HomeMy WebLinkAboutNS-2133 - Amending Chapter 26 of Santa Ana Municipal Code to Revise Regulations Pertaining to Pushcarts
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409
REL: 7/8/91
ORDINANCE NO. NS-2133
AN ORDINANCE OF TilE CITY OF SANTA ANA
AMENDING CHAPTER 26 O~' THE SANTA ANA
MUNICIPAL CODE TO REVISE TilE REGULA'froNS
PER'rAINING TO PUSHCARTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: 'I'hat chapter 26 of the Santa Ana Municipal Code,
and all articles and sections within it, is hereby repealed, and
the Santa Ana Municipal Code is hereby amended by adding a new
chapter 26, which reads as follows:
Chapter 26
PUSHCARTS
ARTICLE I. GENERAL
Sec. 26-1.
Definitions.
For purposes of this article, the following terms have
the following respective meaning:
(a)
pus/wart: Any
container, not
Vehicle Code of
food,' beverage,
the public.
wagon, cart, or similar wheeled
a "vehicle" as defined in the
the state of california, from which
or product is offered for sale to
(b) Vend or vending: Offering food, beverage, or
product of any kind for sale from a pushcart on any
sidewalk, street, 'alley, highway or unenclosed
place open to the public, whether publicly or
privately owned, including the movement or standing
of a pushcart for the purpose of searChing for,
obtaining or soliciting retail sales of products.
(c) Person: Any natural person, firm, partnership,
association, corporation, stockholder, including,
but not limited to, owners, operators, lessors and
lessees of pushcarts.
(d) Owner; Any person who owns or controls one or more
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ORDINANCE NS-2133
PAGE 2
pushcarts and:
(1)
Conducts or permits or causes the
such pushcart(s) vending food,
produCt;
operation of
beverage or
(2) Owns, operates, controls, manages, or leases
such pushcart(s); or
(3) Contracts with persons to vend food, beverage
or product from such pushcart(s) .
(e) Operator: Any person who operates a pushcart for
the purpose of vending food, beverage, or product
therefrom.
(f)
Owner's
city of
in the
product
permit: Shall mean a permit issued by the
Santa Ana authorizing the holder to engage
business of vending food, beverage or
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 an~
sidewalk, street, alley, highway or public place
within the city of Santa Ana.
(h)
Uniform: Shall mean, at the minimum, a
containing the logo, insignia, name or
identifying characteristic of the owner.
shirt
other
(i) Downtown District extends to and includes all of
the following:
(1) 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;
(2) The sidewalks on both sides of Fourth street
between Ross Street and French street;
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(3) The sidewalks on both sides of spurgeon Street
between Fourth Street and the public parking
structure to the north thereof.
ljl Director means the Executive Director of the
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ORDINANCE NS-2133
PAGE 3
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Planning and Building Agency or his or her
designated representative.
Sea. 26-2. General prohibitions.
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(a) No person shall sell or offer for sale any food,
beverage, or product from any portable box, stand,
bag or similar container other than a pushcart, on
any street, parkway, or sidewalk, or in any
unenclosed area open to the general public.
(b) No person shall employ, direct or otherwise cause
any other person to vend or offer to vend any food,
beverage or product in violation of subsection (a)
of this section.
Sec. 26-3. Permit required.
(a) No person shall operate as an owner without an
owner's permit issued pursuant to the provisions of Article II
of this chapter, 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
provisions of Article III of this chapter.
(c) No person shall employ or retain any person to
operate a pushcart for the purpose of vending unless the
person so employed or retained has an operator's permit issued
pursuant to the provisions of Article III of this chapter.
Sec. 26-4.
prohibited conduct.
(a) No owner or operator shall cause more than two
pushcarts to assemble, gather, collect or otherwise join for
any purpose on any street, sidewalk, highway, or public place.
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(b) No person shall vend from a pushcart within two
hundred (200) feet of any school property or church, or within
five hundred (500) feet of the Santa Ana Zoo, or at any other
location prohibited by any section of this Code.
(c) Pushcarts shall not be stationed for purposes of
offering food, beverage or.product for sale in any location
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ORDINANCE NS-2133
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which creates an unreasonable 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.
(d) No person shall vend from a pushcart before 9: 00
a.m., or later than 6:00 p.m. during periods of standard time,
or later than 8:00 p.m. during periods of daylight savings
time.
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Sea. 26-5.
pushcart standards.
(a) Each pushcart shall have affixed to it in plain view,
the owner's permit, and any permit required by section 18-502
of this Code.
(b) The maximum dimensions of any pushcart shall be six
(6) feet in length and four (4) feet in width.
(c) The10nly signs used in conjunction with a pushcart
shall be signs affixed to or painted on the pushcart or its
canopy.
(d) The operator of a pushcart, if such a person is an
employee, contractee, lessee of an owner shall be required to
wear a uniform as defined in section 26-1, and shall carry his
operator's permit upon his person.
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(e) No artificial lighting of any pushcart is permitted.
(f) A refuse bin of at least one cubic foot shall be
provided in or on the pushcart.
(g) No noise making devices shall be used in conjunction
with pushcart vending except one bell with a maximum diameter
of two inches.
Sec. 26-6. Special standards for the Downtown District.
