HomeMy WebLinkAbout13 City AttorneyCITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: HUSTON T. CARLYLE, JR. Subject
SR. ASSISTANT CITY ATTORNEY
Dept: CITY ATTORNEY
Date: October 20, 1998 01h
Synopsis of Previous Council action:
AN ORDINANCE OF THE CITY OF SAN
BERNARDINO ADDING SECTION
5.04.378 TO TITLE 5 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO PEDESTRIAN
FOOD VENDORS.
September 14, 1998: Legislative Review Committee recommends that Council
direct City Attorney to prepare Vendor Cart Ordinance.
September 21, 1998: Council directs City Attorney to prepare Vendor Cart
Ordinance to be brought back to the Mayor and Common
Council at its first meeting in November.
Recommended motion:
That said Ordinance be laid over for final adoption.
Signature
Contact person: HUSTON T. CARLYLE. JR. Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:, (-,: `I % �! l'
75 -0262
Agenda Item No
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.378 is hereby added to Title 5 of the San Bernardino
Municipal Code to read as follows:
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 I 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
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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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 onsite 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:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
1. 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.
2. 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.
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 or her sole cost and expense, and during the term of
his /or her registration or any renewal thereof, shall obtain and maintain
liability insurance in an amount of not less than One Million Dollars
($1,000,000). Prior to the issuance of any registration, the applicant shall
file and maintain with the City Clerk or her 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
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R
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 forth herein.
G. Permit Issuance.
The City Clerk shall issue the business registration certificate if the
applicant conforms 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 /which they are issued.
L 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 shall 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.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
2. 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 who is aggrieved or dissatisfied with the conditions imposed on
his or her application for a business registration, or whose application is
denied or whose permit is suspended or revoked by the City Clerk may
appeal such decision to the Common Council pursuant to Chapter 2.64 of
this Code.
L. Pushcart Regulation.
1. Each pushcart shall have affixed to it in plain view the business
registration certificate required by this section.
2. Pushcarts shall not be stationed, for purposes of offering food or
beverages for sale, in any location which creates an obstruction to
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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.
6. No loudspeakers, public address system, bells, chimes or other
sound making device shall be affixed to or used in conjunction with
a pushcart.
7. No artificial lighting of or on any pushcart is permitted.
8. 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.
M. Penalty.
Violation of this section is a misdemeanor and is punishable in accordance
with Section 1.12.010 subsection A. Revocation of a Business Registration
Certificate shall not be a defense against prosecution.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
O. Enforcement.
Enforcement of this section shall be the responsibility of City Clerk, Code
Enforcement, the Police Department and those Officers specified in Section
9.90.010A.5 and 9.90.010A.6 of this Code.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof,
held on the day of , 1998, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
MILLER
The foregoing Ordinance is hereby approved this day of
Approved as to form
and legal content:
JAMES F. PENMAN,
i
HTC:ea[FoodVend.0rd1
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JUDITH VALLES, Mayor
City of San Bernardino
••;
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 199
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.
Contact Person: Jorge Carlos
Supporting Data Attached:
FUNDING REQUIREMENTS: Amount:
Council Notes:
Source: (Acct. No.)
Signature
Phone: 5208
Ward:
(Acct. Description)
nance•
Agenda Item No.
Pa
STAFF REPORT
The Legislative Review Committee initially addressed the issue of
vendor carts on May 26, 1998. At that time the primary intention
was to develop an ordinance which would provide the public in the
downtown business district with convenient access to vendor cart
food and beverage products. During subsequent meetings the
Committee expanded the initial intention to include the
establishment of enforceable regulations to prevent illegal vendor
cart activity.
The draft vendor cart ordinance provided as a supplement to this
report was patterned after the City of Riverside vendor cart
ordinance. Input was obtained from the San Bernardino Chamber
of Commerce, the San Bernardino Police Department, the
California Grocers Association and Stater Brothers Markets.
It is the Committee's recommendation that the draft ordinance
serve as a model for a City vendor cart ordinance. However, the
Committee recommends that the new ordinance not place limit on
the number of vendor carts permitted at this time and that the
penalty described in section M of the draft ordinance be enhanced.
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 1215 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 wTitten 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.
