El Monte Municipal Code Ch. 5.25 Use of Shopping and Laundry Carts

A. Business Permit Required. No business establishment which uses carts in its operations or which provides, or otherwise makes available, carts to its customers, may do so without a valid business permit issued by the Permit Committee in accordance with this chapter. Except as otherwise provided under this chapter, any such business permit shall remain valid for a period of two (2) years from the date of its issuance.

B. Submission of Application; Other Communications. Business permit applications and other material required under this chapter shall be submitted to the Permit Committee care of the El Monte License and Treasury Division. All other reports or communications which must be provided to the Director and/or the Permit Committee pursuant to this chapter shall be sent to both the Director and the Permit Committee care of the El Monte License and Treasury Division.

C. Any application for a business permit issued under this chapter shall be accompanied by the payment of administrative fees to recover the cost to the City of processing, reviewing and approving business permit applications issued under this chapter; as well as the cost of reviewing, approving, administering and enforcing cart containment plans required under this chapter. Such fees may be established and from time to time amended by City Council resolution, provided the amount of such fees reasonably approximates the cost of the service, function or task performed by the City.

(Ord. 2704 §§ 1, 15 (part), 2007; Ord. 2691 § 2 (part), 2007)

A. Plan Required. Any business establishment that applies for a business permit under this chapter shall be required to submit a proposed cart containment plan along with its application. No business permit may be issued unless and until the Permit Committee approves a finalized cart containment plan for the business establishment. No business establishment may begin to use carts in its operations or otherwise provide, or make available, carts to its customers sooner than any time frame set forth in the approved cart containment plan. Except as otherwise provided under this chapter, any cart containment plan approved by the Permit Committee shall remain valid for a period of two (2) years from the date of issuance of the business permit to which it corresponds.

B. Renewals. An application to renew a business permit and a corresponding cart containment plan shall be filed and processed in the same manner as an application for a new business permit and the submission of an initial proposed cart containment plan.

C. Commencement of Application Process. The Permit Committee shall commence with the acceptance of business permit applications and proposed cart containment plans no sooner than ninety (90) days from the effective date of the ordinance which initially codifies this chapter. Within six (6) months from the effective date of this chapter, all business establishments using carts in their operations or which otherwise provide or make available carts to their customers shall be required to possess a valid business permit issued pursuant to this chapter and shall also be required to comply with the terms of a corresponding and duly approved cart containment plan.

(Ord. 2704 §§ 2, 15 (part), 2007; Ord. 2691 § 2 (part), 2007)

A. Basic Elements of Plan. At a minimum, all cart containment plans (whether proposed or approved) shall include the following basic elements which shall mandate the implementation of specific measures and practices that address the issue of cart containment as follows:

1. Up-to-Date Contact Information. The cart containment plan shall (i) state the name, physical address and on-site telephone number (and fax number, if available) of the business establishment; (ii) the name of the person(s) having a controlling ownership interest in the business establishment as well as the business address, telephone number (and fax number, if available) of the same; and (iii) if applicable, the name, business address, telephone number and fax number of any cart retrieval service contracted to retrieve carts for the business establishment. The business establishment shall be required to notify the Director and the Permit Committee in writing within seven (7) calendar days of the date any of the information required under this subsection (A)(l) of this Section changes.

2. Cart Inventory; Compliance with Mandatory Cart Signage Requirements. The cart containment plan shall include a complete inventory of all carts located on the premises whether owned by, furnished to, or otherwise used by the business establishment in its operations. Each such cart shall be identified by serial number of such other numbering system as may be employed by the business establishment. The cart containment plan shall identify those measures that must be, or have been, undertaken by the business establishment to comply with the mandatory cart signage requirements set forth under Section 8.54.040 (Mandatory Cart Signage) of Chapter 8.54 of this code and shall require that any cart owned by, furnished to, or otherwise used by the business establishment comply with these requirements. If full compliance with the signage requirements is not complete as of the date the containment plan is approved, the plan shall set forth a time frame for full compliance not to exceed ninety (90) calendar days from the date of approval. No later than the tenth (10th) day of each calendar month following the approval of a cart containment plan, the business establishment shall be required to provide the Director and the Permit Committee with an updated inventory list identifying all carts which are no longer in its inventory, all new carts added to its inventory and all carts which remain in its inventory since the last reporting.

