Avenal Municipal Code Ch. 12 Street, Sidewalk and Itinerant Vendors

Sections: 5-12.01 Purpose and intent. 5-12.02 Application of general provisions. 5-12.03 Definitions. 5-12.04 License required for street vendors. 5-12.05 Exceptions to license requirement. 5-12.06 Application—Form. 5-12.07 Investigation of applicant. 5-12.08 Form of license. 5-12.09 License fees. 5-12.10 Exceptions to license fees. 5-12.11 Posting and keeping of license. 5-12.12 Display of name of licensee. 5-12.13 Expiration of license. 5-12.14 Renewal of license. 5-12.15 Hours of business. 5-12.16 Nuisances. 5-12.17 Violations. 5-12.18 Enforcement. 5-12.19 Seizure of goods. 5-12.20 Return of goods. 5-12.21 Disposition of goods. 5-12.22 Revocation of license. 5-12.23 Hearing on revocation of license. 5-12.24 Appeals.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 27 5-12.01 Purpose and intent. The City Council finds and declares that unlicensed street, sidewalk and itinerant vendors ("street vendors") pose a health and safety risk to the City and its citizens due to the possibility of improper handling and packaging of food, the potential for contamination and spoliation, the sale of defective products and goods which are potentially harmful to the buyer, the perpetration of fraudulent and deceitful business practices and the risk of harm by imposters posing as street vendors. The purpose of this chapter is to require licensing and supervision of street vendors and to set reasonable time, manner and place regulations on street vending as required for the public health and safety. (Ord. 96-05 § 1 (part), 1996) 5-12.02 Application of general provisions. Unless the provisions of this chapter otherwise provide, all of the provisions of Title 3, Chapter 1, of the Avenal Municipal Code, relating to business licensing, are applicable to the licenses referred to in this chapter. (Ord. 96-05 § 1 (part), 1996) 5-12.03 Definitions. The following words and phrases, as used in this chapter, shall have the following meanings: (a) The phrase "street vendor" shall mean and include peddlers, hawkers, sidewalk vendors and other itinerant merchants and transient vendors and shall refer to a person who travels about selling previously fabricated or prepared food, produce, goods or wares for contemporaneous delivery. (b) The phrase "previously fabricated or prepared" means manufactured, prepared, raised or otherwise produced in final form at an established place of business. (c) The phrase "established place of business" refers to a geographically fixed location. (d) The word "vehicle" includes, but is not limited to, any conveyance moved by human, animal, mechanical or motor power. (e) The term "street vendor" does not apply to salespeople who solicit orders from or sell to dealers for resale or to manufacturers for manufacturing purposes or to bidders for public works or supplies. (Ord. 96-05 § 1 (part), 1996) 5-12.04 License required for street vendors. Any person engaging in, or vehicle used in, the business of a street vendor shall have a valid license to engage in or be used in such business. (Ord. 96-05 § 1 (part), 1996) 5-12.05 Exceptions to license requirement. This chapter shall not apply to any of the following persons: (a) Any street vendor who has an established and properly licensed place of business in the county at which the food, produce, goods or wares sold are produced, prepared, displayed, or sold, or the employees of such street vendors.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 28 (b) Any farmer who sells produce owned and grown or raised by himself or herself, or any of such farmer's employees who sell such produce on the farmer's behalf. (c) Any bona fide charitable, patriotic, educational, benevolent or fraternal organization that engages in the street vending business if the proceeds from such business, above normal expenses, are to be used exclusively in carrying out the purposes of the organization. (d) Any commercial traveler selling food, produce, goods or wares on a wholesale basis. (Ord. 96-05 § 1 (part), 1996) 5-12.06 Application—Form. The application for a license shall contain the information required by Section 3-1.10 of Title 3, Chapter 1, of the Avenal Municipal Code, with the addition of the following information: (a) Name and description of the applicant; (b) Permanent home address and full local address of the applicant; (c) A brief description of the nature of the business and the goods to be sold; (d) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (e) A statement as to whether the applicant has been convicted of any crime or misdemeanor, other than traffic violations, and the nature of the offense and the punishment or penalty assessed therefor; (f) A description of all vehicles that will be used in the street vending business for the conveyance of food, produce, goods or wares. The description shall include the license and registration numbers of any motorized vehicle, advertising or business markings on the exterior of each vehicle, and the capacity and nature of storage facilities within each vehicle; (g) A description of the geographic area where the business will take place; and (h) The address of the location where the food, produce goods or wares proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such food, produce, goods or wares are located at the time said application is filed, and the proposed method of delivery. (Ord. 96-05 § 1 (part), 1996) 5-12.07 Investigation of applicant. (a) Immediately upon receipt of such application and upon payment of a fee of twenty-five dollars ($25.00), the City Clerk shall transmit such application to the appropriate City employee, For the purpose of investigation applications filed under this chapter, the City employee duly designated shall serve as the sole investigating officer. (b) Within thirty (30) days after receipt of the application, the City employee duly designated shall investigate, determine and report to the City Clerk whether the applicant is of good character and business responsibility and whether operation of the proposed business will comply with the applicable food, health, safety and sanitation laws, ordinances and regulations. As part of this investigation, the applicant shall bring all vehicles described in Section 5-12.06(f) of this chapter to a location designated by the City employee for inspection. (c) By filing an application, the applicant shall be deemed to have waived any and all objections to, and to have thereby authorized, any and all investigations concerning their business history, past employment, and property ownership.