HomeMy WebLinkAboutPSAC 04-14-2010 Agenda Item No. 4 CITY OF
LADE 6
DREAM EXTREME.
REPORT TO PUBLIC SAFETY ADVISORY COMMISSION
TO: CHAIRMAN AND COMMISSION MEMBERS
FROM: MARK DENNIS
INFORMATION /COMMUNICATIONS MANAGER
DATE: APRIL 14, 2010
SUBJECT: YARD SALES AND STREET VENDOR REGULATION IN LAKE
ELSINORE
Background
At the February meeting during Commissioner comments, the City Attorney's office was
asked regarding City regulation of street vendors and yard sales. Both of those
activities are addressed in the City's Municipal Code.
�.., Yard Sales
Chapter 5.112 of the LEMC regulates yard sales in the City and is attached for your
review. "Yard sales" is broadly defined to include patio and garage sales and is
primarily the sale of personal items (such as clothing, interior furnishing, small
appliances, toys, etc) in a residential area. "Yard sales" are distinguished from similar
sales by charitable organizations which are called "rummage sales." "Rummage sales"
are regulated by Chapter 5.104 (also attached).
The yard sale regulations impose a limit of two yard sales per year per household which
cannot exceed three days in length. There must be a four month period between yard
sales.
Property for sale must be kept out of the public right of way and a single sign is allowed
on the owner's property. Sign advertising the yard sale cannot be placed within the City
right of way.
Finally, a person planning a yard sale is required to obtain a permit from the City. One
hundred ninety -five (195) permits were issued in 2009.
Agenda Item No. 4
Page 1 of 2
City of Lake Elsinore
Public Safety Advisory Commission
April 14, 2010
Page 2
Street Venders
Chapter 5.32 of the LEMC regulates peddlers, solicitors and mobile venders
(collectively, "vendors ") in the City and is attached for your review.
Section 5.32.020 requires that vendors obtain a license from the City. A detailed
license procedure is also mandated and includes gathering background information
such as the vendor's name, address, nature of business, place of proposed sales, and
criminal background.
Chapter 5.32 also requires mobile venders to have insurance and limits sales hours to
one -half hour before sunrise until one -half hour after sunset. Vendors are not allowed
to initiate contact with residences displaying a "no peddler" sign and cannot use a
loudspeaker to attract business. Mobile venders cannot conduct business on streets
where the speed limit exceeds 30 mph and must have a back -up warning device.
We conducted a survey of cities to see how the City's vendor ordinance compares to
other cities. There was one area of notable distinction. Some cities include special
regulation of food venders.
Vendor ordinances (which include food vendor regulations) from the cities of Temecula
and Santa Clarita are attached. These ordinances are typical examples of vendor
ordinances in other cities and may be useful to the Commission for comparison
purposes.
Recommendation
That the Commission advises the City Attorney's office of any recommended additional
or revised components to the City code regarding yard sales and vendors.
Prepared by: David H. Mann
Assistant City Attorney
Agenda Item No. 4
Page 2 of 2
Chapter 5.112 YARD. GARAGE, AND HOUSE SALES Page I oft
Chapter 5.112
YARD, GARAGE, AND HOUSE SALES
Sections:
5.112.010 "Yard sale" defined.
5.112.020 Exemptions.
5.112.030 Frequency and time.
5.112.040 Display.
5.112.050 Signs.
5.112.060 Permit — Required.
5.112.070 Permit — Denial — Revocation.
5.112.010 "Yard sale" defined.
"Yard sale," including patio or garage sales, shall mean the safe of personal
property in, at, or upon any residentially zoned property by the occupant(s) and is
limited to the sale of common household goods such as clothing, interior
furnishings, small appliances, toys and other similar items. [Ord. 1001 § 20, 1995;
Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.010].
5.912.020 Exemptions.
The provisions of this chapter shall not apply to sales conducted pursuant to
process or order of any court of competent jurisdiction. [Ord. 1001 § 20, 1995; Ord.
865 §§ 1, 2, 1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.0201.
5.112.030 Frequency and time.
An individual seller, household, home address group, or family shall be permitted
no more than two yard sales per calendar year. The length of time per yard sale
shall not exceed three consecutive days and shall be held at least four months
apart. Sales shall be conducted only between the hours of 8:00 a.m. to 8 :00 p.m.
Charitable, religious and civic organizations shall be exempt from the provisions of
this section. [Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2, 1989; Ord. 567 § 1, 1977.
Code 1987 § 5.76.030].
5.112.040 Display.
All merchandise offered for sale shall be arranged so that fire, police, health and
other officials may have access for inspection at all times during the sale. Personal
property offered for sale shall not be displayed or stored on adjoining public
sidewalks or streets or rights -of -way. [Ord. 1001 § 20, 1995; Ord. 865 §§ 1, 2,
1989; Ord. 567 § 1, 1977. Code 1987 § 5.76.0401.
