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HomeMy WebLinkAboutOrd 926-1983 ORDINANCE NO. 926-83 AN ORDINANCE ADDING TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTER 6.90 ENTITLED "STREET VENDORS PROHIBITED ON PUBLIC PROPERTY" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 6.90 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE There is hereby added to the South San Francisco Municipal Code Chapter 6.90, which shall read as follows: "CHAPTER 6.90 STREET VENDORS PROHIBITED ON PUBLIC PROPERTY Sections: 6.90.010 6.90.020 6.90.030 Definitions Street Vendors Prohibited on public property Street Vendors Prohibited - Exception - Permit 6.90.010 Definitions. For the purpose of this Chapter, the followin§ words used herein are defined as follows: (a) "Public Property" shall mean any public street, sidewalk, park or other property owned or controlled by the City. (b) "Business" In addition to the definition set forth in Section 6.08.020, of this Code, the term "business" for the purpose of this Chapter, shall include any activity subservient to, supportive of, or done in conjunction with the operation of a regularly licensed business. 6.90.020 Street Vendors Prohibited on public property. A. No person, firm or corporation shall conduct or cause to be conducted any business, or solicit, or cause to be solicited, any business of any kind upon any public property within the City of South San Francisco, whether such busi- ness or solicitation is from a vehicle or otherwise, except a business which can only, by its very nature, be conducted upon a public highway, street, road or -1- alley, such as, but not necessarily limited thereby, taxicab operators, opera- tors of public conveyances, suppliers and delivery men delivering or supplying goods, wares, merchandise, foods, edibles, liquids, or the like to businesses or residences fronting from any public street, road, highway or alley in the City of South San Francisco. B. No person shall stand, park, place or maintain on any public property any vehicle, wagon, push cart, container or basket from which any goods, wares, merchandise, food stuffs, edibles, liquids or other products are displayed, sold, or offered for sale, barter or exchange. C. All violations of this section shall constitute in addition to any other penalty imposed by this code, grounds for business license revocation. 6.90.030 Street Vendors Prohibited - Exception - Permit. No person, owner or occupant of any' store, shop, office or other place of business shall use, authorize, or cause the use of any part of the sidewalk of any public street for the display of fruit or vegetables, or of any goods, wares or merchandise of any kind whatsoever. However, temporary sidewalk sales or displays may be allowed in commercial districts only with a special permit from the City Manager subject to meeting the following terms and conditions: 1) Permits may be granted only to organized merchant groups which have existed as such for at least one year and who can furnish the required insurance coverage as stated in Section 6.90.040 herein, and be held legally accountable for meeting all conditions of the permit, except that: a) Special features may be allowed, such as art shows, refreshment stands and entertainment, provided they are sponsored by the merchant groups, included in their insurance coverage, and comply with Title 6 of this Code by obtaining the additional permits and pay the required business license fees. 2) Applications for temporary sidewalk sales or displays shall be accom- panied by a non-refundable processing fee in an amount as set forth in the -2- Master Fee Schedule of the City of South San Francisco as adopted by resolution of the City Council. 3) Permits may not be granted for a period in excess of three (3) suc- cessive calendar days, nor for the same merchant's group at the same general location more than once each six (6) months. 4) All encroachments upon the sidewalk permitted hereunder shall be so arranged as to allow free and safe passage thereon to all persons and otherwise meet all requirements of the fire, police, department of public services and community development departments. 5) Temporary signs may be permitted in such type, size and manner of display as in the discretion of the City Manager shall be reasonably necessary and justifiable, as exceptions to the requirements of Title 17 of this code. 6) Such other terms and conditions to provide for the controls upon use of the sidewalks as shall be reasonably necessary in the public interest of health and safety. 7) The limited permit authorized herein shall be in addition to all other permits allowed by this Code; and the issuance thereof shall be an exception to all other provisions of this Code and shall not be in violation of the zoning ordinance of the City or any zoning provisions of this Code. 6.90.040 Insurance Coverage A. The application for a temporary sidewalk sales or displays permit, must be accompanied by a Certificate of Insurance in the following amounts: 1. Worker's Compensation and employers' liability insurance in the statutory amount, as applicable. 2. Public Liability Insurance: In an amount not less than $500,000.00 for injuries including, but not limited to, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of any one occurrence, -3- 3. Property Damage Insurance: In an amount not less than $500,000.00 for damage to the property of each person on account of any one occurrence. 4. The insurance required by Subsections 2, and 3 shall be extended to include the City of South San Francisco, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Permittee, as described herein. Evidence of the insurance described above shall be provided to City prior to issuance of the permit and shall be subject to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty days written notice to City. In addition, the following endorsement shall be made on said policy of insurance. "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be pri- mary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsur- ance shall not be required to contribute to any liability or loss until and unless the approxi- mate limit of liability afforded hereunder is exhausted." 6.90.050 Violation; Penalty Any person, firm, partnership, corporation or association of any kind violating any of the provisions of this ordinance shall be guilty of a mis- demeanor and upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment." SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. AYES: SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Introduced this 27thday of July , 1983 Passed and adopted as an Ordinance of the City Council of the City of South San Francisco this 3rd day of August , 1983, by the following vote. Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia None None NOES: ABSENT: Ci C1~ ~ ATTEST:~tyerk~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 3rd day of August , 1983 -5- Il1 [ I' 'lllll