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PC R 11-2143 � � . RESOLUTION NO. 11-2143 I . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY, OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN � �� ORDINANCE ADDING CHAPTER 9.32 TO TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE; REGULATING MOBILE VENDING WITHIN � THE CITY OF ARROYO GRANDE TO ENSURE PROTECTION OF THE � � � � � HEALTH, SAF.ETY, AND WELFARE OF THE PUBLIC; CITYWIDE WHEREAS, the increasing popularity of mobile vending has led to inquiries regarding establishment of such use within the City; and WHEREAS, the Arroyo Grande Municipal Code currently does not address mobile vending; and � � WHEREAS, Vehicle Code § 22455 establishes criteria by which the City can regulate mobile vending operations; and WHEREAS, the unregulated proliferation of mobile vendors in the City could negatively � impact health, safety, and welfare of the public; and WHEREAS, regulations are needed to adequately inform, permit, and regulate mobile — � � vendors. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council of Arroyo Grande adopt an . . . Ordinance.adding Chapter 9.32 to Title 9 of the Arroyo Grande Municipal Code regulating � mobile vending to ensure protection of health, safety, and welfare of the public within the City of Arroyo Grande and subject to the regulations as set forth in Exhibit "A", attached hereto and incorporated herein by this reference with the following modifications: � _ � • � Language to�include a waiver for hours and length of operation for special events . to be extended at the Chief of Police's discretion; � • When an application is filed, a form of government issued identification will be required for applicanUoperator; fingerprinting, and background check for operators vending at parcels designated Public Facilities; � • Strike the word "services" under Purposes and Intent; • Alterations to the Ordinance as identified by staff, including: • Removal of the word "food" in every occurrence on page 1 of the Ordinance; • Inclusion of language similar to "locations consistent with Vehicle�Code § 22455" in Section 9.32.090.A.1 of the Ordinance. I � RESOLUTION NO. 11-2143 OCTOBER 18, 2011 PAGE 2 On a motion by Commissioner Sperow, seconded by Commissioner Barneich and by the � - - � following roll call vote to wit: . AYES: Commissioners Sperow, Bameich, Keen, Martin and Chair Ruth NOES: None ABSENT: None the foregoing Resolution was adopted this 18�h day of October 2011. ATTEST: . , , �� DEBBIE WEICHINGER ELIZABETH RUTH, CHABR SECRETARY TO THE COMMISSION AS TO CONTENT: �.�, ( . - TERESA McCLISH . .DIRECTOR OF COMMUNiTY' D�i/ELOPMENT � Exhibit "A" I ORDINANCE NO. ., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 9.32 TO TITLE 9 OF THE ARROYO . � GRANDE MUNICIPAL CODE REGARDING MOBILE VENDING WHEREAS, the City of Arroyo Grande ("City") currently does not regulate mobile vendors; and WHEREAS, California Vehicle Code § 22455 and Health and Safety Code § 114315 authorize the City, in the interest of public safety, to adopt rules� and requirements regulating the type and the time, place and manner of mobile vending; and � WHEREAS, the City Council finds that, unless properly regulated, mobile vendors pose a unique risk to the health, safety and welfare of the public due to the inherent risks associated with mobile vending, including, but not limited to, impacts to traffic/ � pedestrian safety, zoning concerns, mobility, unsanitary conditions involving food � preparation, risks to children and consumer protectiori; and WHEREAS, the inherent nature of mobile vending and the ability of such vendors to be � � � � located on private property and public streets and move quickly from place to place in � — � � the community,.including near parks, schools and other places frequented by children, . �. _ warrants imposing certain regulatory measures, including requiring background checks, . to protect the health, safety and welfare of the community; and WHEREAS, it is the purpose of this Ordinance to protect the public safety within the City by establishing rules and requirements for mobile vending. ' NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference. SECTION 2: Arroyo Grande Municipal Code Chapter 9.32 is hereby added ta the Arroyo Grande Municipal Code in its entirety as follows: CHAPTER 9.32 — MOBILE VENDING . 9.32.010 Purpose and intent. � � The city finds that the vending of produce, prepared or prepackaged foods, goods, and/or wares at semi-permanent locations on public streets, sidewalks, or alleys and on I . � private property may pose unsafe conditions and special dangers to the public health, � � safety and welfare of the residents of the city. It is the purpose of this chapter to provide � . clear and concise regulations governing these types of vending operations to prevent � ORDINANCE NO. � PAGE�2 safety, traffic and health hazards, and to preserve the peace, safety and welfare of the � : city and its residents. �— 9.32.020 Applicability. Except as otherwise provided in this chapter, it is unlawful for any person or entity to act � as a vendor or employee of a mobile vendor, within the city without having first obtained a mobile vending or