HomeMy WebLinkAboutOrdinance #3345 ORDINANCE NO. 3345
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
CHAPTER 5.50 PERTAINING TO MOBILE VENDING
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Sections 10,40,130 and 10.40.140 of the Huntington Beach Municipal
Code are hereby deleted in their entirety.
SECTION 2: That the Huntington Beach Municipal Code is hereby amended by adding
Chapter 5.50, which reads as follows:
Chapter 5.50
MOBILE VENDING
Sections:
5,50.010 Purpose and Findings
5.50.020 Definitions
5.50.030 Permit Required
5.50.040 Vendor's Permit Required
5,50.050 Operator's Permit Required
5.50.060 Issuance of Permit
5.50.070 Denial of Permit
5.50.080 Revocation of Permit
5.50.090 Appeals
5.50.100 Enforcement
5.50.110 Temporary Special Events Permit
5.50.120 Trash Receptacles and Removal
5.50.130 Hours of Operation
5.50.140 Insurance Provisions
5.50.150 Required Stickers, Signs and Lettering
5.50.160 Noise Level
5,50.170 Prohibited Conduct
5.50.180 Applicability of Regulations to Existing Businesses
5.50.190 Conducting as a Nuisance
5.50.200 Penalty for Violation
5.50.210 Exemptions
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5.50.010 Purpose and Findings. The City Council of the City of Huntington Beach
finds that Mobile Vending Vehicles pose traffic hazards, public health hazards and impact the
safety of residents within the City of Huntington Beach. The intent of the ordinance is to provide
clear and concise regulations to insure public safety and prevent traffic and health hazards. This
ordinance is also intended to preserve the peace, and welfare of the residents of Huntington
Beach.
5.50.020 Definitions: For the purposes of this Chapter:
(a) Chief of Police - shall mean the Police Chief or his or her designee.
(b) City Administrator - shall mean the City Administrator or his or her designee.
(c) City Attorney - shall mean the City Attorney or his or her designee.
(d) City Treasurer- shall mean the City Treasurer or his or her designee.
(e) Director of Community Development- shall mean the Director of Community
Development or his or her designee.
(f) Goods or Merchandise - includes items and products of every kind and description,
including all foods,produce, and beverage items.
(g) Human Powered Device - shall mean any device moved by human power including but
not necessarily limited to any pushcart, wagon,bicycle, tricycle, grocery cart, or other
wheeled container or conveyance.
(h) Mobile Vending Vehicle - shall mean any vehicle, as that term is defined in the California
Vehicle Code,which is equipped or primarily used for retail sales of fruits, vegetables or
produce, and/or prepared,pre-packaged, or unprepared, unpackaged food of any kind on
any public street, alley or highway or private street or alley within the City of Huntington
Beach. The inventory of these vehicles is not necessarily limited to edible items and may
include non-food sundries. A human powered device is not a mobile vending vehicle.
(i) Mobile Vendor - shall mean any person, as defined in this article,who:
(1) Owns, controls,manages and/or leases a vending vehicle; and/or
(2) Contracts with a person(s)to drive, operate, prepare foods and/or vend from a
food vending vehicle.
(j) Operator- as used in this chapter shall mean any and all person(s)who drive, operate,
prepare foods and/or vend from a food vending vehicle.
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(1) Public property- shall mean any real property, or interest therein, owned, leased,
operated, or otherwise controlled by the City of Huntington Beach other than a street,
alley, parkway or sidewalk.
(m) Restocking- shall mean any transfer of goods or merchandise to a mobile vending vehicle
from any other person or vehicle and includes, but is not limited to loading and delivery.
(n) Risk Manager- shall mean the City's Risk Manager or his or her designee.
(o) Vehicle - shall mean as defined in the Vehicle Code of the State of California and shall not
include any human powered. device.
(p) Vend or Vending- as used in this chapter means soliciting, displaying, or offering
produce, faits, vegetables, prepared food, pre-packaged food or non-food sundries of any
kind for sale or barter or exchange from a vehicle on a public or private street, alley,
highway or public place within the City of Huntington Beach and includes the movement
or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting
retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food
sundries, including but not limited to goods, wares, or merchandise.
(q) Vendor- shall mean any person who engages in the act of vending from a vehicle or who
drives or otherwise operates any such vehicle for the purpose of vending therefrom.
5.50.030 Permit Required. No person shall own, control, manage, lease or contract with
other persons for the operation of a vending vehicle in the City of Huntington Beach without the
appropriate valid permit issued pursuant to the provisions of this article in addition to any other
license or permit required by the City of Huntington Beach.