?. 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 ':flavor 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.
2. 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.
2. 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.
k
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.
8. 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.
NI. 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.
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Executive Vic(' , President
SAN BERNARDINO
DOWNTOWN BUSINESS ASSOCIATION, INC.
Businesses working together to make downtown, and all of
San Bernardino, the best place to work, visit, and live.
P. O. Box 1662
San Bernardino, CA 92402
November 12, 1998
_4
The Honorable Judith Valles
Members of the Common Council
C/O THE CITY CLERK
300 North "D" Street
San Bernardino, CA 92418'
RE: Item # 13 on the City Council Agenda
Ordinance of the City of San Bernardino Adding Section 5.04.378 to Title 5 of the
San Bernardino Municipal Code Relating to Pedestrian Food Vendors
Dear Mayor and Members of the Common Council:
The Board of Directors of the San Bernardino Downtown Business Association unanimously
voted to request that you continue the above - referenced ordinance in order to allow time for
input from downtown merchants and the larger San Bernardino business community. The
Downtown Business Association is on record supporting creation of a unique downtown
business district.
The vision would include pedestrian food vendors that would contribute to the overall
ambiance of the district. However, we are very concerned that the ordinance, as written,
could create a detrimental effect rather than the effect hoped for. We believe that if the
ordinance is circulated to the downtown business community and others that have
concerns, the end product will be much more beneficial to the City. Some of our concerns
include, but are not limited to:
The appearance of the carts as coordinated with an overall downtown theme.
Professional signage of the carts.
The number of carts permitted and location of such carts.
The ability to regulate the types of carts in order to achieve the proper retail mix that
would enhance the downtown district.
We appreciate your consideration and the opportunity to have input into this important
matter.
Sincerely,
Salvatore F. Catalano
President
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1�•1nes� com�r�anity' Would i+k:e the
tll.e DowntO�.vr1$�. ;giT:e55 - ;S��Cl tod X'z r
+ Iv b._.
Item �1 rel.atira to pede;,M,,r- food t�dUrs. ;,e
o ,ortunity to �isc,.rs a Lcsz cerns'lot , 'Idd:essed ir, the proposzd r r it:arce.
P�
That-Jc yolir for you assstaa.n,,e.
Sit &, terely.
Judi Pet1T1111iT
yt. �Ctltive `it.,, I�Iessi ent
�/3
=_! L
r
SAN BERNARDINO
DOWNTOWN BUSINESS ASSOCIATION, INC.
P. 0. Box 1662
San Bernardino, CA 92402
Businesses working together to make downtown, and all of
San Bernardino, the best place to work, visit, and live.
C�Op�I
November 12, 1998
ca
z
The Honorable Judith Valles
Members of the Common Council rI:
C/O THE CITY CLERK -�
300 North "D" Street
San Bernardino, CA 92418 cc
RE: Item # 13 on the City Council Agenda
Ordinance of the City of San Bernardino Adding Section 5.04.378 to Title 5 of the
San Bernardino Municipal Code Relating to Pedestrian Food Vendors
Dear Mayor and Members of the Common Council:
The Board of Directors of the San Bernardino Downtown Business Association unanimously
voted to request that you continue the above - referenced ordinance in order to allow time for
input from downtown merchants and the larger San Bernardino business community. The
Downtown Business Association is on record supporting creation of a unique downtown
business district.
The vision would include pedestrian food vendors that would contribute to the overall
ambiance of the district. However, we are very concerned that the ordinance, as written,
could create a detrimental effect rather than the effect hoped for. We believe that if the
ordinance is circulated to the downtown business community and others that have
concerns, the end product will be much more beneficial to the City. Some of our concerns
include, but are not limited to:
The appearance of the carts as coordinated with an overall downtown theme.
Professional signage of the carts.
® The number of carts permitted and location of such carts.
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The ability to regulate the types of carts in order to achieve the proper retail mix that
would enhance the downtown district.
We appreciate your consideration and the opportunity to have input into this important
matter.
Sincerely,
Salvatore F. Catalano
President
SFC:rls
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: HUSTON T. CARLYLE, JR. Subject: AN ORDINANCE OF THE CITY OF SAN
SR. ASSISTANT CITY ATTORNEY BERNARDINO ADDING SECTION
5.04.378 TO TITLE 5 OF THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO PEDESTRIAN
Dept: CITY ATTORNEY � O �� FOOD VENDORS. .
