HomeMy WebLinkAboutNS-2115 Not adopted
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REL: 2/11/9111
ORDINANCE NO. NS-21~
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AN ORDINANCE OF THE CITY OF SANTA ANA
AMENDING SECTIONS 26-100 THROUGH 26-102,
DELETING SECTION 26-111, AND ADDING
SECTIONS 26-114 THROUGH 26-122 TO THE
SANTA ANA MUNICIPAL CODE, TO REGULATE
PUSHCART VENDING IN THE DOWNTOWN DISTRICT
AND TO PROHIBIT PUSHCARTS OUTSIDE THAT AREA.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Sec. 26-100. Definitions.
is
SECTION 1: That section 26-100 of the
hereby amended to read as follows:
erms have the
(c) Person: Any natural person, firm, partnership,
association, corporation, stockholder, including, but not
limited to, owners, operators, lessors and lessees of
pushcarts.
(d) Vendor: Any person who:
(I) Conducts or permits
operation of pushcart(s)
beverage or product;
or causes the
vending food,
(2) Owns, operates, controls, manages, or
leases pushcart(s); or
(3) Contracts with persons to vend food,
beverage or product from a pushcart.
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(e) Operator: Any person who operates a pushcart for the
purpose of vending food, beverage, or product therefrom.
(f) Vendor's permit: Shall mean a permit issued by the city of
Santa Ana authorizing the holder to engage in the business of
vending food, beverage or product from a pushcart.
(g) Operator's permit: Shall mean the permit issued to any
person who operates a pushcart for the purpose of soliciting,
vending, or offering for sale any food, beverage, or product
from a pushcart on any sidewalk, street, alley, highway or
public place within the City of Santa Ana.
(h) Uniform: Shall mean, at the minimum, a shirt containing
the logo, insignia, name or other identifying characteristic
of the vendor.
nta Ana Municipal Code is
er for sale any food,
e box, stand, bag or
art, on any street,
sed area open to the
or otherwise cause any
any food, beverage or
(a) or (b) of this
SECTION 3: That section 26-102 of the Santa Ana Municipal Code is
hereby amended to read as follows:
26-102. Permit required.
(a) No person shall operate as a vendor without a
vendor's permit issued pursuant to the provisions of this
article, or without any other business tax, license or permit
required under any other chapter of this Code. for each and
every pushcart said person is operating or causing to be
operated in the city of Santa Ana.
(b) No person shall operate a pushcart for the purpose of
vending without an operator's permit issued pursuant to the
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provisions of this article.
SECTION 4: That section 26-111 of the Santa Ana Municipal Code is
hereby repealed.
SECTION 5: That the Santa Ana Municipal Code is hereby amended
by adding a section, to be numbered 26-114, which said section
reads as follows:
Sec. 26-114.
Downtown District defined.
As used in this article, "Downtown District" extends to
and includes all of the following:
(i) The open-space pedestrian areas in the civic center
complex bounded by Flower street, civic Center Drive, Broadway
and Santa Ana Boulevard, but excluding the sidewalks on those
streets and the sidewalks on Ross street;
SECTION 6:
by adding a
as follows:
sec
e sidewalks on both sides of Fourth Street
Stre nch Street;
O.WI:' / -. ------
he s~ n both si~$!J:!.' ot:~urgeon Street
th Street and the ~r-~a'rk\nJ s ructure to the
'."Pr\ ~U~i~'\~:iS boroby amsndsd
ior\'t'Q" m d 2li-115, which sa d section reads
ERK ?F THE COUNCIL
"Director" def~ne .
(iii)
between Fou
north ther
Sec. 26-115.
As used in this article, the term "Director" means the
Executive Director of community Development or his or her
designated representative.
SECTION 7; That the Santa Ana Municipal Code is hereby amended by
adding a section, to be numbered 26-116, which said section reads
as follows:
Sec. 26-116.
certificate requirement.
(al No person shall vend from a pushcart in the
Downtown District unless a certificate for such vending has
been issued by the Director and such certificate has not
expired or been revoked. The certificate shall be accompanied
by a placard issued to the certificate grantee, which placard
shall be in such form as the Director shall determine to be
appropriate for the effective enforcement of this article.
(b) Every person who has been issued a certificate by
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the Director to vend from a pushcart in the Downtown District
shall maintain such certificate on his or her person or
pushcart and shall provide it upon request to any police
officer for review and shall also maintain the placard on the
pushcart in a manner prescribed by the Director. Every such
person shall conduct his or her vending operations in
conformity with the terms and conditions of his or her
certificate.
SECTION 8: That the Santa Ana Municipal Code is hereby amended by
adding a section, to be numbered 26-117, which said section reads
as follows:
Sec. 26-117. Purpose of certificate requirement.
In imposing a special certificate requirement for the
operation of pushcarts in the Downtown District, the city
council finds and determines that p shcart operation in the
Downtown District have proliferat the point where they
have become detrimental to the C 'y's fort to economica,lly
revitalize that area, in that t eY-create congestion problems
on the sidewalks, cause grea y ~ncreased itter problems in
the area, and give the area generally unsi tly appearance.
It is the purpose of the pecfal _pertific e requirement to
limit and control pushc opet'ations in / ntown District
to the extent necess y to," avoid suc a erse effects or
mitigate them to an cce table level
SECTION ~ That the S na ,~~~iVip~
adding a section, t be mbere~f96- ~
as follows: ,!~) i'~ {j-<J:-
E~rgibi1k~~~'fur c
No person exc t t~~l r of a vendor's permit or an
operator's permi i~ rsuant to sections 26-102 through
26-110 of this ar 'cle ay be issued a certificate to vend
from a pushcart in Downtown District. No person may be
issued such a certif1cate unless he or she has obtained such
approval from the orange County Health Department as may be
required for the pushcart from which such person intends to
vend.
is hereby amended by
ich said section reads
SECTION 10: That the Santa Ana Municipal Code is hereby amended by
adding a section, to be numbered 26-119, which said section reads
as follows:
Sec. 26-119. Standards.