5.50.040 Vendor's Permit Required- Any person desiring to obtain a vendor's permit to
engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle,
pursuant to this section shall make application to the City Treasurer, or his or her designee. Such
application shall be accompanied by a nonrefundable application fee in such amount as established
by resolution of the City Council. Any such permit shall be required to be renewed annually and a
separate nonrefundable application fee paid yearly for such renewal application. Each applicant
for a vendor's permit, or an operator or applicant for an operator's permit on behalf of such
proposed vendor, shall furnish the following information and documentation as part of or in
conjunction with such application:
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(a) The present or proposed address from which the business is to be conducted, including the
location of, restocking and overnight parking of the mobile vending ordinance;
(b) The full and true name under which the business will be conducted;
(c) The full and true name and any other names used by the applicant;
(d) The present residence address and telephone number of the applicant;
(e) California Driver's License number of the applicant;
(f) Acceptable written proof that the applicant is at least eighteen years of age;
(g) The applicant's height, weight, color of eyes and hair, and date of birth;
(h) The business, occupation or employment history of the applicant for the three-year period
immediately preceding the date of the application;
(i) The permit history of the applicant, for the three(3)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;
(j) Written proof satisfactory to the City Attorney or Risk Manager that the applicant is
insured under the policy of insurance required for such business pursuant to section
5.50.090 of this Chapter;
(k) Such other identification and/or information as the City Treasurer or Chief of Police or
their designated representatives may require in order to discover the truth of the matters
required to be set forth in the application;
(1) When any change occurs regarding the written information required in this Chapter, prior
to issuance of a permit, the applicant shall give written notification of such change to the
City Treasurer within two weeks after such change;
(m) If the applicant is an individual who intends to own, operate and drive his or her own
vehicle, it is not necessary to pay a fee for the vendor's permit application separate from
the fee paid for the operator's permit application.
5.50.050 Operator's permit required - Application for Operator's Permit; Contracts;
Required Fee. Any person desiring to obtain an operator's permit to conduct or otherwise
operate the business of vending goods or merchandise from a vehicle pursuant to this section shall
make application to the City Treasurer or his/her designated representative. Such application
shall be accompanied by a nonrefundable application fee in such amount as established by
resolution of the City Council. Any such permit shall be required to be renewed annually and a
separate nonrefundable application fee paid yearly for such renewal application. Each applicant
for an operator's permit shall furnish the following information and documentation as part of or in
conjunction with such application:
(a) The present or proposed address from which the business is to be conducted;
(b) The full and true name under which the business will be conducted;
(c) The full and true name and any other names used by the applicant;
(d) The present residence and business addresses and telephone numbers of the applicant;
(e) A description of the goods or merchandise which the business will vend;
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(f) The number of vehicles to be owned, operated, or controlled by the applicant and the
makes, body styles, years, serial and engine numbers, state license plate numbers, and
names and addresses of the registered and/or legal owners of each vehicle;
(g) A description of the logo, color scheme, insignia, and any other distinguishing
characteristics of the applicant's vehicles.
.5.50.060 Issuance of Permit-The City Treasurer shall grant the vendor's permit or
operator's permit within ten days after receiving the completed application only if he or she 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 section;
(c) The applicant has not made a material misrepresentation of fact in the application;
(d) The applicant has not had a similar permit denied or revoked by the City of Huntington
Beach within a period of one year prior to the date of such application;
(e) The applicant does not have any outstanding debt owing to the City of Huntington Beach.
5.50,070 Denial of Permit-If the City Treasurer does not find that all of the requirements
set forth in section 5.50.060 as applicable have been met,he or she shall deny the application for
the vendor's or operator's permit. In the event the application for the permit is denied by the
City Treasurer, written notice of such denial shall be given to the applicant specifying the ground
or grounds of such denial. Notice of denial of the application for the permit shall be deemed to
have been served upon the date it is personally served on the applicant or when deposited in the
United States mail with postage prepaid and addressed to the applicant at his or her residence
address as set forth in the application for the permit.
Any applicant whose application for a vendor's or operator's permit has been denied by the City
Treasurer may appeal such denial to the City Administrator by filing a written notice of appeal
with the City Treasurer within ten days following the date of service of the decision and payment
of the appeal fee prescribed by resolution of the City Council. The date of filing of said notice of
appeal shall be the date said notice and appeal fee are received by the City Treasurer.
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for
a period of one year following such final denial.
5.50.080 Revocation of Permit. -Any vendor's or operator's permit may be revoked by the -
City Treasurer for good cause shown including but not necessarily limited to any of the
following reasons:
a. Falsification of any information supplied by the permittee upon which issuance of the
permit was based;
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b. Failure of the permittee, or any employees or subcontractors of the permittee,to comply
with the regulations set forth in this section;
C. Conviction of a violation, or plea of guilty or nolo contendere, by the permittee, or any
employee, subcontractor or independent contractor of the permittee, of any state law or
municipal ordinance while in the course of conducting vending operations from a vehicle
pursuant to the permit;
d. Conviction of a violation, or a plea of guilty or nolo contendere,by the permittee of any
applicable provision or requirement of this section;
e. No such revocation shall become effective until expiration of the appeal period.
