4725FOLLOWS:
ORDINANCE NO. 4725
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 14.32.310 OF CHAPTER 14.32 OF TITLE
14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
VENDING FROM VEHICLES.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Section 14.32.310 of Chapter 14.32 of Title 14 of the
Anaheim Municipal Code be, and the same is, hereby amended to read
as follows:
1114.32.310 SALE OF GOODS OR MERCHANDISE BY VEHICLE.
.010 Sales from Human Powered Devices Prohibited.
It is unlawful for any person to sell or offer for
sale, or operate a human powered device or conduct any business
for the purpose of causing the sale of or offering for sale, any
goods or merchandise from any human powered device parked,
stopped, or standing upon any public street, alley, parkway,
sidewalk or other public property in the City of Anaheim.
.020 Regulations for Sales from Vehicles.
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, alley, parkway, sidewalk, or other
public property in the City of Anaheim except in accordance with
all applicable provisions of this Code and in compliance with
each of the following requirements:
.0201 Such vending shall be only by means of a vehicle
duly registered and licensed by the State of California.
.0202 Such vending shall be limited to public streets
only and shall not be permitted upon any alley, parkway,
sidewalk, or other public property.
.0203 Each operator shall possess and at all times
display in conspicuous view upon each such vehicle a City of
Anaheim business license issued pursuant to Title 3 of this Code.
.0204 Each operator shall possess and at all times
display in conspicuous view upon such vehicle an unexpired and
unrevoked operator's permit issued pursuant to subsection .030
of this section.
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.0205 It is unlawful for any vendor to sell or offer
for sale any goods or merchandise from any vehicle pursuant to
this section unless such person shall possess and at all times
while conducting such vending maintain upon his or her person an
unexpired and unrevoked vendor's permit issued pursuant to
subsection .040 of this section.
.0206 It is unlawful for any operator to permit or
allow any vendor under such operator's control, direction,
charge, or employ to vend any goods or merchandise from any
vehicle pursuant to this section unless such vendor possesses an
unexpired and unrevoked vendor's permit issued pursuant to
subsection .040 of this section.
.0207 Each 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.
.0208 No vending from such vehicle shall be permitted
within one hundred (100) feet of any intersection of two or more
public streets nor within five hundred (500) feet of any public
or private elementary, junior high, or high school.
.0209 No vending from such vehicle shall be permitted
for a period of time in excess of thirty (30) minutes in any one
location and said vehicle must be moved a distance of not less
than two hundred (200) feet between consecutive stops at which
vending occurs.
.0210 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.
.0211 Each vehicle shall be equipped with a trash
receptacle of a size adequate to accommodate all trash and
refuse generated by such vending.
.0212 Each vendor shall pick up and deposit in the
trash receptacle on the vehicle any paper, cups, wrappers,
litter, or other refuse of any kind which were a part of the
goods or merchandise supplied from the vehicle and which have
been left or abandoned within twenty five (25) feet of such
vehicle on any public property other than in a trash receptacle
provided for such purposes. No vendor or operator shall dispose
of any trash or refuse in any such public or private trash
receptacle other than a trash receptacle owned, operated, or
otherwise provided by and under the control of such vendor or
operator.
.0213 No vending shall be permitted except after the
vehicle has been brought to a complete stop and parked adjacent
to the curb in a lawful manner.
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.0214 Any vehicle from which vending occurs pursuant
to this section shall have the name, address, and telephone
number of the holder of the operator's permit permanently
affixed on both the left and right sides of the vehicle. Such
information shall be in letters not less than four (4) inches in
height and shall be in contrast to the color of the background
upon which the letters are placed.
.0215 No vending shall be permitted by any operator or
conducted by any vendor except between the hours of 9:00 a.m.
and 8:00 p.m. of each day.
.0216 Any use of amplified sound making devices,
including vehicle horns, to advertise, draw attention to, or
announce the presence of any such vehicle shall comply with the
limitations and provisions set forth in Chapter 6.72 of this
code. No amplified sound making devices shall be used for such
purposes upon any public street immediately contiguous to any
residentially zoned property within the City. Non -amplified
sound making devices shall be permitted for such purposes
provided (i) such sounds shall not be made while the vehicle is
stopped, parking, or otherwise in a stationary position; and
(ii) such sounds shall not be audible for a distance of more
than two hundred (200) feet.
.0217 Any operator or vendor using scales or any other
weighing or measuring devices shall have all such scales and
devices inspected and sealed by the Weights and Measures
Division of the Orange County Department of Agriculture.