5.112.050 Signs.
One sign with an area not greater than four square feet in area may be posted
on the property where the yard sale occurs, during the hours of the sale only. The
sign must be removed at the conclusion of the sale. No other signs are permitted,
including signs on public property. [Ord. 1001 § 20,1995; Ord. 865 §§ 1, 2,1989;
Ord. 567 § 1, 1977. Code 1987 § 5.76.050].
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Chapter 5.112 YARD. GARAGE. AND HOUSE SALES Page 2 of 2
5.112.060 Permit — Required.
It shall be unlawful to conduct a yard sale, as defined in this chapter, without a
City yard sale permit. Upon application, the City shall issue a nontransferable
permit for the specked location. [Ord. 1001 § 20, 1995 Ord. 865 §§ 1, 2, 1989;
Ord. 567 § 1, 1977. Code 1987 § 5.76.060].
5.112.070 Permit — Denial — Revocation.
Any permit issued pursuant to this chapter may be revoked or any application for
issuance of a permit may be refused if the application for the permit contains any
false, misleading or fraudulent statement. Any individual violating the provisions of
this chapter shall suffer cancellation of any existing permit and shall not be issued
another permit for a period of two years from the time of the cancellation. [Ord.
1001 § 20, 1995. Code 1987 § 5.76.070].
This page of the Lake Elsinore Municipal Code is current through Code Publishing Company
Ordinance 1256, passed 3anuary 13, 2009. ( http: / /www.codepublishing.conV)
Disclaimer: The City Clerk's Office has the official version of the Lake Elsinore
Municipal Code. Users should contact the City Clerk's Office for ordinances
passed subsequent to the ordinance cited above.
City Website: http: / /www.lake- elsinore.org/ (http: / /www.lake-elslnore.org /)
Telephone number: (951) 674 -3124
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Chapter 5.104 RUMMAGE SALES Page 1 of 2
Chapter 5.104 ` Now
RUMMAGE SALES
Sections: .
5.104.010 Defined.
5.104.020 Permit required.
5.104.030 Permit - Issuance.
5.104.040 Permit - Application - Requirements.
5.104.050 Permit - Revocation or suspension.
5.104.060 Permit - Exceptions.
5.104.010 Defined.
"Rummage sale," as used herein, includes the sale or offering for sale to the
public of any secondhand property, merchandise, goods, or junk, including
reclaimed or salvaged goods, by any charitable, religious, eleemosynary, fraternal,
benevolent, or other nonprofit organization, or any individual purporting to act on
behalf of charity, for the real or purported purpose of devoting the proceeds to
charitable or benevolent purposes. [Ord. 346 § 1, 1953. Code 1987 § 5.72.0101.
5.104.020 Permit required.
No rummage sale shall be held, conducted, or advertised without a permit
therefor from the Community Development Director. [Amended 1987; Ord. 346 § 2,
1953. Code 1987 § 5.72.0201.
5.104.030 Permit - Issuance.
The Community Development Director shall issue not more than one permit to
any one organization or individual in any quarter of the calendar, year. Such permit
shall be valid only for the particular three -day period specified thereon, shall be
issued without charge, shall not be transferable, and shall be valid only for the one
location specified thereon. [Amended 1987; Ord. 346 § 3, 1953. Code 1987
§ 5.72.0301.
5.104.040 Permit - Application - Requirements.
A rummage sale permit shall be issued only upon written application, verified by
a person who is to be in effective control of the conduct of the sale, which shall
certify that the proceeds of the proposed rummage sale will be devoted to
charitable purposes, and that the applicant, if it is an organization, is a nonprofit
organization. The denial of any such application or the revocation or suspension of
any rummage sale permit shall not affect the right of the applicant to apply for a
secondhand or junk dealer's license, upon payment of the required fees therefor
and otherwise complying with applicable ordinances. [Ord. 346 § 4, 1953. Code
1987 § 5.72.040].
5.904.050 Permit- Revocation or suspension.
Any permit issued hereunder may be revoked or suspended, and any
subsequent application within one year denied, for the willful violation of the law in
the conduct of the sale, or whenever the City Council finds that the sale is being
conducted for private gain or profit and not for charitable purposes. [Ord. 346 § 5,
1953. Code 1987 § 5.72.050]. �•�°
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Chapter 5. 104 RUMMAGE SALES Page 2 of 2
5.104.060 Permit — Exceptions.
No rummage sale permit shall be required of any person who holds a valid
license and permit to engage in the secondhand business or in the junk business,
for which he has paid the regular license fees. [Ord. 346 § 6, 1953. Code 1987
§ 5.72.060].
