HomeMy WebLinkAboutAGENDA REPORT 1993 0303 CC REG ITEM 12FAGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Jaime R. Aguilera, Director of
Prepared by Frank Mancino, Code
ITEM IR-, F
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Uy
Community Development*,
Enforcement Officer
DATE: February 4, 1993 (CC Meeting of 3 -3 -93)
SUBJECT: AMENDING CHAPTER 5.64 OF THE CITY OF MOORPARK MUNICIPAL
CODE, PERTAINING TO PEDDLERS, ITINERANT MERCHANTS
AND SOLICITORS HEREIN KNOWN COLLECTIVELY AS STREET
VENDORS
BACKGROUND
Staff is recommending that Chapter 5.64 of the Municipal Code,
establishing licenses for peddlers, itinerant merchants and
solicitors hereafter known as street vendors be amended. The
purpose for the proposed amendment is to remedy certain
deficiencies which hinder staff's ability to regulate street
vendors.
Acting under Council's direction staff purchased a four lens
polaroid camera, data card pouches, strap clips, polaroid film,
photo die cutter, and a pouch laminator in April 1992. The
equipment was ordered and received in May 1992. The purpose for
this purchase was to use the equipment to assist staff in more
readily identifying those permitted street vendors.
DISCUSSION
Staff is proposing to Council that the Municipal Code be amended so
as to require the use of the picture identification license. Other
amendments are proposed in order to support the requirement of the
picture identification card as well as minor "clean up" amendments.
RECOMMENDATION
Amend Chapter 5.64 of the Moorpark Municipal Code by introducing
the Ordinance for first reading
Attachments: Draft Ordinance
Copy of Picture
Chapter 5.64
FM09 /15 /92(9:36em)A: \FM.CC \ORD.564
Identification Permit
ORDINANCE NO
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.
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 o s reet vendor without first obtaining a
license therefor.
5.64.030 Street Vendor License -- Exceptions. The provision
of this chapter shall not apply to:
A. Wholesale salespersons who sell to, or solicits 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. 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 letter.
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 in the fee resolution. Fees are payable
to the issuing authority upon approval of the application.
5 64 060 Street Vendor License -- Photographing and
fingerprinting. Each street vendor shall be photographed and
fingerprinted by the authority or its authorized representative.
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.
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.
5.64.100 Street Vendor License -- Multiple business. 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. 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.
Q
The card shall exhibit the person's photograph and pertinent
license information deemed appropriate by the authority.
5.64.120 License - -Void on finding of false information.
A license is void from the date of issuance if any statement or
information submitted by the applicant pursuant to Section 5.64.040
is found to be totally or partially false.
5.64.130 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.
5.64.140 Location Restrictions. A. No person required to
be licensed pursuant to this chapter shall go to or enter an area
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 for
the purposes of engaging in the business for which he or she is
licensed.
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.
5.64.150 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. At the time the license is issued,
the authority shall also issue tags.
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.
5.64.160 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 no more than ten (30) minutes in any one (1)
location on any public street or public right -of -way, or any
private property within the city.
5.64.170 Temporary Use Permit. 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 5.64.160.
4
When a temporary use permit is approved by the authority this
section would supersede section 5.64.160.
Section 2. If any section, subsection, sentence, clause,
phrase, part or portion of the 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 day of ,1993
ATTEST:
Lillian E. Hara
City Clerk
5
MAYOR
CITY OF MOORPARK: Solicitors /Peddlers Permit
Date Issued Expiration Date
This permit shall serve as notice authorizing:
Narne -- --- —.,. -- --
For — —
Type of Permit
Address
While in compliance with all applicable re ulations of this
jurisdiction and conditions on reverse side of this permit per
Chapter 5.64 of MMC.
City Approval Signature of Applicant
• FEES ARE NOT REFUNDABLE •
Permit Number Permit Fees
This permit is issued for regulatory purposes only
and does not endorse the product or service.
