HomeMy WebLinkAboutNS-1660KEL: adg
9/2/82
ORDINANCE NO. NS- 1660
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING ARTICLE III TO CHAPTER 26 OF
THE SANTA ANA MUNICIPAL CODE AND AMENDING
SECTION 36-136 THEREOF TO REGULATE THE
SALE OF FOOD AND BEVERAGES FROM PUSHCARTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1: That the Santa Aha Municipal Code is
hereby amehded by adding an Article, to be numbered III,
consisting of sections to to be numbered 26-100 through 26-
108, to Chapter 26 of the said Code, which said Article
reads as follows:
ARTICLE III. PEDESTRIAN FOOD VENDORS
Sec. 26-100. Definitions
For purposes of this Article, the following terms
have the following respective meaning:
(a) Pushcart: any wagon, cart, or similar
wheeled container, not a "vehicle" as defined in the Vehicle
Code of the State of California, from which food or beverage
is offered for sale to the public.
(b) Central Business District: the area of the
City of Santa Ana bounded on the west by Broadway, on the
east by French Street, on the north by Civic Center Drive
and on the south by First Street, from the centerline of
each street.
(c) Civic Center Plaza Area: that area of the
City of Santa Ana bounded on the west by Flower Street, on
the east by Broadway, on the north by Civic Center Drive,
and on the south by Santa Ana Boulevard, from the centerline
of each street.
(d) Permit Officer: the City Manager of the City
of Santa Ana or his designated representative.
Sec. 26-101. General Prohibitions
(a) No person shall sell or offer for sale any
food or beverage from any portable box, stand, bag, or
ORDINANCE NO. NS- 1660
PAGE TWO
similar container, other than a pushcart, on any street,
parkway or sidewalk, or in any unenclosed area held open to
the general public.
(b) No person shall sell or offer for sale any
food or beverage from any pushcart on any street, parkway or
sidewalk, or in any unenclosed area held open to the general
public, outside of the Central Business District and the
Civic Center Plaza Area.
(c) No person shall employ, direct or otherwise
cause any other person to sell or offer for sale any food or
beverage in violation of subsections (a) or (b) of this
section.
Sec. 26-102. Permit Requirement
No person shall sell or offer for sale any food or
beverage from a pushcart in the Central Business District or
the Civic Center Plaza Area, nor employ, direct or otherwise
cause any other person to do so, without having first
obtained a pedestrian food vendor's permit from the Permit
Officer.
Sec. 26-103. Same - Application
(a) Every applicant for a pedestrian food
vendor's permit shall file with the Permit Officer a written
application on a form provided by the Permit Officer which
shall contain the following:
(1) The name, address, telephone number,
and social security number of the applicant and of each
person, if any, to be employed or retained by the appli-
cant to sell food or beverages from pushcarts.
(2) The number of pushcarts to be operated
by the applicant, either directly or through employees
or subcontractors, and the design of each pushcart,
including signage.
(3) The character, location and routing of
pushcart operations.
(4) Such other information as the Permit
Officer deems appropriate.
(b) Each application shall be accompanied by
payment of a non-refundable fee in an amount established by
resolution of the City Council to cover costs of
administering this Article.
ORDINANCE NO. NS-1660
PAGE THREE
(C) Prior to issuance of a pedestrian food
vendor's permit, the applicant shall show proof to the
Permit Officer that he has obtained the food vending permit
required by section 18-502 of this Code and the business
license required by Chapter 21 of this Code.
Sec. 26-104. Same - Issuance
The Permit Officer shall issue the permit if he is
reasonably satisfied that the operations of the applicant
will conform to the regulations set forth in section 26-108;
otherwise the Permit Officer shall deny the permit. One
written permit shall be issued for each pushcart to be
operated by the applicant, either directly or through
employees or subcontractors. Such written permit shall be
in a form approved by the Permit Officer.
Sec. 26-105. Same - Term
Each permit issued pursuant to this Article shall
be for a term of one (1) year, upon the expiration of which
term the permittee may renew the permit for additional one
(1) year terms by submitting new applications in conformance
with section 26-103(a) together with such permit renewal
fee as may be established by resolution of the City Council.
Sec. 26-106. Same - Revocation
(a) The Permit Officer may revoke any permit for
any of the following reasons:
(1) falsehood of any information supplied
by the permittee upon which issuance of the permit
was based;
(2) failure of the permittee to promptly
notify the Permit Officer of any change occurring
subsequent to the issuance of the permit in the
information supplied by the permittee upon which
issuance of the permit was based;
(3) failure of the permittee, or of any
employees or subcontractors of the permittee, to
comply with the regulations set forth in section
26-108;
ORDINANCE NO. NS-1660
PAGE FOUR
(4) violation by the permittee, or any
employee or subcontractor of the permittee, of any
state or municipal law in the course of conducting
food vending operations pursuant to the permit.
(b) No person whose permit is revoked shall be
eligible to apply for a new permit for a period of one (1)
year following such revocation.
Sec. 26-107. Same - Appeal
Any person whose application for a permit is
denied or whose permit is revoked by the Permit Officer may
appeal such decision to the city council pursuant to Chapter
3 of this Code.
