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HomeMy WebLinkAbout95-05 CC OrdinanceORDINANCE NO. 95-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA PERTAINING TO OUTDOOR VENDORS AND ESTABLISHING REGULATIONS FOR OUTDOOR VENDING. WHEREAS, the City Council of the City of Temecula hereby finds that Outdoor Vending on private property promotes public interest by contributing to an active pedestrian environment, and WHEREAS, the City Council of the City of Temecula further finds that reasonable regulation of outdoor vending is necessary to protect the public health, safety, and welfare. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. The planning agency and City Council find, in approving projects, adopting land use regulations, and taking other actions, each of the following: 1. That the regulations of outdoor vending activities set forth herein are consistent with the General Plan because the proposed action is consistent with the General Plan Village Center Policies which call for pedestrian oriented uses. 2. The proposed use or action complies with all other applicable requirements of state law and local ordinances. Section 2. "Purpose. The purpose of this Chapter is to set forth the development standards for the siting of outdoor vendors within the City limits. The purpose of these standards is to ensure that the design and location of these vendors are consistent with the health, safety, and aesthetic objectives of the City. It is a desire of the City that the design of this community be of the highest quality, that new development be architecturally distinctive as well as homogeneous in design, and that accessory facilities be compatible with the overall theme of the community. Recognizing that outdoor vendors offer the citizens of the community an alternative service, the regulations of this Chapter are enacted to: 0rds\95-05 A. Promote public interest by contributing to an active pedestrian environment; B. Set forth the conditions and requirements under which outdoor vendors may be permitted to operate on private property. Section 3. Definitions. For purposes of this Chapter, the following words, terms, phrases, and their derivations, shall have the meanings given herein. Then, consistent with the context, words used in the present tense singular include the plural. A. 'Applicant' means any person who seeks to obtain a vending license pursuant to the procedures and requirements of this Chapter. B. 'Developed' means property that is fully improved. C. 'Outdoor Vending License' means a license obtained pursuant to the procedures and requirements of this Chapter which perinits a vendor to sell food or merchandise from a vending stand on private property subject to the limitations of this Chapter and any other applicable laws. D. 'Outdoor Vendor' means any person who sells food or merchandise from a vending stand. E. 'Private Property' means privately owned, developed, commercial property within the City limits. F. 'Pushcart' means any device designed to be moved by human power, including, but not limited to, wagons, or other wheeled containers or conveyances. G. 'Vending' means the sale of food or merchandise from a vending stand operating on private property within the City limits. H. 'Vending Stand' means a pushcart, wagon, or any other wheeled vehicle or device which may be moved without the assistance of a motor or which may be towed by motor vehicle to the outdoor vending location and is used for the displaying, storing, or transporting of articles offered for sale by an outdoor vendor. Section 4. License and Application A. l.icensing. It shall be unlawful to sell, or offer for sale, any food, beverage, or merchandise from a vending stand on any private property within the City limits without first obtaining an Outdoor Vending License. Existing businesses which legally operate outdoor displays of merchandise prior to the adoption of this Chapter, are not required to obtain an Outdoor Vending License for a period of one year from adoption of the Ordinance. 0rds\95-05 -2- B. Application. The application for an Outdoor Vending License shall be signed by the applicant and shall include the following: 1. The name, home, and business address of the applicant, and the name and address of the owner (if other than the applicant) of the vending stand to be used in the operation of the vending business. 2. A description of the type of food, beverage, or merchandise to be sold. 3. A description and photograph (including signage and colors) of any vending stand to be used in the operation of the business. 4. A site plan delineating the location of the vending stand. 5. A photograph or drawing of the vending stand to be used for review during the application approval process, showing materials, colors, and signage. 6. An application fee as established by Resolution of the City Council. 7. Written consent of the property owner to make the application. Section 5. Issuance. A. Not later than thirty (30) days after the filing of a completed application for an Outdoor Vending License, the Director of Planning shall approve, deny, or conditionally approve the application and notify the applicant of his or her decision. B. Licenses to vend outdoor within the City limits shall be reviewed and approved by the Director of Planning in conjunction with the Business License Registration Program, Building and Safety, and Public Works Departments. C. There shall be at least two-hundred square feet (200 sq. ft.) of useable area for each allowed vending stand. The vending stand shall be free of all obstructions within a six foot (6') perimeter. D. Locations for vending in the City shall be approved by the Planning Director. Vending locations shall be designated based on the ability of the site to safely accommodate the use by not interfering with pedestrian circulation and access or vehicle circulation or parking. The Planning Director may require that the vending stand be removed from the location and stored out of public view when not in use. E. Vending locations may change only upon written request by an applicant and/or Outdoor Vending Licensee and approval of the Director of Planning. 