CONDITIONS:
5.64.140 -- 5.64.160
any person invited to call to the elementary or high school
by the principal of the school or other authorized person
thereof, nor shall it apply to any person engaged in a busi-
ness not having a spec_`.al attraction for children of --c-ooi
age. (Ord. 60 51(part), 1986)
64.140 Vehicle tics. A. Any applicant for a ii-
censeJrequired by this chapter, who engages in business by
selling or delivering his products from two (2) or more ve-
hicles used in his trade, shall obtain a vehicle tag or
sticker foi each vehicle used in his business. At the time
the license is issued, the sheriff shall issue also an ap-
propriate metallic tag or gummed sticker for each vehicle
owned or operated by such person and used by him in his
business.
B. The fee for each such tag or sticker shall be es-
tablished by resolution of the city council. The fee re-
quired by this section is in lieu of the fee required by
Section 5.64.080 of this chapter. (Ord. 60 51(part), 1986)
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 vehi-
cle used in his trade, including but not limited to the sale
of foods, shall stop such vehicle for more than twenty (20)
minutes in any one (1) location on any public street or pub-
lic right -of -way, or on any private property within the
city. (Ord. 60 §1(part), 1986)
5.64.160 Temporary permits. An applicant who complies
with the provisions of this chapter may be issued a tempo-
rary permit to expire thirty (30) days after the date of
issuance. Such permit shall be surrendered to the sheriff
at the time the regular permit is issued or the thirty (30)
day time period elapses, whichever occurs first. (Ord. 60
51 (part) , 1986)
Sections:
5.68 .010
5.68.020
5.68.030
5.68 .040
5.68 .050
5.68.060
5.68 .070
Chapter 5.68
PRIVATE PATROL`;
Definitions.
License -- Required.
License -- Application.
License--Fee.
License -- Fingerprinting
License-- Investigaticn
License -- Approval.
146
and photographing.
of application.
5.60.090 -- 5.60.110
decision was given, appeal such decision to the city coun-
cil. The appeal shall be in writing, shall state the basis
upon which the appeal is :Wade, and shall be filed with the
city clerk.
The city council shall hear the appeal within thirty
(30) days of the filing of the request. At the hearing, any
person may present evidence or argument as to whether the
newsrack has :)een installed or maintained in violation of
this chanter. At the Next regular -nee-zing of the city coun-
cil after the close of the hearing, the council shall render
a decision in writing. Within one (1) day after the deci-
sion is rendered, the city cler }: shall give notice thereof
to the person who made the appeal. The decision of the city
council shall be final. (Ord. 122 52(part), 1990)
5.60.090 Notices. Notices required pursuant to the
provisions of this chapter shall be given ire, writing by per-
sonal service or United States postal service, certified
mail, return receipt requested, addressed to the person to
be notified at his or her last known, address. The givinq of
Notice under this chanter shall be deemed to have occurred
as of the date of personal service or as of the date of de-
posit in the course of transmission o` the United States
postal service. (Ord'. 122 52(part), 1990)
5.60.100 Nonconforminc newsracks. This chapter shall
C apply to ail newsracks, whether installed or maintained
prior to, or after, the effective date thereof. Those news-
racks installed prior to the effective date of the ordinance
codified in this chapter, shall be brought into compliance
with the provisions of this chapter within thirty (30) days
of the effective date thereof. In the event the number of
such newsracks at any location exceeds the number of news-
racks that are permitted by this chapter at that location,
priority shall be determined solely on a first -come, first
registration basis and in the event of a registration tie,
by random lot performed by the registration authority. Any
newsrack not brought into compliance within the thirty (30)
day time period shad be deemed to be in violation of this
chapter. (Ord. 122 52(part), 1990)
5.60.110 Abandoned. newsracks. A newsrack shall be
deemed abandoned when no Drinted :-iaterial is contained
therein for a period of more than fifteen (15) consecutive
days. If the registration authorit_, determines that a newsz-
rack has been abandoned he or she shall summaril,., imDound
such newsrack and, note,,ithstanr.inq Section 5.60.O70, the
newsrack shall immediately_ be deeded to be unclaimed prop-
erty in the possession of the cit•.,. The registration auth-
ority shall sell or otherwise dispose of the newsrack in
accordance with law. (0r6 . 122 (part), 1990)
141 (Moorpark 10/90)
5.60.120
5.60.120 Unmarked newsracks. whenever the registra-
tion authority finds that a newsrack does not have the name,
address and telephone numi-er of the owner t'.:efeof placed
upon such newsrack, in compliance with Section 17570 et seq.'
