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HomeMy WebLinkAboutAGENDA REPORT 1997 1015 CC REG ITEM 09Gaoa .7 ITEM �• CITY OF MOORPARK, CALIFORNIA City Council Meeting of 199 AGENDA REPORT ACTION: CITY OF MOORPARK BY: TO: Honorable City Council FROM: Nelson Miller, Director of Community DevelopmenL� Deborah S. Traffenstedt, Principal Planner �51- DATE: October 7, 1997 (CC Meeting of 10/15/97) SUBJECT: CONSIDER REPORT ON REGULATIONS RELATING TO A STREET VENDOR LICENSE At the City Council's meeting on September 3, 1997, Councilmember Evans requested that staff provide the Council with information on Street Vendor License requirements. Complaints have been received in the past from commercial center tenants regarding apparently non - licensed vendors that were operating outside of the larger stores in the Towne Center and Mission Bell Plaza. Other complaints have been received in the past regarding non- licensed vendors going door -to -door in residential neighborhoods, as well as non - licensed ice cream vendors. All formal complaints are investigated. The following Discussion section addresses the current Municipal Code requirements and application processing requirements for Street Vendor Licenses. DISCUSSION A street vendor is a generic term that includes all hawkers, peddlers, solicitors, transient merchants, and itinerant merchants as defined in Chapter 5.64 of the City Municipal Code (which is included as Attachment 1 to this report). A license is required for all street vendors, as defined in the Municipal Code. Nonprofit organizations are allowed to operate under one single license, regardless of the number of vendors which the organization may have, and the City does not charge a fee for a Street Vendor License for nonprofit organizations. CA- M /staffrpt/cc101597.rpt a 000102 Street Vendor Licensee To: Honorable City Council October 7, 1997 Page 2 Following is a brief summary of Municipal Code requirements for street vendors: • An application must be submitted and identification (such as a drivers license) must be provided. • Each street vendor is photographed (for nonprofit organizations, only the lead person is photographed). • The license must be exhibited by the licensee (The photograph is included on an identification card that must be worn by the licensee. For nonprofit organizations, only the lead person wears an identification card with a photograph, all other vendors wear an identification card without a photograph.) • A vehicle tag (sticker) is provided for each vehicle used for the business. • No street vendor is allowed to operate in a residential area between the hours of 7:00 p.m. to 9:00 a.m. • Street vendors that are not with a nonprofit organization are prohibited from operating within one - quarter mile of any elementary or secondary school or any public park between the hours of 8:00 a.m. and 4:00 p.m. on days school is in session. • For street vendors selling or delivering products from a vehicle, there is a restriction that the vehicle may not be stopped for more than 30 minutes at any one location, unless a temporary use permit is obtained. • It is unlawful for any street vendor to solicit business on private property that has a "No Solicitors" sign prominently displayed. Additional application requirements for the Street Vendor License that have been established by staff include the following: • When motorized vehicles are to be used, proof of insurance and vehicle registration are required. • Health permits from the Ventura County Environmental Health Division are required for any vendor that intends to sell prepared food. • All applicants living in the City of Moorpark are required to possess a valid Home Occupation Permit prior to processing applications. C: /1- M/staffrpdcc 101597.rpt 000:103 Street Vendor Licensee To: Honorable City Council October 7, 1997 Page 3 • Proof must be provided that all commercial vehicles (as defined in the Vehicle Code as having a manufacturer's gross vehicle weight rating of 10,000 pounds or more) are not being stored in residential areas. Acceptance of Street Vendor License applications is currently being done by the Moorpark Police Resource Center volunteers, and all applications are reviewed by the Code Enforcement Officer. The Street Vendor License identification card and vehicle sticker(s) are issued by the Moorpark Police Resource Center volunteers. A Street Vendor License is valid for a period of one year from the date of issuance. A copy of a vendor identification card and vehicle sticker are included as Attachment 2. In 1996, there were a total of 31 licensed street vendors. A list of the 18 vendors currently licensed in 1997 is included as Attachment 3. RECOMMENDATION Receive and file the report. Attachments: 1. Chapter 5.64 of Municipal Code 2. Vendor Identification Card and Vehicle Sticker 3. List of Current Licensed Street Vendors CA tjw:LO4 5.64.010 Chapter 5.64 PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS* Sections: 5.64.010 Definitions. 5.64.020 Street vendor license — Required. 5.64.030 Street vendor license — Exceptions. 5.64.040 Street vendor license—Application. 5.64.050 Street vendor license —Fee. 5.64.060 Street vendor license— Photographing. 5.64.070 Street vendor license — Approval authority. 5.64.080 License — Content. 5.64.090 Street vendor license— Exhibiting. 5.64.100 Street vendor license — Multiple business. 5.64.110 Street vendor license identification card— Required. 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 use permit. 5.64.170 "No Solicitors" signs. 5.64.180 Revocation of license. 5.64.190 Appeal of authority's revocation decision. * Prior ordinance history: Ord. 60. 