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HomeMy WebLinkAboutOrd 1028-1988CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ORDINANCE SUMMARY AN ORDINANCE REPEALING CHAPTER 6.90 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED "STREET VENDORS PROHIBITED ON PUBLIC PROPERTY" AND ADOPTING A NEW CHAPTER 6.90 ENTITLED "REGULATION OF STREET VENDORS" AND AMENDING SECTIONS 6.12.100 AND 11.40.140 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO REGULA- TION OF STREET VENDORS 1. SUMMARY. This Ordinance repeals Chapter 6.90 of the South San Francisco Municipal Code, adds a new Chapter 6.90 and amends Sections 6.12.100 and 11.40.140. All of these provisions pertain to regulation of street vendors. Chapter 6.90 currently prohibits vending on all public property, including streets, sidewalks and parking lots. This ordinance will allow vending from motor vehicles on public streets subject to specified safety regulations. Vending shall not be permitted within one hundred (100) feet of any intersection nor within five hundred (500) feet of any school. Vending vehicles may stop for a maximum of thirty (30) minutes in any one location and must move at least two hundred (200) feet to the next vending location. In addition, vending vehicles may not be parked in any way which impedes or blocks traffic. The ordinance amends Section 11.40.140 to reflect these new parking regulations. The ordinance requires all street vendors to first obtain a permit from the Finance Department. To obtain this permit the applicant must provide information regarding the goods to be sold, the vehicles to be used and proof of insurance. The ordinance amends Section 6.12.100 of the Municipal Code to clarify that vendors must obtain this permit and not the identification card required of door to door peddlers. ORDINANCE NO. 1028 -88 AN OR INANCE REPEALING CHAPTER 6.90 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE ENTITLED "STREET VENDORS PROHIBITED ON PUBLIC PROPERTY" AND ADOPTING A NEW CHAPTER 6.90 ENTITLED "REGULATION OF STR ET VENDORS" AND AMENDING SECTIONS 6.12.100 AND 11.40.140 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO REGULA- TION 0 STREET VENDORS THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION11. Chapter 6.90 of the South San Francisco Municipal Code Repealed Chapter 6.90 of the South San Francisco Municipal Code (Ordinance No. 926) is hereby r pealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in viola- tion of sai chapter or ordinance prior to the effective date of this ordinance. SECTIONI2: Chapter 6.90 of the South San Francisco Municipal Code Added A new Ct to the Soutt Sections: 6.90 .010 6.90.020 6.90.030 6.90.040 6.90.050 6.90.060 6.90.070 6.90.080 6.90.090 6.90.100 6.90.110 ter 6.90 entitled "Regulation of Street Vendors" is hereby added an Francisco Municipal Code to read as follows: CHAPTER 6.90 REGULATION OF STREET VENDORS Purpose Definitions General Prohibition Sidewalk Vending Prohibited Street Vending From Human Powered Devices Prohibited Street Vendor Permit Insurance Coverage Temporary Sidewalk Sales General Street Vendor Regulations Suspension or Revocation of Street Vending Permit Violation -- Penalty Section 0.90.010 Purpose. It is the p provide res vending veh and health 1 1 I 1 1 pose and intent of the City Council in enacting this chapter to nsible companies and individuals who engage in the operation of les with clear and concise regulations to prevent safety, traffic, zards, as well as to preserve the peace. a !^ Section 6.90.020 Definitions. (a) "Business" shall mean all professions; trades; and occupations whether or not carried on for profit and any activity subservient to; supportive o`; or done in conjunction with the operation of a regularly licensed business. (b) "Goods or Merchandise" shall mean items and products of every kind and description, including all food, produce and beverage items. (c) "HLman Powered Device" shall mean any device moved by human power ircluding but not limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container or conveyance. (d) "License" shall mean a business license issued by the City pursuant to Title 6 of this code. (e) "Operator" shall mean any person owning, operating, or otherwise con- trolling any business involving the vending of goods or merchandise from a vehicle. (f) "Peddler" shall mean any person going from house to house, place to place, or in or along the streets within the City selling and making immediate delivery or offering for sale and immediate delivery any gods or merchandise, or anything of value, in possession of the peldler, except such goods and merchandise sold and delivered to manufacturers, wholesalers, jobbers, or retailers, for the purpose of resale. (g) "Permit" shall mean a street vending permit issued by the City pursuant to this chapter. (h) "Pe -son" shall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature. (i) "Public Property" shall mean all area dedicated to public use including but not limited to streets, roadways, alleys, sidewalks, and public parking lots. (j) "Sicewalk " shall mean that area of improved real property between any curb face and the property line of adjoining real property. (k) "Street Vendor" shall mean any person who engages in the act of vending frcm a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom. (1) "Vehicle" shall mean as defined in the California Vehicle Code but shall not include human powered devices as defined in this chapter. (m) "Vend or Vending" shall mean the sale or offering for sale of any goods or merchandise to the public from a vehicle. " (n) Vending Vehicle shall mean any vehicle as defined in this chapter, used for the purposes of selling or offering for sale goods or merchan- dise to the public. Vending vehicles shall include but not be limited to any catering truck; lunch wagon, eating car, van, or trailer. Section 6.90.030 General Prohibition. It shall be unlawful for any person, on behalf of themselves or any other person, to sell or offer for sale any goods or merchandise from any vehicle parked, stopped, or standing upon any public property in the City except in accordance with all applicable provisions of this