This page of the Fake Elsinore Municipal Code is current through Code Publishing Company
Ordinance 1258, passed 3anuary 13, 2009 ( http : / /www.codepublishing.com /)
Disclaimer: The City Clerk's Office has the official version of the Lake Elsinore
Municipal Code. Users should contact the City Clerk's Office for ordinances
passed subsequent to the ordinance cited above.
City Website: http: / / www.take- elsinore.org/ (http : / /www.take - elsinore.org /)
Telephone number: (951) 674 -3124
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Chapter 5.32 PEDDLERS, SOLICITORS, AND MOBILE VENDORS Page 1 of
Chapter 5.32
PEDDLERS, SOLICITORS, AND MOBILE VENDORS
Sections:
5.32.010 Definitions.
5.32.020 License — Required.
5.32.030 License — Application — Contents.
5.32.040 Vehicle insurance.
5.32.050 License — Application — Investigation.
5.32.060 License — Issuance.
5.32.070 License - Term,
5.32.080 Hours of operation.
5.32.090 Disturbance prohibited.
5.32.100 License — Restrictions.
5.32.110 License — Grounds for denial, revocation.
5.32.120 Penalty for violation.
5.32.010 Definitions.
"Business by vehicle" means the running, driving or operating of any vehicle,
automobile, truck, automobile tank, wagon or any vehicle for the purpose of
transportation, sale, collection or delivery of goods, wares, merchandise or other
personal property of any kind from a vehicle, either as a principal business or in
connection with any other business or in soliciting for work, labor or services to be
performed upon the public streets in or from a vehicle, or to be performed on
goods, wares, merchandise, clothes or other personal property to be taken for such
purpose to a plant or establishment inside or outside the City. This definition shall
not be deemed to apply to the delivery of goods by persons operating such a
vehicle in conjunction with a fixed place of business within the City for which such
business a license fee has been paid pursuant to the provisions of this chapter.
This definition shall not be construed as imposing a tax upon vehicles, but as a
method of classification of businesses and distinguishing between persons
maintaining a fixed place of business in the conduct of which a vehicle is used, and
persons maintaining a business in the conduct of which vehicles are used, but who
do not have a fixed place of business in the City.
"Commercial traveler" means and includes any person who travels or goes from
place to place within the City algid solicits, sells or takes orders at retail for goods,
wares or merchandise for present or future delivery.
"Mobile vending" means business by vehicle.
"Peddler" means and includes any person who travels or goes from house to
house within the City and peddles, hawks, vends or sells any goods, wares,
medicines, merchandise or anything of value in the possession of the peddler to
persons other than manufacturers, wholesalers, jobbers or retailers in such
commodities.
"Public parkway" means any portion of a public street right -of -way which is set
apart by curbs or land designated by the City, for pedestrian travel.
"Public street" means that portion of a street designated as such by the City,
� — which is improved or unimproved, designed and ordinarily used by the public for
the primary purpose of vehicular traffic.
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Chapter 5.32 PEDDLERS, SOLICITORS. AND MOBILE VENDORS Page 2 of 5
"Solicitor" means and includes any person who goes from house to house within
the City and solicits or takes orders at retail for any services, goods, wares or
merchandise for future performance or delivery. [Ord. 1001 § 9, 1995. Code 1987 r .
§ 5.22.010].
5.32.020 License — Required.
It is unlawful for any person, either as owner, agent, operator or otherwise to
engage in the business of operating any peddler, solicitor or mobile vendor without
first securing a license so to do from the City according to each and every
regulation contained in this chapter any regulations or rules promulgated by
resolution pursuant thereto. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.020].
5.32.030 License — Application — Contents.
Applicants for licenses to commence, manage, engage in, maintain, conduct or
carry on the business described in LEMC 5.32.010, must furnish to the City the
following additional information:
A. The true and fictitious names and description of applicant;
B. Permanent home address and full local address of applicant;
C. Brief description of the nature of the business and the goods to be sold;
D. The city, county and state where the person conducted any kind of selling
activity within the past five years;
E. If employed, the name and address of the employer, together with credentials
establishing the exact relationship;
F. The length of time for which the right to do business is desired;
G. The place where the goods or property proposed to be sold, or orders taken
for the sale thereof, are manufactured or produced; where such goods or products
are located at the time said application is filed; and the proposed method of
delivery;
H. Photograph of applicant and photograph of any vehicle used in such peddling
or solicitation taken within 60 days immediately prior to the date of filing
application; picture of applicant shall be two inches by two inches showing the
head and shoulders of the applicant in a clear and distinguishing manner;
I. A statement as to whether or not applicant has been convicted of any crime,
misdemeanor or violation of any municipal ordinance, the nature of the offense and
the punishment or penalty assessed therefor;
J. A statement by a reputable physician of the City dated not more than 10 days
prior to submission of application, certifying the applicant to be free of contagious,
infectious or communicable diseases; and
K. A current list of prices for all products offered for sale from a mobile vending
vehicle must be prominently displayed on the vehicle in such a manner as to be
visible and readable with normal eyesight from at least five feet away. No product
shall be sold at a price in excess of the listed price. [Ord. 1001 § 9, 1995. Code
1987 § 5.22.030].