Sec. 26-108. Pushcart Regulations
(a) Each pushcart shall have affixed to it in
plain view the permit required by this Article and the
permit required by section 18-502 of this Code.
(b) Pushcarts shall not be stationed, for
purposes of offering food or beverages for sale, in any
location which creates an obstruction to the normal flow of
vehicular or pedestrian access, within ten (10) feet of any
intersection, driveway, or building entrance, or in any
space designed for vehicular parking.
(c) The maximum dimensions of any pushcart shall
be six (6) feet in length and four (4) feet in width.
(d) The only signs used in conjunction with a
pushcart shall be signs affixed to or painted on the
pushcart or its canopy.
(e) A refuse bin of at least four (4) cubic feet
capacity shall be provided in or on the pushcart.
(f) No loudspeakers, public address system,
bells, chimes, or other $oundmaking device shall be affixed
to or used in conjunction with a pushcart.
(g) No artificial lighting of any pushcart is
permitted.
ORDINANCE NO. NS-1660
PAGE FIVE
SECTION 2: That section 36-136 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 36-136.
Parking at certain places and
for certain purposes prohibited.
(a) Parking for sale, etc., when inoperative. No
person shall park a vehicle upon any roadway for the
principal purpose of displaying such vehicle for sale. No
person shall park, stop or leave standing any vehicle for a
period of time longer than twelve (12) hours on any public
street or highway in the city unless such vehicle is in a
condition to be lawfully operated upon the public highways;
and no person shall repair, dismantle, overhaul or do any
mechanical work upon any vehicle on any part of any public
street or highway in the city exccept to change rims, to
replace flat tires or to make other emergency repairs to
enable such vehicle to be moved to the proper place for
mechanical work.
(b) Parking over 72 hours. No person who owns or
has custody or control of any vehicle shall park or store
such vehicle upon any street or alley for more than a
consecutive period of seventy-two (72) hours. The chief of
police is authorized to remove any vehicle from the roadway
if such vehicle is parked or stored in violation of this
subsection (b).
(c) Parking food-vending vehicle. No person
shall park, stop or stand any'vehicle upon any part of any
street of the city and leave the same stopped, parked or
standing in any one location for a period of time longer
than five (5) minutes for the purposes of selling or
delivering any food or drink from such vehicle, and no
operator or person shall make a second stop after moving
from the last place of parking, stopping or standing within
a distance of fifty (50) feet of the last place of parking,
stopping or standing; and no person shall park, stop or
stand any vehicle upon any part of any street of the city
for the purposes of selling any food or drink from such
vehicle within five hundred (500) feet of any school
property during school hours or within two hundred (200)
feet of any marked crosswalk. No person shall use any
musical or other sound emitting device designed to attract
customers while such vehicle is parked, stopped or standing
in the manner and for the purposes described with this
section.
ORDINANCE NO. NS- 1660
PAGE SIX
The city council expresses its intent to permit
the traditional delivery or vending of beverages and foods
from vehicles from house to house through the residential
areas of the city, but declares its intention to prohibit
any such conveyance being used as a store of stationary
location for the sale of such wares upon the streets of the
city, said streets being for the primary purpose of
providing trafficways for moving vehicles.
(d) Parking on left of one-way roadway. In the
event the highway includes two (2) or more separate roadways
and traffic is restricted to one direction upon such
roadway, no person shall stop, stand or park a vehicle upon
the left-hand side of such a one-way roadway.
SECTION 3: In adopting this ordinance, the City
Council finds and determines as follows:
1. The sale of food and beverages by pedestrian
vendors is presently inadequately regulated in that:
(a) Such sales are frequently carried on in the
public right-of-way in violation of municipal laws against
the obstruction thereof.
(b) Such sales are frequently carried on in
violation of municipal laws against the conduct of business
outside of an enclosed building.
(c) Such sales are frequently carried on in
violation of the public health laws of the City.
(d) Such sales are frequently carried on as a
cover for the sale of narcotics and other dangerous drugs.
2. The regulations imposed by this chapter will
provide a more clear and definite means of protecting the
public health, safety and welfare from the abovesaid
dangers.
3. The sale of food and beverages from pushcarts in
the Downtown Business District and in the Civic Center Plaza
Area will provide an attractive and useful additional
service to those areas if conducted in accordance with the
regulations hereby adopted.
ORDINANCE NO. NS-1660
PAGE SEVEN
SECTION 4: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any
one or more sections~ subsections, sentences, clauses,
phrases, or portions be declared invalid or
unconstitutional.
SECTION 5: Neither the adoption of this ordinance
nor the repeal hereby of any ordinance shall in any manner
affect the prosecution for violation of ordinances, which
violations were committed prior to the effective date
hereof, nor be construed as affecting any of the provisions
of such ordinance relating to the collection of any such
license or penalty or the penal provision applicable to any
violation thereof, nor to affect the validity of any bond or
cash deposit in lieu thereof, required to be posted, filed
or deposit pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full
force and effect.
ADOPTED this 215t day of March , 1983 .
GORDON
Mayor
ATTEST:
t e%oun i(J
COUNCILMEMBERS:
Bricken Absent
Luxembourger Aye
Acosta Aye
Serrato Nay
Griset Aye
Markel Aye
McGuigan Aye
APPROVED AS TO FORM: