HomeMy WebLinkAboutNS-2481 - Amending Chapter 26 of the Santa Ana Municipal Code to Regulate the Vending of Icecream from PushcartsORDINANCE NO. NS-2481
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 26 OF THE SANTA
ANA MUNICIPAL CODE TO REGULATE THE VENDING OF
ICE CREAM FROM PUSHCARTS
CGN: 10/29/01
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana does hereby find,
determine and declare as follows:
In 1991 the City established an ordinance to regulate pushcart vendors in
order to ensure that the sales and handling of food products were done in
accordance with state, county, and city health and safety standards.
In response to concerns regarding the poor condition of ice cream
pushcarts, and the appearance of the clothing of their operators, the City
desires to further regulate ice cream pushcarts and the uniform standards of
their operators.
All provisions of the Santa Ana Municipal Code which are repeated herein
are repeated solely in order to comply with the provisions of section 418 of
the Charter of the City of Santa Ana. Any such restatement of existing
provisions of the Code is not intended, nor shall it be interpreted, as
constituting a new action or decision of the City Council, but rather such
provisions are repeated for tracking purposes only in conformance with the
Charter.
Section 2. Section 26-1 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-1. Definitions.
For purposes of this article, the following terms have the following respective
meanings:
(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, beverage or product is offered for sale to the public. This
includes an ice cream pushcart as defined herein.
(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
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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 and operators.
(d) Owner. Any person who owns or controls one (1) or more pushcarts
and:
(1) Conducts or permits or causes the operation of such
pushcart(s) vending food, beverage or product;
(2) Owns, operates, controls or manages 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 permit. 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. This includes an owner's ice cream permit as
defined herein.
(g) Operator's permit. 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. At a minimum, a collared shirt containing the logo, insignia,
name or other identifying characteristic of the owner.
(i) Civic Center District. The open-space pedestrian areas in the civic
center complex bounded by Flower Street, Civic Center Drive, Broadway
and Santa ^na Boulevard.
(j) Downtown District. All public property and private property open to the
public bounded by Ross Street on the west, First Street on the south,
Civic Center Drive on the north, and French Street on the east, excluding
therefrom any portion of the area defined as the Civic Center District in
section 26-1(i) of this Code.
(k) Director. The executive director of the Planning and Building agency or
his or her designated representative.
(i) Ice cream pushcart. Any pushcart from which ice cream, frozen or
refrigerated desserts, confections, novelties commonly known as ice
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cream, or other prepackaged frozen items, are offered for sale to the
public.
(m) Owner's ice cream permit. A permit issued by the City of Santa
Ana authorizing the holder to engage in the business of vending
from an ice cream pushcart.
Section 3. Section 26-3 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
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 such person is operating or causing to
be operated in the City of Santa Ana.
(b) No person shall operate or vend from a pushcart within the Civic
Center District as defined in subsection 26-1(i) unless the owner of the
pushcart holds a valid Civic Center owner's permit for such pushcart.
(c) No person shall operate or vend from a pushcart within the Downtown
District as defined in 26-1(j) unless the owner of the pushcart holds a valid
Downtown District owner's permit for such pushcart.
(d) No person shall operate or vend from a pushcart in violation of any
permit restriction placed upon the pushcart owner's permit pursuant to
section 26-22.
(e) No person shall vend from a pushcart without having first obtained a
valid operator's permit issued pursuant to the provisions of Article III of
this chapter.
(f) No person shall vend from a pushcart without having upon his/her
person a valid operator's permit in his/her own name.
(g) 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.
(h) No person shall operate or vend from an ice cream pushcart as
defined in subsection 26-1(I) unless the owner of the pushcart holds
a valid owner's ice cream permit for such ice cream pushcart, All
owners who possess a valid owner's permit and vend ice cream as
of January 1, 2002, shall have two years commencing January 1,
2002, to obtain an owner's ice cream permit.
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Section 4. Section 26-4 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-4. Prohibited conduct.
(a) No person shall operate or vend from a pushcart which is located
within fifty (50) feet of any other pushcart.
(b) No person shall operate or vend from a pushcart within two hundred
(200) feet of any property utilized for school uses or church uses.
(c) No person shall operate or vend from a pushcart within five hundred
(500) feet of the boundaries of the Santa Ana Zoo located within Prentice
Park.
(d) No person shall operate or vend from a pushcart within ten (10) feet of
any intersection, driveway, building entrance, or in any space designated
for vehicular parking.
(e) Pushcarts shall not remain stationary except for the purpose of
conducting a sales transaction. Such restriction shall not apply to any
pushcart who is legally operating within the Civic Center or Downtown
Districts.
(f) No pushcart which is permitted to vend in the Civic Center or
Downtown Districts shall vend in any location other than that area
designated by the director pursuant to section 26-22.
(g) No person shall operate or vend from a pushcart before 9:00 a.m. or
later than 6:00 p.m. during periods of standard time.
(h) No person shall operate or vend from a pushcart before 9:00 a.m. or
later than 8:00 p.m. during periods of daylight savings time.
(i) No person shall operate or vend from a pushcart, except those
pushcarts permitted to vend in the Civic Center and Downtown Districts, in
violation of any standards set forth in section 26-5.
(j) No person shall operate or vend from a pushcart within the Civic Center
and Downtown Districts in violation of any standards set forth in section
26-5 and 26-6.
(k) No person shall operate or vend from a pushcart in violation of any
restriction placed upon the owner's permit issued to such pushcart
pursuant to 26-22.
(I) No person shall operate or vend from an ice cream pushcart in
violation of any standards set forth in sections 26.5 and 26-5.5.
