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Home My WebLink AboutS3- Council Office CITY OF SAN BERN#%RDINO — REQUEST F.sR COUNCIL ACTION From: Councilman Ralph Hernandez Subject: Transient Sellers Dept: Council Office Date: October 14 , 1993 Synopsis of Previous Council action: Recommended motion: To discuss Transient Sellers and refer to Legislative Review Committee. ignature Contact person:_ Councilman Ralph Hernandez Phone: Supporting data attached: no Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CITY CLERK' S OFFICE DATE: October 20, 1993 TO: Honorable Mayor and Members of the City Council FROM: Rachel Clark, City Clerk SUBJECT: Item S-3 on Council Agenda of 10/21/93 (Re: Transient Sellers) COPIES: Shauna Clark, City Administrator; Lee Gagnon, Business Registration Supervisor; James Penman, City Attorney; Frank Rhemrev, Deputy City Attorney --------------------------------------------------------------- Item S-3 on the Council agenda for October 211 1993 is an item requested by Councilmember Hernandez to have a discussion relative to transient sellers. It is my understanding that this matter is being brought forward as a result of a citation which was issued on May 13 , 1993 to a transient merchant who was selling corn from the back of his van. Municipal Code Section 5. 04 . 495 prohibits transient merchants. The matter is scheduled to be heard in Municipal Court on Monday, November 29, 1993 . Deputy City Attorney Frank Rhemrev is representing the City in this case. Since the matter is in litigation, I recommend that any discussion concerning transient sellers be postponed until after the case is adjudicated. Therefore, if the Mayor and Council wishes to discuss the matter at a later date, then this agenda item should be continued to either the first or second meeting in December. (- u.0 � Rachel Clark City Clerk RC:mav 4 CITY OF SAN BERNARDINO Office of the City Clerk INTEROFFICE MEMORANDUM TO: Rachel Clark, City Clerk FROM: Lee Gagnon, Business Registration Supervisor SUBJECT: Transient Merchant Survey DATE: October 20, 1993 COPIES: ----------------------------------------------------------------- On October 19 & 20, 1993, we conducted a survey of eighteen cities to determine how they address transient merchants. Of the eighteen cities surveyed we found that twelve did not permit transient merchants, one severely restricted such activity and two permitted transient merchants only if they moved from place to place on a continuous basis and did not sit in one place for the entire day. There were two cities that permitted transient merchants with relatively few restrictions. We received no response from one city. See attached survey notes for further detail. It is not our position to curtail or in any way inhibit the lawful pursuit of a business or to impede a person's livelihood. Individuals who sell such things as merchandise or produce with no permanent location can do so legally during Market Night at Court Street Square, at the Orange Show Swap Meet or from retail establishments. Our survey confirms that transient merchants selling from street corners or from vacant lots is an activity that has been prohibited by a majority of communities surrounding the City of San Bernardino. We therefore believe that our regulations relative to transient merchants are in conformance with a majority of the communities and should not be revised. Lee Gagnon 0 TRANSIENT MERCHANTS CITY/TELEPHONE # CONTACT PERSON 1. Chino 591-9818 Vicki Griggs Not allowed 2. Colton 370-5045 Mr. Washington Not allowed - zoning prohibited 3. Corona 736-2275 Dawn O'Riely Allowed - Vendors have to keep moving, cannot stand longer than 10 minutes. In front of stores with written permission. Not regulated due to budget cuts - no inspectors. 4. Claremont 399-5451 Betty Stotle Not allowed - right now they utilize their noise ordinance, working on ordinance to allow it. 5. Fontana 350-7675 Jane Lee Not allowed - ordinance prohibited 6. Grand Terrace 824-6621 Elizabeth Duarte Allowed - regulated through Planning Department, City Clerk and City Council Approval. 7. Hemet 765-2358 Regina Grell Allowed - but highly discouraged, no ordinance to enforce, Planning Department has to approve, necessary fees: $100 for 6 months or $10 per day minimum 3 days, plus $30 processing fee for under 30 days, $90 over 30 days. See attached ordinance 0 S. Loma Linda 825-0864 Sonya Allowed - Planning Department regulates, have not issued any permits. 9. Montclair 626-8571 ext. 423 Liz Armijo Allowed - Vendors have to keep moving, cannot stand longer than 10 minutes, $55 flat fee, Police Department enforces ordinance. 10. Ontario 391-2519 Ramona Sagasta Not allowed - ordinance prohibited 11. Pomona (213) 620-2091 Irma Barrios Not allowed - ordinance prohibited 12. Redlands 798-7544 Brenda Sutton Not Allowed - only on market night - ordinance prohibited. 13. Rancho Cucamonga 989-1851 Voice-mail - no contact 14. Rialto 820-2517 Beverly Woods Not allowed - ordinance prohibited 15. Riverside 782-5466 Cecila Conriquez Not allowed - market night only - ordinance prohibited. 