chapter and code. Section 6.90.040 Sidewalk Vending Prohibited. It shall be unlawful for any person to use, authorize, or cause the use of any part of the sidewalk of any public street or any public parking lot for the display or sale of any goods or merchandise. However, temporary sidewalk sales or displays may be allowed in the commercial district pursuant to a special permit issued by the City Manager as provided for in Section 6.90.080. Section 6.90.050 Street Vending From Human Powered Devices Prohibited. It shat' be unlawful for any person to sell or offer for sale any goods or merchandise from any human powered device which is parked, stopped or standing upon any public property in the city. Section 6.90.060 Street Vendor Permit. (a) It shall be unlawful for any person to sell or offer for sale any goods or merchandise on any public property where such activities are permitted pursuant to this chapter without a permit issued in accordance with this section. (b) Any person desiring to engage in street vending within the City shall first obtair a permit from the Finance Department. An application for a street vending permit shall include the following information in writing: (1) A description of the goods or merchandise which the person intends to vend; (2) The number of vending vehicles to be owned, operated, or controlled by the a3plicant, and the make, body, style, year, serial and engine number, state license plate number, and name and address of the registered and /or legal owiers of each vehicle; (3) A description of the logos, color scheme, insignia, and any other distinguishing characteristics of the applicant's vehicles; -3- (L) A certificate of insurance or other additional proof as may be required by the City Attorney, showing evidence of insurance as required by Section 6.90.070. (5) A sworn statement by the applicant that all vending vehicle drivers employed by the applicant possess a valid California driver's license. (6) A description of any additional equipment or materials to be used it conjunction with the vending vehicle(s). (7) A copy of a current food establishment permit issued pursuant to Chapter 8.08 of this code for any applicant vending food or drink as defined in that chapter. (c) Tfose persons operating in the City as street vendors on the effective date of this chapter shall be required to obtain a permit at such time as they seek to rerew their business license after the effective date of this chapter. Sectior 6.90.070 Insurance Coverage. (a) An application for a street vendor permit or a temporary sidewalk sale or display permit must be accompanied by a certificate of insurance in the following amounts: r-- (1) Commercial General Liability insurance in an amount not less than five hundred thousand dollars for injuries including, but not limited to death to any one person, and subject to the same limit for each person, in an amount not less than one million dollars combined single limit per occurrence for bodily injury, personal injury and property damage. (2) Automobile Liability (Code 1) insurance in an amount not less than five hundred thousand dollars combined single limit per accident for bodily . injury and property damage. (3) The insurance required by subsections (1) and (2) of this section shall ba extended to include the City, its elective and appointive commissions, . boards, officers, agents and employees, with respect to operations performed by the jermittee, as described in this chapter. Evidence of the insurance described in this section shall be provided to the 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 ipon thirty days written notice to City. In addition, the follow- ing endorsement shall be made on the policy of insurance: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insur- ance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." -4- i in i 1 11 1 (a) Temporary sidewalk sales or displays may be allowed in commercial districts only with a special permit from the City Manager which may be issued subject to 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 in- surance coverage required in Section 6.90.070, and be held legally accountable for meeting all conditions of the permit. (2) Applications for temporary sidewalk sales or displays shall be accompaiied by a nonrefundable processing fee in an amount as set forth in the :ity's Master Fee Schedule as adopted by resolution of the City Council. (3) Permits may not be granted for a period in excess of three successive calendar days, nor for the same merchant's group at the same general location more than once every six months. (4',) All encroachments upon the sidewalk permitted under this chapter shall bye so arranged as to allow free and safe passage thereon to all persons and otherwise meet all requirements of the Fire, Police, Technical and Maintenance Services and Community Development Departments. (51) Notwithstanding the provisions of Chapter 20.76 of this code, !!'-- 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 to promote the sidewalk sale or display. (6 Such other terms and conditions as shall be deemed reasonably necessary by the City Manager to protect the public health and safety. (7) The limited permit authorized by this section shall be in addition to all other permits allowed by this code. The issuance of the permit shall be an exception to all other provisions of this code. SectioW 6.90.090 General Street Vendor Regulations. (a) Each operator shall possess and at all times display in conspicuous view upon each vending vehicle a City of South San Francisco business license issued pursuant to Title 6 of this code and a street vending permit issued pursuant to this chapter. (b) Each operator selling or offering for sale any produce or other food item for which a food handling permit or other health permit is required by Chapter 8.0$ of this code shall possess and at all times display such required permit(s) in conspicuous view upon each vending vehicle. (c) Vending from any vehicle shall not be permitted within one hundred j"— (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. -5- W W I► L, _... ... �. .,..... , . ,. _:. ... ... .... _,.