of April 2019. AYES: Hutchison, Kennedy, Michael, Scott and Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 4th day of April 2019, at Rancho Cucamonga, California. Qlxk�k , L ice C. Reynold, Clerk Ordinance No. 946 - Page 12 of 12