3. Notice to Customers. The cart containment plan shall require that written notice be provided to customers in English, Spanish and Mandarin Chinese stating that the unauthorized removal of carts from the premises is prohibited under the laws of the state of California and a violation of this code. Such notice may be provided in the form of flyers distributed on the premises, warnings printed on shopping bags or direct mail. In addition, the business establishment shall be required to place and maintain cart removal warning signs which meet all of the following minimum specifications: (i) meet or exceed eighteen (18) inches in width and twenty-four (24) inches in height; (ii) using block lettering not less than one-half inch in width and two (2) inches in height, contain a statement in English, Spanish and Mandarin Chinese, warning that the unauthorized removal of carts from the premises, or possession of a cart in a location other than the premises, is a violation of the laws of the state of California and this code; and (iv) be conspicuously affixed to an interior wall of the building in which the business establishment is located or permanently and prominently displayed within two (2) feet of all building entrances and exits. The cart containment plan shall detail the specific means by which the business establishment shall comply with this element.

4. Daily Cart Confinement. All carts located on the premises of the business establishment (other than an establishment open for business twenty-four (24) hours per day) shall be collected at the end of each business day by employees of the business establishment and shall be collectively confined in a secure manner at the cart confinement area on the premises as designated in the cart containment plan until the commencement of the next business day. All carts located on the premises of any business establishment open for business twenty-four (24) hours per day, other than carts then currently in use by a customer, shall be collected by employees of the retail establishment and returned to the designated cart confinement area on the premises at least twice per calendar day between the hours of one p.m. and five p.m. and the hours of eight p.m. and one a.m. for each day the business establishment is open for business. The provisions of this element shall not apply to carts which are physically confined within an enclosed building. The cart containment plan shall set forth the means by which the business establishment shall comply with the provisions of this element.

5. Retrieval from Immediate Vicinity of Premises. The business establishment shall designate employees in sufficient number to assure that all public streets and sidewalks immediately abutting the outer perimeter of the premises are patrolled no less often than once every six (6) hours. Each cart found as a result of such patrols shall be immediately retrieved by the business establishment so as to prevent it from blocking sidewalks or rolling onto streets. The cart containment plan shall identify the areas to be patrolled as required by this element; the number of personnel designated to undertake such patrols; the manner, frequency and times of such patrols; and the procedures to be employed by the business establishment to identify and retrieve any lost, stolen or abandoned carts. The cart containment plan shall require that the business establishment maintain a daily log indicating the time and frequency of such patrols and the names of the person undertaking such patrols on behalf of the business establishment. Each daily log shall be maintained by the business establishment for a minimum of three (3) years and shall be made available for inspection and copying within forty-eight (48) hours following any oral or written request for inspection and copying by the Director or the Permit Committee.

6. Employee Training. The business establishment shall implement and maintain a periodic training program for its new and existing employees designed to educate such employees concerning the requirements of the cart containment plan and the provisions of state law prohibiting the unauthorized removal of carts from the premises of a business establishment. The cart containment plan shall describe the elements of the employee training program.

7. Retrieval Personnel. Each business establishment shall provide personnel for purposes of the retrieval of lost, stolen or abandoned carts. Such personnel may be either employees of the business establishment or one or more independent contractors hired by the business establishment to provide cart retrieval services, or a combination of both. The cart containment plan shall either (i) identify the number of employees assigned to cart retrieval duties, the number of total hours per week that each assigned employee will perform such services (in addition to any on-premises retrieval duties to which such employee may be assigned), and the training each such personnel has received or will receive concerning the retrieval of lost, stolen or abandoned carts; or (ii) include a copy of each contract with a cart retrieval service. For purposes of this Section, those identified in the cart containment plan as providing cart retrieval services, shall be referred to in this Section as "retrieval personnel." The business establishment shall provide written authorization to all retrieval personnel which authorization shall be carried by each such person while performing cart retrieval services on behalf of the business establishment and shall be provided to any enforcement personnel upon request. Each vehicle used by retrieval personnel shall bear conspicuous signs on the vehicle identifying either the name of the business establishment for which such retrieval service is being performed or, if applicable, the name of the cart retrieval service with which the retail establishment has contracted for such service. The cart containment plan shall set forth the means by which the business establishment shall comply with this element.