5.64.010 Defmitions. As used in this chapter: "The authority" means 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. "Hawker" means 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 hom, or other means. "Nonprofit organizations" means a nonprofit corporation that has obtained recognized state or federal tax exempt status. "Peddler" means any person who goes from house to house or from place to place seeking to make concurrent 118 sale and delivery of the goods, wares and merchandise of any nature whatsoever. "Solicitor" means 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 fur- nished or performed in the future, whether or not such individual has a sample and whether or not he or she is collecting advance payments. "Street vendor" is a generic term that includes all hawkers, peddlers, solicitors, transient merchants, and itinerant merchants as defined herein. "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 dis- posed 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. "Vehicle" is any cart, automobile, truck or other similar wheeled device, motorized or not, used for the purpose of assisting a street vendor in conducting his or her busi- ness. Note: Any word not defined herein shall be used as defined in the Moorpark Municipal Code; if the word is not defined in the Moorpark Municipal Code the word shall be used as defined in Webster's Unabridged Dictionary, latest edition. (Ord. 169 § 1 (part), 1993) 5.64.024 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. Nonprofit organizations may operate under one single license regardless of the number of street vendors which the organization may have. (Ord. 169 § 1 (part), 1993) 5.64.030 Street vendor license— Exceptions. The provisions of this chapter shall not apply to whole- sale salespersons who sell to, or solicit of, established places of business. (Ord. 169 § 1 (part), 1993) 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 , jQp1,QS make a written application to the authority stating the following information: A. The name and description of the applicant or orga- nization 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 individu- als 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 there- of, 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 nonprofit organization is required to provide a copy of the organization's federal or state tax exemption status. (Ord. 169 § 1 (part), 1993) 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. Nonprofit organizations must meet the requirements 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 resolu- tion. Fees are payable to the issuing authority upon accep- tance of the application. (Ord. 169 § 1 (part), 1993) 5.64.060 Street vendor ficense- Photographing. Each street vendor shall be photographed by the authori- ty. Nonprofit organizations are exempted from this section. (Ord. 169 § 1 (part), 1993) 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 applica- tion in no more than fifteen (15) calendar days from the time the application is received. (Ord. 169 § 1 (part), 1993) 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; 119 5.64.040 F. The date of expiration of the license; G. The name of each person or company for whom the licensee will act or work. (Ord. 169 § 1 (part), 1993) 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 with whom the licensee seeks to sell any goods, wares, merchandise or services. (Ord. 169 § 1 (part), 1993) 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. (Ord. 169 § 1 (part), 1993) 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. The 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. Nonprofit organizations are exempt from this section. (Ord. 169 § 1 (part), 1993) 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. (Ord. 169 § 1 (part), 1993) 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 /s) mile of any elementary or secondary public or private school or any public park between the hours of eight (8:00) am. and four (4:00) p.m. on days school is in session. Nonprofit 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 #JocJios 5.64.130 the school or other authorized person thereof. The written invitation shall be presented to any city official or law enforcement officer upon demand. (Ord. 169 § 1 (part), 1993) 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 5.64.030F. 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. Nonprofit organizations are exempt from this section. 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. (Ord. 169 § 1 (part), 1993) 5.64.150 Parking restrictions. No person licensed pursuant to the provisions of this chapter, while engaged in the business of selling or deliver- ing products from a vehicle used in his or her trade, includ- ing 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. (Ord. 169 § 1(part), 1993) 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. (Ord. 169 § 1 (part), 1993) 5.64.170 "No Solicitors" signs. It is unlawful for any solicitor or other street vendor to solicit business on private property that has a "No Solici- tors" sign prominently displayed (Ord. 169 § 1(part), 1993) 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) 120 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. (Ord. 169 § 1 (part), 1993) 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. 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 fol- lowing 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. (Ord. 169 § 1 (part), 1993) o(. oV? -w t� - 0 m CITY OF MOORPARK: Solicitors /Peddlers Permit Date Issued Expiration Date This permit shall serve as notice authorizing: Name For Type of Permit Address While in compliance with all applicable regulations of this jurisdiction and conditions an 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: CITY OF LTA Lei Lei - - A - ' VEHICLE VENDOR PERMIT 0131 �N 1. Quality Catering 2. Madrigal Distributors 3. OR Ice Cream 4. Julio's Ice Cream 5. La Tapatia 6. La Tapatia II 7. Luna's Produce 8. La Tapatia III 9. Yummy's Ice Cream ATTACHMENT_ CURRENT PERMITTED VENDORS 10. 11. 12. 13. 14. 15. 16. 17. 18. Morales Produce Mal Ice Cream City of Hope J.R. Produce Mier's Produce Rodriquez Produce R & R Produce Amezcuma Produce Herman's Produce t�ac�lo