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HomeMy WebLinkAboutORD 169 1993 0602ORDINANCE NO. 169 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 5.64 OF THE MOORPARK MUNICIPAL CODE PERTAINING TO LICENSES FOR STREET VENDORS WHEREAS, Chapter 5.64 of the Moorpark Municipal Code sets forth license requirements for street vendors; and WHEREAS, Chapter 5.64 does not currently address the requirement to display a picture identification card on the licensee's outer garment when engaged in street vending activities; and WHEREAS, other changes to the Chapter 5.64 are required in order for the city to better regulate street vendors; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.64 of the Moorpark Municipal Code is hereby amended in its entirety to read as follows: 5.64.010 Definitions. As used in this chapter: 5.64.010.A "The authority" is the Director of the Community Development Department or those persons assigned by the director to perform in his or her stead or such other persons appointed by the City Council. 5.64.010.B "Hawker" is a peddler who carries goods for sale and seeks purchasers either by shouting or by attracting notice and attention to the goods for sale by bells, the sound of a horn, or other means. 5.64.010.0 "Non- Profit Organizations" is a non - profit corporation that has obtained recognized state or federal tax exempt status. 5.64.010.D "Peddler" is any person who goes from house to house or from place to place seeking to make concurrent sale and delivery of goods, wares or merchandise of any nature whatsoever. 5.64.010.E "Solicitor" is a drummer or canvasser or any other person who goes from place to place or from house to house taking or attempting to take orders for the sale of goods, wares or merchandise of any nature whatsoever for future delivery or services of any nature whatsoever to be furnished or performed in the future, whether or not such individual has a sample and whether or not he or she is collecting advance payments. 1 5.64.010.F "Transient or Itinerant Merchant" is any person who establishes himself or herself in business with the intention to remain in business for a short period of time only, whether such period is a definite or indefinite one, or until a particular stock of goods, wares or merchandise is disposed of, or until the local market for the goods, wares or merchandise handled by the dealer has been exhausted, and who for such limited period engages or occupies a building or other place for the exhibition and sale of the goods, wares or merchandise. 5.64.010.G "Vehicle" is any cart, automobile, truck or other similar wheeled device, motorized or not, used for the purpose of assisting a street vendors in conducting his or her business. 5.64.010.H "Street Vendor" is a generic term that includes all Hawkers, Peddlers, Solicitors, Transient Merchants, and Itinerant Merchants as defined herein. Note: Any word not defined herein shall be used as defined in the Moorpark Municipal Code, if the word is not defined the Moorpark Municipal Code the word shall be used as defined in Webster's unabridged dictionary, latest edition. 5.64.020 Street Vendor License -- Required. No person whether or not the person maintains or is employed at an established place of business or by a person who is licensed pursuant to this chapter shall engage in the business of street vendor without first obtaining a license therefor. Non - profit organizations may operate under one single license regardless of the number of street vendors which the organization may have. 5.64.030 Street Vendor License -- Exceptions. The provision of this chapter shall not apply to wholesale salespersons who sell to, or solicit of, established places of business. 5.64.040 Street Vendor License -- Application. Any person desiring to obtain a license required by this chapter shall appear personally before the authority and make a written application to the authority stating the following information: A. The name and description of the applicant or organization with proper identification; B. The permanent home address of the applicant and the address of the organization; C. The nature of the business to be conducted; D. The name and address of the employer, or individuals designated as street vendors if any; E E. A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, the nature of the offense and the punishment or penalty assessed thereof, exclusive of all city or county ordinance violations and violations of the Vehicle Code not constituting a felony; F. A statement as to the number of vehicles to be used in conducting the business shall include the model, year and vehicle license number. G. A non - profit organization is required to provide a copy of the organization's Federal or State tax exemption status. 5.64.050 Street Vendor License- -Fee. The fee for obtaining any license required by this chapter shall be established by resolution of the city council. Non - profit organizations must meet the requirement of the chapter except that they may be exempted from the payment of the license fee, or any portion thereof, if the city council so provides for an exemption in the fee resolution. Fees are payable to the issuing authority upon acceptance of the application. 5.64.060 Street Vendor License -- Photographing. Each street vendor shall be photographed by the authority. Non - profit organizations are exempted from this section. 5.64.070 Street Vendor License -- Approval authority. If the authority finds that the application complies with all the requirements of this chapter, the license shall be approved. The authority must approve or deny the application in no more than fifteen (15) calendar days from the time the application is received. 5.64.080 License -- Content. The license shall contain the following information: A. The nature of the business to be conducted; B. The name of the licensee; C. The place for which the license is issued; D. The amount paid for the license; E. The date upon which the license is issued; F. The date of expiration of the license; G. The name of each person or company for whom the licensee will act or work. 5.64.090 Street Vendor License -- Exhibiting The license shall be exhibited by the licensee whenever requested by a law enforcement officer, a city official or any person to whom the licensee seeks to sell any goods, wares, merchandise or services. 3 5.64.100 Street Vendor License -- Multiple business. A. Every person who is required to be licensed pursuant to this chapter must obtain a license for each business if more than one (1) business is being conducted. B. A licensee shall not engage in any business not designated on the license or shall not engage in any business for an employer not designated on the license, unless and until he or she obtains another license for that business or employer. 