(a) 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, product mix, mobility and cleanliness of pushcarts
and their operation. Permits issued by the Director for
pushcarts in the Downtown District shall be conditioned by the
Director as the Director determines appropriate to restrict
permit grantees to vending operations in accordance with such
standards, and such conditions shall be set forth in the
certificate.
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ORDINANCE NS-2133
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413
(b) In imposing a special requirements for the operation
of pushcarts in the Downtown District, the city council finds
and determines that pushcart operation in the Downtown
District have proliferated to the point where they have become
detriment~l to the City's effort to economically revitalize
that area, in that they create congestion problems on the
sidewalks, cause greatly increased litter problems in the
area, and give the area a generally unsightly appearance. It
is the purpose of the special requirements to limit and
control pushcart operations in the Downtown District to the
extent necessary to avoid such adverse effects or mitigate
them to an acceptable level.
Sec. 26-7.
Relation to zoning laws.
Nothing in this chapter shall be construed to authorize
the grantee of any owner's permit or operator's permit to vend
from a pushcart in a manner which violates the zoning
regulations set forth in chapter 41 of this code.
Sec. 26-8.
conducting as a nuisance.
Any pushcart operated contrary to the provisions of this
article shall be and the same is hereby declared to be
unlawful and a public nuisance and the city attorney may, in
addition to or in lieu of prosecuting a criminal action
hereunder, commence an action or actions, proceeding or
proceedings, for the abatement, removal or enjoinment thereof,
in the manner provided by law, and may take such other steps
and may apply to such court or courts as may have jurisdiction
to grant such relief as will abate or remove such establish-
ment and restrain and enjoin any person from operating a
pushcart contrary to the provisions of this article.
Sec. 26-9.
Impounding pushcarts.
A pushcart may be impounded by a police officer, or by
any other person authorized to enforce this chapter pursuant
to section 1-18.1 of this code, in the course of an arrest of
the operator for a violation of this code when the pushcart is
to be used as evidence of the violation.
ARTICLE II. OWNER'S PERMIT PROCEDURES
Division 1. certificate of Eligibility
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ORDINANCE NS-2133
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Sec. 26-12.
Application tor owner's permit; contents;
required tee.
(a) Any person desiring to obtain an owner's permit shall
make application to the chief of police or his designated
representative for a certificate of eligibility for such
permit. Prior to submitting such application, a nonrefundable
fee as established by resolution of the city council shall be
paid to the department of finance to defray, in part, the cost
of the investigation and report required by this article, The
department of finance shall issue a receipt showing that such
application fee has been paid. The receipt, or a copy
thereof, shall be supplied to the chief of police at the time
such application is filed. Fees required under this article
shall be in addition to any other license, permit or fee
required under this chapter or any other chapter of this Code.
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(b) Neither the filing of an application for a permit,
nor the payment of an application fee, shall authorize the
vending from, operation or management of a pushcart until such
permit has been granted or renewed.
(c) The owner's permit shall be applied for and issued to
the applicant pushcart owner before the owner's operators may
be issued operator's permits under the provisions of section
26-12.
(d) Each applicant for a certificate of eligibility for
an owner's permit shall furnish the following:
(1) The full and true name under which the business
will be conducted.
(2) The full and true name and any other name used by
the applicant.
(3) If the applicant is a corporation, either foreign
or domestic, a copy of the articles of
incorporation, and if domestic, a copy of the
domestic stock statement.
(4) The present residence and business address of the
applicant and telephone numbers of the applicant.
(5) A description of the merchandise which the
pushcarts will vend.
(6) The maximum number of pushcarts owned, operated,
leased, controlled or contracted by the applicant
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ORDINANCE NS-2133
PAGE 7
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to be used in the city of Santa Ana.
(7) A description of the logo, color scheme, insignia
and any other distinguishing characteristics of the
applicant's pushcarts and description of the
uniform as required in section 26-5 (e) of this
article.
(8) The full and true names and residences of all
persons employed, contracted, leased or otherwise
given control of applicant's pushcarts.
(9) The applicant, if an individual; or each of the
director's, officers or stockholders holding more
than five (5) per cent of the stock of the
corporation; or each of the partners, including
limited partners, or profit interest holders,
managers or other persons principally in charge of
the operation of the existing or proposed business
of vending from pushcarts, shall also furnish the
following information:
(i)
California driver's license
identification number of
above-described natural persons;
or
the
(ii) Date of birth of the above-described
natural persons;
(Hi)
(iv)
The permit history of the above-described
natural persons for the three-year period
immediately preceding the date of the
filing of the application, including
whether such person, in previously
operating in this or any other city,
county, state or territory, has ever had
any similar license or permit or
franchise revoked or suspended, and if
so, the circumstances of such suspension
or revocation;
All criminal convictions suffered by the
above-described natural persons,
including ordinance violations, but
excepting minor traffic offenses (any
traffic offense designated as a minor
traffic offense), stating the date,
place, nature and sentence of each such
conviction.
(10) The applicant, if other than an individual, shall
also furnish the following information:
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ORDINANCE NS-2133
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(i)
(il)
(iil)
(iv)
Each business address of the applicant
for the three-year period immediately
preceding the date of the application and
the inclusive dates of each such
business;
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The nature of the
the three-year
preceding the date
business or firm for
period immediately
of the application;
The permit history of the applicant for
the three-year period immediately
preceding the date of the filing of the
application, including whether such
applicant, in previously operating in
this or any other city, county, state or
territory has ever had any similar
license or permit, or franchise revoked
or suspended, and if so, the
circumstances of such suspension or
revocation;
All criminal convictions suffered by the
applicant including ordinance violations,
stating the date, place, nature and
sentence of each such conviction.
