2759ORDINANCE NO. j
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 3 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING THERETO CHAPTER 3.49 AND INCLUDING
THEREIN SECTIONS 3.49.010 TO 3.49.090 BOTH
INCLUSIVE RELATING TO THE ISSUANCE OF PERMITS
FOR VENDORS TO DO BUSINESS DURING THE ANNUAL
HALLOWEEN PARADE AND FESTIVAL.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title 3 of the Anaheim Municipal Code be,
and the same is hereby, amended by adding thereto Chapter
3.49 reading as follows:
"CHAPTER 3.49
"ANNUAL HALLOWEEN PARADE AND FESTIVAL
ORDINANCE
"SECTION 3.49.010 PERMIT REQUIRED
"No person, firm, partnership or corporation shall display,
sell or peddle or engage in the business of selling or
peddling any goods, wares, merchandise, food items or
other things of value in the streets or on the sidewalks
or curbs of the City of Anaheim along the route of any
Halloween Parade during the Annual Halloween Parade and
Festival held in the City of Anaheim on the Friday and
Saturday nearest October 31st of each year, as determined
by the City Council, except as provided in this Chapter,
unless otherwise licensed under the provisions of this Code.
"SECTION 3.49.020 LICENSE DIVISION TO ISSUE PERMIT
"Permits for the temporary display, sale and peddling of
goods, wares, merchandise, food items or other things of
value in the streets or on the sidewalks or curbs of the
City of Anaheim along the route of any Halloween Parade
during the Annual Halloween Parade and Festival shall be
issued by the City License Division after approval of an
application for such permit as provided by Section 3.49.040
of this Chapter.
"SECTION 3.49.030 PERMITS, ISSUANCE
"Permits for the display, sale and peddling of goods,
wares, merchandise, food items or other things of value
in the streets or on the sidewalks or curbs of the City
of Anaheim along the route of any Halloween Parade dur-
ing the Annual Halloween Parade and Festival held in
the City of Anaheim on the Friday and Saturday nearest
October 31st of each year as determined by the City
Council, shall be issued only to charitable, fraternal,
patriotic, service, religious or school organizations
which have existed continuously in the City of Anaheim
for one year prior to the issuance of such permit. Each
organization shall be limited to one permit per year. Such
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permits shall not be transferable. Permits s`liall be
issued to organizations that submit to the City
License Division a roster of active meicbers showing
that the membership consists of at least 70% of per-
sons who reside in the City of 1naheimt. Disabled
veterans are exempt from the provisions of this
Chapter, if Qualified for exemption, as provided by
Section 16001 of the California Business and Pro-
fessions Code and Section 3.04.120 of the Anaheim
Municipal Code.
"SECTION 3.49.0 40 APPLICATIO` ' FOs P-2diI`l'
"Applications for such temporary permits shall
be made in writing and filed wit: tine City License
Division not later than October lst of each year, ana
shall state the name of the applicant, names of persons
who will actually handle and sell the goods, wares,
merchandise, food items or other things of value, and
the location where such goods,, wares, merchandise, food
items or other thins of value are to be sold. Appli-
cations by charitable, fraternal, patriotic, service,
religious or school organizations shall state the nave
of such organization and the name of the person or
organization to w1hich the proceeds will be donated or
otherwise received. Copies of said application shall
be sent to the Police Department and the Fire Der=art-
ment. 4
-SC`.i'IU` 3.49.05" FI.L,Ii,G FL, ;
"The application shall be accom-panied by a filing
fee payable to the City of 2,mah0i_-Ll in the sur,. of
Five _ _dollars (:5_.00 ) , no art
of �1i11C iT Si^.all be waiv c or ref-un6.ed .
.. `t*0.i'11"` 3.49.0`0) i�c>.t �S' _z _�li.': ;.�.� ani _ 1, i tw.1. Pi ... �I ry.':
Every p=....it for tL e dis"lay; sale or
peddling of goods, wares, merc_iarcaise, food ite !=s or
other tins s of value durinu the 1innual Halloween
Parade and Festival si_all exiAre on ivovember 5th of
the year for which said permit was approved and issued.
"SECTION 3.49.070 APP E�� FRO -j ". DE I%,L OF
"If the application for a temporary 1)4r.aAt ! e
disa�yDrov4d 0V the Cit77 License Division on the ground
that the provisions of t lis C,-iay tc!r_ ha.v no -*L- jDeen con
�1 iecj Ali 'iis , J �
t4zF�� a1_�.l' cuz_c ma�r� �a;�t.�. an a::-j_cal fro -i=i such
action by Pilin:,: a written notice of a; :real from sucia
denial with the City Council. Such written notice
shall be filed wits the Cit -,,7 Clcrs> witij.in ten (10)
days of the date of rece.i.-t by ti,le a _: Ii cant of written
notice of denial froft. ti -Le Cit -y License Division. "such
c ritten notice of a- .-)c:al shall set fort1 the reasons
for an-oeal fro.- tae denial of t'._�c: a°.,-lication.
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Upon receipt of a notice of appeal, a hearing shall
be set before the City Council not less than ten (10)
days, nor more than fifteen (15) days from the date
of the filinc, of the appeal. Upon such hearing, the
Council may deny the application or grant the appli-
cation upon such conditions as the Council may deem
proper.
SECTIOPi 3. 49 .080 SEV7E.1,1_-:Pjj3 I' Tr2V
lj� I
',If any section, subsection, sentence, clause
or phrase of this Chapter is for any reason held to
be unconstitutional or void, suclill, decision shall not
affect the validity of the remaining portions of this
Chapter. The City Council hereby declares that it
would have adopted and passed t3inlis Chapter and each
section, subsection, sentence, clause and ,erase
thereof irrespective of the -fact that any one or
more sections, subsections, sentences, clauses or
phrases be declared unconstitutional or void.
"SECTION 3.49.090 PENALTY FOR VIOLATIODS
"Any person who violates any of the provisions
of this Chapter is guilty of a misdemeanor and shall,
upon conviction thereof, be punishable by a fine, -not
exceeding Five hundred Dollars (1500.00), or by
ir.n)risonment in -the City or County jail not exceeding
six (6) months, or by both such fine and ir}-�Drisony.,Lent.
Failure of a peri Nittee to conform to all ay A,lica�le
provisions of this Chapter shall constitute grounds
.0
for denial of a subsequent perr.,,it under this Chapter."
SECTION 2.
The City ClerK, shall certizE,111 to the passacic of t.h.is
Ordinance and shall cause the same to be published once
within fifteen (15) days after its adoption, in the Anaheim
Bulletin, a newspaper of general circulation, printed,
published and circulated in said City and thirty (30) days
from and after its final passage it shall take effect and be
in full force.
1 , is aDDroved and signed by
THE FOREGOING O1ZDINA1-,CT`
me ti2is 16th day of December 19
0 0 THE CITY OF MIMEIPT�
ATTEST:
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.a*
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 2759 was introduced at
a regular meeting of the City Council of the City of Anaheim held on
the 9th day of December, 1969, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 16th day
of December, 1969, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 2759 on the 16th day of December,
1969.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of December, 1969.
L 2 � K ��
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
t!
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Ordinance No. 2759
and was published once in the Anaheim Bulletin on the 26th day of Dec-
ember, 1969.
City Clerk
VNQ