Moreno Valley Municipal Code Ch. 5.08 Activities Involving Outdoor Merchandising

As used in this chapter:

"Applicant"

means and includes each person who is expected to carry on outdoor retail activities, whether as owner, agent or employee of the business which will furnish the goods or services being sold or displayed or for which orders are being taken.

"Outdoor retail activities"

means the display or sale of, or taking of orders for, goods or services within the city, other than as a peddler or solicitor within the meaning of Chapter 5.10 of this title, and other than within a substantial building.

"Person"

means a domestic or foreign corporation, an association, a syndicate, a joint stock corporation, a partnership of any kind, a club, a Massachusetts, business or common law trust, a society or an individual.

(Ord. 135 § 1.1, 1987)

It is unlawful for any person, unless a special permit therefor has been issued by the business license officer, to use or occupy any street, public sidewalk, park, other publicly owned or controlled place, or any area adjacent to and within ten feet from any such street, sidewalk or place, for outdoor retail activities. This section shall not be deemed to apply to the sale of news publications.

(Ord. 135 § 1.1, 1987)

It is unlawful for any person, unless a special permit therefor has been issued by the business license officer, to use or occupy any parking area for outdoor retail activities. For purposes of this section, "parking area" means any premises or portion thereof which has previously been acquired or set aside or designated as space for parking or storing of motor vehicles in conjunction with the needs of any commercial or noncommercial enterprise, of the public at large, or of any governmental entity.

(Ord. 135 § 1.1, 1987)

It is unlawful for any person, other than the owner thereof, to use or occupy any private property for outdoor retail activities except with the written permission of the owner of such property. Written proof of such permission shall be carried by each person engaged in outdoor retail activities on such property and shall be displayed to each police officer who requests proof thereof.

(Ord. 135 § 1.1, 1987)

Application for any permit required by this chapter shall be filed with the business license officer on a form approved by the finance director, accompanied by payment of a fee in such amount as may have been established by resolution of the city council, to defray the expense of investigation and processing.

(Ord. 135 § 1.1, 1987)

A. The application required by Section 5.08.050 shall demonstrate that the applicant possesses or has applied for and not been denied a current business license pursuant to Chapter 5.02 of this code and, in addition, the application shall provide the following information:

1. Name—Description. Name and description of applicant;

2. Address. Permanent home address and full business address of applicant;

3. Kind of Business. A brief description of the nature of the business and the goods or services to be sold or provided;

4. Employer—Credentials. If employed by another person to carry on outdoor retail activities, the name and address of the employer, together with credentials establishing the exact relationship;

5. Duration of Permit. The date and the length of time for which the right to engage in such activities is desired;

6. The exact location at which the permit is proposed to be used, including the street address if to be used on private property;

7. Source of Stock. The place where the goods or property proposed to be sold or orders taken for the sale thereof, are manufactured or produced, where the goods or products are located at the time the application is filed, and the proposed method of delivery;

8. Photographs. Two color photographs of the applicant, taken within 60 days immediately prior to the date of filing the application; the required photographs shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

9. Fingerprints. The fingerprints of the applicant;

10. Criminal Record. A statement as to whether or not applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, other than traffic violations, within the immediately preceding ten years, and the nature of each such offense and the punishment or penalty assessed therefor;

11. Proof of Bonding. Proof that the applicant has obtained such bonding or other surety as may be required by state or local law for the activity which will be the subject of the permit which has been applied for.

B. Upon receipt of a completed application, together with the fee required by Section 5.08.050 of this chapter, the business license officer shall forward a copy of the application to the police chief with a request that an investigation be made of the applicant's character pursuant to Section 5.08.070 of this chapter.

C. The business license officer shall also forward a copy of the application to such other city officers and departments as may be appropriate, requesting that such officer or department review and comment upon the application.

(Ord. 135 § 1.1, 1987)

A. Upon receipt of a copy of the application, the police chief shall cause such investigation of applicant's character to be made as the police chief deems necessary for the protection of the public good.

B. The police chief shall cause the investigation to be commenced promptly and to be completed within a reasonable time and, upon completion, shall forward the results thereof to the business license officer.

(Ord. 135 § 1.1, 1987)

A. If, as a result of the investigation, applicant's character or business responsibility is found to be unsatisfactory, the business license officer shall deny the application and shall endorse the disapproval and the reasons therefor on the application, and shall notify the applicant that the application is disapproved and that no permit will be issued. Within the meaning of this section, the business license officer may find the applicant's character to be unsatisfactory if the business license officer has reasonable cause to believe that the applicant has been convicted of a crime involving moral turpitude, or that the applicant has been convicted of violating this chapter or similar enactments of other jurisdictions.

B. The business license officer may also deny an application for a permit on the ground that issuance of a permit for the requested location would create a threat to public health, safety or welfare arising out of the fact that one or more such permits have already been issued for the same location, date and time and a traffic hazard might result.

(Ord. 135 § 1.1, 1987)

Any person aggrieved by the action of the business license officer in the denial of a permit may appeal such action pursuant to Sections 2.04.100 through 2.04.130 of this code.

(Ord. 135 § 1.1, 1987)

If as a result of investigation, the character and business responsibility of applicant have not been found to be unsatisfactory, the business license officer shall approve the application and issue a permit to applicant for carrying on the business applied for, and deliver the permit to applicant. Permits and renewals thereof issued pursuant to this chapter shall be valid for one year from the date of issuance or for such shorter period as may be requested by the applicant, and, after the expiration of such period, shall be null and void unless renewed pursuant to Section 5.08.120 of this chapter.

(Ord. 135 § 1.1, 1987)

To each such permit issued there shall be attached a photograph of the permittee, the photographs to be identical with those filed by the permittee with the application pursuant to Section 5.08.060.

(Ord. 135 § 1.1, 1987)

Permits and renewals thereof issued pursuant to this chapter may be renewed. Applications for renewal shall be on forms approved by the finance director and shall be filed with the business license officer together with the fee therefor as established by resolution of the city council. applications for renewal shall be filed at least 30 days prior to the expiration date of the permit. applications for renewal shall be approved or denied on the same grounds for approval or denial of an original application for a permit.

(Ord. 135 § 1.1, 1987)

No person shall practice or engage in outdoor retail activities between the hours of eight p.m. and eight a.m.

(Ord. 135 § 1.1, 1987)

Persons obtaining a permit under this chapter shall not be relieved from the payment of any fees or the obtaining of any other license or permit required to exercise the privilege of carrying on any similar or related activity required under any other ordinance of the city or other applicable law and shall remain subject to the regulatory provisions of such other ordinances and laws.

(Ord. 135 § 1.1, 1987)

Any person who violates any of the provisions of this chapter, upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of this code.

(Ord. 135 § 1.1, 1987)

The carrying on of any outdoor retail activities without complying with the requirements of this chapter is a separate violation of this code for each and every day that such business is so carried on.

(Ord. 135 § 1.1, 1987)

All remedies and enforcement measures provided to the city by this chapter shall be cumulative, and the use of one or more such remedies by the city or its duly authorized officers shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. 135 § 1.1, 1987)