mobile vending employee permit issued pursuant to this chapter. � A. Number of permits: A mobile vending permit shall be required for the operation . of each vending vehicle regardless of ownership or management. . � � � � B. Term of permit; renewal: Any mobile vending permit or mobile vending employee �. � � permit issued pursuant to this chapter shall automatically expire one (1) year from the date of issuance, unless an earlier expiration date is noted on the . permit. The permit may be renewed by the chief of police subject to compliance with the standards established in this chapter and payment of all applicable fees. C. Transferability: A mobile vending or mobile vending employee permit is not transferable to any other entity or person and is valid only as to the original applicant. D. Exemptions: A mobile vending permit is not required for the following activities: � _ 1. The sale of agricultural products on the site where the product is grown; 2. Catering for private parties held exclusively on private property and not open to the general public; � 3. Permitted community events such as, but not limited to, farmers markets, . � � crafts fairs, street fairs, and other special events approved and designated . . � by the city; and � . � . 4. Delivery activities of any establishment with a fixed place of business, � � � � . , which only delivers.its products, services, or goods to a specified address � � in response to a customer request, order, or invoice previously placed through that fixed place of business. � 9.32.030 Definitions. � For the purposes of this chapter, the following words and phrases shall have the � � �meanings respectively ascribed to them by this section: . A. "Developed site" means a site that has gravel, paved concrete or asphalt parking � surface and paved ingress and egress that meets city standards. B. "Vending" means selling, offering for sale, or displaying or dispensing any food, beverages, goods, wares, or merchandise from any device used for carrying goods, wares, or merchandise. - C. "Vending vehicle" means a mobile food facility, temporary food facility, catering truck, wagon, pushcart, or other motorized or non-motorized conveyance upon which food, beverages, goods, wares, or merchandise is sold, offered for sale, or distributed. ORDINANCE NO. . PAG E 3� : D. "Vendor" means any individual or entity who sells and makes immediate delivery, or offers for sale and immediate delivery, any food, beverages, goods, wares, or merchandise from a vending vehicle, including employees of mobile vendors. � . 9.32.040 Review Authority. Mobile vending and mobile vending employee permits shall be approved or denied by the chief of police, in compliance with this chapter. . 9.32.050 Application filing and processing. Applicants for a mobile vending permit under this chapter, and persons working as an , employee of a mobile vendor shall file with the chief of police an application in writing on . - a form to be furnished by the city, which shall give the following information: A. A copy of the applicant's and/or operator's, or employee's Government issued � . form of identification; � � � �� � ' � B. Name, address(es), and telephone number(s) of the applicant; � C. A statement of the type of food, beverages, or merchandise to be sold; � . D. A copy of a current registration of vending vehicle; , � E. Intended locations, days and hours of operation; � � F.. For vending on private property: � . 1. Letter of consent signed by the property owner or authorized , representative; — . � 2. A site plan, drawn to scale and with dimensions, indicating the location of all existing�buildings, structures, driveways, parking spaces, traffic � controls, and improvements and the location where the proposed vending � activity will be located on site, and demonstrating that there will be adequate ingress and egress to the site and that the mobile vending activity will have adequate parking and not utilize parking otherwise required for any business located at the site; G. A copy of current San Luis Obispo County health permit(s); � H. Proof of a current Arroyo Grande business license or application for business � license; . � � . I. Evidence of general liability and automobile liability insurance; and J. Four color photographs showing different exterior views of the vending vehicle. 9.32.060 LiveScan. Prior to the issuance of a mobile vending permit or mobile vending employee permit, the ,applicant shall cause to be filed with the city police department a LiveScan background � � check �c.onducted by the California Department of Justice within the previous six (6) � : months of application for a mobile vending permit. The city police department shall , . furnish:each applicant with a LiveScan Request form for use at any LiveScan vendor � location. � � � � � 9.32.070 Permit processing fee. � At the time the application or renewal of a mobile vending or mobile vending employee � � , permit is.filed with the chief of police, the applicant shall pay a fee sufficient to cover the ORDINANCE NO. � PAG E 4 � _ � cost to. the city of processing the application. The amount of the fee shall be set by �resolution of the city council. � � 9.32.080 Permit review