Bakersfield Municipal Code Ch. 5.56 Transient Outdoor Businesses

Sections: 5.56.010 Definitions. 5.56.020 Permit required. 5.56.030 Application. 5.56.031 Issuance. 5.56.032 Fee. 5.56.040 Regulations. 5.56.050 Revocation. 5.56.060 Appeal.

• Prior ordinance history: Ords. 2845, 3457, 3763.

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:

“Business owner” means any person who engages in or operates a transient outdoor business (including on his, her or its own property) and shall be the applicant for the permit required in this chapter.

“Lessee,” unless otherwise qualified, means any person who is in lawful possession of the property.

“Manager,” unless otherwise qualified, means any person who is an employee or agent of the property owner or lessee charged with the responsibility of managing the site on the property where the business owner seeks to establish his, her or its transient outdoor business.

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

“Property,” unless otherwise qualified, means the property from which the business owner seeks to operate his, her or its transient outdoor business, or from which the transient outdoor business is operating.

“Property owner,” unless otherwise qualified, means any person who is the recorded owner of the property.

“Temporary business” means any business selling goods, except food vending vehicles as defined in Section 5.66.010 and sidewalk vendors as defined in Section 5.45.010, wares or merchandise fewer than one hundred twenty-one consecutive days entirely independent from a structure upon a permanent foundation in accordance with the requirements of Title 15 of this code.

“Transient outdoor business” means any temporary business within the city which hires, leases, uses, enters upon or occupies any property within the city. (Ord. 4956 § 1, 2018; Ord. 4866 § 1, 2016; Ord. 4774 § 1, 2014; Ord. 4607 § 1, 2009; Ord. 3916, 1999; Ord. 3806 § 1, 1997)

A. It is unlawful for any person to operate, maintain or conduct a transient outdoor business in the city in violation of this chapter, or without having a valid permit for each and every day of operation in accordance with the provisions of this chapter.

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 transient outdoor business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

C. Any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Title 15 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, promotional activities as set forth in Chapter 5.51 of this title, or any occasional sales of nonalcoholic beverages or foodstuffs by persons under the age of eighteen years adjacent to the residence of the person involved in such sales is exempt from the operation of this section. (Ord. 4607 § 2, 2009; Ord. 3916, 1999; Ord. 3806 § 1, 1997)

A. Completed applications for permits under this section shall be made on forms approved by the finance director or designee, shall be submitted no less than thirty days prior to commencement of the transient outdoor business, and shall be signed under penalty of perjury by the applicant. The permit application form 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
business owner and any operator of applicant’s business during the life of the permit;

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

3. The name and description of the type of the transient outdoor business, a description of the site on the
property, the anticipated commencement date, and the length of time during which such business shall be
conducted;

4. A current, valid, number and expiration date of a city business tax certificate for the transient outdoor
business:

5. Except when the city is the property owner or lessee, a written authorization signed and dated by the
current property owner, lessee, or manager, if other than the applicant, for the locating of the transient
outdoor business upon such owner’s, lessee’s or manager’s property. The application form shall additionally
require the property owner, lessee or manager to state:

a. A definite commencement date for entry not older than ninety days from the date of the
authorization, such commencement date expressed as a single day of a single month of a single year,

b. A definite termination date for entry expressed as a single day of a single month of a single year not
more than one hundred twenty-one consecutive days after the commencement date,

c. An automatic termination upon any transfer or assignment of interest in the property from the
authorizing property owner, or lessee, or upon any change of the authorizing manager,

d. A representation that the authorizing property owner, lessee or manager has not issued any other
authorizations for the same property for the same dates or overlapping dates of commencement or
termination.

B. The applicant shall attach to the application for permit 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.

C. The applicant shall deliver with the completed application form the appropriate fee.

D. An application for a transient outdoor business permit submitted without complete responses required by the form or the attachments described in this section shall be deemed incomplete and denied.

E. In lieu of completing the part of the application form responsive to subsection (A)(5) of this section requirements, applicant may submit a copy of a multi-year lease or license signed by the property owner, manager or lessee authorizing entry to the described site to the applicant if the lease or license also sets forth:

1. A definite commencement date expressed as a single day of a single month of a single year;

2. A definite termination date expressed as a single day of a single month of a single year. (Ord. 4774 § 2, 2014; Ord. 4216 § 1, 2004; Ord. 3916, 1999; Ord. 3806 § 1, 1997)

A. The finance director or designee shall issue a permit if it is determined:

1. That the application is complete and truthful;

2. That the permit application form, or written lease or license submitted pursuant to Section 5.56.030(E),
completely complies with the requirements of Section 5.56.030;

3. That neither the business owner nor any operator of the transient outdoor business has been convicted
of a crime substantially related to the qualifications, functions or duties of the business for which application
is made, unless he or she has obtained a certificate of rehabilitation;

4. That neither the business owner nor any operator of the transient outdoor business has done any act
involving dishonesty, fraud or deceit with the intent to substantially benefit him or herself or another, or
substantially injure another;

5. That operation of the proposed transient outdoor business at such location will not present any
substantial hazard to vehicular or pedestrian traffic;

6. That the location of the transient outdoor business is on the site of another operating business as to
which the transient outdoor business would be secondary in purpose;