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 29 (d) The investigating City employee may require the applicant to be fingerprinted and/or photographed by the Avenal Police Department. (e) If the investigating City employee finds that the applicant is not of good character or business responsibility, the City Clerk shall refuse to issue a license unless thereafter instructed to issue the same by the City Council after appeal to the City Council by the applicant pursuant to Section 5- 12.24. (Ord. 96-05 § 1 (part), 1996; Res. No. 2010-64, 10-28-2010) 5-12.08 Form of license. A license shall contain the information required by Section 3-1.09 of Title 3, Chapter 1, of the Avenal Municipal Code, and in addition shall contain the following information: (a) A description, including license and registration numbers for motorized vehicles, of each vehicle authorized by the license to be used in the street vending business; (b) The name, description, and current address of the licensee; (c) A statement that the license applies only to the person whose name appears on the face of the license. (Ord. 96-05 § 1 (part), 1996) 5-12.09 License fees. The annual license fee shall be two hundred fifty dollars ($250.00) plus an additional fee of one hundred dollars ($100.00) for each vehicle proposed to be used by licensee. The City Clerk shall issue a separate license in the name of the licensee for each vehicle for which an additional license fee has been paid pursuant to this section. (Ord. 96-05 § 1 (part), 1996) 5-12.10 Exceptions to license fees. A license under this chapter shall be issued without payment of a license fee to any honorably discharged soldier, sailor, or marine of the United States. Also, for cause deemed sufficient, the City Council may waive the payment of the license fee. (Ord. 96-05 § 1 (part), 1996) 5-12.11 Posting and keeping of license. The provisions of Title 3, Chapter 1, Section 3-1.18 of the Avenal Municipal Code shall apply to a license issued pursuant to this section. In addition, street vendors required to have a license are required to exhibit such license at the request of any citizen or peace officer. (Ord. 96-05 § 1 (part), 1996) 5-12.12 Display of name of licensee. It is unlawful for any licensee to use, or allow to be used, any vehicle in the street vending business, unless the exterior of such vehicle shall bear, on both sides thereof, in contrasting letters not less than three (3″) inches in height, identifying information including the name, address and telephone number of the owner, operator or business.

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 30 (Ord. 96-05 § 1 (part), 1996) 5-12.13 Expiration of license. All permits issued under the terms of this chapter shall automatically expire one year from the date of issuance. (Ord. 96-05 § 1 (part), 1996) 5-12.14 Renewal of license. Any person who holds a valid annual license issued under this chapter may file an application for renewal of said license by applying in writing to the City Clerk not sooner than sixty (60) days prior to, nor later than thirty (30) days prior to, the expiration date of the existing permit. The application for renewal shall be in the form prescribed by the City Clerk, and the applicant shall sign a statement, under penalty of perjury, that the facts set forth in the original application have not changed, except such changes as are set forth in the renewal application. Upon compliance with the provisions of this section and uponpayment of the prescribed license fee, the City Clerk shall issue a renewal license in the same manner as is provided for the original license. If a renewal application is not filed at least thirty (30) days prior to the expiration date of the existing license, the licensee shall file a new application under the provisions of this chapter and pay the required application fee. (Ord. 96-05 § 1 (part), 1996) 5-12.15 Hours of business. It is unlawful for any street vendor to sell, peddle, hawk, or vend any food, produce, goods or wares away from an established place of business between the hours of 9:00 p.m. of any day and 5:00 a.m. of the following day. (Ord. 96-05 § 1 (part), 1996) 5-12.16 Nuisances. Not having been requested or invited by the owner or occupant of a private residence so to do, the practice of going in and upon private residences in the City by street vendors to solicit orders for the sale of goods, wares, merchandise or services, or to dispose of, peddle or hawk goods, wares, merchandise or services is declared to be a nuisance. Such nuisance shall be punishable as an infraction as provided in Section 5-12.17 of this chapter and may be summarily abated by the City in a civil action. Each day such condition continues shall be a new and separate offense. (Ord. 96-05 § 1 (part), 1996) 5-12.17 Violations. Any person violating any of the provisions of this chapter shall be