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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. -1- .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. -2- .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; -3- .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: -4- 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. -5- .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; -6- .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; -7- 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. -9-- .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. -10- .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. -11- 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 -12- 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