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HomeMy Public PortalAboutOrdinance 1110ORDINANCE NO. 1110 AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING THE BEAUMONT MUNICIPAL CODE TO REPEAL CHAPTER 5.64 AND REPLACE WITH A NEW CHAPTER 5.64 ENTITLED "PEDDLERS," AND TO ADD CHAPTER 5.66, A SIDEWALK VENDING PROGRAM, AND MAKING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF BEAUMONT HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. (a) Senate Bill 946 was signed into law on September 17, 2018, and took effect on January 1, 2019. (b) Senate Bill 946, which is codified at Chapter 6.2 (commencing with Section 51036) of Part 1 of Division 1 of Title 5 of the California Government Code, limits the authority of cities and counties to regulate Sidewalk Vendors except in accordance with the provisions of California Government Code Sections 51038 and 51039. (c) The Beaumont Municipal Code ("Municipal Code") currently regulates Sidewalk Vendors in a manner that is inconsistent with Senate Bill 946. (d) Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, is no longer consistent with current modes of commerce and is inconsistent with current law. (e) The City desires to amend its Municipal Code to (1) repeal and replace chapter 5.64, (2) adopt a sidewalk vending program, and (3) ensure compliance with Senate Bill 946. (f) Regulation of sidewalk vending will benefit the City as a whole as it will lead to orderly commerce while encouraging entrepreneurship and providing economic opportunity for people to support themselves and their families. (g) The act of vending on public sidewalks, pedestrian paths or pedestrian walkways creates the potential for safety hazards, such as, but not limited to, inhibiting the ability of disabled individuals and other pedestrians to follow a safe path of travel; interfering with the performance of police, firefighter and emergency medical personnel services; encouraging pedestrians to cross mid -block or stand in roadways to purchase food and merchandise; and creating obstacles and contributing to congestion for pedestrian, vehicle, and bicycle traffic. 1 (h) Regulations of sidewalk vendors are needed to accommodate sidewalk vendors' equipment while safeguarding pedestrian movement on public sidewalks, parkways, pedestrian paths or walkways, and other public rights -of -way. (i) Regulations of sidewalk vendors engaged in the sale of food and food products are needed to protect the public health and safety by ensuring that sidewalk vendors prepare food safely and in accordance with the requirements of the Riverside County Department of Public Health and the City's Health Department. (j) Regulations of sidewalk vendors are needed to prevent hazardous or unsanitary conditions and to ensure that trash and debris are removed by sidewalk vendors and do not become a pollutant. (j) The City Council adopts this ordinance under the authority provided in Senate Bill 946 and Government Code Sections 51036 through 51039 and finds that the time, place, and manner regulations and requirements provided herein are directly related to the City's purpose of protecting the health, safety and welfare of its residents, businesses and visitors, including ensuring compliance with the American with Disabilities Act of 1990 (Public Law 101-336) and other disability standards; ensuring the public's use and enjoyment of natural resources and recreational opportunities; and preventing an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of City parks. Section 2. CEQA. The City Council hereby finds and determines that this ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) ("CEQA") pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project" as that term is defined in Section 15378 of the State CEQA Guidelines. Section 3. Repeal and Replace Chapter 5.64. The City Council hereby repeals Chapter 5.64 of the Municipal Code, Commercial Peddlers, Solicitors and Itinerant Merchants, in its entirety, and replaces with a new Chapter 5.64 entitled "Peddlers" to read as follows: "Chapter 5.64. Peddlers 5.64.010 — Definitions. 5.64.020 - Permit Required. 5.64.030 - Permit Application. 5.64.040 - Issuance of Permit. 5.64.050 - Denial of Permit. 5.64.060 - Conditions Imposed on Permit. 5.64.070 - Permit Expiration. 5.64.080 - Permits Nontransferable. 5.64.090 - Revocation of Permit. 5.64.100 - Notice of Hearing and Grounds for Revocation. 2 5.64.110 - Emergency Temporary Suspension of Permit. 5.64.120 - Conduct of Hearing on Suspension or Revocation. 5.64.130 - Decision of Hearing on Suspension or Revocation. 5.64.140 - Appeal to Hearing Officer. 5.64.150 - Operating Requirements. 5.64.160 - Identification Card. 5.64.170 - Administrative Citations. 5.64.180 - Exemptions. 3 5.64.010 — Definitions. For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise: "Chief of Police": The Chief of Police of the City or his or her designee. "Director": The Planning Director of the City or his or her designee. "Food": Any type of raw, cooked, or processed edible substance, including any food product or beverage. "Merchandise": goods, wares, merchandise, meats, fish, vegetables, fruits, farm products, or prepared foods. "Peddler": shall mean any person, traveling by foot, automotive vehicle, or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying, or transporting Merchandise and offering and exposing the same for sale, or making sales and delivering articles to purchasers, or any person who traveling from place to place, shall sell or offer for sale such Merchandise from an automotive vehicle, or other vehicle or conveyance; or any person who solicits orders and as a separate transaction makes deliveries to purchaser. "Peddler" shall not include a person engaged in, conducting or carrying on the business of vending on a sidewalk, pursuant to a valid permit issued pursuant to Chapter 5.66. "Temporary Special Permit": A permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. "Vend" or "Vending": To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, Food or Merchandise, or to require someone to negotiate, establish, or pay a fee before providing Food or Merchandise, even if characterized as a donation. 5.64.020 - Permit Required. No person shall engage in, conduct, or carry on the business of Vending as a Peddler without a permit issued under the provisions of this Chapter. 5.64.030 - Permit Application. Every person, prior to engaging in, conducting, or carrying on the business of a Peddler, shall file an application for a permit with the Director or his or her designee, accompanied by,,a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current mailing address and telephone number of the applicant; 4 B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The. number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; D. A description of the Merchandise; E. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code; F. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County. G. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Peddler conduct or activity; H. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and I. Any other reasonable information regarding the time, place, and manner of the proposed Peddler activities. J. The applicant's consent to a fingerprint check by the Chief of Police or his designee. Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. 5.64.040 - Issuance of Permit. The Director or his designee shall grant a Peddler permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met: A. The business license fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. 5 D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, business or activity as a Peddler. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. G. The applicant has obtained a valid City business license and paid the appropriate business license fee. 5.64.050 - Denial of Permit. If the Director or his designee finds that all the requirements of section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the Peddler permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. 5.64.060 - Conditions Imposed on Permit. Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to sections 5.64.150 and 5.64.160 of this Chapter. 5.64.070 - Permit Expiration. A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. 5.64.080 - Permits Nontransferable. No permit issued pursuant to this Chapter shall be transferable. 5.64.090 - Revocation of Permit. The Director may revoke a permit issued under this Chapter for any of the following reasons: A. The permitee has made a material misrepresentation in the application. 6 days; B. The permitee has committed violations of this Chapter on four (4) or more separate C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the Vending in a manner which endangers the public health or safety. F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Peddler business or activity. 5.64.100 - Notice of Hearing and Grounds for Revocation. Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten (10) days prior to the hearing. 5.64.110 - Emergency Temporary Suspension of Permit. Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section 5.64.100. 5.64.120 - Conduct of Hearing on Suspension or Revocation. The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. 5.64.130 - Decision of Hearing on Suspension or Revocation. 7 The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in section 5.64.140. 5.64.140 Appeal to Hearing Officer. A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing Officer, upon not less than fifteen (15) days' written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. 5.64.150 - Operating Requirements. A. Except as otherwise permitted in this Chapter or the Municipal Code, no Peddler shall Vend in the following locations: 1. Any public property, including, without limitation, streets, alleys, and City - owned parking structures; 2. Within one hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public; 3. Within one hundred (100) feet of a street intersection or traffic signal; 8 4. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller; 5. Within ten (10) feet of any driveway or driveway approach; 6. Within ten (10) feet of a marked crosswalk; 7. Within ten (10) feet of the curb return of an unmarked crosswalk; 8. Within any median strip or dividing section; 9. Within two hundred (200) feet of a Police Station or Fire Station. B. Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street. C. Peddlers shall possess at all times, while Vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The Peddler shall display a copy of the permit upon request by authorized City employees. D. If a Peddler of Food, the Peddler shall possess and display in plain view on a valid current Mobile Food Facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade. E. Peddlers shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal). F. Peddlers shall not engage in any of the following activities: 1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products; 2. Vending illegal or counterfeit Merchandise; 3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation; 4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or 9 5. Vending in a manner that blocks or obstructs the free movement of vehicles, including Parked vehicles. 