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(11) Such other identification and/or information as the
chief of police or his designated representative
may require in order to discover the truth of the
matters required to be set forth in the
application.
(e) The applicant, if a natural person, or if the
applicant is a partnership or corporation, the designated
responsible managing officer, shall personally appear at the
police department of the city of Santa Ana and produce proof
that the required application containing the information and
supporting documentation required by subsection (c) of this
section.
(f) When any change occurs regarding the written
information required by subsection (c) of this section prior
to or after issuance of a permit, the applicant shall give
written notification of such change to the chief of police
within two (2) weeks after such change.
(g) If the applicant is an individual who is also to be
the operator, no separate operator's permit shall be required.
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ORDINANCE NS-2133
PAGE 9
417
Sec. 26-13.
Investigation of applications.
The chief of police shall have a reasonable period of
time in which to investigate the application and background of
the applicant for a certificate of eligibility for an owner's
permit. The chief of police, or his representative, shall,
within thirty (30) days after the date of the filing of the
application, approve or deny the application for the
certificate or renewal thereof.
Sec. 26-14.
Issuanoe of certificate
The chief of police or his designated representative,
after receiving the application, shall issue the certificate
only if he finds that all of the following requirements have
been met:
(a) The required fees have been paid;
(b) The application conforms in all respects to the
provisions of this chapter;
(c) The applicant has not knowingly made a material
misrepresentation of fact in the application;
in the
(d) The applicant has fully cooperated
investigation of the application;
(e) The applicant, if an individual; or any of the
directors, officers or stockholders holding more
than five (5) per cent of the stock of the
corporation; or any of the partners, including
limited partners, or profit interest holder,
manager or other person principally in charge of
the operation of the existing or proposed business
of vending from pushcarts in the city of Santa Ana
or a natural person employed or contracted or
leased with to be an operator has not been
convicted or pleaded nolo contendere or guilty
within five (5) years prior to his application for
a permit to a misdemeanor or felony crime of moral
turpitude or drug-related misdemeanor or felony
crime, including but not limited to: the sale of a
controlled substance specified in California Health
and Safety Code Sections 11054 through 11058; the
sale, distribution or display of harmful or obscene
matter; indecent exposure; selling or disposing of
lottery tickets; permitting gambling, pool selling
or book-making; or in the case of applications for
an operator's permit, alcohol or drug-related
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ORDINANCE NS-2133
PAGE 10
traffic offenses. The investigating city employee
is specifically authorized to obtain state summary
criminal history record information as provided for
in section 11105 of the California Penal Code. Any
complaint for the above-listed charges pending
before a court of law shall cause the application
to be consideted pending until adjudication of the
complaint.
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Sec. 26-15.
certificate term and renewal.
The term of a certificate of eligibility for an owner's
permit, unless sooner suspended or revoked, shall be for a
period of one year. Upon the expiration of such term, the
permittee may renew the certificate for additional one-year
terms by submitting new applications in conformance with
section 26-12 together with such renewal fee as may be
established by resolution of the city council.
Sec. 26-16.
Denial of certificate.
If the chief of police or his designated representative
does not find that all of the requirements set forth in
section 26-14 have been met, he shall deny the application for
the certificate of eligibility. In the event the application
for the certificate is denied by the chief of police or his
designated representative, written notice of such denial shall
be given to the applicant specifying the ground or grounds of
such denial. Notice of denial of the application for the
certificate shall be deemed to have been served if it, in
fact, is personally served on the applicant or when deposited
in the United states mail with postage prepaid and addressed
to the applicant at his or her residence address as set forth
in the application for the certificate,
Sec. 26-17.
Revocation of certificate.
(a) Any certificate of eligibility for'an owner's permit
issued under this article may be suspended or revoked by the
chief of police or his designated representative for any of
the following reasons:
(1)
Falsehood of
permi ttee upon
was based;
any information supplied by the
which issuance of the certificate
(2) Failure of the permittee to promptly notify the
chief of police of any change occurring subsequent
to the issuance of the certJ f icate in the
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ORDINANCE NS-2133
PAGE 11
4.19
information supplied by the permittee upon which
the issuance of the certificate was based;
(3)
conviction of, or plea
by the permittee of
section 26-14(e).
of guilty or nolo contendere
any offense set forth in
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(b) Any permittee whose certificate of eligibility for an
owner's permit is revoked shall not be eligible to apply for
a new permit for a period of one year following such
revocation.
Sec. 26-18.
Appeal.
Any person whose application for a certificate of
eligibility for an owner's permit is denied or whose
certificate is revoked may appeal such decision to the city
council, pursuant to Chapter 3 of this Code.
Division 2. Issuance of Owner's Permits
Sec. 26-21. Limitation on the number of pushcarts.
No owner's permit shall be issued which would cause the
number of persons vending from pushcarts outside of the
downtown district to exceed 178. No owner's permit shall be
issued pursuant to this article which would cause the number
of persons vending from pushcarts in the downtown district to
exceed 22.
Sec. 26-22.
Eligibility for permit.