of the Business and Professions Code of the state, he or she
shall make every reasonable effort to ascertain the owner
thereof. If the registration authority is unable to deter-
mine ownership, he or she shall summarily impound such news-
rack and, notwithstanding Section 5.60.070, the newsrack
shall immediately be deemed to be unclaimed property in pos-
session of the city. The registration authority shall sell
or otherwise dispose of such newsrack and its contents in
accordance with law. (Ord. 122 52(part), 1990)
Chanter .64
PEDDLERS, ITT_NEPIi, :T MERCTIANTS AND SOLICITORS
Sections:
5.64.01.0 Definitions.
5.64.020 License -- Required.
5.64.030 License -- Exceptions.
5.64 .040 License -- Application.
5.64.050 License - -Fee.
5.64 .060 License -- Photographing and fingerprinting.
5.64.070 License -- Approval authority.
5.64.080 License -- Content.
5.64 .090 License -- Exhibiting.
5.64.100 License -- Subsequent.
5.64.110 License - -Void on discovery of false
information.
5.64.120 Hours of operation.
5.64.130 Location restrictions.
5.64.140 Vehicle tags.
5.64.150 Parking restrictions.
5.64.160 Temporary permits.
(Moorpark 10/90) 142
5.64.010 -- 5.64.030
5.64.010 Definitions. As used in this chapter:
( A "hawker" is a peddler who net only carries goods for
sale, but seeks for purchasers eit:ler by shouting, or by
attracting notice and attention to them as goods for sale by
actual exhibition or exposure of them, by placards or la-
bels, by the sound of a horn, or by other means. Each em-
ployee of a hawker is required to obtain a hawker's license.
A "peddler" is defined as any person who goes from
house to house or from place to place seeking to make con-
current sale and delivery of the cools, wares and merchan-
dise in which he deal., including, but not limited to sale
and delivery of foods.
A "solicitor, drummer or canvasser" is any 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
for services to be furnished or performed in the future,
whether or not such individual has a sample, or whether or
not he is collecting advance pavments.
A "telephone solicitor" is any person who, by use of
the telephone, solicits invitation from owners or occupants
of private residences for the purpose of taking or attempt-
ing to take, or who takes or attempts to take, orders for
the sale of goods, wares and merchandise, of any nature
whatsoever for future delivery, or ;or services to be fur-
nished or performed in the future, whether or not such
r individual has a sample, or whether or not he is collecting
\ advance payments.
A "transient or itinerant merchant" is an,; person who
establishes himself in business with the intention and de-
termination to remain in business for a short period of time
only, whether such period is a definite or indefinite one,
such as a period of one (1) or more weeks or months, or un-
til a particular stock or merchandise is disposed of, or
until the local market for the commodity handled by the
dealer has been exhausted, and who for such limited period
engages or occupies a building or other place for the ex-
hibition and safe of his goods or wares. (Ord. 60 51(part),
1986)
5.64.020 License-- Recuired. No person, whether a res-
ident of the city or not, or whether, the person maintains or
is employed at an established place of business or not,
shall engage in the city in thle Lusiness of peddler, hawker,
transient or itinerant merchant, solicitor, drummer or can-
vasser or telephone solicitor without first obtaining a li-
cense therefor. (Ord. 60 51(part), 1986)
5.64.030 License -- Exceptions. A. Section 5.64.020 of
this chapter shall not apply to an employee who operates a
vehicle owned by his emplovr-r if ':is employer engages in
business by selling and dellverin(i his products from two (2.)