6. Where food of any kind is dispensed from a vehicle, pushcart or other conveyance, shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requested use by patrons; and provided further, prior to leaving the location, shall pick up, remove, and dispose of all trash or refuse which consists of materials originally dispensed by that person, including any packages or containers, or parts thereof, used with or for dispensing such food. 5.64.160 - Identification Card. Every Peddler that Vends Food shall obtain a food handler card issued by the Riverside County Department of Environmental Health, and shall have the food handler card and a valid and current photo identification card in their possession at all times when engaged Peddler activity. The food handler card shall be displayed to any police officer or other authorized City employee upon request of such police officer or authorized City employee. 5.64.170 - Administrative Citations. A. In accordance with Government Code section 51039, a violation of this Chapter by a Peddler who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. 4. The City may revoke a permit issued to a Peddler for the term of that permit upon the fourth violation or subsequent violations. B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in Peddler activity without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: first violation. 1. Two hundred fifty dollars ($250) for a first violation. 2. Five hundred dollars ($500) for a second violation within one year of the 10 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. 4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. C. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person. D. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. E. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability -to -pay determination and shall make available instructions or other materials for requesting an ability -to - pay determination. The person may request an ability -to -pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. F. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter. G. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." 5.64.180 — Exemptions. The provisions of this Chapter shall not apply to transporting property owned or handled on consignment by the agents or employees of an established place of business, where such transportation is incidental to such business, and when such property is being transported to or from such established place of business. "Established place of business" shall mean any permanent warehouse, building, structure, or outdoor vending business which is owned or leased, and at which the owner or lessee carries on a legitimate permanent business in good faith and at which stocks of the goods transported are produced, stored, or kept in quantities usually carried and reasonably adequate to meet the requirements of the business." 11 Section 4. Addition of New Chanter 5.66. The City Council hereby adds a new Chapter 5.66 to Title 5 ("BUSINESS TAXES, LICENSES AND REGULATIONS ") of the Municipal Code to read as follows: "Chapter 5.66. Sidewalk Vending 5.66.010 — Definitions. 5.66.020 - Permit Required. 5.66.030 - Permit Application. 5.66.040 - Issuance of Permit. 5.66.050 - Denial of Permit. 5.66.060 - Conditions Imposed on Permit. 5.66.070 - Permit Expiration. 5.66.080 - Permits Nontransferable. 5.66.090 - Revocation of Permit. 5.66.100 - Notice of Hearing and Grounds for Revocation. 5.66.110 - Emergency Temporary Suspension of Permit. 5.66.120 - Conduct of Hearing on Suspension or Revocation. 5.66.130 - Decision of Hearing on Suspension or Revocation. 5.66.140 - Appeal to Hearing Officer. 5.66.150 - Operating Requirements. 5.66.160 - Administrative Citations. 5.66.010 - Definitions. For purposes of this Chapter, the following definitions apply unless the context in which they are used clearly requires otherwise: "Chief of Police": The Chief of Police of the City or his or her designee. "Director": The Planning Director of the City or his or her designee. "Fire Station ": Any facility where fire engines and other equipment of the City's Fire Department are housed. "Food": Any type of raw, cooked, or processed edible substance, including any food product or beverage. "Merchandise ": Any tangible goods or items that are not Food. "Park": A public park shall mean any park open to the public located within the City and includes all Sidewalks and parking lots located within or on the perimeter of a public park. "Police Station": Any facility where police vehicles and other equipment of the City's Police Department are housed. 12 "Roaming Sidewalk Vendor": A Sidewalk Vendor who moves from place to place and stops only to complete a transaction. "Sidewalk": A public sidewalk or paved pedestrian path or walkway specifically designed for pedestrian travel. "Sidewalk Vendor ": A person who Vends from a Vending cart or from one's person, upon a Sidewalk. "Stationary Sidewalk Vendor": A Sidewalk Vendor who Vends from a fixed location. "Temporary Special Permit": A permit issued by the City for the temporary use of, or encroachment on, the Sidewalk or other public area, including but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, outdoor concerts, festivals, carnivals, and street fairs. "Vend" or "Vending": To barter, exchange, sell, offer for sale, display for sale, or solicit offers to purchase, Food or Merchandise, or to require someone to negotiate, establish, or pay a fee before providing Food or Merchandise, even if characterized as a donation. "Vending Cart": A pushcart, stand, display, pedal -driven Cart, wagon, showcase, rack, or other non -motorized conveyance used for Vending, that is not a vehicle as defined in the California Vehicle Code. 5.66.020 - Permit Required. No person shall engage in, conduct, or carry on the business of Vending on a Sidewalk without a permit issued under the provisions of this Chapter. 5.66.030 - Permit Application. Every person, prior to engaging in, conducting, or carrying on the business of Vending on a Sidewalk, shall file an application for a permit with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current mailing address and telephone number of the applicant; B. If the applicant is an agent of an individual, company, partnership, corporation, or other entity, the name and business address of the principal; C. A copy of a California's driver's license or identification number, an individual taxpayer identification number, or a social security number. The number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order; 13 D. A description of the Food and/or Merchandise for Vending; E. The dimensions of the Vending Cart; F. A current valid California seller's permit number pursuant to Section 6067 of the California Revenue and Taxation Code; G. If a Vendor of Food, a Food Handler Certificate issued by the Riverside County Department of Environmental Health and other applicable requirements of the County. H. An agreement by the applicant to indemnify and hold harmless the City, its officers and employees, for any damage or injury caused to the City as a result of the Sidewalk Vending conduct or activity; I. Certification by the applicant, under penalty of perjury, that the information contained in the application is true to his or her knowledge and belief; and J. Any other reasonable information regarding the time, place, and manner of the proposed Sidewalk Vending activities. Applications for permits shall be filed a minimum of thirty (30) days prior to the date requested for issuance of the permit. Renewal permit applications shall be filed a minimum of thirty (30) days prior to the expiration of any existing permit. 5.66.040 - Issuance of Permit. The Director or his designee shall grant a Sidewalk Vendor permit within ten days after receiving the completed application and proof of a valid City business license if he or she finds that all of the following requirements have been met: A. The business license fees have been paid. B. The application conforms in all respects to the provisions of this Chapter. C. The applicant has not made a material misrepresentation of fact in the application. D. The applicant has not had a similar permit or license denied or revoked by the City within one year prior to the date of the application. E. The applicant has not been convicted, during the three-year period immediately preceding the issuance of the permit, of any offenses involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or activity. F. The applicant has obtained any other applicable City or county permits, including any City or county health permit required for the preparation and sale of food products. 14 G. The applicant has obtained a valid City business license and paid the appropriate business license fee. 5.66.050 - Denial of Permit. If the Director finds that all the requirements of section 5.64.060 of the Municipal Code have not been met, he or she shall deny the application for the Sidewalk Vendor permit. Written notification of denial of the permit application, setting forth the grounds for denial, shall be served on the applicant by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the applicant at his or her mailing address as set forth in the permit application. Notice of denial of the application shall be deemed to have been served on the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. 5.66.060 - Conditions Imposed on Permit. Any person issued a permit pursuant to this Chapter shall comply with all operating requirements that are imposed as part of the permit pursuant to sections 5.66.150 and 5.66.160 of this Chapter. 5.66.070 - Permit Expiration. A permit issued pursuant to this Chapter shall be effective for a period of one year from the date of issuance. 5.66.080 - Permits Nontransferable. No permit issued pursuant to this Chapter shall be transferable. 5.66.090 - Revocation of Permit. The Director may revoke a permit issued under this Chapter for any of the following reasons: A. The permitee has made a material misrepresentation in the application. B. The permitee has committed violations of this Chapter on four (4) or more separate days; C. The permittee has failed to maintain the insurance required by this Chapter; D. The permitee has failed to comply with applicable federal, state or local laws and regulations; E. The permitee has conducted the Vending in a manner which endangers the public health or safety. F. The permitee's conviction at any time of an offense involving the sale of a controlled substance specified in sections 11054, 11055, 11056, 11057, or 11058 of the California 15 Health and Safety Code in conjunction with, or while conducting, Sidewalk Vending business or activity. 