8. Physical Containment Measures. The cart containment plan shall identify all such physical containment measures installed or otherwise employed by the business establishment in compliance with Section 17.60.060 of this code. Each business establishment shall maintain all such physical containment systems, devices and/or equipment in good working order. All such physical containment measures must remain in operation at all times. With respect to containment systems involving wheel locking or stopping mechanisms used in conjunction with an electronic or magnetic barrier, such systems may be rendered temporarily inoperable by the business establishment for the limited purpose of undertaking scheduled repairs and/or maintenance, provided that the city is given at least three (3) business days prior written notice of such work and provided such notice also includes the approximate times at which the system shall be rendered inoperable and the estimated time in which all such work shall be completed. All such repairs and maintenance shall be completed within seven (7) calendar days from the estimated date of completion. During any period in which the system is inoperable regardless of the cause, the business establishment shall dispatch employees or security guards to deter or stop customers from removing carts from the premises.

B. Compliance Required. Each business establishment subject to this Section shall comply with the terms, conditions and requirements of this Section, its approved cart containment plan and the underlying business permit to which the cart containment plan corresponds.

(Ord. 2691 § 2 (part), 2007; Ord. 2704 §§ 3, 14 (part), 15 (part), 2007; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. Submission of Plan. Upon the filing of a complete and accurate application for a business permit along with the submission of a complete proposed cart containment plan and upon the receipt of any required processing fee, the Permit Committee shall have sixty (60) calendar days to review and analyze the application and the proposed cart containment plan; and schedule a public hearing on the matter.

B. Committee Options. The applicant-business establishment shall bear the burden of providing sufficient documentation and exhibits to allow the Permit Committee to render a decision upon the application and the proposed cart containment plan. In rendering a decision the Permit Committee may:

1. Approve the cart containment plan as proposed by the business establishment and approve the underlying business permit;

2. Deny the cart containment plan as proposed by the business establishment and deny the underlying business permit;

3. Approve a cart containment plan that modifies or amends the conditions, requirements, performance deadlines and/or measures contained in the proposed plan and approve the underlying business permit subject to such modifications and/or amendments; or

4. Continue the approval proceedings in its own discretion for a period not to exceed fifteen (15) calendar days so that the Permit Committee may obtain or receive additional information relevant to its final disposition on the matter or so that the applicant may modify or amend its proposed cart containment plan in an attempt to address issues and concerns raised by the Permit Committee. Such proceedings may be continued for a period not to exceed thirty (30) days with the consent of the applicant which consent must be stated verbally by the applicant or its representative at the hearing prior to the making of a motion for a continuance.

The decision of the Permit Committee shall be made in writing and notice thereof shall be transmitted to the business establishment by the United States Postal Service, first-class mail, postage prepaid, or by personal delivery or fax transmission. If the application and/or the proposed cart containment plan is denied, the notice of decision given to the business establishment shall state the grounds upon which the proposed cart containment plan was denied. A decision of the Permit Committee may be appealed by the business establishment in the time and manner provided in Section 5.25.060 (Appeals) of this chapter.

C. Substantial Evidence. The decision of the Permit Committee shall be supported by substantial evidence and shall be based on (i) the information contained in, or submitted with, the application and the proposed cart containment plan; (ii) the written reports or other communications of City staff presented to the Permit Committee at or before the hearing; (iii) such other written documentation as may be presented by the applicant, City staff, the Los Angeles County Fire Department or members of the general public at or before the hearing; (iv) the personal observations of the Permit Committee members, provided the applicant, at a minimum, is given an opportunity to verbally rebut or otherwise challenge such observations; and (v) the oral testimony, statements and/or reports of the applicant, the applicant's representative(s), City staff, members of the Permit Committee, and/or members of the general public.

D. Relevant Factors. In rendering any decision on an application, a cart containment plan or a renewal of either, the Permit Committee may consider the: (i) the effectiveness or ineffectiveness of a previously approved cart containment plan in reducing the number of carts removed from a premises; (ii) the proximity of the business establishment to schools, parks or other locations in the city where children regularly congregate; (iii) the proximity of the business establishment to major roadways or pedestrian rights-of-way where stray or abandoned carts are likely to cause injury or impediment; (iv) the business establishment's history of compliance under previously approved business permits and/or cart containment plans; (v) the physical and/or aesthetic compatibility of a proposed cart containment plan and measures employed thereunder with the size, shape or approved design and/or approved use of a premises; and/or (vi) whether the use of carts at the premises or the use of carts in the manner contemplated under a proposed cart containment plan will be inimical to, or will jeopardize the preservation of the public peace, safety or welfare.