5.32.040 Vehicle insurance.
It shall be unlawful for any person to own, lease, drive, operate or cause or
permit to be driven or operated any motor vehicle used for mobile vending in the
City unless such person has a motor vehicle liability insurance policy, covering
each mobile vending vehicle, and showing the City as additionally insured, which
shall conform in all respects to the requirements of this chapter. The required
motor vehicle liability policy shall insure the owner, driver, and any other person ...r
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Chapter 5.32 PEDDLERS. SOLICITORS. AND MOBILE VENDORS Page 3 of 5
using or responsible for the use of any such mobile vending vehicle with the
consent, expressed or implied, of such owner, driver or person, against loss from
the liability imposed upon such owner, driver or person by law or injury to, or death
of, any person. Such policy shall cover bodily injury and property damage in
combined single -limit amount and not less than $1,000,000 for each vehicle. Proof
of such insurance coverage shall be furnished to the City prior to issuance or
renewal of a business license to or for such person, and to any duly authorized
police officer upon request for such proof. [Ord. 1001 § 9, 1995. Code 1987
§ 5.22.040].
5.32.050 License Application — Investigation.
At the time of filing such application, the fees established by resolution shall be
paid to the City to cover the cost of investigation of each owner and /or operator of
the facts stated therein.
Upon receipt thereof, the original application shall be referred to the City's law
enforcement agency, which shall cause such investigation of applicant's business
and moral character to be made as deemed necessary for the protection of the
public good. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.050].
5.32.060 License — Issuance.
Each license so issued shall state upon the face thereof the following, in addition
to any other pertinent information:
A. Name of licensee;
B. Kind of business licensed thereby;
C. Category and amount paid therefor;
D. Location of such business;
E. Date of expiration of license.
To each license there shall be attached photographs of licensee and of any
vehicle used in the business, such photographs to be identical with those filed by
licensee with his application pursuant to LEMC 5.32.030. [Ord. 1001 § 9, 1995,
Code 1987 § 5.22.060].
5.32.070 License —Term.
Licenses for peddlers, solicitors and mobile vendors issued under this chapter
shall be valid from the date of issuance for a period of one year, or shorter period
as specified at the time of application, unless the same has been terminated,
suspended or revoked for any of the causes as set forth in this chapter. [Ord. 1001
§ 9, 1995. Code 1987 § 5.22.070].
5.32.080 Hours of operation.
No person shall practice or engage in the business of peddler, solicitor or mobile
vendor during the period of time between half an hour after sunset and half an hour
before sunrise. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.080].
5.32.090 Disturbance prohibited.
No peddler, solicitor or mobile vendor selling or offering for sale, or pretending to
sell or offer for sale, goods of any kind or character shall ring the bell, or knock on
the door of, or attempt to gain admittance to any residence, dwelling, flat or
apartment whereon a sign bearing the words "no peddlers" is painted, affixed or
exposed to public view. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.0901.
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Chapter 5.32 PEDDLERS, SOLICITORS, AND MOBILE VENDORS Page 4 of 5
5.32.100 License — Restrictions.
A. No person shall sell, engage in sales, or offer to sell, display or offer for future
sale or display any goods, wares or merchandise in any public street or public
parkway within the City, except upon approval of a special permit from the City
Manager.
B. No driver of a mobile vending vehicle shall operate or permit operation of any
radio system, loudspeaker, or other noise device intended to make sound audible
outside the vehicle above 60 decibels when the vehicle is being operated upon any
street within the City.
C. No mobile vendor shall conduct business on streets where the speed limit
exceeds 30 miles per hour.
D. No mobile vendor shall vend within two -tenths of one mile from any private or
public schoolgrounds during the hour before or the hour after the regular school
day.
E. No mobile vendor shall vend unless the vehicle is lawfully parked or stopped.
F. Each mobile vending vehicle shall comply with all applicable operating and
mechanical safety laws.
G. Each mobile vending vehicle shall be equipped with a backup waming device
which shall be operative at all times during which the vehicle is used for mobile
vending. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.100].