5.66.100 - Notice of Hearing and Grounds for Revocation. Prior to the revocation of a permit issued under this Chapter, the permittee shall be notified in writing of the grounds for the revocation of the permit and a hearing shall be held thereon. Written notification of revocation of the permit, setting forth the grounds for the revocation, shall be served on the permitee by personal delivery or by first class and certified or registered mail, return receipt requested, addressed to the permittee at his or her mailing address as set forth in the permit application. Notice of revocation of the permit shall be deemed to have been served on the date it is personally served on the permitee or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her mailing address as set forth in the permit application, regardless whether the certified mail receipt is returned to the City signed or unsigned. Notice of the hearing shall be given in accordance with Chapter 1.17 of the Municipal Code to the permittee at least ten (10) days prior to the hearing. 5.66.110 - Emergency Temporary Suspension of Permit. Where the conduct or the activity of the permittee creates an imminent peril to the public health or safety, a permit issued pursuant to this Chapter may be summarily suspended upon notice to the permittee, provided that the permittee shall be entitled to a hearing within three (3) days thereafter and any emergency suspension shall not exceed fifteen (15) days pending a hearing under section 5.66.100. 5.66.120 - Conduct of Hearing on Suspension or Revocation. The Director shall conduct a hearing and make the determination on the suspension or revocation of a permit. The Director may promulgate rules of procedure for such hearings, which shall recognize the right of the permittee to be heard and to call witnesses on the permittee's behalf. 5.66.130 - Decision of Hearing on Suspension or Revocation. The decision of the Director shall be rendered within ten (10) days of the close of the hearing. The decision shall be in writing and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing of his or her right to appeal to the Hearing Officer as set forth in section 5.66.140. 5.66.140 - Appeal to Hearing Officer. A. Any applicant for a permit under this Chapter, or a permittee, shall have the right to appeal from a decision by the Director to deny a permit application or to revoke a permit, by filing with the City Clerk a written notice of appeal, specifying the grounds for such appeal, within fifteen (15) days after the decision has been served on the applicant or permittee. Such appeal shall be heard by the Hearing Officer, as designated by the City Council from time to time, or by an administrative hearing officer designated by or at the request of the Hearing 16 Officer, upon not less than fifteen (15) days' written notice to the appellant. The Hearing Officer, as the designated administrative hearing officer, shall consider all relevant evidence at the hearing, continue the hearing for good cause, and require such legal briefing as may be required to address any issues raised by the appeal. Within a reasonable time, but not more than thirty (30) days following the conclusion of the hearing, the Hearing Officer or the designated administrative hearing officer shall issue a written decision affirming, denying or modifying the decision from which the appeal was taken, supported by factual findings and determinations referenced by supporting evidence. The decision of the Hearing Officer or designated administrative hearing officer shall be final. The written decision shall be served on the appellant as provided in Code of Civil Procedure section 1094.6(b), with a copy submitted to the City Clerk. The written decision shall include a notice to the appellant that the decision is subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure section 1094.6. If a timely appeal is filed, any revocation shall be stayed pending the decision of the Hearing Officer. Otherwise, the revocation shall become effective immediately upon expiration of the period for filing an appeal. B. No person whose permit is finally denied or revoked shall be eligible to apply for a new permit for a period of one (1) year following such final action. 5.66.150- Operating Requirements. A. Except as otherwise permitted in this Chapter or the Municipal Code, no Sidewalk Vendor shall Vend in any of the following locations: 1. Any public property other than a Sidewalk, including, without limitation, streets, alleys, and City -owned parking structures; 2. Within two hundred (200) feet of any other Sidewalk Vendor; 3. Within one hundred (100) feet of a police officer, firefighter, or emergency medical personnel who is actively performing his or her duties or providing services to the public; 4. Within one hundred (100) feet of a street intersection or traffic signal; 5. Within fifteen (15) feet of a fire hydrant, fire call box, police call box, traffic signal controller, or streetlight controller; 6. Within ten (10) feet of any driveway or driveway approach; 7. Within ten (10) feet of a marked crosswalk; 8. Within ten (10) feet of the curb return of an unmarked crosswalk; 9. Within any median strip or dividing section; 10. Within two hundred (200) feet of a Police Station or Fire Station. 