Bakersfield Municipal Code Ch. 5.51 Temporary Promotional Activities

Sections: 5.51.010 Definitions. 5.51.020 Permit required. 5.51.030 Application—Issuance—Fee. 5.51.040 Regulations. 5.51.050 Revocation. 5.51.060 Appeal.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meanings:

A. “Person” means any individual, partnership, corporation or association of any nature whatsoever.

B. “Temporary business” means any business conducted entirely independently from a structure upon a permanent foundation in accordance with the requirements of Chapter 15.12 of this code.

C. “Small-scale entertainment” means any activity such as carnival rides or games which is incidental to and promotes a permanent business currently on the same premises.

D. “Temporary promotional activities” means any temporary business of selling pumpkins or Christmas trees within the city. It also means any temporary business offering small-scale entertainment on any property within the city. “Temporary promotional activities” does not include any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Chapter 15.12 of this code, any farmers’ market certified by the Kern County agricultural commissioner, any seller of fireworks, any food vendor operating a pushcart on a sidewalk as permitted in Chapter 5.45 of this title, or any occasional sales of beverages or foodstuffs by persons under the age of fifteen years adjacent to the residence of the person involved in such sales. (Ord. 3805 § 1, 1997; Ord. 3402 § 2, 1991)

A. It is unlawful for any person to operate, maintain or conduct any temporary promotional activities in the city in violation of this chapter, or without having first procured and maintained a valid permit from the city manager or designee.

B. No person shall be relieved from compliance with the provisions of this chapter merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary promotional activities in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. (Ord. 3805 § 1, 1997; Ord. 3402 § 2, 1991)

A. Applications for permits under this section shall be made on forms to be furnished by the city manager or designee, shall be submitted no less than thirty days prior to commencement of the activity, shall be signed under penalty of perjury by the applicant and shall require the following information:

1. The name, mailing address, title, telephone number, previously used names, date of birth, sex, height,
weight, eye color, hair color, driver’s license number, social security number and arrest record, if any, of the
applicant and of the persons having the management or supervision of applicant’s activity during the time
that it is proposed to be carried on in the city;

2. Prior permits held and whether such permits were ever revoked or suspended and the reasons therefor;

3. The name, location and description of the type of the activity, and the length of time during which it is
proposed that such activity shall be conducted; and

4. The business tax certificate number of the business operating the activity.

B. The application shall be accompanied by the following documents:

1. A plot plan drawn to scale, showing the location of utilities, improved parking areas, location of
permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available
source of potable water, sanitary facilities, and fire hydrants;

2. A written authorization from the owner of the location or person in lawful possession thereof, if other
than the applicant, for the locating of the activity upon his or her property.

3. Cash deposit in the sum of two hundred dollars, to be forfeited to the city in the event the permittee fails
to remove all merchandise, equipment and rubbish from the premises upon which the stand is located
before twelve noon on the day after the expiration date of the permit. The cash deposit shall be returned to
the applicant upon full performance of the requirements of this chapter.

4. Evidence, satisfactory to the city manager or designee, of: (1) general liability insurance providing
coverage on an occurrence basis for bodily injury, including death of one or more persons, property damage
and personal injury, with limits as required by the city; and (2) workers’ compensation, with statutory limits
and employers liability insurance with limits as required by the city. All policies required of the applicant
hereunder shall be primary insurance as to the city, its mayor, council, officers, agents, employees and
volunteers and any insurance or self-insurance maintained by the city, its mayor, council, officers, agents,
employees and volunteers shall be considered excess insurance, over and above the applicant’s insurance
and shall not contribute with it.

5. An agreement, signed by applicants, to save, hold harmless and indemnify the city, its officer, agents,
employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity
that may at any time arise from or is any way related to any work performed by applicant, his agents or
employees under the terms of any permit issued under this chapter;

C. The city manager or designee may, in his discretion, issue a permit if he finds:

1. That the application is complete and truthful;

2. That neither the applicant nor any manager of the business or activity has been convicted of a crime
substantially related to the qualifications, functions or duties of the business or activity for which application
is made, unless he has obtained a certificate of rehabilitation.