.0218 Violation of any of the provisions set forth in
subsections .0201 through .0217 above shall constitute an
infraction punishable in accordance with applicable provisions
of the California Penal Code.
.030 Application for Operator's Permit; Contracts; Required
Fee.
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 section shall make
application to the City License Collector. 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 required to be renewed annually and a
separate nonrefundable application fee paid yearly for such
renewal application. Each applicant for an operator's permit
shall furnish the following information and documentation as
part of or in conjunction with such application:
.0301 The present or proposed address from which the
business is to be conducted;
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.0302 The full true name under which the business will
be conducted;
.0303 The full true name and any other names used by
the applicant;
.0304 The present residence and business addresses and
telephone numbers of the applicant;
.0305 A description of the goods or merchandise which
the business will vend;
.0306 The number of vehicles to be owned, operated, or
controlled by the applicant and the makes, body styles, years,
serial and engine numbers, state license plate numbers, and
names and addresses of the registered and/or legal owners of
each vehicle;
.0307 A description of the logo, color scheme,
insignia, and any other distinguishing characteristics of
applicant's vehicles;
.0308 A certificate of insurance or other additional
proof as may be required by the City Attorney or Risk Manager
showing evidence of a public liability and property damage
insurance policy for vehicle liability coverage protecting the
operator from all claims for damage to property or bodily injury
including death, which may arise from the operation of vehicles
under the permit or in connection therewith. Such insurance
shall provide coverage of not less than Two Hundred Fifty
Thousand Dollars ($250,000) for bodily injury for each person,
Five Hundred Thousand Dollars ($500,000) per occurrence and
property damage coverage of One Hundred Thousand Dollars
($100,000) per occurrence. Such insurance shall provide that
the policy shall not terminate or be cancelled without thirty
(30) days' advance written notice to the City of Anaheim.
.0309 The full true names and residence addresses of
all persons employed or intended to be employed or with whom the
applicant has contracted or intends to contract as drivers
and/or vendors and the respective capacities in which they will
be employed including the California Drivers License Number of
all persons who will be employed or engaged as drivers of
vehicles in conjunction with such business.
.0310 The applicant, if an individual; or each of the
directors, officers, or stockholders holding more than five (5)
per cent of the stock of the corporation; or each of the
partners including limited partners, or profit interest holders,
managers, or other persons principally in charge of the
operation of the existing or proposed business shall also
furnish the following information:
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a. California Driver's License or social security number
of the above-described natural persons;
b. Date of birth of the above-described natural persons;
C. The permit history of the above-described natural
persons for the three-year period immediately
preceding the date of the filing of the application,
including whether such person, 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:
d. All criminal convictions including pleas of guilty or
nolo contendere, suffered by the above-described
natural persons, including ordinance violations, but
excepting minor traffic offenses (any traffic offense
designated as a felony shall not be construed as a
minor traffic offense), stating the date, place,
nature, and sentence of each such conviction;
.0311 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
business;
b. The nature of the business or firm for the three-year
period immediately preceding the date of the
application;
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;
d. All criminal convictions, including pleas of guilty or
nolo contendere, suffered by the applicant including
ordinance violations, stating the date, place, nature,
and sentence of each such conviction;
.0312 Such other identification and/or information as
the License Collector or Chief of Police or their designated
representatives may require in order to discover the truth of
the matters required to be set forth in the application.
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.040 Application for Vendor's Permit; Contents; Required
Fee.
Any person desiring to obtain a vendor's permit to
engage in the vending of goods or merchandise from a vehicle, or
driving of such vehicle, pursuant to this section shall make
application to the City License Collector. 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 required to be renewed annually and a
separate nonrefundable application fee paid yearly for such
renewal application. Each applicant for a vendor's permit, or
an operator or applicant for an operator's permit on behalf of
such proposed vendor, shall furnish the following information
and documentation as part of or in conjunction with such
application:
.0401 The present or proposed address from which the
business is to be conducted;
.0402 The full true name under which the business will
be conducted;
.0403 The full true name and any other names used by
the applicant;
.0404 The present residence address and telephone
number of the applicant;
.0405 California Driver's License number of the
applicant;
.0406 Acceptable written proof that the applicant is
at least eighteen (18) years of age;
.0407 The applicant's height, weight, color of eyes
and hair, and date of birth;
.0408 The business, occupation or employment history
of the applicant for the three-year period immediately preceding
the date of the application;
.0409 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;
.0410 All criminal convictions, including pleas of
guilty or nolo contendere, suffered by the applicant, including
ordinance violations, and traffic offenses;
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.0411 Written proof satisfactory to the City Attorney
or Risk Manager that the applicant is insured under the policy
of insurance required for such business pursuant to subsection
.0308 of this section.
