Ordinance Number 75314S
ORDINANCE NO. 753
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AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA AMENDING CHAPTER 7 OF TITLE 4, VENDOR
REGULATIONS, OF THE MUNICIPAL CODE RELATING TO
STANDARDS AND REGULATIONS ON THE CONDUCT OF VENDING
IN THE CITY OF SAN JUAN CAPISTRANO.
WHEREAS, the conduct of vending activities from vehicles in the city presents
significant dangers to the public health, safety and welfare of children and residents of the City of San
Juan Capistrano; and
WHEREAS, the conduct of vending in residential neighborhoods presents significant
impacts associated with noise, odors, trash, and traffic on the peaceful use And enjoyment of private
property; and
WHEREAS, there are many streets, alleys, and driveways that are Narrow,
constrained, and otherwise restricted such that vending vehicles present a significant threat to the
safety of residents; and
WHEREAS, the unrestricted congregation of vending vehicles contribute to the
intrusion onto adjacent properties; and
WHEREAS, the unique character of San Juan Capistrano and the preservation of
property rights is in the interest and benefit of residents,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment.
Title 4 'Regulation of Vendors", Chapter 7 of the Municipal Code is hereby amended
in its entirety to read as follows:
TITLE 4
CHAPTER 7
REGULATION OF VENDORS
Sec. 4-7.01. Purpose and intent.
The City Council expressly finds that vehicles in which products are carried for the purposes
of retail sale on public or private streets or alleys pose special dangers to the public health, safety and
welfare of children and residents in the City of San Juan Capistrano. It is the purpose and intent of
the City Council, in enacting this article, to provide responsible companies and individuals who
engage in the operation of vending vehicles with clear and concise regulations to prevent safety,
traffic, and health hazards, as well as to preserve the peace, safety, and welfare of the community.
Due to the impacts that unrestricted vending can have on the peaceful use and enjoyment of
residences and the need to preserve the residential character of neighborhoods and the impacts on
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Code Enforcement staff in the enforcement of vending regulations, the number, location, and other
operational standards for vendors are provided.
Sec. 4-7.02. 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) Operator shall mean any person who drives, operates or vends from a vehicle and shall
include the driver and assistant on each vending vehicle.
(c) Operator's permit shall mean the permit issued to any person who drives or operates a
vending vehicle, vends, sells, or assists in selling products from a vehicle.
(d) Person means any natural person, firm, partnership, association, corporation, stockholder
and includes, but is not limited to owners, operators, drivers, lessors and lessees of vending vehicles.
(e) 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.
(f) Vending means offering products of any kind for sale from a motor vehicle or pushcart
on a street, alley, highway or public place within the City of San Juan Capistrano and includes the
movement or standing of a vehicle for the purpose of searching for, obtaining or soliciting retail sales
of products. Vending conducted in connection with, or as part of , City approved short term special
events, such as Swallows Days, 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 events
business license issued by the City.
(g) Vending Vehicle means any vehicle, as the term is defined in the California Vehicle Code,
including a pushcart, which is equipped or primarily used for retail sales on any public or private
street, alley, or highway within the City of San Juan Capistrano.
(h) Vendor's permit shall mean a permit issued by the City of San Juan Capistrano authorizing
the holder thereof to engage in the business of vending by an individual, firm, corporation,
partnership, or association.
Sec. 4-7.03. 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. (ss 1, Ord. 599, as amended by ss 2, Ord. 723)
Sec. 4-7.04. Permit term and renewal.
The term of vendor and 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 for
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additional one-year terms by submitting a new application in conformance with Section 4-7.05,
together with such permit renewal fees as may be established by resolution by the City Council.
Sec. 4-7.05. 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 non-refundable processing fee to be set by City
Council resolution shall be submitted with the application.
The application shall be reviewed by the County Sheriffs Department for verification of the
licensing of the 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 and
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 approval 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;
(e) In addition to the fees required by other sections of the Municipal Code, an annual fee
to cover the additional Code Enforcement involvement with vendors shall be paid by all holders of
a Vendor Permit. The amount of the Code Enforcement fee for vendors shall be as established by
resolution of the City Council and may be amended from time to time;
(f) Vending activities associated with an approved and permitted Special Activities Permit
shall be exempt from the provisions of this Chapter;
The decision of the City Manager may be appealed pursuant to Section 1-4.01 of this Code.
(ss 1, Ord. 599, as amended by ss 2, Ord. 723)
Sec. 4-7.06. Processing procedures.
The City shall, upon receipt of a fidly completed application for a vendor's permit, request the
County Sheriffs Department to review the vehicle license information and conduct a criminal
background check for each owner and/or vendor listed in the application. No permit shall be issued
to any owner or vendor found guilty of any misdemeanor, felony or crime as stated in Sec. 4-7.05(c).
Department of Justice background checks will be conducted annually.
All fees shall be paid prior to the background checks being conducted. Permits shall be
renewed and fees paid annually. The fees shall include;
(a) Department of Justice Processing Fee;
(b) Administrative Services Application Processing Fee;
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(c) Code Enforcement Fee.
In addition to receiving a vendor's permit, identification cards shall be issued to each owner
and vendor by the City. The vendor identification card shall include a photograph and will be valid
for a period of one year.