Date: October 20, 1998
Synopsis of Previous Council action:
September 14, 1998: Legislative Review Committee recommends that Council
direct City Attorney to prepare Vendor Cart Ordinance.
September 21, 1998: Council directs City Attorney to prepare Vendor Cart
Ordinance to be brought back to the Mayor and Common
Council at its first meeting in November.
Recommended motion:
That said Ordinance be laid over for final adoption.
Signature
Contact person: HUSTON T CARLYLE, JR. Phone: 5355
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount:
Source:
Council Notes: l%
i
?5 -0262
Finance:
Agenda Item No.
i
Staff Report
Vendor Cart Ordinance
At the meeting of the Mayor and Common Council held on September 21; 1998
the City Attorney was directed to prepare a vendor cart ordinance for the meeting
of the Mayor and Common Council on November 2, 1998.
The process to establish a vendor cart ordinance for the City of San Bernardino
began in the Legislative Review Committee (LRC) for the purpose of providing the
public in the downtown business district with convenient access to vendor cart food
and beverage products and to establish enforceable regulations to prevent illegal
vendor cart activity. On September 14,1998, the LRC recommended that the
Mayor and Common Council request that a vendor cart ordinance be drafted
patterned after the City of Riverside's vendor cart ordinance.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODEARELATING TO
PEDESTRIAN FOOD VENDORS.
THE MAYOR AND COMMON COUNCIL OF THE CLTY OF SAN BERNARDINO
r
DO ORDAIN AS FOLLOWS: /,ft
SECTION 1. Section 5.04.378 is hereby added to itle 5 of the San Bernardino
Municipal Code to read as follows:
5.04.378 PEDESTRIAN FOOD VEND S
A. Definitions.
For the purposes of this section, e following terms have the following
respective meanings:
"Pushcart" means any wagon cart or similar wheeled container, not a
"vehicle" as defined in the Yehicle Code of the State of California, from
which food or beverage is offered for sale to the public.
"Downtown Business istrict" means that area of the City of San
Bernardino bounded on the west by the I 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
C %City; provided, however, that sales from pushcarts may be made
within the downtown business district subject to the provisions and
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 onsite 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:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 onsite 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:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
1. 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.
2. The number of pushcarts to be operated by the applicant, either
directly or through employees pt subcontractors, and the design of
{
each pushcart, including sgnage.
3. The character, location; hours and routing of pushcart operations.
4. Such other inform on as the City Clerk deems appropriate.
Each business registra n application shall be accompanied by payment of
N
a non - refundable in an amount established by resolution of the City
Council to cov costs of administering this section.
E. Indemnity eement.
As a cond' on to receiving a pedestrian food vendor's business registration,
every °rmittee shall execute an agreement holding the City and it's
empl, ees and agents harmless from any liability arising from the operation
of,fe food vendor's business.
F.
Every applicant, at his or her sole cost and expense, and during the term of
his /or her registration or any renewal thereof, shall obtain and maintain
liability insurance in an amount of not less than One Million Dollars
($1,000,000). Prior to the issuance of any registration, the applicant shall
file and maintain with the City Clerk or her 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
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 um limits asset by resolution
of the City Council.
G. Permit Issuance.
The City Clerk shall issue th usiness registration certificate if she is
reasonably satisfied that the o rations of the applicant will conform to the
regulations set forth in Sq tion 5.04.378; otherwise the City Clerk shall
deny the application. Orie business registration certificate shall be issued
for each pushcart to bq operated by the applicant, either directly or through
employees or subctractors.
H. Transfer Prohibited.
Business regist tion certificates issued under this section shall not be sold,
assigned, or ransferred and shall cover only the named applicant and
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pushcart to hom /which they are issued.
I. Business egistration Term.
Each reglistration 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
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
issuance of the registration was based.
2. 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 vas based.
3. Failure of the applicant, ,pr of any employees or subcontractors of
:f
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 who is aggrieved or dissatisfied with the conditions imposed on
his or her application for a business registration, or whose application is
denied or whose permit is suspended or revoked by the City Clerk may
appeal such decision to the Common Council pursuant to Chapter 2.64 of
this Code.