No person except the holder of a certificate of
eligibility for an owner's permit issued pursuant to Division
1 of this article may be issued an owner's permit. No person
may be issued such a permit 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, has paid all required fees, and has obtained the
business license required by Chapter 21 of this Code.
Sec. 26-23.
Permit issuance.
(a) The Director is authorized and directed to establish
application procedures and enforcement rules for the issuance
of owner' permits consistent with sections 26-21 and 26-22.
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ORDINA~CE NS-2133
PAGE 12
(b) Every application for a certificate shall be
accompanied by an application fee in such amount as shall be
established by resolution of the city council,
Sec. 26-24.
Revocation of permits.
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The Director may revoke or suspend any permit issued
pursuant to this Article for any of the following reasons:
(1)
Revocation, suspension or
certificate of eligibility
pursuant to Division 1 of
required orange County Health
nonrenewal of the
issued to the owner
this article or of
Care Agency permits.
(2)
'l'hree or more violations of
forth in this chapter by the
operators.
the regulations set
owner or any of his
(3) Failure of the certificate grantee to comply with
the terms and conditions set forth in his or her
certificate,
Sec. 26-25.
Appea 1.
Any person whose application for a permit is denied for
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ORDINANCE NS-2133
PAGE 13
421
any reason other than non-selection pursuant to section 26-21,
or whose certificate is revoked, may appeal such decision to
the city council pursuant to Chapter 3 of this Code.
ARTICLE III, OPERATOR PERMITS
Sec. 26-31.
Application for operator's permit; contents;
required fee.
(a) Any owner may apply for the permit required under
this section on behalf of any and all operators employed or
otherwise retained by such owner. If the operator is also the
pushcart owner such a person shall be exempt from the
provisions of this article and be only subject to the
provisions of Article II of this chapter,
(b) To obtain an operator's permit, application shall be
made to the chief of police or his designated representative.
Prior to submitting such application a nonrefundable fee, as
established by resolution of the city council, shall be paid
to the department of finance to defray, in part, the cost of
the investigation and report required by this article. The
department of finance shall issue a receipt showing that such
application fee has been paid. The receipt, or a copy thereof,
shall be supplied to the chief of police at the time such
application is filed. Permit issuance fees required under
this article shall be in addition to any license, permit or
fee required under any other chapter of this Code.
(c) Neither the filing of an application for a permit,
nor the payment of an application fee, shall authorize the
vending from or operation of a pushcart until such permit has
been granted or renewed.
(d) Each applicant for an operator's permit shall furnish
the fOllowing information:
(1) The operator's full true name, present residence,
telephone number and social security number;
(2) Any other names used by the applicant;
(3)
Acceptable written
attesting to the truth
in subsection (1);
proof of identification
of the information provided
(4) Two (2) photographs of the applicant, at least two
(2) inches by two (2) inches in size, taken within
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ORDINANCE NS-2133
PAGE 14
the six-month period immediately preceding the date
of the application;
(5) The business, occupation or employment history of
the applicant for the one-year period immediately
preceding the date of application;
(6) The permit history of the applicant, for the
one-year period immediately preceding the date of
the filing of the application, including whether
such applicant, in previously operating in this or
any other city, county, state or territory, has
ever, had any similar license, permit, or franchise
revoked or suspended, and if so, the circumstances
of such suspension or revocation;
(7)
All criminal convictions suffered by
including ordinance violations,
offenses;
the applicant,
and traffic
(8) Such other identification and/or information as the
chief of police or his designated representative
may require in order to discover the truth of the
matters required to be set forth in the
application.
(e) The applicant shall personally appear at the police
department of the City of Santa Ana and produce proof that the
required application fee has been paid and shall present the
application containing the information and supporting
documentation required by subsection (b) of this section.
(f) When any change occurs regarding the written
information required by subsection (b) of this section prior
to or after issuance of a permit, the applicant shall give
written notification of such change to the chief of police
within two (2) weeks after such change.
Sec. 26-32.
Investigation ot applications.
The chief of police shall have a reasonable period of
time in which to investigate the application and background of
the applicant for an operator permit, The chief of police, or
his representative, shall, within thirty (30) days after the
date of the filing of the application, approve or deny the
application for the permit or renewal thereof.
Sec. 26-33.
Issuance of permit.
The chief of police or his designated representative,
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ORDINANCE NS-2133
PAGE 15
423
after receiving the application, shall grant the permit only
if he finds that all of the following requirements have been
met:
(a) The required fees have been paid;
(b) The application conforms in all respects to the
provisions of this chapter;
(c) The applicant has not knowingly made a material
misrepresentation of fact in the application;
(d) The applicant has fully cooperated
investigation of the application;
(e) The applicant, if an individual; or any of the
directors, officers or stockholders holding more
than five (5) per cent of the stock of the
corporation; or any of the partners, including
limited partners, or profit interest holder,
manager or other person principally in charge of
the operation of the existing or proposed business
of vending from pushcarts in the city of Santa Ana
ora natural person employed or contracted or
leased with to be an operator has not been
convicted or pleaded nolo contendere or guilty
within five (5) years prior to his application for
a permit to a misdemeanor or felony crime of moral
turpitude or drug-related misdemeanor or felony
crime, including but not limited to: the sale of a
controlled substance specified in California Health
and Safety Code sections 11054 through 11058; the
sale, distribution or display of harmful or obscene
matter; indecent exposure; selling or disposing of
lottery tickets; permitting gambling, pool selling
or book-making; or in the case of applications for
an operator's permit, alcohol or drug-related
traffic offenses. The investigating city employee
is specifically authorized to obtain state summary
criminal history record information as provided for
in section 11105 of the California Penal Code. Any
complaint for the above-listed charges pending
before a court of law shall cause the application
to be considered pending until adjudication of the
complaint.
in the
Sec. 26-34.