5.32.110 License - Grounds for denial, revocation.
The granting of a license may be denied and an existing license may be revoked
or suspended for the following:
A. The applicant has made false statements or fails to disclose facts in material
in his application. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.110].
5.32.120 Penalty for violation.
Any person who violates any provision of this chapter, upon conviction thereof
shall be punished in accordance with the provisions of this code.
In addition to any other penalty prescribed for a violation of this chapter, upon a
determination by the City that a person has violated any provision hereof, the City
shall revoke each and all business licenses which have been issued pursuant to
LEMC 5.32.060 to the person who committed such violation and to the business by
whom such person was employed when the violation occurred.
In addition to any other penalty prescribed for a violation of this chapter, such a
violation shall constitute grounds for denial of the issuance or renewal of such a
business license to the person who committed the violation and to the business by
whom such person was employed when the violation occurred.
If any section, subsection, sentence, clause, phrase, or portion of this chapter is
for any reason held invalid or unconstitutional by the final decision of a court of
competent jurisdiction, such holding shall not affect the validity of the remaining
portions hereof. [Ord. 1001 § 9, 1995. Code 1987 § 5.22.120].
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Chapter 5.20 OUTDOOR VENDORS Page 1 of 4
Temecula Municipal Code
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Title 5 BUSINESS LICENSES AND REGULATIONS V
Chapter 5.2 OU TDOOR VENDORS
5.20.010 Purpos
The purpose of this chapter is to set forth the development standards for the siting of outdoor vendors within
the city limits. The purpose of these standards is to ensure that the design and location of these vendors are
consistent with the health, safety and aesthetic objectives of the city.
It is a desire of the city that the design of this community be of the highest quality, that new development be
architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the
overall theme of the community.
Recognizing that outdoor vendors offer the citizens of the community an alternative service, the regulations
of this chapter are enacted to:
A. Promote public interest by contributing to an active pedestrian environment;
H. Set forth the conditions and requirements under which outdoor vendors may be permitted to operate
on private property. (Ord. 95 -05 § 2)
5.20.020 Defin itions.
For purposes of this chapter, the following words, terms, phrases, and their derivations, shall have the
meanings given herein. Then, consistent with the context, words used in the present tense singular include the
plural.
"Applicant" means any person who seeks to obtain a vending license pursuant to the procedures and
requirements of this chapter.
"Developed" means property that is fully improved.
"Outdoor vending license" means a license obtained pursuant to the procedures and requirements of this
chapter which permits a vendor to sell food or merchandise from a vending stand on private property subject to
the limitations of this chapter and any other applicable laws.
"Outdoor vendor" means any person who sells food or merchandise from a vending stand.
"Private property" means privately owned, developed, commercial property within the city limits.
"Pushcart" means any device designed to be moved by human power, including, but not limited to, wagons,
or other wheeled containers or conveyances.
"Vending" means the sale of food or merchandise from a vending stand operating on private property
within the city limits.
"Vending stand" means a pushcart, wagon or any other wheeled vehicle or device which may be moved
without the assistance of a motor or which may be towed by motor vehicle to the outdoor vending location and is
used for the displaying, storing or transporting of articles offered for sale by an outdoor vendor. (Ord. 95 -05 § 3)
5.20.030 License and application.
A. Licensing. It is unlawful to sell, or offer for sale, any food, beverage or merchandise from a vending
stand on any private property within the city limits without first obtaining an outdoor vending license. Existing
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Chapter 5.20 OUTDOOR VENDORS Page 2 of 4
businesses which legally operate outdoor displays of merchandise prior to the adoption of the ordinance codified
�— in this chapter, are not required to obtain an outdoor vending license for a period of one year from adoption of
said ordinance.
B. Application. The application for an outdoor vending license shall be signed by the applicant and shall
include the following:
1. The name, home and business address of the applicant, and the name and address of the owner (if other
than the applicant) of the vending stand to be used in the operation of the vending business;
2. A description of the type of food, beverage or merchandise to be sold;
3. A description and photograph (including signage and colors) of any vending stand to be used in the
operation of the business;
4. A site plan delineating the location of the vending stand;
5. A photograph or drawing of the vending stand to be used for review during the application approval
process, showing materials, colors and signage;
6. An application fee as established by resolution of the city council;
7. Written consent of the property owner to make the application. (Ord. 95 -05 § 4)
5.20.040 License — Issuance.
A. Not later than thirty days after the filing of a completed application for an outdoor vending license, the
director of planning shall approve, deny or conditionally approve the application and notify the applicant of his
or her decision.
.— B. Licenses to vend outdoor within the city limits shall be reviewed and approved by the director of
planning in conjunction with the business license registration program, building and safety, and public works
departments.
