Ordinance Number 723382 .
ORDINANCE NO. 723
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING TITLE 4, CHAPTER 7 OF THE SAN
JUAN CAPISTRANO MUNICIPAL CODE RELATING TO VENDOR
PERMITS (URGENCY)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Findings
An urgency ordinance pursuant to Government Code Section 36937 (b) for the
immediate preservation of the public peace, health or safety, upon a four-fifths vote of
approval by the City Council, based upon the following findings of fact:
Unregulated vendors on city streets, sidewalks and rights of way pose an
immediate and urgent risk of harm to the citizens, guests and vendors in the
city:
By creating obstructions to the free flow of cars, pedestrians, and
other vehicles;
2. By causing pedestrians to walk around obstructions, into the
streets, and to congregate at intersections and in doorways as the
result of unregulated vendor activity;
3. By the increased potential for pedestrian and vehicle accidents;
4. By the potential for fraud, sale of stolen goods, contraband, or
unsafe merchandise to the public; and
5. By the solicitation of unplanned gatherings of large groups of
people without regard to traffic safety, sanitation, location or the
public peace.
SECTION 2:. Amendment:
Based on the findings set forth in Section 1, preceding, Chapter 7 of Title 4 of
the San Juan Capistrano Municipal Code is hereby amended to read as follows:
Title 4, Chapter 7
Sec. 4-7.01. Vendor permit requirement.
It shall be unlawful for any person to engage in the act of vending within the
City, within the public right-of-way or on any public street, alley or highway
without first obtaining from the City a vendor's permit.
Sec. 4-7.02. Permit process
Any person desiring to vend within the City shall submit, in addition to a
business license application, an application for a vendor's permit. A
nonrefundable processing fee to be set by City Council resolution shall be
submitted with the application.
The application shall be reviewed by the County Sheriff's Department for
verification of the licensing of any motor vehicles that may be listed in the
application to be used for vending purposes. The vendor's permit shall be
approved, conditionally approved or denied by the City Manager or his/her
designee based on whether the following criteria have been met:
(a) Payment of all applicable processing fees and license fees;
(b) Receipt and approvals by ,the City Attorney of appropriate certificates
of insurance;
(c) A finding that neither the owner nor any vendor has been found guilty of
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; the sale, distribution or display of harmful or
obscene matter; indecent exposure; selling or disposing of lottery tickets;
gambling, or bookmaking; alcoholic or drug-related traffic offenses;
(d) Accurate completion of the application.
The decision of the City Manager may be appealed pursuant to Section 1-4.01
of this Code.
Sec. 4-7.03. Processing procedures.
The City shall, upon receipt of a fully completed application for a vendor's
permit, request the County Sheriff's Department to review the vehicle license
information and conduct a criminal background check for each owner and/or
vendor listed in the application.
The appropriate fees shall be paid prior to the background checks being
conducted.
In addition to receiving a vendor's permit, vendor identification cards shall be
issued to each owner and vendor by the City.
Any person found to have misrepresented any information will not be
considered eligible for application for a background check/identification card
for a period of one year.
The vendor identification card shall include a photograph. The card will be
valid for a period of one year.
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The owner shall produce a certificate of insurance of at least Five Hundred
Thousand and no/100th ($500,000.00) Dollars combined single limit, certifying
as to adequate public liability insurance for the specific business, including all
individuals, property and vehicles to be used in the vending.
All insurance must include endorsements naming the City and Agency as
additionally insured.
Sec. 4-7.04. Vehicle maintenance and inspection.
It shall be unlawful for any owner or vendor to drive or cause to be driven any
operated vehicle as defined in Section 4-7.08(c) of this chapter which is in a
defective, unsafe or unsanitary condition. Every vending vehicle shall at all
times during its operation be subject to the inspection of any officer of the
City.
Sec. 4-7.05. Vendor regulations.
(a) All owners and vendors vending fruits, vegetables, ice cream or other
foodstuffs shall be in possession of a valid Orange County Health
Inspection sticker. If such foodstuffs are being vended from a vehicle
the above mentioned sticker shall be affixed to the lower right side of
the windshield of the vehicle or in a prominent position on any wagon or
pushcart. Each owner or vendor vending such foodstuffs on foot shall
carry the sticker on his/her person.
(b) Each owner and/or vendor who operates a motor vehicle or vends from a
vehicle shall have on his person a current, valid State driver's license
which he shall make available for inspection by law enforcement officials
upon request.
(c) Each owner or vendor shall wear or carry the vendor identification card
issued by the City in a visible position upon his or her person at all times
while vending. No person shall be allowed to ride in the vendor vehicle
or assist a vendor in any way with vending before obtaining a vendor
identification card from the City.
Sec. 4-7.06. Prohibited conduct.