L. 'p Pushcart Regulation.
1. Each pushcart shall have affixed to it in plain view the business
registration certificate required by this section.
2. Pushcarts shall not be stationed, for purposes of offering food or
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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,
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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.
6. No loudspeakers, public address system, bells, chimes or other
sound making device shall be affixed to or used in conjunction with
a pushcart.
7. No artificial lighting of or on any pushcart is permitted.
8. 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.
M. Penalty.
Violation of this section is a misdemeanor and is punishable in accordance
with Section 1. 12.010 subsection A. Revocation of a Business Registration
Certificate shall not be a defense against prosecution.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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,
s
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.
6. No loudspeakers, public address system, bells, chimes or other
sound making device shall be affixed to or used in conjunction with
a pushcart.
7. No artificial lighting of or on any pushcart is permitted.
8. 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.
M. Penalty.
Violation of this section is a misdemeanor and is punishable in accordance
with Section 1. 12.010 subsection A. Revocation of a Business Registration
Certificate shall not be a defense against prosecution.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELkTING TO
PEDESTRIAN FOOD VENDORS.
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 sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
HTCea[FoodVend.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof,
held on the day of , 1998 8y the following vote, to wit:
Council Members: AYES NAYS''' ABSTAIN ABSENT
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
MILLER
The foregoing Ordinance is hereby approved this day of
1
Approved as to fQ
and legal content/
JAMES F. PENMAN,
City ttorney °
By: rG�
HTC:ea(FoodVend.Ord]
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JUDITH VALLES, Mayor
City of San Bernardino
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDI O ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERrARDI O NILTNICIPAL CODE RELATING TO
PEDESTRIAN FOOD `ENDORS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.378 is hereby added to Title 5 of the San Bernardino
Municipal Code to read as follows:
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 r ev
o b eraJ e 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 I 215 freeway, on the east by
Arro�yhead 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
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AN ORDINANCE OF THE CITY OF SAN BERrARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 onsite 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 Count y 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:
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AN ORDINANCE OF THE CITY OF SAY BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
1. 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.
2. 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.
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. Indemnitv 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 or her sole cost and expense, and during the term of
his /or her registration or any renewal thereof, shall obtain and maintain
liability insurance in an amount of not less than One Million Dollars
($1,000,000). Prior to the issuance of anv registration, the applicant shall
file and maintain with the City Clerk or her 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
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MtiNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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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 forth herein.
G. Permit Issuance.
The City Clerk shall issue the business registration certificate if the
applicant conforms 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 /which 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 shall 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.
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AN ORDINANCE OF THE CITY OF SAY BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MtiNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
2. 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 who is aggrieved or dissatisfied with the conditions imposed on
his or her application for a business registration, or whose application is
denied or whose permit is suspended or revoked by the City Clerk may
appeal such decision to the Common Council pursuant to Chapter 2.64 of
this Code.
L. Pushcart Regulation.
1. Each pushcart shall have affixed to it in plain view the business
registration certificate required by this section.
2. Pushcarts shall not be stationed, for purposes of offering food or
beverages for sale, in any location which creates an obstruction to
HTC:ealFoodVend.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERti ARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
the normal flow of vehicular of 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
around.
6. No loudspeakers, public address system, bells, chimes or other
sound making device shall be affixed to or used in conjunction with
a pushcart.
7. No artificial lighting of or on any pushcart is permitted.
8. 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.
iN/1. Penalty.
Violation of this section is a misdemeanor and is punishable in accordance
with Section 1. 12.010 subsection A. Revocation of a Business Re- istration
Certificate shall not be a defense against prosecution.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
O. Enforcement.
Enforcement of this section shall be the responsibility of City Clerk, Code
Enforcement, the Police Department and those Officers specified in Section
9.90.010A.5 and 9.90.010A.6 of this Code.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the May
and Common Council of the City of San Bernardino at a meeting thereof,
held on the day of , 1998, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
tiIILLER
The foregoing Ordinance is hereby approved this day of
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
HTC : e a[ Food V e nd.Ord j
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JUDITH , Mayor
City of San Bernardino
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Fr-m: Councilwoman Esther R. Estrada Subject: Vendor Cart Ordinance
Chairwoman, Legislative Review Committee
Dept: Council Office
Date: September 15, 1998
Synopsis of Previous Council Action:
00FIV
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.