0rds\95-05 -3- Chapter. All vending locations shall be on private property as previously defined in this Section 6. Term and Renewal. A. All Outdoor Vending Licenses are valid for one year unless revoked or suspended prior to expiration. An application to renew an Outdoor Vending License shall be made not later than sixty (60) days before the expiration of the current Outdoor Vending License. License fees and renewal procedures shall be established in accordance with the Business License Registration Program procedures outlined in this Code. Section 7. Prohibited Conduct and Hours of Operation. conditions: It shall be prohibited for any vendor to operate under any of the following 1. Operate between 10:00 p.m. and 6:00 a.m. of the following day unless in conjunction with a special event as set forth in Riverside County Ordinance No. 348, Section 19.51 as adopted by the City. 2. Leave any vending stand unattended. 3. Store, park, or leave any vending stand within any public right-of-way or on any undeveloped or otherwise vacant property. 4. Sell food or beverages without appropriate Health Department permits for immediate consumption or otherwise unless there is a litter receptacle available nearby for public use. Alcohol sales shall not be permitted unless in conjunction with a special event. 5. Leave any location without first picking up, removing, and disposing of all trash or refuse remaining from sales made from the vending stand. 6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, or under the vending stand. 7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or other device to increase the selling or display capacity of the vending stand where such additional items have not been approved by the Director of Planning. 8. Solicit or conduct business with persons in motor vehicles. permits. Sell anything other than that which the Outdoor Vending License 0rds\95-05 -4- 10. Sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public. Have any flashing, rotating, or other similar lights or lighting to attract the attention of the public or in violation of the California Vehicle Code Section 21466.5. Section 8. Safety Requirements. A. All vending stands in or from which food is prepared or sold shall comply with the following requirements: 1. All equipment installed in any part of the vending stand shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn. 2. All utensils shall be stored in order to prevent their being hurled about in the event of a sudden stop, collision, or overturn. A safety knife holder shall be provided to avoid loose storage of knives. 3. Compressors, auxiliary engines, generators, batteries, battery chargers, gas fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible. B. No vending stand shall exceed four feet (4') in width, six feet (6') in length, and eight feet (8') in height, inclusive of signage, umbrellas, etc. Section 9. Display of Outdoor Vending License. A. All Outdoor Vending Licenses shall be displayed in a visible and conspicuous location at all times during the operation of the vending business. Section 10. Advertising. A. No advertising, except the posting of prices, shall be permitted on any vending stand, except to identify the name of the product or the name of the vendor. Section 11. Denial, Suspension, and Revocation. A. Any Outdoor Vending License may be denied, suspended, or revoked in accordance with the procedures contained in this Code for any of the following causes: Vending License. Fraud or misrepresentation contained in the application for the Outdoor 0rds\95-05 -5 - 2. Conduct of the licensed business in such a manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare, or morals. 3. Conduct which is contrary to the provisions of this Chapter. B. Any person wishing to appeal any denial, suspension, or revocation of an Outdoor Vending License may do so, pursuant to the authority and procedures of Chapter 2.36 of this Code. Section 12. Penalty for Violation A. Any violation of any of the requirements of this Chapter shall be an infraction and any violator may be punished pursuant to Section 1.20 et seq. of this Code." Section 13. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 14. The City Clerk shall cause this Ordinance to be appropriately codified in the Municipal Code. Section 15. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the COUNCIL MEMBERS voting for and against the Ordinance, and post the same in the office of the City Clerk. 0rds\95-05 -6- PASSED, APPROVED AND ADOPTED, this 14th day of March, 1995. ATTEST: Jun S.6~Meek, CMC, City [SEAL] E.)Stone, Mayor STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF TEMECULA) SS I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-05 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of February, 1995. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of March, 1995, by the following vote, to wit: AYES: 4 COUNCIL MEMBERS: Lindemans, Mufioz, Parks, Stone NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Roberts une S. Greek,'L'~C~City Clerk Ords\95-05 -7-