Permit term and renewal.
The term of operator permits, unless sooner suspended or
revoked, shall be for a period of one year. Upon the
expiration of such term, the permittee may renew the permit
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ORDINANCE NS-2133
PAGE 16
424
for additional one-year terms by sUbmitting new applications
in conformance with 26-31 together with such permit renewal
fee as may be established by resolution of the city council.
Sec. 26-35.
Denial ot permit.
,
If the chief of police or his designated representative
does not find that all of the requirements set forth in
section 26-33 have been met, he shall deny the application for
the permit. In the event the application for the permit is
denied by the chief of police or his designated
representative, written notice of such denial shall be given
to the applicant specifying the ground or grounds of such
denial. Notice of denial of the application for the permit
shall be deemed to have been served if it, in fact, is
personally served on the applicant or when deposited in the
United states mail with postage prepaid and addressed to the
applicant at his or her residence address as set forth in the
application for the permit.
Sec. 26-36.
Revocation ot permit.
(a) Any permit issued under this article may be suspended
or revoked by the chief of police or his designated
representative for any of the following reasons:
(1)
Falsehood of
permittee upon
based;
any information supplied by the
which issuance of the permit was
(2) Failure of the permittee to promptly notify the
chief of police of any change occurring subsequent
to the issuance of the permit in the information
supplied by the permittee upon which the issuance
of the permit was based;
(3) Failure of the permittee to comply with the
regulations set forth in this chapter;
(4) violation by the permittee of any state law or
municipal ordinance while in the course of
conducting vending operations from pushcarts
pursuant to the permit;
(5)
of guilty or nolo contendere
any offense set forth in
conviction of, or plea
by the permittee of
section 26-33(e).
(b) Any permittee whose permit is revoked shall not be
eligible to apply for a new permit for a period of one year
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PAGE 17
4205
following such revocation.
sec. 26-37.
Appeal.
Any person whose application for an operator's permit is
denied or whose operator's permit is revoked may appeal such
decision to the city council, pursuant to Chapter 3 of this
Code.
SECTION 2: That section 1-18.1 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 1-18.1.
planning and building agency authority to
issue citations.
The executive director of the planning and building
agency, the planning manager, the building safety manager,
community preservation inspectors, code enforcement
inspectors, senior building inspectors, and building
inspectors have the duty to enforce the following provisions
of this Code: Chapter 8, sections 10-2, 10-8, 10-16, 10-19,
10-26, 10-64, 10-70, 10-71, 10-89, 10-97, 10-98, 10-100,
10-140, 10-141, 10-142, 10-143, 10-150, 10-151, 10-177,
10-197, 10-203, 10-209, 10-221 through 10-238; sections 16-1,
16-2, 16-3, 164, 16-6, 16-46 through 16-60; Chapter 17;
sections 18-17, 18-39, 18-40, 18-352, 18-400 through 18-420;
Chapter 21; Chapter 26; and Chapter 41. The above-listed
officers and employees are authorized to arrest persons
without a warrant whenever they have reasonable cause to
believe that the person to be arrested has committed a
violation of said provisions in their presence. In any case in
which a person is arrested pursuant to this section, and the
person arrested does not demand to be taken before a
magistrate, said officer or employee making the arrest shall
prepare a written notice to appear and release the person on
his or her promise to appear as prescribed by Chapter 5C,
Title III, Part 2 of the Penal Code of the State of California
(commencing with Section 853.5).
SECTION 3: That section 21-107 of the Santa Ana Municipal
Code is amended to read as follows:
Sec. 21-107.
Peddlers, solicitors and pushcarts.
(a) Any person, whether a resident of the city or not,
traveling by foot, automotive vehicle or any other type
conveyance from place to place or from street to street
17
426
ORDINANCE NS-2133
PAGE 18
carrying, conveying or transporting goods, wares, merchandise,
and offering and exposing the same for sale, or making sales
and delivering articles to the purchasers or offering to sell
or take orders for goods, wares, or merchandise or other
things of value for future delivery or for services to be
performed in the future, or canvassing any opinions,
preferences, endorsements or other information from persons
within the city, not otherwise licensed under the provisions
of this chapter or not having a regularly established place of
business within the city, as said established place of
business within the city shall be defined in this section,
shall pay a license fee as follows:
---
(1) One hundred dollars ($100.00) per year, or ten
dollars ($10.00) per day, unless the person,
persons, firms or corporations for whom such
persons peddling and/or soliciting have a
principal's, peddler's or solicitor's license as
hereinafter provided pursuant to section 21-108.
(2) Thirty-five dollars ($35.00) per year, if the
person, persons, firms or corporations for whom
such person is peddling and/or soliciting have a
principal's, peddler's or solicitor's license.