C. There shall be at least two hundred square feet of usable area for each allowed vending stand. The
vending stand shall be free of all obstructions within a six -foot perimeter.
D. Locations for vending in the city shall be approved by the planning director. Vending locations shall be
designated based on the ability of the site to safely accommodate the use by not interfering with pedestrian
circulation and access or vehicle circulation or parking. The planning director may require that the vending stand
.be removed from the location and stored out of public view when not in use.
E. Vending locations may change only upon written request by an applicant and/or outdoor vending
licensee and approval of the director of planning.
F. All vending locations shall be on private property as previously defined in this chapter. (Ord. 95 -05
§ 5)
5.20.050 License — Term and renewal.
All outdoor vending licenses are valid for one year unless revoked or suspended prior to expiration. An
application to renew an outdoor vending license shall be made not later than sixty days before the expiration of
the current outdoor vending license. License fees and renewal procedures shall be established in accordance with
the business license registration program procedures outlined in this code. (Ord. 95 -05 § 6)
5.20.060 License — Display_.
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Chapter 5.20 OUTDOOR VENDORS Page 3 of 4
All outdoor vending licenses shall be displayed in a visible and conspicuous location at all times during the
operation of the vending business. (Ord. 95 -05 § 9)
5.20.070 License— Denial, suspension and r _
A. Any outdoor vending license may be denied, suspended or revoked in accordance with the procedures
contained in this code for any of the following causes:
1. Fraud or misrepresentation contained in the application for the outdoor vending license;
2. Conduct of the licensed business in such a manner as to create a public nuisance, or constitute a danger
to the public health, safety, welfare or morals;
3. Conduct which is contrary to the provisions of this chapter.
B. Any person wishing to appeal any denial, suspension or revocation of an outdoor vending license may
do to, pursuant to the authority and
procedures of Chapter 2.36 of this code. (Ord. 95 -05 § 11)
5.20.080 Prohibited conduct and hours of operation,
It shall be prohibited for any vendor to operate under any of the following conditions:
A. Operate between ten p.m. and six a.m. of the following day unless in conjunction with a special event
as set forth in Riverside County Ordinance No. 348, Section 19.51 as adopted by the city;
B. Leave any vending stand unattended;
C. Store, park or leave any vending stand within any public right -of -way or on any undeveloped or
otherwise vacant property; 1*4000,
D. Sell food or beverages without appropriate health department permits for immediate consumption or
otherwise unless there is a litter receptacle available nearby for public use. Alcohol sales shall not be permitted
unless in conjunction with a special event;
E. Leave any location without first picking up, removing and disposing of all trash or refuse remaining
from sales made from the vending stand;
F. Allow any items relating to the operation of the vending business to be placed anywhere other than in,
or under the vending stand;
C. Set up, maintain or permit the use of any additional table, crate, carton, rack, or other device to
increase the selling or display capacity of the vending stand where such additional items have not been approved
by the director of planning;
H. Solicitor conduct business with persons in motor vehicles;
1. Sell anything other than that which the outdoor vending license permits;
J. Sound or permit the sounding of any device which produces a loud and raucous noise, or use or
operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract the attention
of the public. Have any flashing, rotating, or other similar lights or lighting to attract the attention of the public
or in violation of the California Vehicle Code Section 21466.5. (Ord. 95-05 § 7)
5.20.04 S afeq requirements.
A. All vending stands in or from which food is prepared or sold shall comply with the following
requirements: .ISO
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Chapter 5.20 OUTDOOR VENDORS Page 4 of 4
1. All equipment installed in any part of the vending stand shall be secured in order to prevent movement
during transit and to prevent detachment in the event of a collision or overturn.
2. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop,
collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.
3. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and
similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible.
B. No vending stand shall exceed four feet in width, six feet in length, and eight feet in height, inclusive
of signage, umbrellas, etc. (Ord. 95 -05 § 8)
k.20440 Adve! Ing, ----- __�.... --
No advertising, except the posting of prices, shall be permitted on any vending stand, except to identify the
name of the product or the name of the vendor. (Ord. 95 -05 § 10)
5.20.110 Violation -- Penalty.
Any violation of any of the requirements of this chapter shall be an infraction and any violator may be
punished pursuant to Section 1.20.010 et seq., of this code. Notwithstanding the foregoing, any violation of any
of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21
or Chapter 1.22 of this code. (Ord. 98 -04 § 5: Ord. 95 -05 § 12)
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Chaptcr 11.37 PEDDLERS AND SOLICITORS Page 1 or4
(48 hits)h
Chapter 11.37
PEDDLERS AND SOLICITORS
Sections:
11.37.010 Definitions.
11.37.020 License required.
11.37.030 Exemptions.
11.37.040 Claims of exemption.
11.37.050 General soliciting regulations.
11.37.060 Commercial peddling prohibition on public rights -of -way.
11.37.070 General peddling regulations.
11.37.080 Peddlers of prepared food products from motor vehicles permitted.
11.37.090 Violation — Penalty.
Prior ordinance history: Ords. 94 -11 and 96 -34.