(a) No person shall vend:
(1) Within five hundred (500') feet of any school property;
(2) When the prospective customer is located in that portion of the street,
alley, or highway which is open to vehicular traffic;
(3) When the prospective customer is parked in violation of any other
provision of this Code or the Vehicle Code of the State;
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(4) In any manner that impedes the flow of traffic;
(5) In any manner that impedes the flow of pedestrians on the sidewalk.
Vendors shall allow at least five (5) feet clear of pedestrian access way
exclusive of any customer transaction area;
(6) In any manner that violates the City's sign regulations pursuant to
Section 9-3.603 of this Code;
(7) In any manner that violates the City's regulations regarding right-of-way
structures pursuant to section 7-4.02 and 7-4.03 of this Code;
(b) No vendor shall vend from a vehicle which is stopped, parked or standing
on any public street, alley or highway:
(1) When the posted speed limit on the public street, alley, or highway is
thirty-five (35) miles per hour or greater;
(2) When the vehicle is parked in violation of any other provision of this
Code or the Vehicle Code of the State;
(3) When any part of the vehicle is open to prospective customers other than
the side of the vehicle next to the right side of the street, alley, or
highway;
(4) When the vehicle is not stopped, parked, or standing on the right side of
the street, alley, or highway;
(5) When the prospective customer is standing or sitting in another vehicle,
in any manner that impedes the flow of traffic.
(c) No vendor shall back a vehicle to make or attempt a sale.
(d) No owner or vendor shall activate any device causing music or any loud
noise to emanate therefrom for the purpose of attracting customers to
the vehicle in such a manner as to annoy, disturb, injure, or endanger the
comfort, health, peace, or safety of others within the City limits.
Sec. 4-7.07 Remedies for permit violation.
Any person found to be in violation of the vendor regulations of this chapter
shall be subject to the following:
(a) Revocation of the current vendor's permit, and all vendor identification
card(s);
(b) Request that the owner and vendor discontinue vending and vacate the
area;
(c) Should any owner or vendor fail to discontinue vending at the request of
any officer of the City, all property associated with the vendors
operation shall be impounded at the owner's and/or vendor's cost;
(d) All owners and vendors shall be subject to penalties pursuant to section
1-2.01 of this Code.
In the event that property has been seized, said property will be held until all
financial obligations have been met.
In the event of revocation, the permittee shall have the right of appeal to the
City Council pursuant to Section 1-4.03 of this Code. In the event of
revocation, the permittee shall not be eligible to obtain a new vendor's permit
for a minimum period of one year from the date of revocation.
Sec. 4-708. Definitions.
For the purposes of this chapter, unless otherwise apparent from the content,
certain words and phrases used in this chapter are defined as follows:
(a) "Driver" shall mean and include every person in actual charge and control
of any vehicle, bicycle, wagon, or pushcart from which goods, wares,
merchandise, fruits, vegetables, ice cream, or foodstuffs are sold,
displayed, solicited, offered for sale, bartered, or exchanged, or any
lunch wagon or eating car or vehicle.
(b) "Owner" shall mean and include every person owning or employing any
individual or any vehicle, bicycle, wagon or pushcart from which goods,
wares, merchandise, fruits, vegetables, ice cream, or foodstuffs are sold,
displayed, solicited, offered for sale, bartered, or exchanged, or any
lunch wagon or eating car or vehicle.
(c) "Vehicle" shall mean and include any vehicle, bicycle, wagon or pushcart
from which goods, wares, merchandise, fruits, vegetables, ice cream, or
foodstuffs are sold, displayed, solicited, offered for sale, bartered, or
exchanged, or any lunch wagon or eating car or vehicle.
(d) "Vendor" shall mean any person engaging in the sale or offering for sale
of any goods or merchandise to the public.
(e) "Vending" shall mean the sale or offering for sale of any goods or
merchandise to the public. However, vending conducted in connection
with, or as a part of, City approved short term special events, such as
Swallows Day, is exempted from the regulations of this chapter. All
vendors associated with City approved short term special events shall be
in possession of a special event business license issued by the City.
SECTION 3. Effective Date:
This Ordinance shall take effect immediately upon its passage.
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SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published once as required by law and posted at the duly designated posting
places within the City of San Juan Capistrano within fifteen (15) days after its passage.
PASSED, APPROVED, AND ADOPTED this 2nd day of February ,
1993.
NES, NIAYOR
ATTEST:
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CITY CLERK i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 7-)-� which was adopted by the City Council of the City of San Juan
Capistrano at a meeting held on Fahrl]arV 2 , 1993, by the following vote:
AYES: Council Members Nash, liausdorfer, Campbell, Vasquez and
Mayor Jones
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSO CIT CLERK