3. That neither the applicant nor any manager of the business or activity has done any act involving
dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure
another.

4. The activity for which the application is made will be maintained and conducted in accordance with all
local, state and federal laws.

5. That the zone in which the activity is proposed is appropriate, as set forth in subsection D of Section
5.51.040.

6. That operation of such activity at such location will not present any substantial hazard or impediment to
vehicular or pedestrian traffic.

7. That parking adequate for the purposes of the activity exists at the proposed location. The provisions of
Chapter 17.58 of this code may be waived only for seasonal sales of pumpkins and Christmas trees if it is
determined by the planning director that parking will be adequate during the period in which the temporary
promotional activities will take place.

8. That a valid business tax certificate has been issued for this business.

9. That the applicant has not had a permit, issued under this section, revoked, unless the city manager
finds that the reasons for such revocation are unrelated to this application.

D. All permits issued under this chapter shall be valid only as to the dates and times listed on the permit, unless a prior date is specified, or unless earlier suspended or revoked.

E. The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as authorized by Chapter 3.70; provided, however, that the fee requirements of this chapter shall not apply to fund-raising activities by schools and by charitable, fraternal, civic, religious and social institutions.

F. Permits may be issued with conditions to ensure that the business will be operated in a safe and legal manner, will not disturb the peace and quiet of the neighborhood and will not constitute an undue burden on city resources. (Ord. 3805 § 1, 1997; Ord. 3402 § 2, 1991)

A. No permit holder shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, alleys, parks or other public places.

B. Any permit issued pursuant to this chapter shall be nontransferable, and shall be valid only as to the applicant and location provided on the application for such permit.

C. Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the sale, offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited.

D. Promotional activities shall be permitted only in a C-1 zoning district or a zoning district less restrictive than C-1, unless located upon property owned and occupied by a church and/or school, which church or school is either a legal or legal nonconforming use of such property, and the promotional activity is located no less than three hundred feet (300’) from the property line of any residence.

E. An electrical permit must be obtained from the city building department prior to any electrical work.

F. If a toilet is not immediately available during all open or sale hours of the temporary promotional activities, then an approved chemical one must be provided.

G. All permits must be posted in a conspicuous place.

H. The permittee shall strictly comply with all federal, state and local laws.

I. All merchandise and equipment must be removed from the temporary location by noon on the day after the date the permit expires, and all accompanying litter shall be cleared from said location on or before said time.

J. Permits for the selling of Christmas trees, pumpkins or other seasonal sales shall remain valid for no more than thirty days. All other temporary promotional activity permits shall remain valid for no more than seven days. (Ord. 3805 § 1, 1997; Ord. 3402 § 2, 1991)

Any permit issued pursuant to this chapter shall be immediately revoked by the city manager or designee whenever he or she finds:

A. That misrepresentations were made on the application; or

B. That the applicant has been convicted of a crime substantially related to the qualifications, functions or duties of the business or activity for which application is made, unless he or she has obtained a certificate of rehabilitation; or

C. That the applicant has done any act involving dishonesty, fraud or deceit with the intent to substantially benefit him or herself or another, or substantially injure another; or

D. That any of the terms or conditions of said permit have been violated, or that the business has been operated in violation of local, state or federal law. (Ord. 3805 § 1, 1997; Ord. 3402 § 2, 1991)

A. Should any applicant be dissatisfied with the decision of the city manager or designee not to grant a permit or revoking a permit, then said applicant may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the applicant or permittee at the address provided on the application, make written objection to the city council setting forth the grounds for dissatisfaction, whereupon the council shall hear said objections at a regular meeting no later than three weeks following the filing of the objection with the city clerk. The applicant shall be given written notice no less than three days prior to said hearing. The council may, upon said hearing, sustain, suspend or overrule the decision of the city manager or designee, which decision shall be final and conclusive.

B. Pending the hearing before the council, the decision of the city manager or designee shall remain in full force and effect and any reversal thereof by the city council shall not be retroactive but shall take effect as of the date of the council’s decision. (Ord. 3805 § 1, 1997; Ord. 3402 § 2, 1991)