guilty of an infraction, which shall be punishable by a fine of two hundred fifty dollars ($250.00) for the first conviction and by an additional fine of two hundred fifty dollars ($250.00) for each and every subsequent conviction. A person shall be deemed guilty of a separate offense for each day during any portion of which a violation of this chapter is committed, continued or permitted by the person. (Ord. 96-05 § 1 (part), 1996)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 31 5-12.18 Enforcement. The Police Officers of the City shall enforce the provisions of this chapter and shall abate any nuisance as described in Section 5-12.16 of this chapter. Any peace officer may require any person who is required to have a license and who is seen vending within the city limits of the City of Avenal to produce his or her license and may enforce the provisions of this chapter against any person found to be violating the same. (Ord. 96-05 § 1 (part), 1996; Res. No. 2010-64, 10-28-2010) 5-12.19 Seizure of goods. Upon reasonable belief that a street vendor is in violation of Section 5-12.04 of this chapter, the street vendor's goods may be seized and retained by the appropriate City employee or any peace officer. The goods so seized shall be held at such place and in such manner as is reasonable under the circumstances, and until disposed of as provided in Section 5-12.21 of this chapter. The City employee duty designated or peace officer shall record the date and place of seizure and information pertaining to the person from whom the goods were seized, and to the extent practical, the quantity, type, condition and other information pertaining to the goods. (Ord. 96-05 § 1 (part), 1996) 5-12.20 Return of goods. The City employee duly designated or any peace officer may return goods seized pursuant to Section 5-12.19 upon receipt of proof of licensing pursuant to this chapter and upon receipt of proof of ownership of the goods. The City employee or peace officer may require reasonable payment, not to exceed the value of the goods, to cover costs incurred for storage of the goods. (Ord. 96-05 § 1 (part), 1996) 5-12.21 Disposition of goods. (a) If for any reason the goods cannot be released to the owner within forty-eight (48) hours after coming into custody of the designated City employee or peace officer, or for any shorter period of time that the City employee deems necessary in the case of perishable goods, the City employee may sell the goods by public auction or by private sale at fair market value. Prior to any such sale, the City employee shall determine that the sale of the goods will not impair the prosecution of any person who is or may be charged with a crime related to the goods. (b) All of the proceeds derived from the sale of the goods shall be held by the designated City employee for a period of not less than six (6) months, during which time the owner of the goods may submit satisfactory proof of licensing and ownership and obtain possession of the proceeds. The City employee may require the payment by the owner of an amount sufficient to cover the costs incurred for the storage and sale of the goods, in an amount not to exceed the value of the goods. If, after retention of the proceeds for a period of at least six (6) months, no demand is made or if proof of licensing and ownership is not supplied, the designated City employee shall deposit the proceeds of the sale of the goods in the general fund of the City of Avenal. (c) If any seized goods remain unsold after being offered for sale pursuant to this section, the designated City employee may dispose of the goods by donating them to a charitable organization or by turning the goods over to the City's refuse collector. (Ord. 96-05 § 1 (part), 1996)

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 32 5-12.22 Revocation of license. A license issued under the provisions of this chapter may be revoked by the City Council after notice and hearing, for any of the following causes: (a) Fraud, misrepresentation, or false statement contained in the application for license; (b) Fraud, misrepresentation, or false statement made in the course of carrying on the business of a street vendor; (c) Any violation of this chapter; (d) Conviction of any crime or misdemeanor involving moral turpitude; (e) Conducting the business of street vending in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a nuisance or a menace to the health, safety or general welfare of the public. (Ord. 96-05 § 1 (part), 1996) 5-12.23 Hearing on revocation of license. Notice of the hearing on revocation of a license shall be made in writing, setting forth specifically the grounds of revocation and the time and place of such hearing. Such notice shall be mailed, postage prepaid, to the licensee at his last known address or delivered to him personally at least thirty (30) days prior to the date set for hearing. (Ord. 96-05 § 1 (part), 1996) 5-12.24 Appeals. Any person aggrieved by the action of the investigating City employee or the City Clerk in failing to issue a license as provided in this chapter shall have the right to appeal to the City Council of the City of Avenal. Such appeal shall be taken by filing with the City Clerk within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address a written statement setting forth fully the grounds for the appeal. The City Council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the appellant in the same manner as provided in Section 5-12.23 for notice of hearing on revocation of license. The decision and order of the City Council on appeal shall be final and conclusive. (Ord. 96-05 § 1 (part), 1996) FOOTNOTE(S): --- (1) --- Editor's note— Prior ordinance history: 88-06 and 91-06 § 5. (Back)