Standards for pushcart operations in the Downtown District
shall be established by resolution of the city council. Such
standards may extend to the quantity, location, appearance,
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product mix, mObility and cleanliness of pushcarts and their
operation. certificates issued by the Director pursuant to
this article shall be conditioned by the Director as the
Director determines appropriate to restrict certificate
grantees to vending operations in accordance with such
standards, and such conditions and the expiration date of the
certificate shall be set forth in the certificate.
SECTION 11: That the Santa Ana Municipal Code is hereby amended by
adding a section to be numbered 26-120, which said section reads as
follows:
Sec. 26-120. Certificate applications.
of
on
shall be accompanied
shall be established
SECTION ~ That the Santa Ana Municipal Code is hereby amended ,by
adding a section, to be numbered 26-121, which said section reads
as follows:
Sec. 26-121. Revocation of certificate.
The Director may revoke any certificate issued pursuant to
this Article for any of the following reasons:
(I) Falsehood of any information supplied by the certificate
grantee upon which issuance of the certificate was based;
(2) Loss of the eligibility requirements specified in section
26- 118;
(3) Failure of the certificate grantee to comply with the
terms and conditions set forth in his or her certificate.
(4) Nonuse of the certificate for a period of thirty
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consecutive days or more.
SECTION 13: That the Santa Ana Municipal Code is hereby amended by
adding a section, to be numbered 26-122, which said section reads
as follows:
Sec. 26-122. Appeal.
Any person whose application for a certificate is denied or
whose certificate is revoked may appeal such decision to the
city council pursuant to Chapter 3 of this Code.
SECTION 14: until such time as the city council may provide
otherwise by resolution, the standards referenced in section 26-119
as added to the Santa Ana Municipal Code by this ordinance shall be
those set forth in Exhibit A, attached hereto and incorporated
herein, and the fee specified in section 26-120 as added to the
Santa Ana Municipal Code by this ordinance shall be $100 per
application.
SECTION 15: The
Services is here
license tax paid
license tax year
city due to the
refund shall be
refund is propor
SECTION 16: 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 anyone or more
sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 17: 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 deposited
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pursuant to any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
ADOPTED this
day of
199_
ATTEST:
Daniel H. Young, Mayor
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Young
Acosta
Griset
May
McGuigan
Norton
Pulido
APPROVED AS TO FORM:
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Edward . C op r
City At orney
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DATE: 9-/-'11 .', ~Cf\
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DOWNTOWN PUSHCAll.T STANDAll.DS
1. QU~~~TY AND LOCATION
A. Fourth Street',
A maximum of two puahcarts will be allowed per City block and at
the cut-out planter bench locations. The pushcart must be 1 ated
adjacent to the intersection and away from entrances and e 'ts of
buildings such that it does not impede pedestrians using rosswalks
(see Attachment A). If a direct competitive conflict e lsts between a
street vendor and an adjacent merchant at a location escribed above,
an alternate location in the block may be considere .
A maximum of
only at the
ic Center and
ij. Civic Center
2, APPEARANCE AND D
Vendors' carts a d thei~ato
officials prior 0 ~w n ap
Santa Ana Commun'ty ment
are encouraged t st for the u
equipment and em re and
standards:
ce and Health
rector of the
ee. Vendors
lly pleasing
the following design
A, Cart exterior must be of
natural finish stainless
enameled steel, or lexan finish, No
carts will be permitted.
B. Colorful and
mandatory.
umbrellas are encouraged, but are not
C. Anysignage locate on the cart must be concise, professionally
applied, and appr ved by the Community Development Executive Director
or his or her de ignee.
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D. Operators must wear a readily identifiable upper body blouse, shirt,
or jacket tha identifies the vendor. Festive and colorful
presentation are encouraged. Pushcarts permitted on Fourth Street,
between Fr ch Street on the east and Bush Street on the west, or
otherwise nown as Fiesta Marketplace, must comply with a special set
of desig and color guidelines (see Attachment B), No other pushcarts
will be ermitted in this area to guarantee the aesthetic theme of the
Fiesta arketplace project.
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3. PRODUCT MIX
The maximum level of
different products).
considered.
product mix per block will be sought (two
If this proves unlikely, alternatives may be
Exhibit A
Page 1 of 2
232
4, WORK STATION AND LOCATION
,
Vendors will be assigned locations on a first-come, firs
Should this prove unsuccessful, a lottery assignment '1
Stools, chairs, or other forms of seats are not all ed. The work
stations must remain clean at all times. Arrang ents will be made for
Fourth Street vendors to access hose bib 10cat' ns to clean these stations
daily. Hoses are to be furnished by the ven r~. Vendors at stations
found untidy and consistently soiled will b subject to permit revocation.
DATE: 1lthr
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Exhibit A
Page 2 of 2
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.. Fl EST ^ MARKETPLACE" GAin DES IGN
The cart ahould be bul1t on a I" by I" monoc ue tubular frame which has been
powder paint coated. All tops and cornera auld be of 16 gauge atainless
steel. Interiors will be of stsinless st with exterior psnels of 3/16"
lexsn screenprinted with approved graphi The col~rs on the cart must be
selected from the following "Frazee" ex erior panels, Fiesta Marketplace paint
color pa le t.
CZ-D-278, 506, 505, 282; 279, 4342, 212, 277; 230, 4345; 4215, 287.
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Attachment B