The owner shall produce a certificate of insurance of at least Five Hundred Thousand and
no/100ths ($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 be current and include endorsements naming the City and Agency as
additionally insured. (ss 1, Ord. 599, as amended by ss 2, Ord. 723)
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.
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. (ss 1, Ord. 599, as amended by ss 2, Ord. 723)
Sec. 4-7.07. Vendor regulations.
Due to the impacts that vending can have on residential neighborhoods and the desire to
preserve the residential character of neighborhoods, the following operating standards are
established:
(a) All owners and vendors vending &nits, 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 individual 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 vehicle or assist a vendor in any way with vending before obtaining a vendor identification
card from the City. (ss 1, Ord. 599, as amended by ss 2, Ord. 723)
(d) Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper,
cups, wrappers, litter, or other refuse of any kind which were a part of the goods or merchandise
supplied from the vehicle and which have been left or abandoned within fifty (50) feet of such vehicle
on any public or private property other than in a trash receptacle provided for such purposes.
(e) No vending shall be permitted by any operator or conducted by any vendor except
between the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday, within any Residential
District.
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(f) No vending vehicle shall park or stand at any location for a period exceeding thirty
(30) minutes at any one time. At the end of the thirty minute time limit, the vending vehicle shall
move a minimum of one hundred (100) feet to another location that conforms to the provisions of
the ordinance.
Sec. 4-7.08. Prohibited conduct.
(a) No person shall vend:
(1) Within five hundred (500) feet of any school property;
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(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;
(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;
(8) A maximum of three (3) vendor vehicles shall park or stand together at a single
location. The minimum distance between groups of vending vehicles shall be one hundred (100) feet;
(9) Vending vehicles shall not be parked or stand within thirty (30) feet in Very
Low, Low, Medium Low, and Medium density and forty (40) feet in Medium High and High density
land use categories from the right-of-way line to the dwelling portion of any residence. For the
purposes of this section, the dwelling portion shall mean the habitable portion of a dwelling unit not
including any garage, carport, or similar structure; Very Low, Low, Medium Low, Medium, Medium
High, and High density shall be as defined and shown on the official General Plan Map of the City of
San Juan Capistrano.
(10) Vending vehicles shall not engage in food preparation that involves cooking
such as steaming, broiling, roasting, or other similar processes within any residentially zoned districts.
Nothing in this section shall prohibit heating or maintaining foods warm in microwave ovens or other
devices intended for warming prepared foods or food products;
(11) When the certificate of liability insurance coverage for said business,
individuals, property, and/or vehicles has expired or has been cancelled.
(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
(3 5) miles per hour or greater;
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(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;
(6) When the minimum half width of the street is less than eighteen (18) feet
measured from the centerline to curb face or the edge of pavement when there are no curbs within
the street.
(c) No vendor shall back a vehicle to make or attempt a sale.
(d) 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. (ss 1, Ord. 599, as
amended by ss 2, Ord. 723)
Sec. 4-7.09. Penalties.
Anyone found to be in violation of any provisions of this ordinance shall be subject to the
following penalties:
(a) Anyone found to be vending without a valid vendors permit shall be subject to citation
and confiscation and/or impounding of the vehicle or pushcart and all products offered for sale.
(b) Vendors with a valid vending permit who are found to be in violation of this ordinance
may be subject to the following disciplinary actions:
(1) On the first occurrence of a violation of this ordinance, a Notice of Violation
will be issued.
(2) On the second occurrence of a violation of this ordinance within a six (6)
month period, the vending permit shall be suspended for a period of thirty (30) days.
(3) On the third occurrence of a violation of this ordinance within a twelve (12)
month period, the vendor's permit shall be revoked and may not be renewed or reissued for a period
of twelve (12) months.
(c) Any vendor found to be offering to sell or distribute any unlawful, dangerous, or
controlled substance or product shall be subject to immediate revocation of the vendor's permit and
will be prohibited from obtaining a vendor's permit.
(d) All violations of this ordinance shall also be subject to the penalties pursuant to
Section 1-2.01 of this code.
(e) Habitual or chronic violations of this ordinance shall be grounds for the denial of the
renewal of a Vendor Permit.
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In the event that property has been seized, said property will be held until all financial
obligations have been met. No vending permit shall be reinstated until such time that all fees,
penalties and 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. (ss
1, Ord. 599, as amended by ss 2, Ord. 723)
Sec. 4-7.10 Special vending activities.
Notwithstanding the provisions of this ordinance, the conduct of vending activities, in other
than residential districts, may be allowed by the City Council on public property that is not located
within the travel way of any highway, street, road, alley, or driveway. The conduct of such vending
activity shall be in strict compliance with any conditions imposed on the use by the City Council. For
the purposes of this section, public property shall mean any property owned or controlled by any
public agency, utility, school district, transportation agency, or other similar entity. Applications for
a Special Vending permit shall be submitted and processed by the Department of Planning. (ss 1,
Ord. 599, as amended by ss 2, Ord. 723)
SECTION 2. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 3. Civ Clerk'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 as 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 18th day of
October 1994.
i
OLLEN" AMP LL, MAYOR
ATTEST:
CITY CLEAk
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, 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.
753 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on October 4, 1994, and adopted at a meeting held on October 18, 1994,
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by the following vote:
AYES: Council Members Jones, Vasquez and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Members Hausdorfer and Nash
(SEAL) �}'
( �-�_
CHERYL JO ON, ITY CLERK
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