11.37.014 Definitions.
For purposes of this chapter, the following definitions apply:
"Charitable purpose" means any tax exempt purpose or function as specified in
Article I of Chapter 4 of the California Revenue and Taxation Code (Sections
23709 and following).
"Commercial peddling" means any peddling that is not for a charitable purpose
or does not involve expressive merchandise.
"Expressive merchandise" means merchandise bearing an express or obvious
ideological, philosophical, political, or religious message that is inextricably
intertwined with other forms of protected expression as recognized under the
California Constitution or the United States Constitution.
"Fixed place of business" means the premises in the City occupied for a period
of not less than sixty (60) days for the particular purpose of conducting business,
and regularly kept open for at least twenty (20) hours every week.
"Peddle" or "peddling" means to sell and make immediate delivery, or offer for
sale and immediate delivery, any edible product, goods, merchandise, ware or
thing, in possession of the seller, at any place within the City other than from a
fixed place of business.
"Peddler" means any person who peddles as defined in this section.
"Person" means an individual.
"Prepared food products" means any liquids or edibles for human consumption
that are prepackaged or in sealed containers, or are prepared for consumption at
the location of the sale. For the purposes of Section 11.37.080 the term "prepared
food products" includes the incidental sale of fruits and vegetables that are not
prepackaged or in sealed containers; provided, that such fruits and vegetables
consist of no more than ten (10) percent of the peddler's total prepared food
products offered for sale.
"Public right -of -way" means the area dedicated to public use for street or
pedestrian purposes including privately owned and maintained roads within the
�. City that are generally held open to the public for purposes of vehicular and
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Chapter 11.37 PEDDLERS AND SOLICITORS Page 2 of
pedestrian traffic and includes alleys, driveways, highways, medians, parkways,
planter strips, roads, sidewalks, and streets.
"Solicit' or "soliciting" means to:
1. Sell or take orders or offer to sell or take orders, for any edible product,
goods, merchandise, ware or thing, for future delivery, or for services to be
performed; or
2. Distribute advertising material or samples; or
3. Request contributions, either directly or indirectly, at any place within
the City other than a fixed place of business.
"Solicitor" means a person who solicits as defined in this section.
To the extent any of the definitions in this section conflict with the definitions
contained in Title 7 of the Los Angeles County Code, which the City has adopted
by reference in Chapter 5.02 of this code, the definitions in this section will control.
(Ord. 08 -8 § 2, 7/8/08)
11.37.020 License required.
A. Peddler's and Solicitor's License. No person may peddle or solicit unless
such person has a valid peddler's or solicitor's license, as applicable, issued by the
County of Los Angeles on behalf of the City under Title 5 of this code and Title 7 of
the Los Angeles County Code.
B. Health Permit for Peddlers of Prepared Food Products. In addition to the
required peddler's permit, any person that peddles prepared food products must
also obtain any applicable health permit issued by the County of Los Angeles on
behalf of the City.
C. Possession of License. Every peddler or solicitor must maintain an original
copy of their peddler's or solicitor's license on their person at all times while
peddling or soliciting, and, upon request, must show such license to any City code
enforcement or law enforcement officer, or any person to whom they are peddling
or soliciting. (Ord. 08 -8 § 2, 7/8/08)
11.37.030 Exemptions.
The provisions of this chapter do not apply to:
A. Soliciting conducted solely by means of facsimile machines, the Internet,
newspapers, magazines, radio, television broadcasts, telephone, or through the
United States mail.
B. Charitable soliciting that is conducted among the members of the soliciting
group by other members, whether at regular assemblies, services or otherwise.
C. Soliciting on premises owned or controlled by the solicitor.
D. Soliciting that is subject to disclosure understate or federal political
disclosure laws.
E. Soliciting by commercial sales agents or representatives selling goods
wholesale to dealers for resale, or to manufacturers for manufacturing purposes, or
to bidders for public works or supplies.
F. Farmers selling farm products produced by them. (Ord. 08 -8 § 2, 7/8/08)
11.37.040 Claims of exemption.
Any person claiming to be exempt from any of the provisions of this chapter,
including the licensing requirements, must cite to the City's Director of Community
Development or designee the statute or other legal authority under which such
exemption is claimed and present proof of qualification for such exemption. (Ord.