17 B. Sidewalk Vendors must at all times maintain a clearance within a sidewalk sufficient to enable persons to freely pass while walking, running, or using mobility assistance devices. C. Sidewalk Vending is permitted only between the hours of 8:00 a.m. and 9:00 p.m. or one-half hour after sunset, whichever comes first, except that the hours of operation shall not be more restrictive than the hours of operation imposed on other businesses or uses on the same street. D. If a Sidewalk Vendor of Food other than solely prepacked Food, the Vendor shall possess hand sanitizer for use by the Sidewalk Vendor and patrons. E. If a Stationary Sidewalk Vendor, the Vendor shall maintain a clearly designated litter receptacle in the immediate vicinity, marked with a sign requesting use by patrons. The litter receptacle must be large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public. The Vendor's litter receptacle may not be left on the Sidewalk upon leaving any Vending location. F. If a Roaming Sidewalk Vendor Vending from a Vending Cart, the Vendor shall maintain a litter receptacle attached to the Vending Cart large enough to accommodate customer litter without resort to existing litter receptacles located on any block for use by the general public and marked with a sign requesting use by patrons. G. Sidewalk Vendors shall maintain a neat, sanitary, hazard and trash -free ten (10) foot radius of the Vending location during hours of operation, and prior to leaving any Vending location, the Sidewalk Vendor shall pick up, remove, and dispose of all litter generated by the Vending operations within a ten (10) foot radius of the Vending location in the Sidewalk Vendor's litter receptacle. Sidewalk Vendors shall not throw, deposit, or leave, or permit to be thrown, deposited, or left, any litter, Food, or other discarded or abandoned objects, in or upon any street, Sidewalk, gutter, storm drain, inlet, catch basin, or other drainage structure, or upon any public or private land in the City, so that the same might be or become a pollutant. H. Sidewalk Vendors shall immediately clean up any Food, grease or other fluid or item related to Sidewalk Vending activities that falls on public property. I. If a Stationary Sidewalk Vendor remains in place for one (1) hour or longer, the Sidewalk Vendor must be located within three hundred (300) feet of a publicly -accessible restroom. J. Sidewalk Vendors must ensure that Food and Merchandise are securely fastened to the Vending Cart in such a manner that the Food or Merchandise does not fall off or extend outside of the frame of the Vending Cart. K. All Food and Merchandise shall be stored either inside or affixed to the Vending Cart or carried by the Sidewalk Vendor. L. Vending Carts shall not be placed on any public property other than a Sidewalk. 18 M. Vending Carts shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to poles, signs, trees, lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans or traffic barriers, or other objects on public property or in the public right-of-way. P. All signage and advertising related in any way to the Sidewalk Vendor must be attached to the Vending Cart or the Sidewalk Vendor's person, and shall.not be electrical, flashing, wind -powered or animated. Q. A Vending Cart approved by the Riverside County Department of Environmental Health to Vend one type or types of Food may not be used to Vend a different type of Food. R. Sidewalk Vendors shall possess at all times, while Vending, a copy of a valid current permit issued pursuant to this Chapter, as well as any other permit required by any other appropriate governmental agency. The Sidewalk Vendor permit shall be displayed conspicuously at all times on the Vending Cart or the Sidewalk Vendor's person. If multiple Sidewalk Vendors are staffing a Vending Cart or working as Roaming Sidewalk Vendors, each person shall wear their permit on their person in a conspicuous manner. With respect to all other required permits, the Sidewalk Vendor shall display a copy of the permit upon request by authorized City employees. S. If a Sidewalk Vendor of Food, the Vendor shall possess and display in plain view on the Vending Cart a valid current Mobile Food Facility permit from Riverside County Department of Public Health and, if issued by the Riverside County Department of Environmental Health, a grade. T. Sidewalk Vendors shall comply with all applicable state and local laws, as amended from time to time, including without limitation, Chapter 9.02 (Noise Control) of the Municipal Code, Chapter 9.36 (Panhandling, Soliciting and Aggressive Solicitation the Municipal Code (Aggressive Solicitation), Chapter 8.04 (Food Handlers) of the Municipal Code, applicable California Health and Safety Code and Riverside County Ordinances, state Food labeling and preparation requirements, fire codes and regulations, and the Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards (both state and federal). U. Not including an attached litter receptacle, Vending Carts shall not exceed a length of four (4) feet, a width of four (4) feet, or a height, including a roof, umbrella, or awning, of ten (10) feet provided that any umbrella or awning shall be no less than seven (7) feet above the surface of the Sidewalk. V. Vending Carts shall not be accompanied by accessories, including, but not limited to, tables, chairs, benches and umbrellas except that one chair and one umbrella may be provided for the purpose of allowing the Vendor or an employee to be seated in shade. W. Vending Carts for Merchandise, if stored in the City, shall be fully. enclosed by a structure with walls and a roof when not in use for Sidewalk Vending. X. Vending Carts for Food shall be stored in accordance with all requirements of the Riverside County Department of Public Health and the City's Health Department. 