1.4 3
5.64.040 -- 5.64.070
or more vehicles used in his trade, and the employee per-
sonally appears before the sher -iff and:
1. Submits to the sherif_` such information as the
sheriff shall require;
2. Is fingerprinted and photographed by the sher-
iff; /
3. Obtains an identification card from the sheriff
containing such information as the sheriff shall require;
4. Carries his identification card on his person at
all times that he is engaged in the business of his emnlcy-
er;
5. Exhibits his identification card whenever re-
cuested to do so by law enforcement officer or any Gerson
with whom he is engaged in selling or soliciting.
B. The provisions of this chapter shall not apply to
the following persons:
1. Wholesale Salesmen. Persons selling to or so-
liciting of established places of business;
2. Invitees. Persons invited to call uoon arivate
residences by the owner or occuoant t:ereof for purposes of
peddling or soliciting. (Ord. 60 ;1(part), 1986)
5.64.040 License-- Aonlication. Any person desiring to
obtain a license required by this chanter shall appear per-
sonally before the sheriff and mane a written application to
the sheriff therefor, stating the following information:
A. The name and description of the applicant;
B. The permanent home address and full local address
of the applicant;
C. The nature of the business to be conducted;
D. The name and address of the employer, if any;
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 therefor,
exclusive of the city ordinance violations and violations of
the Vehicle Code not constituting a felony;
F. A statement as to the number of vehicles used in
his trade and from which the applicant's products are sold
and delivered. (Ord. 60 51(part), 1986)
5.64.050 License - -Fee. The fee for obtaining any li-
cense required by this chapter shall be established 'by reso-
lution of the city council. (Ord. 60 51(part), 1986)
5.64.060 License-- Photocraohing and finger�Drintina.
Each applicant shall be photographed and fingerprinted.
(Ord. 60 §1(part), 1986)
5.64.070 License-- Aonroval authority. If the sheriff
C"
inds that the app-li cation provided for in Section 5.64.040
144
v
5.64.080 -- 5.64.130
of this chapter complies with all the requirements of this
chapter, he shall approve the application. (Ord. 60 51
(part), 1986)
5.64.080 License -- Content. The form of any license
required by this chapter shall contain the following infor-
mation:
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;
E. The date of expiration of the license;
G. The name of each person or company for whom the
licensee will act or work. (Ord. 60 51(part), 1986 -)
5.64.090 License -- Exhibiting. The license shall be
exhibited by the licensee whenever requested by a law en-
forcement officer or any person with whom the licensee is
engaged in soliciting or selling. (Ord. 60 51(part), '986)
5.64.100 License-- Subsecuent. One License may be ob-
tained by any person engaging in one or more of the busi-
nesses specified in Section 5.64.030 of this chapter, irre-
spective of the number of bona fide employers designated by
the applicant for the License. A licensee may not engage in
any business not designated in the license form or may not
engage in any business for an employer not designated in the
license form unless and until he obtains another license for
that business or employer. (Ord. 60 51(part), 1986)
5.64.110 License - -Void on discovery of false informa-
tion. A 'License is void from the date of issuance if any
statement or information submitted by the applicant pursuant
to Section 5.64.040 of this chapter is totally or partially
untrue. (Ord. 60 51(part), 1986)
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 is licensed, except
upon invitation of the occupant of the dwelling place.
(Ord. 60 51(part), 1986)
5.64.130 Location restrictions. P'_ No person re-
quired to be licensed pursuant to this chapter shall co to
or enter an area within one- cuarter (3) mile of any elemen-
tary or high school between the hours of eight (8:00) a.m.
and four (4:00) p.m. on days school is in scission for the
purposes of engaging in the business for which he is li-
cense('_.
B. The prohibition of this section shall not apply to
1'=