`_ .. ..., .:,. <, ....... �. ,:......... m. _.�..... .. _...,;_._...,.__... .._ �.... v. ..:..:...,.........;...,...:. ,:,......y......:n.: - _.....__.. _... _.. �....+ W............-,.......,:, a.. x. �r;:.. 4it... w�.,�ktiw�'.,:0.3..::....,:s... (d) Vending from any vehicle shall be limited to thirty (30) minutes in any one location and the vehicle must be moved a distance of not less than two hundred (20b) feet between consecutive stops at which vending occurs. Once a vehicle has moved from a vending location it may not return to that location for at least thirty (30) minutes. (e) Vehicles shall not 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 any street. (f) Operators shall not conduct business in any congested area where their operation might impede or inconvenience the public. For purposes of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced. (g) Each vending vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending. (h) Each street vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter, or other refuse 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 street vendor or operator shall dispose of any trash or refuse in any 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. (i) Vending shall not be permitted until the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner. (j) Vending vehicles shall not use any sound amplifier or loudspeaker for the purpo w of advertising or attracting attention to goods.or merchandise offered for 'sale without first obtaining a permit from the Police Chief pursuant to Section 11.52.010 of this code. (k) Vending shall not be permitted directly to persons in other vehicles or from other than the curb side of the vending vehicle. Section 6.90.100 Suspension or Revocation of Street Vending Permit. Failure to carry on, maintain and conduct a street vending business according to the regulations provided in this chapter shall be grounds for suspension or revocation of the street vending permit. Section 16.90.110 Violation -- Penalty. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as set forth in Chapter 1.24 of the South San Francisco Municipal Code. -6- ■ 1 1 R SECTION 3. Section 6.12.100 of the South San Francisco Municipal Code is hereby amended to read: Section: 6.12.100 Peddlers' and Solicitors' Identification. The Police Department shall issue an identification card to each person licensed as' a solicitor, or door to door peddler, and each employee for use in conducting said business. Street vendors, as defined and regulated in Chapter 6.90 of this code are exempt from this identification card requirement. SECTION 4. Section 11.40.140 of the South San Francisco Municipal Code is hereby amended to read: Section'11.40.140 Unlawful Parking By Street Vendors. (a) Except as otherwise provided in this section, no person shall stand or park any vending vehicle, as defined in Section 6.90.020, for the purpose of selling or offering for sale any goods or merchandise on any street within the city except that such vending vehicles may stand or park adjacent to the curb in a lawful manner as more fully set forth in Section 6.90.090 of this code. (b) In the interest of traffic and pedestrian safety, no vending 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 or' pedestrians on the public street and sidewalk, or creates or con- stitutes a traffic safety hazard. The provisions of this subsection shall not apply to persons delivering such articles upon order of, or by agreement with, a customer from a store or other fixed place of business of distribution. (c) Whenever a street vending permit is granted under the provisions of Chapter 6.90 and a particular location to park or stand is specified therein, no person shall park or stand any vending vehicle in any location other than that designated on the permit. (d) Street vendors are more specifically defined and regulated by Chapter 6.90. All regulations set forth in Chapter 6.90 are applicable to the designa- tion of street vendor or street peddler. SECTION 5. SEVERABILITY In the event any section or portion of this Ordinance shall be deter- mined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. -7- ■ . I'. SECTION 6. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effec- tive thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco., held the' 13th day of January I , 1988 Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 27th day of January 19 88 , by the following vote: AYES: CounHcilmembers Mark N. Addiego, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago NOES: None' ABSTAIN: None, ABSENT: Countilmember Richard A. Naffey "9ATTEST: /s/ Barbara A. Battaya City Clerk As Mayor Of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 27th day of January 1988 Mayor -8- The ordinance continues the prohibition against vending on public sidewalks and parking lots. However, temporary sidewalk sales are still permitted subject to approval by the City Manager. Vending from human powered devices is pro- hibited. Violation of any provision of this ordinance shall be a misdemeanor punish- able by a fine and /or imprisonment. 2. This Ordinance Summary was prepared pursuant to Government Code Section 36933. The City Council ordered preparation of this Ordinance Summary by the City Attorney. DATED: January 14, 1988 /& �-' City Cler 3. CERTIFICATION AND POSTING PRIOR TO ADOPTION. A certified copy of the full text of this Ordinance is posted in the office of the City Clerk, City Hall, South San Francisco, California. The Ordinance was read for the first time on the 13th day of January , 1988 , and is scheduled for second reading and adoption on the 27th day of January 1988 DATED: January 14, 1988 City Clerk -2- 4. CERTIFICATION AND POSTING AFTER ADOPTION. This Ordinance was adopted on the 27th day of January 198 8 , and a certified copy of the full text, together with the names of the Council members voting for and against the Ordinance or otherwise voting, is posted in the office of the City Clerk. The vote was recorded as follows: FOR: Councilmembers Mark N. Addiego, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago AGAINST: None ABSTAINED: None ABSENT: Councilmember Richard A. Haffey -3- 1 7 r