Notification of the permit holder shall be made either by personal delivery or by certified
or registered mail, return receipt requested, addressed to the permit holder at such permit
holder's residence address as set forth on the application for a permit. Service shall be
deemed made on the permit holder on the date personally delivered or on the date of
mailing. A permit holder may appeal such revocation to the City Administrator by filing
a written notice of appeal with the City Treasurer within ten days following the date of
service of such decision and payment of the appeal fee as prescribed by resolution of the
City Council. The date of filing of said notice of appeal shall be the date said notice and
appeal fee are received by the City Treasurer. If a timely appeal is filed, the revocation
shall be stayed pending the decision of the City Administrator. Otherwise the suspension
or revocation shall become effective immediately upon expiration of said appeal period.
f. No person or entity whose permit is revoked shall be eligible to apply for a new permit
for a period of one year following such revocation.
5.50.090 Appeals - Upon receipt of a timely appeal by the City Administrator or his
designated representative, shall hear such appeal within twenty days following the date of such
appeal and shall give the appellant not less than five days' advance notice of the date of such
hearing. The decision of the City Administrator shall be based upon the same criteria as set forth
in this section which are applicable to the issuance or revocation of such permit. The appellant
shall be notified of the decision of the City Administrator by mailed,written notice. The decision
of the City Administrator shall be final. No revocation of a permit pursuant to this section shall
be deemed effective during the pendency of a timely filed appeal until the date of mailing of the
City Administrator's decision;provided, however, no permit holder shall operate during any
period of time in which the insurance coverage required by this section is not in full force and
effect.
5.5D.100 Enforcement, The Director of Community Development and the Chief of Police have the authority to enforce the provisions of this ordinance.
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5.50.110 Temporary Special Events Permit. Peddlers and vendors wishing to conduct
business at any special event shall apply to the City for a Temporary Vending License.
Application for such a license must be made at least thirty(30) days prior to the beginning of the
event. Applicants must meet the same application requirements as other peddlers and vendors.
The license is valid only for the duration of the special event. Peddlers and vendors granted a
temporary license are subject to the same operating regulations as other vendors, except where
otherwise specified.
5.50.120 Trash Receptacles and Removal
(a) All Mobile Vending vehicles shall be equipped with refuse receptacles large enough to
contain all refuse generated by the operation of such vehicle;
(b) The operator of the mobile vending vehicle shall pick up all refuse generated by such
operation within a 50 foot radius of the vehicle before such vehicle is moved, all refuse
shall be disposed of at an approved solid waste facility.
5.50.130 Hours of Operation
(a) No vehicle or stand used for vending shall remain on public property during non-operating
hours. Overnight parking of a Mobile vending vehicle on a public street or alley is
prohibited.
(b) No vending shall be permitted by any operator or conducted by a vendor except between
the hours of 7:00 a.m. and 8:00 p.m.
5.50.140 Insurance Provisions. All operations shall have liability insurance covering the
vehicle in accordance with the State of California.
5.50.150 Required Stickers Signs and Lettering.
(a) There shall be displayed in a conspicuous place on both the right and left side of the
Mobile Vending vehicle lettering permanently affixed showing the name of the company or
operator of the Mobile Vending vehicle and the business address and telephone number
thereof. The lettering for the name of the company or the operator of the Mobile Vending
vehicle shall not be less than four inches in height, shall be in contrast to the color of the
background upon which they are placed, and shall have strokes at least 3/8 of an inch
wide. The lettering for the vendors(as listed on the permit) business address and
telephone number shall not be less than one inch high.
(b) No other lettering, numbering, price lists, signs or insignia shall be displayed on the right
and left side of the Mobile Vending vehicle so as to interfere with the visibility of the -
lettering required in subsection(a).
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(c) Each Mobile Vending vehicle shall also possess and display a valid Orange County
Health inspection sticker affixed to the lower portion of the driver's windshield if the
operator is causing the sale of or offering for sale any produce or other food item for
which a food handling permit or other health permit is required.
5.50,160 Noise Level.
(a) Any use of amplified sound making devices, including vehicle horns, to advertise, draw
attention to, or announce the presence of any such vehicle shall comply with the
limitations and provisions set forth in the Huntington Beach Municipal Code. No
amplified sound making devices shall be used for such purposes upon any public street
immediately contiguous to any property zoned for residential use within the City.