Contact Person: Jorge Carlos
Supporting Data Attached:
FUNDING REQUIREMENTS:
Council Notes:,
i/9
Signature
Phone: 5208
Ward:
Amount:
Source: (Acct No.)
(Acct Description)
Z-
Finance
1l / 2-19 _
Agenda Item No. / 9
STAFF REPORT
The Legislative Review Committee initially addressed the issue of
vendor carts on May 26, 1998. At that time the primary intention
was to develop an ordinance which would provide the public in the
downtown business district with convenient access to vendor cart
food and beverage products. During subsequent meetings the
Committee expanded the initial intention to include the
establishment of enforceable regulations to prevent illegal vendor
cart activity.
The draft vendor cart ordinance provided as a supplement to this
report was patterned after the City of Riverside vendor cart
ordinance. Input was obtained from the San Bernardino Chamber
of Commerce, the San Bernardino Police Department, the
California Grocers Association and Stater Brothers Markets.
It is the Committee's recommendation that the draft ordinance
serve as a model for a City vendor cart ordinance. However, the
Committee recommends that the new ordinance not place limit on
the number of vendor carts permitted at this time and that the
penalty described in section M of the draft ordinance be enhanced.
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 1215 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.
;. 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:
1. 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.
2. 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 Cite 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
Cite 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
I
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 %favor 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.
2. Failure of the applicant to promptly notify the City Clerk of anv 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.
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ORDINANCE NO.
All ORDINANCE OF THE CITY OF SAWN BERNARDLNO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO vIUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 5.04.378 is hereby added to Title 5 of the San Bernardino
Municipal Code to read as follows:
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 I 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
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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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 onsite 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:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
1. 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.
2. 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.
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 or her sole cost and expense, and during the term of
his /or her registration or any renewal thereof, shall obtain and maintain
liability insurance in an amount of not less than One Million Dollars
($1,000,000). Prior to the issuance of any registration, the applicant shall
file and maintain with the City Clerk or her 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
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERiNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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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 forth herein.
G. Permit Issuance.
The City Clerk shall issue the business registration certificate if the
applicant conforms 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 /which 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 shall 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.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
2. 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 who is aggrieved or dissatisfied with the conditions imposed on
his or her application for a business registration, or whose application is
denied or whose permit is suspended or revoked by the City Clerk may
appeal such decision to the Common Council pursuant to Chapter 2.64 of
this Code.
L. Pushcart Regulation.
1. Each pushcart shall have affixed to it in plain view the business
registration certificate required by this section.
2. Pushcarts shall not be stationed, for purposes of offering food or
beverages for sale, in any location which creates an obstruction to
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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.
6. No loudspeakers, public address system, bells, chimes or other
sound making device shall be affixed to or used in conjunction with
a pushcart.
7. No artificial lighting of or on any pushcart is permitted.
8. 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.
M. Penalty.
Violation of this section is a misdemeanor and is punishable in accordance
with Section 1. 12.010 subsection A. Revocation of a Business Registration
Certificate shall not be a defense against prosecution.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTION 5.0.1.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
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 sections,
subsections, clauses or phrases may be declared invalid or unconstitutional.
O. Enforcement.
Enforcement of this section shall be the responsibility of City Clerk, Code
Enforcement, the Police Department and those Officers specified in Section
9.90.O10A.5 and 9.90.010A.6 of this Code.
HTC:ea[foodVend.Ord]
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AN ORDINANCE OF THE CITY OF SAN BERT ARDINO ADDING SECTION 5.04.378
TO TITLE 5 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
PEDESTRIAN FOOD VENDORS.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof,
held on the day of , 1998, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
VACANT
SCHNETZ
DEVLIN
ANDERSON
i
MILLER
CITY CLERK
The foregoing Ordinance is hereby approved this day of , 1998
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
HTC:ea[FoodVend.Ord]
JUDITH VALLES, ayor
City of San Bernardino