and decision. � . A. Upon acceptance of a properly filed mobile vending or mobile vending employee � permit application and receipt of an acceptable LiveScan report issued by the . � . . �Department of Justice, the chief of police shall conduct a preliminary : � investigation to determine compliance with this chapter and shall make such � � � determination within no more than thirty (30) days of acceptance to approve or deny the application. The chief of police shall provide the applicant with written notice of his or her decision to the address indicated in the application. B. The chief of police may deny an application for a mobile vending or mobile � vending employee permit if he or she makes any of the following findings: 1. The applicant has failed to pay the application permit fee. 2. The applicant has made one or more material misstatements in the application for a permit. . � 3. The applicant does not have a valid California driver's license, a City � � business license, current vehicle registration and/ or general liability and/ � ' � or automobile liability insurance. � � 4. The applicant's vending operation is inconsistent with the standards, _ conditions and requirements of this chapter. -- � 5. The applicant has been found in violation of this chapter at any time during . the previous three (3) year period. . . 6. The applicant is required to register under .the provisions of California ; . � � � � �. Penal.Code section 290. � �. � � � : � � 7. Within three (3) years of the date of the application, the applicant has . , . � . � been convicted in a court of competent jurisdiction or pled nolo contendere � � � � to any misdemeanor or felony offense which relates directly to the operation of mobile vending or any felony offense involving the sale of a , controlled substance specified in California Health and Safety Code � . sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of � the application. C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified�that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. D. If the chief of police approves the applicant's mobile vending or mobile vending employee permit, he or she shall endorse his or her approval on the application � : � and shall, upon payment of the prescribed fee, deliver the mobile vending or mobile vending employee permit to the applicant. _ ORDINANCE NO. PAG E 5 9.32.090 Indemnification. � � As a condition. of issuance of a mobile vending permit, the vendor shall agree to . ' � indemnify, hold harmless, and defend the city and its officials, employees and agents from and against any and all liability, damage and/or loss arising from activities by the vendor, its employees and agents. 9.32.100 Standards, conditions, requirements. . � All vendors shall comply with the following standards, conditions and requirements: , . . �� � - A. Location: � � . � . � - . , . 1. Vending. shall occur only� on a private developed site zoned Gateway. � � Mixed-Use, Fair Oaks Mixed-Use, Highway Mixed-Use, Industrial Mixed- . Use, Office Mixed-Use, Public Facility, or locations consistent with Vehicle � Code § 22455; � 2. No vending shall occur within ten feet (10') of a fire hydrant, fire escape, : . � � building entrance, bus stop, loading zone, handicapped parking space or . � � � access ramp, fire station driveway or police station driveway. A greater � , � distance or separation from other uses may be required, under the permit, � in order to preserve line-of-sight, or for other safety reasons; 3. No.vending shall occur within three hundred feet (300') of the grounds of any elementary or junior high school; 4. No vending shall occur within five hundred feet (500') of a freeway — entrance or exit; � 5. Vendors shall not stop in any single location for more than one and one half hours in any twenty-four hour period. 6. Vending at the Soto sports complex or any other city park, recreational � facility, or sports complex is permitted only upon the prior written � . authorization from the Arroyo Grande Recreation and Maintenance Services Division. B. Design and operating standards: � � _ � 1. Condition/appearance of site: a. The vendor shall maintain the area within which vending activities � � � occur in a clean, safe and sanitary condition; � � � b�. No tables, chairs, fences, shade structures, other site furniture, or � � � any freestanding signs shall be permitted in conjunction with the � vendors vending activities; . c. Should any site improvements be needed for ongoing vending . . . � . � operations, the vendor shall be required to apply for appropriate ` � permits to ensure building and public safety and consistency with . . � � applicable building and zoning regulations; d. The vendor shall not attach or use any water lines, electrical lines or gas lines during vending operation; and � ' e. Exterior storage or display of refuse, equipment, materials, goods, ', wares, or merchandise associated with the vendor is prohibited. � ORDINANCE�NO. � � . . PAG E 6 �� 2. Condition/appearance of vending vehicle: � � � a. The vendor shall dis la , in lain view and at all times, current ` P Y P � permits and licenses in or on their vending vehicle; � ' . b. Any vending vehicle shall be clean and in good repair; � c. The vendor shall not discharge items from any vending vehicle onto the sidewalk, gutter, storm inlets, or streets; and d. The width, length, and height of all vending vehicles and devices � shall be.,subject to review as part of consideration of the mobile vending,permit. . . � . . 