.0412 Such other identification and/or information as
the License Collector or Chief of Police or their designated
representatives may require in order to discover the truth of
the matters required to be set forth in the application.
.0413 When any change occurs regarding the written
information required by subsections .0401 through .0412 of this
section prior to issuance of a permit, the applicant shall give
written notification of such change to the License Collector
within two (2) weeks after such change.
.0414 If the applicant is an individual who intends to
own, operate and drive his or her own vehicle, it is not
necessary to pay a fee for the vendor's permit application
separate from the fee paid for the operator's permit application.
.050 Investiqation of Applications.
The City License Collector shall refer all
applications for operator's permits and vendor's permits made
pursuant to this section to the Chief of Police for
investigation and recommendation. The Chief of Police, or his
authorized representative, shall have a reasonable period of
time in which to investigate the application and background of
the applicant for a vendor's permit or an operator's permit.
The Chief of Police, or his authorized representative, shall
within thirty (30) days after the date of the filing of the
application, render a written recommendation to the License
Collector as to approval or denial of the application for the
permit based upon the criteria set forth in subsection .060 of
this Section.
.060 Issuance of permit.
The License Collector, within ten (10) days after
receiving the application and aforementioned recommendation from
the Chief of Police, shall grant the vendor's permit or
operator's permit only if he or she 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 section;
C. The applicant has not made a material
misrepresentation of fact in the application;
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d. The applicant has not had a similar permit denied or
revoked by the City of Anaheim within a period of one
year prior to the date of such application;
e. The applicant if an indi
directors, officers or s
five (5) per cent of the
any of the partners, inc
profit interest holder,
principally in charge of
or proposed business of
natural person employed
driver or vendor has not
nolo contendere or guilt
to his application for a
felony crime of moral to
misdemeanor or felony cr
to: the sale of a contr
Jidual; or any of the
tockholders holding more than
stock of the corporation; or
luding limited partners, or
nanager or other person
the operation of the existing
fending from a vehicle or a
)r contracted with to be a
been convicted or pleaded
within five (5) years prior
permit to a misdemeanor or
cpitude or drug-related
ime, including but not limited
)lled substance Snpcifiad in
California Health and Safety Code Sections 11054
through 1.1058; the sale, distribution or display of
harmful or obscene matter; indecent exposure; or in
the case of applications for a vendor's permit by a
person who will be a driver of a vehicle pursuant to
this section, 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.
.070 Denial of permit.
If the License Collector does not find that all of the
requirements set forth in subsections .030, .040, and .060, as
applicable have been met, he or she shall deny the application
for the vendor's or operator's permit. In the event the
application for the permit is denied by the License Collector,
written notice of such denial shall be given to the applicant
specifying the ground or grounds of such denial. Notice of
denial of the application for the permit shall be deemed to have
been served upon the date it 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.
Any applicant whose application for a vendor's or
operator's permit has been denied by the License Collector may
appeal such denial to the City Manager by filing a written
notice of appeal with the License Collector within ten (10) days
following the date of service of the decision and payment of the
appeal fee prescribed by resolution of the City Council. The
date of filing of said notice of appeal shall be the date said
notice and appeal fee are received by the License Collector.
No person or entity whose permit is finally denied
shall be eligible to apply for a new permit for a period of one
year following such final denial.
.080 Revocation of permit.
Any vendor's or operator's permit may be revoked by
the License Collector for any of the following reasons:
.0801 Falsification of any information supplied by the
permittee upon which issuance of the permit was based;
.0802 Failure of the permittee, or any employees or
subcontractors of the permittee, to comply with the regulations
set forth in this section;
.0803 Conviction of a violation, or a plea of guilty
or nolo contendere, 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 a vehicle pursuant to the
permit;
.0804 Conviction of a violation, or a plea of guilty
or nolo contendere, by the permittee of any applicable provision
or requirement of this section.