7. That paved parking adequate for the purposes of the transient outdoor business exists at the proposed
site on the property;

8. That a valid business tax certificate has been issued for this transient outdoor business and will be in
effect during the entire life of the permit to be issued pursuant to this chapter;

9. That no permit issued to the same transient outdoor business or the same business owner pursuant to
this section has been revoked in the past three years, unless the finance director or designee finds that the
reasons for such revocation are unrelated to this application;

10. That the zone in which the transient outdoor business is proposed is appropriate, as set forth in
subsection E of Section 5.56.040;

11. That no more than one permit per site on the property per date exists;

12. That the appropriate fee has been paid;

13. That the entire business shall be contained and conducted within an area not to exceed four hundred
square feet.

B. The finance director or designee shall issue a transient outdoor business permit to a temporary business for the length of time requested in the application form not to exceed one hundred twenty-one consecutive days. The finance director or designee may issue a permit for a shorter period to mitigate impacts to vehicular or pedestrian traffic or parking space.

C. The finance director or designee shall enter the expiration date of the permit on the permit.

D. The finance director or designee may issue permits 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.

E. If all the requirements established in this section are not fulfilled, the finance director or designee shall deny the permit. The city shall mail notice of such denial to the business owner at the address stated on the application for the permit. (Ord. 4774 § 3, 2014; Ord. 4216 § 1, 2004; Ord. 4128 § 1, 2003; Ord. 3916, 1999; Ord. 3806 § 1, 1997)

The applicant shall pay a fee not to exceed the cost of processing any such application and inspecting such business as authorized in Chapter 3.70; provided, however, that the fee requirements of this chapter shall not apply to fundraising activities by schools and by bona fide charitable, fraternal, civic and social institutions. (Ord. 3916, 1999; Ord. 3806 § 1, 1997)

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 for the following:

1. For the applicant identified on such permit;

2. For the site on the property identified on such permit;

3. Until the earliest occurrence among the following events: the lapse of the expiration date stated on the
permit, the termination of the authorization required in subsection (A)(5)(b) of Section 5.56.030, the lapse of
the maximum consecutive days allowed by this chapter after the date of issuance of the permit, any transfer
or assignment of interest by the property owner or lessee or change of manager, or revocation of the permit
pursuant to Section 5.56.050.

C. The business owner shall inform the finance director or designee of any transfer of ownership or assignment of interest of the property, or any change of manager. Failure to so notify the city shall automatically terminate the permit.

D. Except as expressly permitted by and in accordance with the provisions of Chapter 12.44 of this code, the selling, offering to sell, advertising or displaying of merchandise on any street or sidewalk in the city is prohibited.

E. Transient outdoor businesses shall be permitted only in a C-2 zoning district or a zoning district less restrictive than C-2, 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 transient outdoor business is located no less than three hundred feet from the property line of any residence.

F. The business owner shall comply with all state and federal laws, and local ordinances.

G. The business owner shall not conduct any business on landscaped areas.

H. The business owner shall not provide or maintain any tables, chairs or any other dining facilities on the property.

I. The business owner shall not display any products for sale or advertisement on fences, walls, trees, signs, or any other permanent structure on the property.

J. The business owner shall provide waste receptacles for the business customers’ use. (Ord. 4607 § 2, 2009; Ord. 4216 § 1, 2004; Ord. 3916, 1999; Ord. 3806 § 1, 1997)

Any permit issued pursuant to this chapter may be immediately revoked by the finance director or designee whenever it is determined:

A. That misrepresentations were made on the application; or

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

C. That the business owner or any manager of the transient outdoor business 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 the permit or regulations under this chapter have been violated, or that the transient outdoor business has been operated in violation of local ordinance, state or federal law; or

E. That the transient outdoor business is interfering with the peace and quiet of the neighborhood; or

F. That the safety of persons or real or personal property requires such revocation; or

G. That due to circumstances changing during the life of the permit, one or more of the conditions for issuance of a permit under Section 5.56.031, is not being satisfied; or

H. That the property owner, or lessee transferred or assigned his, her or its interest in the property or the manager has been changed or the finance director or designee receives notification thereof; or

I. That the business owner, after learning of a transfer or assignment of an interest in the property or a change of manager failed to notify the finance director or designee within two days of learning of the transfer, assignment or change. (Ord. 4216 § 1, 2004; Ord. 3916, 1999; Ord. 3806 § 1, 1997)

A. Should any business owner be dissatisfied with any of the conditions attached to the issuance of a permit, or the decision of the finance director or designee to deny or revoke a permit then said business owner may, no later than ten days after notice of such decision is deposited in the United States mail, addressed to the business owner at the address provided on the application, make written objection to the city manager setting forth the grounds for dissatisfaction, whereupon the city manager shall hear such objections at a scheduled hearing. The business owner shall be given written notice no less than three days prior to such hearing. The city manager may, upon such hearing, sustain, suspend or overrule the decision of the finance director or designee, which decision shall be final and conclusive.

B. Pending the hearing before the city manager, the decision of the finance director or designee shall remain in full force and effect and any reversal thereof by the city manager shall not be retroactive but shall take effect as of the date of the city manager’s decision. (Ord. 4216 § 1, 2004; Ord. 3916, 1999; Ord. 3806 § 1, 1997)