(b) The phrase "having a regularly established place of
business within the city" as used hereinabove and hereinafter
below shall be defined as any indJvidual having a fixed place
of business, within the city for a period of not less than
ninety (90) days and having a state board of equalization
permit number applicable to the aforementioned place of
business so established in the city.
/
I
(c) Every person operating a pushcart vending business
within the city shall pay a license fee of two hundred dollars
($200.00) per year for each such pushcart operated within the
city.
SECTION 4A: If Ordinance No. NS-2131, pertaining to the
Business License Tax, has been adopted prior to the adoption of
this ordinance or is adopted on the same day that this ordinance is
adopted, that section 21-118 of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 21-118.
Same; nonresident businesses.
(a) All new businesses located elsewhere, excluding
businesses engaged in the business of pushcart vending or in
erecting, maintaining and selling of advertising space on
off-premises commercial advertising signs in the city or
18
ORDINANCE NS-2133
PAGE 19
42,7
engaged in the operation of coin-operated machines or devices,
or engaged otherwise in vending operations, but transacting
and carrying on business in the city, and for whom flat rates
or variable flat rates are made the basis for fixing the
amount of such license, shall have the option of paying the
flat rate or variable flat rate amount or basing the amount
of their tax upon their attributable gross receipts in
accordance with section 21-119(1), to which no basic tax rate
amount shall be added, but for which a two hundred dollar
annual deposit shall be required to offset any tax due should
applicant cease operation before the expiration of the license
term. Provided further that all such businesses who so elect
shall pay in advance an amount therefor as set forth in
section 21-117, subsection (c) above. Said deposit to be
applied as a credit or to be taken as a refund in the same
manner as is set forth in section 21-117, subsection (c).
(b) All new businesses located elsewhere, but transacting
and carrying on business in the city for whom gross receipts
are made the basis for fixing the amount of such license,
shall base their tax upon attributable gross receipts in a
manner similar to that of all other similarly classified
businesses for whom gross receipts are made the basis for
fixing the amount of their license, to which no basic tax rate
amount shall be added. Provided further that all such
businesses shall pay in advance an amount therefor as set
forth in section 21-117 subsection (c) above, Said deposit to
be applied as a credit, or to be taken as a refund in the same
manner as is set forth in section 21-117 subsection (c).
(c) Unless an adjustment of exemption is obtained
pursuant to this chapter, the minimum tax pursuant to this
section shall be ten dollars ($10.00) per year.
SECTION 4B: If Ordinance No. NS-2131, pertaining to the
Business License Tax, has not been adopted prior to the adoption of
this ordinance and is not adopted on the same day that this
ordinance is adopted, that section 21-118 of the Santa Ana
Municipal Code is amended to read as follows:
Sec. 21-118.
Same; nonresident businesses.
(a) All new businesses located elsewhere, excluding
businesses engaged in the business of pushcart vending or in
erecting, maintaining and selling of advertising space on
off-premises commercial advertising signs in the city or
engaged in the operation of coin-operated machines or devices,
or engaged otherwise in vending operations, but transacting
and carrying on business in the city, and for whom flat rates
are made the basis for fixing the amount of such license,
shall have the option of paying the flat rate amount or basing
19
428
ORDINANCE NS-2133
PAGE 20
the amount of their tax upon a rate of fifty cents ($0.50) per
every thousand dollars of their attributable gross receipts,
to which no basic tax rate amount shall be added, but for
which a two-hundred-dollar-annual deposit shall be ,required to
offset any tax due should applicant cease operation before the
expiration of the license term. Provided further that all such
businesses who so elect shall pay in advance an amount
therefor as set forth in (b) below. Said deposit to be applied
as a credit or to be taken as a refund in the same manner as
is set forth in section 117 [section 21-117], subsection (c).
(b) All new businesses located elsewhere, but transacting
and carrying on business in the city for whom gross receipts
are made the basis for fixing the amount of such license,
shall have the option of basing their tax upon attributable
gross receipts in a manner similar to that of all other
similarly classified businesses for whom gross receipts are
made the basis for fixing the amount of their license, or
paying an annual flat rate feeof two hundred dollars
($200.00). Except, however, that where the applicant elects to
choose attributable gross receipts as the basis for fixing the
amount of applicant's fee, an annual deposit of two hundred
dollars ($200.00) shall be required to offset any tax due
should applicant cease business before the expiration of the
license term. Provided further that all such new businesses
howsoever they elect shall pay in advance an amount equal to
one-quarter ( 1/4) of the annual amount therefor for each
quarter and fraction of a quarter remaining during the period
for which the new license is issued. Said deposit to be
applied as a credit, or to be taken as a refund in the same
manner as is set forth in section 21-117, subsection (c).
(c) Unless an adjustment of exemption is obtained
pursuant to this chapter, the minimum tax pursuant to this
section shall be ten dollars ($10.00) per year.
SECTION 5A: If Ordinance No. NS-2131, pertaining to the
Business License Tax, has been adopted prior to the adoption of
this ordinance or is adopted on the same day that this ordinance is
adopted, that section 21-120p of the Santa Ana Municipal Code is
amended to read as follows:
Sec. 21-120p. Pawnbrokers, peddlers,
services, pushcarts.
professional
(1) PAWNBROKERS. . . .
400.00 A
(2) PEDDLER, per peddler as principal
or . . . . , , . . . . . . . . .
