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Home My WebLink About22- Council Officei CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Councilwoman Esther R. Estrada Subject: Vendor Cart Ordinance Chairwoman, Legislative Review Committee Dept: Council Office Date: September 15, 1998 Synopsis of Previous Council Action: 9/14/98 — Legislative Review Committee recommended that the Council request a vendor cart ordinance be drafted for presentation to the Council patterned after the draft ordinance contained in the staff report, with enhancements to the penalty phase (Section M of draft ordinance) and with the deletion of pushcarts (Section L -10 of the draft ordinance). SEP 15 1998 Recommended Motion: To direct the City Attorney to prepare an ordinance to be brought back to the Council for a first reading and to be laid over. Signature Contact Person: Jorge Carlos Phone: 5208 Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: Agenda Item No. d�ay 5.04.378 PEDESTRIAN FOOD VENDORS A. Definitions For the purposes of this section, the following terms have the following respective meanings: "Pushcart ' means any wagon, cart or similar wheeled container, not a "vehicle" as defined in the Vehicle Code of the State of California, from which food or beverage is offered for sale to the public. "Downtown Business District" means that area of the City of San Bernardino bounded on the west by the 1 215 Freeway, on the east by Arrowhead Ave. on the north by Sixth Street and on the south by Rialto Avenue and includes both sides of each street. B. General Prohibitions 1. No person shall sell or offer for sale any food or beverage from any portable box, stand, bag, bucket or similar container, on any public street, including parkways or sidewalks, within the City. 2. No person shall sell or offer for sale any food or beverage from any pushcart on any street, including parkways or sidewalks, within the City; provided, however. that sales from pushcarts may be made within the downtown business district subject to the provisions and conditions of this section, and sales may be made outside the downtown business district from pushcarts which are continually moved from place to place and stopped only for the period of time, not to exceed ten minutes at any one place, necessary to make bona fide sales to purchasers, subject to the provisions of this code. 3. No person shall employ direct or otherwise cause any other person to sell or offer for sale any food or beverage in violation of subsection A or B of this section. 4. No pushcart from which food is dispensed shall be located for the purpose of conducting sales within one hundred fifty feet of a business selling food for on- site consumption. 5. No pushcart vendor shall be issued a Business Registration Certificate without first obtaining a valid permit from the Department of Environmental Health Services of the County of San Bernardino. C. Business Registration Certificate No person shall sell or offer for sale any food or beverage from a pushcart, nor employ. direct or otherwise cause any other person to do so, without having first obtained a business registration certificate for the pushcart from the City Clerk's Office. D. Business Registration Application Every applicant for a pedestrian food vendor business registration shall file with the City Clerk a written application on a form provided by the City Clerk, which shall contain the following: I. The name• address, telephone number and social security number of the applicant and of each person, if any, to be employed or retained by the applicant to sell food or beverages from pushcarts. 3. The number of pushcarts to be operated by the applicant• either directly or through employees or subcontractors, and the design of each pushcart, including signage. 3. The character, location, hours and routing of pushcart operations. 4. Such other information as the City Clerk deems appropriate. Each business registration application shall be accompanied by payment of a non- refundable fee in an amount established by resolution of the City Council to cover costs of administering this section. E. Indemnity Agreement As a condition to receiving a pedestrian food vendor's business registration, every permittee shall execute an agreement holding the City and it's employees and agents harmless from any liability arising from the operation of the food vendor's business. F. Insurance Every applicant. at his sole cost and expense, and during the term of his registration or any renewal thereof, shall obtain and maintain liability insurance. Prior to the issuance of any registration, the applicant shall file and maintain with the City Clerk or his designee a valid and current policy or sufficient certificate or certificates evidencing the policy or policies of liability insurance, covering all operations of the applicant and his agents, and employees. The policy or policies shall contain an endorsement naming the City as additional insured, shall provide that the City will be given thirty days' written notice prior to cancellation or material change, and shall be in such minimum limits as set by resolution of the City Council. G. Permit Issuance. The City Clerk shall issue the business registration certificate if she is reasonably satisfied that the operations of the applicant will conform to the regulations set forth in Section 5.04.378; otherwise the City Clerk shall deny the application. One business registration certificate shall be issued for each pushcart to be operated by the applicant, either directly or through employees or subcontractors. H. Transfer Prohibited. Business registration certificates issued under this section shall not be sold, assigned, or transferred and shall cover only the named applicant and pushcart to whom they are issued. I. Business Registration Term. Each registration issued pursuant to this section shall be for a term of twelve months, upon the expiration of which term the applicant may renew the registration for an additional twelve month term by submitting a new application together with such business registration renewal fee as may be established by resolution of the Mayor and Common Council. J. Permit Revocation. The City Clerk may revoke any business registration certificate for any of the following reasons: 1. Falsehood of any information supplied by the applicant upon which issuance of the registration was based. ?. Failure of the applicant to promptly notify the City Clerk of any change occurring subsequent to the issuance of the business registration in the information supplied by the applicant upon which issuance of the registration was based; 3. Failure of the applicant, or of any employees or subcontractors of the applicant, to comply with the regulations set forth in this section. 4. Violation by the applicant, or any employee or subcontractor of the applicant, of any State, County or municipal law in the course of conducting food vending operations pursuant to the registration. 5. Revocation of County of San Bernardino Health Department Permit. No person whose Business Registration Certificate is revoked shall be eligible to apply for a new registration for a period of twelve months following such revocation. K. Permit Appeal. Any person whose application for a business registration is denied or whose permit is suspended or revoked by the City Clerk may appeal such decision to the Common Council by filing a written notice of appeal in the City Clerk's Office within ten days after receipt of the notice of denial, suspension or revocation. The Common Council shall review and determine the appeal and the decision of the Common Council shall be final. L. Pushcart regulation 1. Each pushcart shall have affixed to it in plain view the business registration certificate required by this section. ?. Pushcarts shall not be stationed, for purposes of offering food or beverages for sale, in any location which creates an obstruction to the normal flow of vehicular or pedestrian access to the public streets and sidewalks or within ten feet of any intersection, driveway or building entrance, or in any space designed for vehicular parking. 3. The maximum dimensions of any pushcart shall be six feet in length and four feet in width. 4. The only signs used in conjunction with a pushcart shall be signs affixed to or painted on the pushcart or its canopy. 5. A refuse container of at least four cubic feet capacity shall be provided in or on the pushcart. No debris shall be deposited on the ground. 3 6. No loudspeakers, public address system, bells, chimes or other soundmaking device shall be affixed to or used in conjunction with a pushcart. 7. No artificial lighting of or on any pushcart is permitted. S. No sale of any food or beverage to any person who is in a motor vehicle at the time of sale. 9. Pushcarts will be permitted to operate between the hours of 8:00 a.m. and 6:00 p.m. only during any day. 10. No more than 10 pushcarts at any one time will be permitted in the Downtown Business District. M. Penalty Violation of this section is an infraction and is punishable in accordance with Section 1.12.010 subsection B. Revocation of a Business Registration Certificate shall not be a defense against prosecution. N. Severability If any subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The City Council hereby declares that it would have passed this chapter and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more other section, subsections, clauses or phrases may be declared invalid or unconstitutional. O. Enforcement Enforcement of this section shall be the responsibility of Code Enforcement, City Clerk, and the Police Department. 4