16. Victorville (619) 955-5000 Linda Lambert Not allowed - due to zoning ordinance. 17. Upland 982-1352 Paula Chamberlian Not allowed - market night only - ordinance prohibited. 18. Walnut 595-7543 Cathy Coffman Not allowed - ordinance prohibited. CITY OF SAN BERNARDINO Office of the City Clerk INTEROFFICE MEMORANDUM TO: Rachel Clark, City Clerk FROM: Lee Gagnon, Business Registration Supervisor SUBJECT: Transient Merchant Information DATE: October 21, 1993 COPIES: file ----------------------------------------------------------------- Space rent at the National Orange Show Swap Meet is $7. 00 per space. The Swap Meet is conducted on Sundays only from 6: 00 a.m. to 3 : 00 p.m. . Interested parties can call (909) 795-1884 . Registration fee for selling at Court Street Market Night is $7 . 50 and is good for one month. Approval to sell produce etc at Market Night was enacted by EDA and Main Street in May, 1992 . The fee for vendors at Market Night is the same as that for vendors who sell crafts at Perris Hill Park. Lee Gagnon 0 CITY OF SAN BERNARDINO office of the City Clerk INTEROFFICE MEMORANDUM CF;lct TO: Frank L. Rhemrev, Deputy City Attorney FROM: Larry Fineman, Business Registration Inspector SUBJECT: Citation DATE: May 18, 1993 COPIES: ------------------------------------------------------------------ On May 13 , 1993 while on a city wide survey for transient merchants Michael Stanley and I encountered Mr. Dionicio Belmontes Colin on the South East corner of Highland and California selling corn from the back of his van. This is the second time Inspector Stanley and I have seen Mr. Colin selling corn from his van. The first time was on April 9, 1993 on the 800 block of Mt. Vernon Ave. in this city. At that time we gave Mr. Colin a copy of our code specific to transient merchants in english and spanish. Mr. Colin claims to speak no english. We were able to secure a spanish speaker to assist us. We gave a warning and let him go. May 13 , 1993 we requested and received the assistance of Officer R. Rocha from the San Bernardino Police Dept. as an interpretor. He requested and received a California I.D. from Mr. Colin. He also explained the code to him again and gave him a copy. I issued Mr. Colin citation #430426 for San Bernardino Municipal Code Section 5. 04 . 495 - Transient Merchants and Temporary Business Prohibited. C^G' c Q W cc >a � � F}-m = W5 0 C V v > O CO Q r° O ¢LLJ U ��Yi O W LL O� 5-1 � d y Z � � O LL O �. O O j �� ro r./ t~=7C b a GCG 9 J N Q Z M U Uj r U< W!W2 Z ` Z O ¢ ¢ m ¢❑ ❑ W U ZO ED 5 .21 z Al m LL _ ¢� ❑ O > U) s '� 0 ¢ W W H O cc LL < fig ° U co ` 3� c =s �U° 3os Q W ❑ ` J Q W a¢ W W - CcQ M .` S �� W 1 Q O U) N �. Z W aO� a Lk W w rJS N 1C -�. M a W J i O 0� w Z H O �°¢ 7 V O LLJ Q Q o U) cc� Z u� o � � N NN ¢ i\ ¢ z Uj tr a W ¢ r r V J i LL r W W (n O (� a 3 W ` U U U W L t�7 :OZ W � _ Ow r�LL ' �` � ¢ #r ¢ W YvW fW� m U U U W LLO U= LL w �mm �� v U — Cry y a < ¢ m v$ d w w cn u Z ¢ } W ¢ W W Z JIB l i�f/1 U YY >- >- t�f O�� Q� Z O Q 3 �a U O Q < O >S ¢ Z W W W ° -�G I I ��L J y 0 I In U O ° Z < U ° LL > > ¢ < v GENERAL PROVISIONS AND LICENSE RATES 5.04.480 (Repealed by MC-382.) 5.04.485 (Repealed by MC-302.) 5.04.495 Transient merchants and temporary businesses pro- hibited. It shall be unlawful to sell merchandise, foodstuffs, stuffed ani- mals, fruits, vegetables, medicine, eggs, furniture, bakery goods, or similar items from a temporary stand upon any public street,alley or other public place, doorway of any room or building, unenclosed building,or vacant lot,or parcel of land. (Ord.MC-302,9-6-83; Ord. 3925 § 1, 1980; Ord. 3114, 1970; Ord. 763 § 97, 1920.) 5.04500 Swap meet. A. For every person, firm or corporation conducting, managing, carrying on or engaging in the business of a swap meet in the City, the license fee shall be established by resolution of the Mayor and Common Council. (Ord.MC-744, 10-6-90.) B. "Swap meet" as used in this article means any business wherein any person, firm or corporation or agent thereof rents spaces to various dealers orindividuals for selling or offering for sale goods, wares,merchandise,or things or articles of value,and wherein an admission fee is charged to enter the area where the merchandise is being offered for sale. C. Receipts for the space rental shall be written in triplicate on numbered receipts and shall contain the name and address of the dealer or individual,and make and license number of his automo- bile. One copy of the receipt shall be furnished to the dealer,one copy filed with the City Clerk immediately after the sale,and one copy retained by the swap meet operator for a period of five years for audit purposes. (Ord.2795, 1967; Ord. 763 § 97-A, 1920.) 5.04504 Telephone Solicitation For every person, fine or corporation conducting, managing, carrying on or engaging in the business of telephone solicitation, telemarketing or other similar activities the license fee shall be 207 (San Bcmardino 5-92)