5.64.110 Street Vendor License Identification Card- - Required. Every person who is required to be licensed pursuant to this chapter must wear an identification card (hereafter called "card ") issued by the authority, while engaged in the business for which he or she is licensed. Said card must be worn on the upper left hand portion of the torso, clipped or attached to the outer garment, and shall remain visible at all times. The card shall exhibit the person's photograph and pertinent license information deemed appropriate by the authority. Non - profit organizations are exempt from this section. 5_.64.120 Hours of operation. No person required to be licensed pursuant to this chapter shall go to or enter any residence, hotel or other dwelling place between the hours of seven (7:00) p.m. to nine (9:00) a.m. for the purpose of engaging in the business for which he or she is licensed. 5.64.130 Location Restrictions. A. No person required to be licensed pursuant to this chapter shall conduct the business for which he or she is licensed within one - quarter (1/4) mile of any elementary or secondary public or private school or any public park between the hours of eight (8:00) a.m. and four (4:00) p.m. on days school is in session. Non - profit organizations are exempt from this section. B. The prohibition of this section does not apply to any person invited in writing to call upon any elementary or secondary public or private school by the principal of the school or other authorized person thereof. Said written invitation shall be presented to any city official or law enforcement officer upon demand. 5.64.140 Vehicle tags. A. Every person who is required to be licensed by this chapter shall obtain a vehicle tag for each vehicle used in the business pursuant to Section 5.64.030.F. At the time the license is issued, the authority shall also issue tags. All vehicles for which tags are issued shall display the tag on the exterior lower rear right hand portion of the vehicle. Non- profit organizations are exempt from this section. 4 B. The fee for each such tag shall be established by resolution of the city council. The fee required by this section shall be in addition to the fee required by Section 5.64.050. 5.64.150 Parking restrictions. No person licensed pursuant to the provisions of this chapter, while engaged in the business of selling or delivering products from a vehicle used in his or her trade, including but not limited to the sale of foods, shall stop such vehicle for more than thirty (30) minutes in any one (1) location on any public street or public right -of -way, or any private property within the city. 5.64.160 Temporary Use Permit. A. Street vendors may on special occasions, or when invited by the authority, request in writing to the authority that a temporary use permit be issued to allow his /her vehicle to stop for longer periods of time than specified in Section 5.64.150. B. When a temporary use permit is approved by the authority, this section would supersede section 5.64.150. 5.64.170 "No Solicitor Signs ". It is unlawful for any solicitor or other street vendor to solicit business on private property that has a "No Solicitors" sign prominently displayed. 5.64.180 Revocation of License. After conducting an office hearing, the authority may revoke the license of any street vendor that is found to have provided false application information, and may revoke the license of any street vendor convicted of a misdemeanor violation of this chapter. The authority shall provide notice to the licensee of the purpose, time, and location of the office hearing. The notice shall be given by deposit in the United States mail or by personal delivery at least ten (10) days prior to the hearing. At the office hearing, which may be continued from time to time, the authority shall hear and consider all relevant evidence including, but not limited to, any written or oral testimony. The authority's decision to either revoke or sustain the license shall be made within ten (10) days of the hearing. A copy of the authority's revocation decision shall be served upon the licensee by United States mail or by personal delivery. The decision shall be deemed received upon the third (3rd) day after deposit in the United States mail or upon personal delivery. 5.64.190 Appeal of Authority's Revocation Decision. A. The decision of the authority to revoke the license of any street vendor may be appealed to the city council. The appeal shall be made in writing and filed with the city clerk within ten (10) working days following receipt of the written revocation decision from the authority. 5 B. The city clerk shall upon receipt of such appeal, set the matter for public hearing before the city council not less than ten (10) nor more than thirty (30) days following the filing of the appeal. Notice of hearing shall be given by deposit in the United States mail or by personal delivery at least ten (10) days prior to the hearing. C. At the time and place of hearing, the city council shall hear and consider all relevant evidence including, but not limited to, the report of the authority and any written or oral testimony. The hearing may be continued from time to time. D. Upon the conclusion of the public hearing, the city council shall, on the basis of the evidence presented at the hearing, determine whether the street vendor's license shall be revoked, and shall adopt a resolution which shall set forth the supporting findings for the city council's decision on the appeal. A copy of the city council's resolution shall be served upon the licensee by United States mail or by personal delivery. The determination of the city council shall be final. C SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, part or portions be declared invalid or unconstitutional. SECTION 3. The City Council hereby deems that this ordinance shall take effect 30 days after passage and adoption. SECTION 4. The City Council hereby directs that the City Clerk (1) shall certify the passage and adoption of this ordinance, (2) shall enter this ordinance in the book of original ordinances of the City of Moorpark, (3) shall make a minute of the passage and City Council which adopted this ordinance, and (4) shall within fifteen (15) days after passage and adoption, cause this ordinance to be published in a manner described by law. PASSED, APPROVED, AND ADOPTED this 2nd day of 1993. Gx J 'll MAYOR ATTEST: JUNE MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 169 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of JUNE , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: COUNCILMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this 4th day of JUNE , 1993. Lillian E. Hare City Clerk PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Counalmember I',:,ti on RxycW Paler