5520ORDINANCE NO. 5520
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING
SECTION 14.32.310, AND ADDING A NEW SECTION
14.32.310 TO CHAPTER 14.32 OF TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO SALE OF GOODS
OR MERCHANDISE BY VEHICLE
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
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, deleted in its
entirety.
SECTION 2.
That new Section 14.32.310 be, and the same is hereby,
added to Chapter 14.32 of Title 14 of the Anaheim Municipal Code 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
with an unladen weight of less than six thousand (6,000)
pounds.
.0202 Such vending shall be limited to public streets
only and shall not be permitted upon any alley, parkway,
sidewalk, or other public property.
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.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.
.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 sixty (60) 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 ten (10) minutes in any
one location and said vehicle must be moved a distance of
not less than one hundred (100) 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, wrapper,
litter, or other refuse of any kind which were a part of
the goods or merchandise supplied from the vehicle and
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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.
.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 and numerals 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,
parked, or otherwise in a stationary position; and (ii)
such sounds shall not be audible to a person with normal
hearing for a distance of more than two hundred (200) feet.
.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;
.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 for
bodily injury for each person, Five Hundred Thousand
Dollars per occurrence and property damage coverage of One
Hundred Thousand Dollars per occurrence. Such insurance
shall provide that the policy shall not terminate or be
canceled without thirty 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
Driver's 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
percent of the stock of the corporation; or each of the
partners including limited partners, or profit interest
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holders, managers, or other persons principally in charge
of the operation of the existing or proposed business shall
also furnish the following information:
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
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the truth of the matters required to be set forth in the
application.
.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 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;
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.0410 All criminal convictions, including pleas of
guilty or nolo contendere, suffered by the applicant,
including ordinance violations, and traffic offenses;
.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 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 Investigation 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 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 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;
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C. The applicant has not made a material
misrepresentation of fact in the application;
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 individual; or any of the
directors, officers or stockholders holding more than five
percent of the stock of the corporation; or any of the
partners, including limited partners, or profit interest
holder, manager or other person principally in charge of
the operation of the existing or proposed business of
vending from a vehicle or a natural person employed or
contracted with to be a driver or vendor has not been
convicted or pleaded nolo contendere or guilty within five
years prior to his application for a permit to a
misdemeanor or felony crime of 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 Sections 11054 through
11058; 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.
.0701 If the License Cc
of the requirements set for
and .060, as applicable have
the application for the vent
the event the application fi
License Collector, written
given to the applicant speci
such denial. Notice of deni
permit shall be deemed to ha
is personally served on the
the United States mail with
to the applicant at his or
forth in the application fo:
llector does not find that all
th in subsections .030, .040,
been met, he or she shall deny
ior's or operator's permit. In
)r the permit is denied by the
iotice of such denial shall be
fying the ground or grounds of
al of the application for the
ve been served upon the date it
applicant or when deposited in
postage prepaid and addressed
her residence address as set
the permit.
.0702 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 days following the date of service of
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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.
.0703 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 good
cause shown including but not necessarily limited to 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 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.
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.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.
.090 Appeals. Upon receipt of a timely appeal pursuant
to subsection .070 or .080 of this section, the City
Manager or his designated representative, shall hear such
appeal within twenty days following the date of such appeal
and shall give the appellant not less than five 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
foods, 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
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involving the vending of goods or merchandise from a
vehicle.
.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.
.055 'Residential zone' or 'zoned for residential
purposes' shall mean any property which, by ordinance of
the City of Anaheim, is then currently classified into
either (i) any one of the residential zones specified in
Chapter 18.21 through Chapter 18.35, inclusive, of Title 18
of the Anaheim Municipal Code, or (ii) any Specific Plan
Zone of the City of Anaheim in which residential dwellings
are an expressly permitted use.
.058 'Used for residential purposes' shall mean any
lot or parcel of property any portion of which is being
lawfully used as a dwelling as defined in Section 18.01.050
of the Anaheim Municipal Code.
.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.
.120 Penalty. Notwithstanding any other provision of
this Code to the contrary:
.1201 Any violation of paragraph .0208, .0209, .0210
or .0213 of subsection .020 of this Section 14.32.310 shall
be punishable as a civil complaint pursuant to the
provisions of Section 14.32.320 of this Code.
.1202 Except as set forth in paragraph .1201 above,
any violation of any provision of this Section 14.32.310
shall constitute an infraction punishable in accordance
with the provisions of Section 36900 of the Government Code
of the State of California, or any successor provision
thereto."
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SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, 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 4. 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.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 19th � of Saptember, 1995.
MAY OF TH CITY O 0
ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
13677.1\EEGAN\September 5, 1995 12
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
No. 5520 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th
day of September, 1995, and that the same was duly passed and adopted at a regular meeting of said City
Council held on the 19th day of September, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Feldhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5520 on the
19th day of September, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 19th day of September, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Ordinance No. 5520 and was published once in the North Orange County News on the 28th day of
September, 1995
CITY CLERK OF THE CITY OF ANAHEIM