08 -8 § 2, 7/8/08)
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Chapter 11.37 PEDDLERS AND SOLICITORS Page 3 or4
11.37.050 General soliciting regulations.
�., Solicitors must comply with the following regulations when soliciting:
A. Hours. Except as otherwise authorized under this code, soliciting may only
take place between the hours of eight a.m. and sunset.
B. Minors. Any solicitor under the age of eighteen (18) years must be
accompanied by an adult who holds a valid solicitor's license in accordance with
Section 11.37.020
C. Premises Posted for No Soliciting. No soliciting is permitted at any house,
apartment or other dwelling unit, or at any commercial premises where a sign is
displayed in public view indicating "no solicitors or peddlers" or there is a similar
indication that no soliciting is desired by the owners or occupants of the premises,
except with the prior consent or at the invitation of the owners or occupants.
D. Aggressive Solicitation. No solicitor may persistently and importunely
engage in soliciting with a person after that person has indicated that he or she is
not interested in the solicitation.
E. Refusal to Leave Premises. No solicitor may refuse to leave any residential
or commercial premises when requested to leave by an owner, occupant, or
responsible person for such premises.
F. Obstruction of Movement. No solicitor may intentionally and deliberately
obstruct the free movement of any person on any public right -of -way or other public
place, or any place open to the public generally. (Ord. 08 -8 § 2, 7/8/08)
11.37.080 Commercial peddling prohibition on public rights -of -way.
Except as otherwise authorized under this code, including the issuance of any
applicable temporary, special, or conditional use or event permit, no person may
engage in commercial peddling on any public right -of -way in the City. (Ord. 08 -8
§ 2, 7/8/08)
11.37.070 General peddling regulations.
Peddlers must comply with the following regulations when peddling:
A. Hours. Except as otherwise authorized under this code, peddling may only
take place between the hours of eight a.m. and sunset.
B. Premises Posted for No Peddling. No peddling is permitted at any house,
apartment or other dwelling unit, or at any commercial premises where a sign is
displayed in public view indicating "no solicitors or peddlers" or there is a similar
indication that no peddling is desired by the owner or occupant of the premises,
except with the prior consent or at the invitation of the owner or occupant.
C. Aggressive Peddling. No peddler may persistently and importunely engage
in peddling with a person after that person has indicated that he or she is not
interested in the things being peddled.
D. Refusal to Leave Premises. No peddler may refuse to leave any residential
or commercial premise when requested to leave by an owner, occupant, or
responsible person for such premises.
E. Obstruction of Movement. No peddler may intentionally and deliberately
obstruct the free movement of any person on any public right -of -way or other public
place, or any place open to the public generally. (Ord. 08 -8 § 2, 7/8/08)
11.37.080 Peddlers of prepared food products from motor vehicles permitted.
A. Reddling of prepared food products is permitted from motor vehicles used
�-� for the transportation or preparation of such prepared food products when
conducted on public streets, but not including public sidewalks or parkways.
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Chapter 11.37 PEDDLERS AND SOLICITORS Page 4 of
B. The parked location of a motor vehicle used for the peddling of prepared
food products must be at least one hundred (100) feet from an intersection to
minimize impacts on traffic flow and the potential obstruction of sight lines and
observation. The opening of the motor vehicle from which sales are made must •..►
face the sidewalk or such other direction so that customers are not required to
stand in the vehicular right -of -way.
C. A person peddling prepared food products from motor vehicles may not
remain in any one location for the purposes of peddling, or any other location less
than one -half mile from the same location, for more than thirty (30) minutes during
any six (6) hour period.
D. During the period of such peddling, the peddler must maintain the location
in a neat, sanitary and hazard free condition, and pick up and dispose of in a
sanitary manner all debris, garbage or litter that is left by any customer of the
peddler.
E. No peddling of prepared food products from motor vehicles is permitted
within one thousand (1,000) feet from any school property boundary while children
are going to or leaving such school during opening or closing hours, or during the
noon or lunch -time recess period. (Ord. 08 -8 § 2, 7/8108)
11.37.090 Violation —Penalty.
A violation of this chapter constitutes a misdemeanor, and will be subject to the
applicable penalties under Chapter 23.10 of the Santa Ciarita Municipal Code in
addition to any other applicable penalties or remedies. (Ord. 08 -8 § 3, 7/8/08)
This page of the Santa Clarity Municipal Code Is current through Code Publishing Company
ordinance 10 -3, passed February 23, 2010. ( http: / /www.codepublishing.com /)
Disclaimer: The City Clerk's Office has the official version of the Santa Clarita
Municipal Code. Users should contact the City Clerk's Office for ordinances
passed subsequent to the ordinance cited above.
Clty Website: http: / /santa- darita.com/ (http : / /santa- darita.com /)
dtSearch 7.61 (7769)
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