(b) Non-amplified sound making devices shall not be made while the vehicle is stopped,
parked, or otherwise in a stationary position, on any public street in an area zoned for
residential use within the City; and such sounds shall not be audible to a person with
normal hearing for a distance of more than two hundred (200) feet in an area zoned for
residential use within the City.
5.50.170 Prohibited Conduct.
(a) No person shall vend from a Mobile Vending vehicle which is stopped, parked or
standing on any public street, alley or highway in any of the following situations:
l. Within 500 feet of any active public school property, park,playground or
recreational facility;
2. Within 300 feet of any other Mobile Vending vehicle which is engaged in the
operation of vending;
3. Within 100 feet of an intersection(including public alleys);
4. When the posted speed limit on the public street, alley or highway is greater than
35 miles per hour;
5. When the Mobile Vending vehicle is parked in violation of any other provision of
this Code or the California Vehicle Code;
6. When the Mobile Vending vehicle is not duly registered and licensed by the State
of California with an unladen weight of less than six thousand(6,000)pounds. -
7. When any part of the Mobile Vending vehicle is open to prospective customers
other than on the side of the vehicle next to the right side of the street or highway;
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8. When the Mobile Vending vehicle is not stopped, parked or standing on the right
side of the street or highway;
9. When the prospective customer is standing or sitting in another vehicle; or,
10. When the prospective customer is located in that portion of the street, alley or
highway which is open to vehicular traffic;
11. When the Mobile Vending vehicle is within any parkway, alley, sidewalk or within
a no parking area as defined by Huntington Beach Municipal Code Section
10.40.050, or other public property.
(b) Re-stocking of a Mobile Vending vehicle is prohibited on a public street or alley.
(c) No Mobile Vending vehicle shall attach to or receive any utilities from private or public
property.
(d) Mobile vendors shall not conduct the business of vending in any location for a period in
excess of thirty minutes, and said vehicle must be moved a distance of not less than one
hundred (100) feet between each successive location at which vending occurs.
(e) No additional lighting other than that required by the California Vehicle Code may be
installed or operated on a Mobile Vending vehicle.
(f) All Mobile Vending vehicles are prohibited from operating on private property except
mobile vending vehicles shall be permitted to provide meals/snacks for employees at the
private property for a period of thirty(30) minutes or less (such as construction sites).
(g) All vending from any human powered device is prohibited.
5.50.180 Applicability of regulations to existing businesses. The provisions of this article
shall be applicable to all persons and businesses described herein whether the herein described
activities were established before or after the effective date of the ordinance enacting this article
into law. All such persons and businesses shall have 30 days from said effective date to file a
completed application for a vendor's or operator's permit with the City of Huntington Beach.
5.50.190 Conducting as a nuisance. Any Mobile Vending vehicle operated contrary to
the provisions of this article shall be hereby declared to be unlawful and a public nuisance and the
City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence
an action or actions, proceeding or proceedings, for the abatement, removal or enjoyment thereof,
in the manner provided in Chapter 17 of the Huntington Beach Municipal Code, and may take
such other steps and may apply to such court or courts as may have jurisdiction to grant such
relief as will abate or remove such establishment and restrain and enjoin any person from
operating a Mobile Vending vehicle contrary to the provisions of this article.
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5.50.200 Penalty for Violation. Every violation of the provisions of this article shall be
deemed to be a misdemeanor punishable by imprisonment not exceeding four (4) months or by
fine not exceeding $500, or by both fine and imprisonment. Each day any violation of any said
provision of this article shall constitute a separate offense.
5.50.210 Exemptions - The requirements of this section shall not apply to:
(a) Any person delivering any goods or merchandise by vehicle where such goods or
merchandise has been ordered in advance for such delivery from any business located at a
permanent location and which goods or merchandise is being delivered from such
location to the customer by vehicle, regardless of the point of sale thereof.
(b) Any person engaged in the vending of goods or merchandise on public property where
such persons has been authorized by the City of Huntington Beach to engage in such
activity by a permit, lease,real property license, agreement, or other entitlements issued
by the City for such purpose.
SECTION 3. This ordinance shall take effect 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the tb day of ja n 1,a ry , 1997.
ATTEST:
Lam'
City Clerk Mayor
REVIE D AND APPROVED APPROVED AS TO FORM:
LI
City Administrator 4C7�
INITIATED AND APPROVED:
Director of Communi Development
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Ord. No. 3345
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-of'icio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven;that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 18th of November, 1996, and was again read to
said City Council at a re utar meeting thereof held on the 6th January, 1997, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-offtcio Clerk ofthe City Council,
do hereby certify that a synopsis of this ordinance has been
published in the independent on
119 9-7
In accordance with the City Charter of said City City Clerk and ex-offtcio Clerk
Connie Brockway City Clerk of the City Council of the City
eputy City Clerk of Huntington Beach, California
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