3. Hours of operation: Vending shall be conducted within the hours of 9:00 � am and not later than 9:00 pm. All activities shall comply with the city's noise ordinance. 4. Lighting: The vendor shall provide adequate lighting to ensure customer . safety. Lighting shall be directed downwards and away from public streets � and adjacent properties. ' � ' � 5. Obstructions, hazards: No vendor shall obstruct vehicular traffic, bicycle � � . � . � traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked � . � � � adjacent to a curb, and shall not create public health or safety hazards. . � . 6: Parking: Prior to, issuance of the mobile vending permit, the city shall . � . confirm that an acceptable area for customer parking exists, or shall specifically exempt the vendor from this requirement due to the nature and/or location of�the use. If the vending will occur on private property_the : � . � � city shall determine that there will be adequate ingress and egress to�the ., ; site, and that the mobile vending activity will have adequate parking and . . not utilize parking otherwise required for any business located on the site. � Parking for the vendor shall be specified in compliance with the mobile vending permit. The vendor shall not indicate exclusive roadway parking � or reserve any public parking area for the vendor's customer parking. 7. Exceptions: Exceptions to increase length of time for vending in a single � location or daytime hours for special events are to be filed with the chief of � police and considered on an individual basis. 8. Other applicable regulations: Each vendor shall comply at all times with all � . applicable Federal, State, county, city and any other governmental � requirements. . : � 9.32.110 Denials, suspension, revocation, requests for additional information. � A. A mobile vending or mobile vending employee permit issued under this chapter �, . . may be suspended or revoked by the chief of police for any of the following . , _ causes: � � � ORDINANCE NO. PAGE 7. � ' . . 1. Fraud or misrepresentation in the course of vending; � . � 2. Fraud or misrepresentation in the application for the mobile vending � ' , permit; � � 3. Vending in violation of this chapter; or � � � . � 4. Vending in a manner that creates a public nuisance or constitutes a , � danger to the public. � , 9.32.120 Appeals to City Manager. � . � In the event that any applicant or permittee desires to appeal from any order, revocation � � � �� or other ruling of the chief of police or any other official of the city, made under the � provisions of this chapter, such applicant or any other person aggrieved shall have the � � � right to appeal such action or decision to the city manager within fifteen (15) days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the police department a written appeal statement setting forth the grounds for the appeal. The chief of police shall transmit the written statement to the city manager within ten (10) days of its filing , and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than sixty (60) days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or revocation. The decision of the city manager, or his or her designee, - - on the appeal shall be final and binding on all parties concerned. 9.32.130 Violations. � � Any person who violates a provision of this chapter is guilty of a separate offense for � each day or part of a day during which the violation is committed, continued or � permitted. Any�person who violates any provision in this chapter shall be guilty of a � .misdemeanor. � � SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of � � this Ordinance or any part thereof is for any reason held to be unlawful, such decision � shall not affect the validity of the remaining portion of this Ordinance or any part thereof. : � Ttie City Council hereby declares that it would have passed each section, subsection, � subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one � or more section, subsection, subdivision, paragraph, sentence, or clause be declared� � unconstitutional. � � SECTION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062. SECTION 5: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council I � meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within ----� fifteen (15) days after adoption of the Ordinance, the summary with the names of those . � ORDINANCE NO. � � PAG E 8 City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 6: This Ordinance shall take effect thirty (30) days from the date of adoption. . On motion of Council Member , seconded by Council Member , and on the � following roll call vote to wit: AYES: . � NOES: ABSENT: � . The focegoing Ordinance was adopted this day of November, 2011. ; � TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK � APPROVED AS TO CONTENT: STEVEN ADAMS, CIN MANAGER � � �APPROVED AS TO FORM: TIMOTHY J. CARMEL� CITY ATTORNEY , . ,. --