(Ord. 2704 §§ 14 (part), 15 (part), 2007; Ord. 2691 § 2 (part), 2007)

A. An approved business permit may be revoked by the Permit Committee upon any of the following grounds:

1. The owner of the business establishment is operating, or is permitting the operation of, the business establishment in violation of one or more of the provisions of the approved cart containment plan and has failed to correct said violation(s) within a period of fifteen (15) calendar days following the date of receipt of written notice of such violation(s) from the city; or

2. The owner of any business establishment with an approved cart containment plan is operating, or is permitting the operation of, the retail establishment in violation of one or more of the requirements of this chapter, Chapter 8.54 or Section 17.10.140 of this code and has failed to correct said violation(s) within a period of fifteen (15) calendar days following the date of receipt of written notice of such violation(s) from the city.

B. Order to Show Cause. If at any time following the issuance of a business permit and the approval of a cart containment plan, the Permit Committee obtains information or evidence that any of the grounds set forth in subsection A of this Section, above, may exist, the Permit Committee shall issue a written order to show cause as to why the business permit should not be revoked and schedule a hearing thereon which hearing shall not be less than fifteen (15) calendar days nor more than thirty (30) calendar days following the date such order to show cause is received by the business establishment. The order to show cause shall state the grounds upon which it is proposed to revoke the approved business permit and shall include the information and evidence, or a summary thereof, upon which such order to show cause was issued.

C. Notice of Hearing. Notice of the hearing on any order to show cause issued pursuant to this Section.

D. Conduct of Hearing. The hearing to consider revocation of a business permit shall be conducted informally and the legal rules of evidence shall not be applicable. The owner or designated representative of the business establishment and the city shall each have the opportunity to present evidence and witnesses in support of or in opposition to the contemplated revocation. The parties may each be represented by legal counsel or other representatives of their choice. The city shall bear the burden of proof to establish, by a preponderance of the evidence, that grounds exist to revoke the business permit. The Permit Committee, in its discretion, and as an alternative to revocation, may consider amendment of the cart containment plan if the grounds for the order to show cause are due solely to the inadequacy of the approved cart containment plan.

E. Decision of the Permit Committee. Within thirty (30) calendar days following the conclusion of the hearing, the Permit Committee shall render its decision in writing either dismissing the proceedings or revoking the business permit or dismissing the proceedings subject to amendment of the cart containment plan. If the business permit is revoked or the cart containment plan amended, the decision shall specify the findings of fact and the reasons for such action. If the cart containment plan is amended, the decision of the Permit Committee shall also specify the amendments to the cart containment plan.

F. Appeal of Decision. Any decision of the Permit Committee to revoke a business permit or amend a cart containment plan shall be subject to appeal by the business establishment within the time and in the manner specified in Section 5.25.060 of this chapter. In the absence of a timely appeal, the decision of the Permit Committee shall be final and conclusive.

G. Use of Shopping Carts Following Revocation Prohibited. No business establishment subject to the requirements of this chapter shall provide or make available carts for use by its customers or otherwise use carts in its operations following the date of any decision revoking a business permit unless and until a new business permit and cart containment plan is approved by the Permit Committee for such business establishment. Notwithstanding any other provision of this chapter, a business establishment shall not be eligible to submit a new application for a business permit and new proposed cart containment plan for processing for a minimum of one hundred eighty (180) days following the date any decision revoking the prior business permit for such business establishment becomes final. Any new application for a business permit submitted to the city for such a business establishment during said one hundred eighty-day period shall be returned to the business establishment as untimely.

(Ord. 2691 § 2 (part), 2007; Ord. 2704 §§ 4—7, 14 (part), 15 (part), 2007; Ord. No. 3023, § 4.C(Exh. C), 5-2-2023)

A. Filing of Appeal. Any business establishment aggrieved by any adverse decision of the Permit Committee pursuant to this chapter may appeal such decision to the City Council within ten (10) calendar days following the date of giving of notice of such decision by filing with the City Clerk a written notice of appeal specifically stating and enumerating the issues appealed. Such appeal shall be deemed filed on the date the appeal is actually received in the office of the City Clerk accompanied by an appeal processing fee in such an amount as may be established and from time to time amended by City Council resolution. No appeal shall be accepted for filing and processing by the City Council unless accompanied by any applicable appeal processing fee.