.0805 No such revocation shall become effective until
expiration of the appeal period specified in subsection .090 of
this section. Notification of the permit holder shall be made
either by personal delivery or by certified or registered mail,
return receipt requested, addressed to the permit holder at such
permit holder's residence address as set forth on the
application for a permit. Service shall be deemed made on the
permit holder on the date personally delivered or on the date of
mailing. A permit holder may appeal such revocation to the City
Manager by filing a written notice of appeal with the License
Collector within ten (10) days following the date of service of
such decision and payment of the appeal fee as prescribed by
resolution of the City Council. The date of filing of said
notice of appeal shall be the date said notice and appeal fee
are received by the License Collector. If a timely appeal is
filed, the revocation shall be stayed pending the decision of
the City Manager. Otherwise the suspension or revocation shall
become effective immediately upon expiration of said appeal
period.
.0806 No person or entity whose permit is revoked
shall be eligible to apply for a new permit for a period of one
year following such revocation.
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.090 Appeals.
Upon receipt of a timely appeal pursuant to
subsection .070 or .080 hereof, the City Manager or his
designated representative, shall hear such appeal within twenty
(20) days following the date of such appeal and shall give the
appellant not less than five (5) days' advance notice of the
date of such hearing. The decision of the City Manager shall be
based upon the same criteria as set forth in this section which
are applicable to the issuance or revocation of such permit.
The appellant shall be notified of the decision of the City
Manager by mailed, written notice. The decision of the City
Manager shall be final. No revocation of a permit pursuant to
this section shall be deemed effective during the pendency of a
timely filed appeal until the date of mailing of the City
Manager's decision, provided, however, no permit holder shall
operate during any period of time in which the insurance
coverage required by this section is not in full force and
effect.
.100 Exemptions.
The requirements of this section shall not apply to:
.010 Any person delivering any goods or merchandise by
vehicle where such goods or merchandise has been ordered in
advance for such delivery from any business located at a
permanent location and which goods or merchandise is being
delivered from such location to the customer by vehicle,
regardless of the point of sale thereof.
.020 Any person engaged in the vending of goods or
merchandise on public property where such person has been
authorized by the City of Anaheim to engage in such activity by
a permit, lease, real property license, agreement, or other
entitlements issued by the City for such purpose.
.110 Definitions.
The following words and terms as used in this section
shall have the following meanings:
.010 'Goods or Merchandise' includes items and products of
every kind and description, including all food, produce, and
beverage items.
.020 'Human Powered Device' shall mean any device moved by
human power including but not necessarily limited to any
pushcart, wagon, bicycle, tricycle, or other wheeled container
or conveyance.
.030 'Operator' shall mean any person or entity owning,
operating, or otherwise controlling any business involving the
vending of goods or merchandise from a vehicle.
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.040 'Person' shall mean any natural person, firm,
partnership, association, corporation, or other entity of any
kind or nature.
.050 'Public Property' shall mean any real property, or
interest therein, owned, leased, operated, or otherwise
controlled by the City of Anaheim other than a street, alley,
parkway, or sidewalk.
.060 'Vehicle' shall mean as defined in the Vehicle Code of
the State of California, and shall not include any human powered
device.
.070 'Vend' or 'Vending' shall mean the sale or offering
for sale of any goods or merchandise to the public from a
vehicle.
.080 'Vendor' shall mean any person who engages in the act
of vending from a vehicle or who drives or otherwise operates
any such vehicle for the purpose of vending therefrom."
SECTION 2.
SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 3.
SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a
waiver of any license or penalty or the penal provisions applicable
to any violation thereof. The provisions of this ordinance, insofar
as they are substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter,
shall be construed as restatements and continuations, and not as new
enactments.
SECTION 4.
CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within fifteen
(15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, 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.
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6 MA
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 18th day of Noven.ber, 1986.
ATTEST:
MAYOR OF THE CITY OF ANAHEIM
t �
CITY" CLERK OF THE CITY OF ANAHE -
ct
1235V
11.1286
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance N04725was introduced at a regular meeting of the City
Council of the City of Anaheim, held on the 17th day of .lune, 1986, and
reintroduced as amended at a regular meeting of the City Council of the City
of Anaheim, held on the 12th day of November, 1986, and that the same was duly
passed and adopted at a regular meeting of said City Council held on the 18th
day of November, 1986, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Roth, Pickler and Bay
NOES: COUNCIL MEMBERS: Hunter
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No�725on the 18th day of November, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 18th day of November, 1986.
CITY CLERK OF THE CITY OF ANAHEIM
(SFuU)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No�725and was published once in the
Anaheim Bulletin on the 28th day of November, 1986.
J
CITY CLERK