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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. -1- 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: -2- "(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. -3, 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 -4- 19 - 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´┐Ż- -5-