Ordinance Number 599ORDINANCE NO. 599
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING CHAPTER 7 ENTITLED "REGULATION OF
VENDORS" TO TITLE 4 ENTITLED "PUBLIC SAFETY" OF THE
MUNICIPAL CODE AND REPEALING MUNICIPAL CODE SECTION
4-6.320
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 7 entitled "Regulation of Vendors", is hereby added to Title 4 entitled
"Public Safety," to read as follows:
"REGULATION OF VENDORS
"Section 4-7.01. Vendor Permit Requirement.
"It shall be unlawful for any person to engage in the act of vending within the
City of San Juan Capistrano without first obtaining from the City a vendor's permit.
"Section 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 forwarded to the Orange County Sheriff's Department
for verification of the licensing of the motor vehicles 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 based on whether the following criteria have been met:
"(a) Payment of all applicable processing fees and license fees.
"(b) Receipt and approval by the City Attorney of appropriate certificates of
insurance.
"(c) A finding that neither the owner nor any vehicle operator 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.
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16 "The decision of the City Manager may be appealed pursuant to Municipal Code
Section 1-4.01.
"Section 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 of each owner and/or operator
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, identification cards shall be issued
to each owner and operator 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 identification card shall include a photograph. The card will be valid for a
period of one year.
"The owner shall produce a certificate of insurance of at least $500,000.00
combined single limit, certifying as to adequate public liability insurance for the vehicles
to be used in the vending.
"Section 4-7.04. Vehicle Maintenance and Inseection.
"It shall be unlawful for any owner to drive or cause to be driven any operated
vehicle as defined in Section 4-7.08(c) 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.
"Section 4-7.05. Vendor Regulations.
"(a) Each vehicle from which fruits, vegetables, ice cream, or foodstuffs are
sold shall have a valid County of Orange health inspection sticker affixed
to the lower right side of the windshield.
"(b) Each individual who drives, operates, or vends from a vehicle shall have
on his person a current, valid California Driver's License which he shall
make available for inspection by law enforcement officials upon request.
"(c) Each individual who drives, operates, or vends from a vehicle shall wear
or carry the 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 vehicle before obtaining an identification card
from the City.
"Section 4-7.06. Prohibited Conduct.
"(a) No person shall vend from a vehicle which is stopped, parked or standing
on any public street, alley or highway:
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"(1)
Within five hundred (500} -feet of any school property;
11(2)
When the posted speed limit on the public street, alley or highway
is thirty-five (35) miles per hour or greater;
11(3)
When the vehicle is parked in violation of any other provision of
this Code or the California Vehicle Code;
11(4)
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;
"(5)
When the vehicle is not stopped, parked or standing on the right
side of the street, alley or highway;
"(6)
When the prospective customer is standing or sitting in another
vehicle;
"(7)
When the prospective customer is located in that portion of the
street, alley or highway which is open to vehicular traffic.
"(b) No driver shall back a vehicle to make or attempt a sale.
"(c) No owner or driver 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 limits of the City.
"Section 4-7.07. Revocation of Permit.
"Any person found to be in violation of the vendor regulations of this Chapter
may have his/her vendor's permit revoked by the City Manager following the hearing
procedure set forth in Municipal Code Section 1-6.01 et seq. In the event of revocation,
the permittee shall have a right of appeal to the City Council pursuant to Municipal Code
Section 1-4.03. 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 date of notice of revocation.
"Section 4-7.08. Definitions.
"For 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, 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 controlling any
vehicle, 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.
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1 "(c) "Vehicle" shall mean and include any vehicle, 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; and
"(d) "Vending" shall mean the sale or offering for sale of any goods or
merchandise to the public from a vehicle." However, vending conducted
in connection with, or as a part of, short term special events, such as
Swallows Day, is exempted from the regulations of this chapter."
passage.
Section 2.Repealer.
Municipal Code Section 4-6.320 is hereby repealed in its entirety.
SECTION 3. Effective Date
This Ordinance shall take effect and be in force thirty (30) days after its
SECTION 4. CitClerk's Certification
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 21st day of July -,
1987.
ATTEST:
CITY CLE
_--Z
ANTHONY LAND,MAYOR
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
1, (NARY ANN HANOVER, 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. 599 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California, held on July 71987 , and adopted
at a meeting held on July 21 , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Buchheim, Hausdorfer,
and Mayor Bland
NOES: None
ABSENT: None
(SEAL)
'MARY AN ANOVER, CITY CLERK�-
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