19 Y. Vending Carts shall have locking wheels to prevent uncontrolled movement. Z. Vending Carts shall not be left unattended. AA. Vending Carts shall not be left overnight on any public property or rights -of -way. BB. Sidewalk Vendors shall not engage in any of the following activities: 1. Vending lottery tickets, alcohol, cannabis, adult oriented material, or tobacco or electronic cigarette products; 2. Vending illegal or counterfeit Merchandise; 3. Damaging public or private property, including trees, shrubs, grass, flowers, plants or vegetation; 4. Causing vehicles to stop in traffic lanes or persons to stand in traffic lanes or parking spaces; or 5. Vending in a manner that blocks or obstructs the free movement of vehicles, including Parked vehicles. 5.66.160 - Administrative Citations. A. In accordance with Government Code section 51039, a violation of this Chapter by a Sidewalk Vendor who has a valid current permit issued by the City pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following: 1. One hundred dollars ($100) for a first violation. 2. Two hundred dollars ($200) for a second violation within one year of the first violation. 3. Five hundred dollars ($500) for each additional violation within one year of the first violation. 4. The City may revoke a permit issued to a Sidewalk Vendor for the term of that permit upon the fourth violation or subsequent violations. B. In accordance with Government Code section 51039, a violation of this Chapter by a person engaged in Sidewalk Vending without a valid current permit issued pursuant to this Chapter is punishable only by an administrative citation, in amounts not to exceed the following, in lieu of the amounts set forth in paragraph A: 20 1. Two hundred fifty dollars ($250) for a first violation. or his or her 2. Five hundred dollars ($500) for a second violation within one year of the 3. One thousand dollars ($1,000) for each additional violation within one year of the first violation. designee. first violation. 4. Upon proof of a valid permit issued by the City pursuant to this article, the administrative citations set forth in this paragraph shall be reduced to the amounts set forth in paragraph A. 5. It shall constitute a new and separate offense for each and every hour during any portion of which a violation of, or failure to comply with, any provision or requirement of this Chapter is committed, continued, or permitted by any person. 6. A violation of this Chapter shall not be punishable as an infraction or misdemeanor and a person alleged to have violated any provision of this Chapter shall not be subject to arrest except when permitted under law. Further, failure to pay an administrative citation issued pursuant to this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall not be assessed. 7. When assessing administrative citations pursuant to this Chapter, the administrative hearing officer shall take into consideration the person's ability to pay the fine. The administrative hearing officer shall provide the person with notice of his or her right to request an ability -to -pay determination and shall make available instructions or other materials for requesting an ability -to -pay determination. The person may request an ability -to -pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program. 8. If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the City shall accept, in full satisfaction, twenty percent (20%) of an administrative citation imposed pursuant to this Chapter. 9. The administrative hearing officer may allow a person to complete community service in lieu of paying the total administrative citation, may waive the administrative citation, or may offer an alternative disposition." Section 5. Severabilitv. If any sentence, word, phrase, section or provision of this ordinance is held invalid by a court of competent jurisdiction, such provision shall be considered a separate, distinct and independent provision and such holding shall not affect the validity and enforceability of the other provisions of this ordinance. 21 Section 6. Publication and Certification. The City Clerk shall cause this ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, shall certify to the adoption of this ordinance, and shall cause this ordinance and certification, together with proof of publication, to be entered in the book of ordinances of the Council of this City. Section 7. Effective Date. This ordinance shall take effect thirty-one days after its adoption. NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont, California, approves an amendment to the City Code. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 6th day of August, 2019, by the following roll call vote: AYES: White, Lara, Carroll, Santos, Martinez NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 3rd day of September 2019. AYES: Lara, Santos, Martinez NOES: ABSENT: Carroll ABSTAIN: White Attest: in Steven Mehlman, City Clerk Approved as to form: Pinkne ity Attorney 22