100.00 A
10.00 D
(3) PEDDLER, per peddler as independent
20
ORDINANCE NS-2133
PAGE 21
429
contractor
. . . . . . . . .
35.00 A
(4) PRINCIPAL'S PEDDLER'S LICENSE
per each person engaged
peddling in the city . . . .
200.00 A
35.00 A
(5) PROFESSIONAL SERVICES
Per location, plus
100.00 A
a)
b)
Each practicing principal in
excess of one . . . . .
100.00 A
c)
Each licensed associate
50.00 A
d)
Each additional person
10.00 A
(6) PUSHCARTS, per pushcart
200.00 A
SECTION 5B: If Ordinance No. NS-2131, pertaining to the
Business License Tax, has not been adopted prior to the adoption of
this ordinance and is not adopted on the same day that this
ordinance is adopted, that section 21-120p of the Santa Ana
Municipal Code is amended to read as follows:
Sec. 21-120p. Pawnbrokers, peddlers.
(1) PAWNBROKER . . . . . . . . . . . . . $400.00 A
(2) PEDDLER, per peddler as principal . . 100.00 A
or . . . . . . . . . . . . . . . . . 10.00 D
(3) PEDDLER, per peddler as independent
contractor . . . . . . . . . . . . . .35.00 A
(4) PRINCIPAL'S PEDDLER'S LICENSE . . . . 200.00 A
per each person engaged
peddling in the city . . . . . . . . . 35.00 A
(5) PUSHCARTS, per pushcart . . . . . . . 200.00 A
SECTION 6: until such time as the city council may provide
otherwise by resolution, the standards referenced in section 26-6
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 26-23 as added to the
Santa Ana Municipal Code by this ordinance shall be $lOO per
pushcart.
SECTION 7: Permits issued to owners (vendors) of pushcarts
prior to the adoption of this ordinance shall remain valid until
21
1~30
ORDINANCE NS-2133
PAGE 22
the date occurring 90 days after the date of adoption of this
ordinance. From and after the date occurring 90 day after the date
of adoption of this ordinance, no owner's permit shall be valid
unless issued by the said Executive Director in accordance with the
provisions of chapter 26 as revised by this ordinance or by
subsequent ordinances.
~
SECTION 8: The City Council recommends the adoption by the
Orange County Municipal Court of the proposed bail amounts set
forth in Exhibit B, attached hereto and incorporated herein, as the
bail schedule for violations of the provisions of Chapter 26 of the
Santa Ana Municipal Code, as revised by this ordinance. The city
Attorney is authorized to prepare a bail schedule in appropriate
format in accordance with said Exhibit B and submit the same to the
said court for adoption. subsequent changes in the bail schedule
for the provisions of Chapter 26 may be recommended by the city
Council by minute order or resolution; an ordinance shall not be
required for such purpose,
SECTION 9: The tax rates established by sections 3 and 5 of
this ordinance shall be subject to adjustment pursuant to section
21-121 of the Santa Ana Municipal Code to the same extent as if the
tax rates established by this ordinance had been established by
Ordinance No. NS-1922; provided that any tax liability due under
Chapter 21 of the Santa Ana Municipal Code for which payment was
due prior to the adoption of this ordinance shall be governed by
the provisions of said chapter as they existed prior to this
ordinance.
.(iECTIQlL..lQ: 'rhe Executive Director of Finance and Management
Services is hereby authorized to refund part of the business
license tax paid to the city of Santa Ana for the current business
license tax year by any person who ceases doing business in the
City due to the adoption of this ordinance. 'rhe amount of the
refund shall be such that the tax paid by such person after the
refund is proportionate to the number of months in the current
business license tax year during which such person conducted
business in the city, 'l'he sa id Executive Dir"ector is further
authorized to establish reasonable rules and regulations governing
applications for such refunds,
SEC'l'ION 11: I f 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
22
L
ORDINANCE NS-2133
PAGE 23
431
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 12: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the
prosecution for violation of ordinanc,es, 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 pursuant to any ordinance and all rights and
obligations thereunder appertaining shall continue in full force
and effect.
ADOPTED this 15th
ATTEST:
day of
July , 199~.
~ .
Dan1el H'~
~;; ;: G2t~
Clerk of the Counc 1
COUNCILMEMBERS:
Young
Pulido
Acosta
Griset
McGuigan
Norton
Richardson
~
~
~
Absent
Nav
NL
NL
APPROVED AS TO FORM:
E~~
city Attorney
23
I
432
CERTIFICATE OF ORIGINALITY & PUBLICATION
state of California
County of orange
r--,
I, JANICE C. GUY, Clerk of the Council, do hereby certify the
attached Ordinance ~~- 2J33 to be the original ordinance
adopted by the City Council of the City of Santa Ana on
7/15'/'11
; and that said ordinance was published in
accordance with the Charter of the city of Santa Ana.
~~<-~Y.~
' '
Clerk of the Council,
city of Santa Ana
~!;/7/
Date
ORDINANCE NS-2133
PAGE 24
433
DOWNTOWN PUSHCART STANDARDS
1. OUANTITY AND LOCATION
A. Fourth Street
A maximum of two pushcarts will be al10wed per City block and
only at the cut-out planter bench locations, The pushcart must be
located adjacent to the intersection and away from entrances and
exits of buildings such that it does not impede pedestrians using
crosswalks (see Attachment A), If a direct competitive conflict
exists between a street vendor and an adjacent merchant at a
location described above, an alternate location in the block may be
considered,
B, Civic Center
A maximum of nine (9) carts will be al10wed in the Civic Center
and only at the designated locations (see Attachment A),
C, The Executive Director of the Planning & Building Agency
reserves the authority to change the location of any pushcart
approved to operate in the Downtown District.