B. Notice of Hearing. If the appeal is timely filed, the City Clerk shall notify the City Council and the Permit Committee of such timely filing. The City Council shall then have fifteen (15) days to designate a Hearing Officer by resolution. The designated Hearing Officer shall thereafter cause the matter to be set for hearing which hearing date shall be held within sixty (60) calendar days following the date of receipt of such notice of appeal. The appellant shall be provided not less than ten (10) calendar days' written notice of the date, time and place of the hearing.

C. Conduct of Hearing. The hearing shall be conducted informally and the legal rules of evidence shall not be applicable. The parties may each be represented by legal counsel or other representatives of their choosing. No additional evidence or argument shall be received or considered following the conclusion of the hearing except as may be agreed to by stipulation of the parties.

D. Decision by Hearing Officer.

1. Time Period for Decision. The Hearing Officer shall render a decision on the appeal and adopt findings of in support of such decision within thirty (30) calendar days following the conclusion of said hearing.

2. Application Appeal. If the business establishment appeals all or any portion of a decision rendered pursuant to Section 5.25.040 (Plan Submission and Disposition), the Hearing Officer shall determine whether or not the decision or portion thereof that is the subject of the appeal was supported by substantial evidence and/or based on factors relevant to the approval, denial or conditional approval of an initial application or renewal of a business permit and its corresponding cart containment plan. The Hearing Officer's decision shall be based upon all evidence, documentation, testimony and other information presented to the Permit Committee in accordance with Sections 5.25.040(C) and (D) of this chapter; the written appeal of the business establishment; the written argument, points and/or authorities of the parties submitted in support of or in opposition to the appeal; the oral argument of the parties at the hearing; and such additional evidence and/or testimony as may be introduced by stipulation of the parties. The Hearing Officer shall not consider or rule upon any issue not raised by the business establishment in its appeal. Any written argument, points and/or authorities in support of, or in opposition to, the appeal shall be submitted to the Hearing Officer care of the City Clerk no later than ten (10) calendar days prior to the date of the scheduled appeal hearing. In rendering a decision, the Hearing Officer may uphold, reverse and/or modify the decision of the Permit Committee.

3. Revocation Appeal. If the business establishment appeals all or any portion of a decision rendered pursuant to Section 5.25.050 (Revocation of Business Permit), the Hearing Officer shall determine whether or not the decision was supported by a preponderance of evidence presented to the Permit Committee. The Hearing Officer's decision shall be based upon all evidence, documentation, testimony and other information presented to the Permit Committee in accordance with the proceedings set forth under Section 5.25.050 of this chapter; the written appeal of the business establishment; the written argument, points and/or authorities of the parties submitted in support of or in opposition to the appeal; the oral argument of the parties at the hearing; and such additional evidence and/or testimony as may be introduced by stipulation of the parties. The Hearing Officer shall not consider or rule upon any issue not raised by the business establishment in its appeal. Any written argument, points and/or authorities in support of, or in opposition to, the appeal shall be submitted to the Hearing Officer care of the City Clerk no later than ten (10) calendar days prior to the date of the scheduled appeal hearing. In rendering a decision, the Hearing Officer may uphold, reverse and/or modify the decision of the Permit Committee.

E. Decision is Final. The decision of the Hearing Officer shall be final and conclusive on the date said decision is deemed given to the appellant.

(Ord. 2704 § 15 (part), 2007; Ord. 2691 § 2 (part), 2007)

A. Notices. Any notice, decision or written communication issued by Hearing Officer, the Permit Committee or any other official, officer or employee of the city which is required under this chapter shall be conclusively deemed received by the recipient on the date of personal service or three (3) consecutive days following deposit of the same in the United States Mail, certified and properly addressed. In the event contact information for a cart owner or a business establishment changes, the cart owner or business establishment, whichever the case may be, shall provide the Permit Committee with an update within three (3) business days of said change. Such updated contact information shall be sent to the Permit Committee care of the El Monte License and Treasury Division.

B. Deadline Dates. If any deadline date set forth under this chapter falls on a date in which the City of El Monte is not open for business, the deadline date shall be extended to five-thirty p.m. of the next day in which the City of El Monte is open for business.

(Ord. 2704 §§ 14 (part), 15 (part), 2007; Ord. 2691 § 2 (part), 2007)

Except as otherwise provided under this chapter, the defined terms set forth under Section 8.54.100 (Definitions) of Chapter 8.54 (Abandoned Carts - Retrieval and Impoundment) shall have the same meaning when used in this chapter.

(Ord. 2691 § 2 (part), 2007)