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Section 5. Section 26-5.5 is added to Chapter 26 of the Santa Ana Municipal
Code to read in full as follows:
Sec. 26-5.5. Additional standards for ice cream pushcarts and ice cream
pushcart owners and operators.
(a) Notwithstanding section 26-5, all ice cream pushcarts must be
stainless steal, the maximum dimensions of which shall not exceed forty-
six (46) inches in length, thirty-one (31) inches in height and twenty-two
(22) inches in width. The City of Santa Ana logo shall be affixed to the
body of the ice cream pushcart. The owner shall provide evidence that
the ice cream pushcart was purchased after January 1, 2002, in new
condition and is not refurbished.
(b) Notwithstanding section 26-5, the only sign to be used in conjunction
with the ice cream pushcart shall be a sign affixed to the ice cream
pushcart depicting the types of products offered for sale. The sign shall
be approved by the director.
(c) Notwithstanding section 26-5, the operator of a pushcart, if such a
person is an employee, contractee, lessee of an owner, shall be required
to wear a uniform consisting of pants; a hat; and a vest and shirt, or polo
shirt. The company logo of the owner shall be affixed to the shirt, vest,
and hat. The director shall designate acceptable colors for the uniform.
(d) All owners who possess a valid owner's permit and vend ice cream as
of January 1, 2002, shall have two years commencing January 1, 2002,
to obtain an owner's ice cream permit and to comply with the provisions of
section 26-5.5.
Section 6. Section 26-12 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-12. Application for owner's permit; contents; required fee.
(a) Any person desiring to obtain an owner's permit shall first file an
application with 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 certificate of eligibility, nor the
payment of an application fee, nor the issuance of a certificate for
eligibility shall authorize the vending from, operation or management of a
pushcart.
(c) 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 memhandise which the pushcarts will vend.
(6) The maximum number of pushcarts owned, operated, leased,
controlled or contracted by the applicant 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 subsection 26-5(de) or 26-
5.5(c) of this article.
(8) The full and true names and residences of all persons
employed, contracted, leased or otherwise given control of the
applicant's pushcarts.
(9) The applicant, if an individual; or each of the directors, officers
or stockholders holding more than five (5) percent 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:
a. California driver's license or identification number of the
above-described natural persons;
b. Date of birth of the above-described natural persons;
c. The permit history of the above-described natural persons
for the three-year period immediately preceding the date of
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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;
d. 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:
a. 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;
b. The nature of the business or firm for the three-year
period immediately preceding the date of the application;
c. 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;
d. All criminal convictions suffered by the applicant, including
ordinance violations, stating the date, place, nature and
sentence of each such conviction.
(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.
(d) 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 contains the information and supporting
documentation required by subsection (c)of this section.
(e) 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.
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Section 7. Section 26-15 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-15. Certificate term and renewal.
The term of a certificate of eligibility for an owner's ice cream permit, unless
sooner suspended or revoked, shall be for a period of five (5) years, and for
all other owner's permits, for a period of one (1) year. Upon the expiration of
such term, the person may renew the certificate for additional c.-.c ~,'ccr 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. No
certificate of eligibility may be sold, leased, transferred, conveyed or granted to
any other person.
Section 8. Section 26-21 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-21. Request and eligibility for owner's permit.
(a) Upon receipt of a certificate of eligibility an applicant may make a
request to the director for an owner's 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. In addition, 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.
(b) Any owner who possesses a valid owner's permit and vends ice
cream as of January 1, 2002, and desires to obtain an owner's ice
cream permit, shall have two years commencing January 1, 2002, to
comply with provisions of section 26-5.5. Upon compliance within
the two year period, the chief of police shall issue a certificate of
eligibility for an owner's ice cream permit and the director shall
issue an owner's ice cream permit to the owner.
Section 9. Section 26-23 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-23. Limitation on the number of permits.
No owner's permit shall be issued which would cause the number of pushcarts
vending outside of the Civic Center and Downtown Districts to exceed one
hundred and seventy eight (178). No Civic Center District owner's permit shall be
issued pursuant to this article which would cause the number of pushcarts
Ordinance No. NS-2481
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vending in the Civic Center District to exceed nine (9). No Downtown District
owner's permit shall be issued pursuant to this article which would cause the
number of pushcarts vending in the Downtown District to exceed thirteen (13).
The number of owner's ice cream permits issued city wide shall not exceed
one-hundred twenty (120).
Section 10. Section 26-33 of the Santa Ana Municipal Code is hereby amended
such that it reads as follows (new language in bold, deleted language in strikeout):
Sec. 26-33. Issuance of permit.
The chief of police or his designated representative, 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 in the investigation of the
application;
(e) The applicant has not been convicted or pled 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.
(f) 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.
(g) The applicant has completed a minimum of two hours of class
room training in the area of sanitation, handling and preparation of
food, and hygiene. Such training may be provided by the City of
Santa Aha, or by the owner if approved by the chief of police.
Section 11. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance No. NS-2481
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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 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.
ADOPTED this .19t~
day of November, 200~ ~ ~
~r~yor
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
Chris. her ~. Norman
Assi~st~nt City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Councilmembers
Councilmembers:
Councilmembers:
Bist, Franklin, McGui~]an, Pulido, Solorio (5)
Alvarez, Christy (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2481 to be the original ordinance adopted by the City
Council of the City of Santa Aha on November 19, 2001, and that said ordinance was
published in accordance with the Charter of the City ofSanta Ana./
Date: I//z~//~/ ~'~'~'~~-- /
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2481
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