2, APPEARANCE AND DESIGN
Vendor's carts and their operators must be approved by Police and Health
officials prior to review and approval by the Executive Director of the Santa Ana
Planning & Building Agency or his or her designee, Vendors are encouraged to
strive for the use of the most aesthetical1y pleasing equipment and employee attire
and must conform to the fol1owing design standards:
A, Cart exterior must be of wood, enameled steel, or lexan finish,
B. Colorful and clean canopies or umbrellas are encouraged, but are
not mandatory.
C, Any signage located on the cart must be concise, professionally
applied, and approved by the Executive Director of Planning &
Building or their designee,
Exhibit A
Page I of 2
434
ORDINANCE NS-2133
PAGE 211
c,
Operators must wear a readily identifiable upper body blouse,
shirt, or jacket that identifies the vendor, Festive and colorful
presentations are encouraged, Pushcarts permilled on Fourth
Street, between French Street on the east and Bush Street on the
west. or otherwise known as Fiesta Marketplace, must comply
with a special set of design and color guidelines (see Allachment
B). No other pushcarts will be permilled in this area to guarantee
the aesthetic theme of the Fiesta Marketplace project.
---,
3, PRODUCT MIX
The maximum level of product mix per block will be sought (two different
products), If this proves unlikely, alternatives may be considered.
4. WORK STATION AND LOCATION
Vendors will be assigned locations on a first-come, first serve basis, Should this
prove unsuccessful, a 10llery assignment will be used, The work stations must
remain clean at all times, Arrangements will be made for Fourth Street vendors
to access hose bib locations to clean these stations daily, Hoses are to be
furnished by the vendors, Vendors at stations found untidy and consistently
soiled will be subject 10 permit revocation,
Exhibit A
Page 2 of 2
ORDINANCE NS-2133 L I
PAGE 26 ---1
-"
435
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Attachmeat A ~ V
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436
ORDINANCE NS-2133
PAGE 27
"FIESTA MARKETPLACE" CART DESIGN AND COLOR STANDARDS:
The cart should be built on a I" by I" monocoque tubular frame which has been powder paint
coated. All tops and comers should be of 16 gauge stainless steel. Interiors will be of stainless
steel with exterior panels of 3116" lexan screenprinted with approved graphics, The colors on
the cart must be selected from the following "Frazee" exterior panels, Fiesta Marketplace paint
color palet.
"'"""
CZ-D-278, 506, 505, 282, 279, 4342, 4212, 277, 230, 4345, 4215, 287,
Attachment B
(
;1
:1
ORDINANCE NS-2133
PAGE 28
Exhibit B
RECOMMENDED CHANGES IN THE BAIL SCHEDULE FOR
VIOLATIONS OF THE CITY OF SANTA ANA'S PUSHCART
REGULATIONS
strikeout indicates current code section numbers.
'."'%a".""~:m;"'I"
:;. :"::':
. .v:.m;.;.;.:'.' ;~:'. :
SAMC
VIOLATION
:?,~~~~\a)
:ii1MhVti)!
?'~rlJ~e!~h)
'"\m' '~i i'~\ ~
~L,m",,,,R,,,
f,~",..!:~, f(~ a)
::::: : " ;.; {' :.; ~
:il.",~,
2,IS,102Ih)
~_jtf:~I;l
;.b;:~~,ily
~igtn~J~eJ~~
Ijltll11:i~:$
437
indicates corresponding code section numbers in
the proposed ordinance amending the pushcart
regulations.
DESCRIPTION
CURRENT
BAIL
Selling from portable
box, bag, etc.-Not a
pushcart.
$ 80
same-2nd offense
$ 80
$100
Directing others to
act in violation of
above.
same-2nd offense
$100
'$100
Owner's (vendor's)
permit required.
Same-2nd offense
$100
$100
Operator's permit
required
same-2nd offense
$100
Owner's required to
assure operators have
permits.
none
same-2nd offense
none
Assemblage of
pushcarts prohibited.
none
1
PROPOSED
BAIL
$125
$,500
$l25
$500
$125
$500
$125
$500
$125
$500
$50
.,
438
ORDINAnCE NS-2133
PAGE 29
2& l11(b)
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'..','..'<<w..',1/!', 'Y
3lfm~i,jl
Vending near schools,
churches, zoo
prohibited.
Parking restrictions.
Time restrictions.
Permits affixed to
pushcarts.
same-2nd offense
Pushcart dimensions.
same-2nd offense
Sign restrictions.
same-2nd offense
Uniform restrictions.
Artificial lighting
prohibited.
same-2nd offense
Refuse bin required.
same-2nd offense
Noise making device
restriction.
2
none
$ 50
$ 55 $ 50
~
none $ 50
$ 75 $125
$ 75 $500
$ 30 $125
$ 30 $500
$ 30 $125
$ 30 $500
$ 30 $ 50
$ 30 $125
$ 30 $500
$ 30 $125
$ 30 $500
none $ 50