Sacramento Municipal Code Art. II Commercial Solid Waste Collection, Transportation, or Disposal

A. A franchise fee shall be established by resolution of the city council and shall be in addition to any other fees imposed upon an applicant by this code.

B. Each person engaging in the business of collecting, transporting, or disposing of commercial solid waste kept, accumulated, or generated in the city shall pay a franchise fee to the city.

C. Franchise fees are payable on a monthly basis based on information submitted as part of the monthly reporting requirements set forth in this chapter. Each payment shall be calculated in accordance with this chapter.

D. Franchise fees must be submitted to the solid waste manager or designee as set forth in the franchise agreement.

E. A written statement provided by a franchisee is not conclusive of the accuracy of the information contained in the statement and does not preclude the city from collecting the sum that is actually due and payable.

F. Payment of franchise fees are in addition to any other license fee or business tax prescribed by other agencies or jurisdictions for the same period.

G. If franchise fees are not paid by the franchisee at the times required by this chapter, then in addition to the franchise fees, the franchisee shall pay a late payment charge in an amount equal to 10% of the franchise fee that is due plus interest at the rate of 1.5% of the delinquent franchise fee for each month in which the franchise fee was not time-ly paid.

H. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. The franchise fee shall be calculated based on gross collection revenues before a franchisee imposes the franchise fee on its customers. For purposes of this section, gross collection revenues include revenue from the collection of source-separated recyclable material or organic material, if that material was disposed instead of recycled for any reason.

I. The city may require that each franchisee pay a minimum annual franchise fee in an amount set by resolution by the city council. Any franchisee whose total gross collection revenues do not result in a payment of a franchise fee in an amount equal to, or above, the minimum franchise fee set by the city council for that calendar year, may be charged the difference between the franchise fee calculated on its annual gross revenues and the minimum franchise fee. (Ord. 2023-0024 § 35; Ord. 2021-0003 § 15)

A. The following fees are established and imposed:

• 1. Franchise application fee;
• 2. Franchise appeal fee;
• 3. Abandoned container fee;
• 4. Administrative enforcement order appeal fee;
• 5. Re-inspection fee;
• 6. Late reporting fee; and
• 7. Inaccurate reporting fee.

B. The city council shall establish by resolution the amounts of the fees specified in subsection A, and any related penalties. (Ord. 2026-0003 § 10; Ord. 2023-0024 § 36)

Except as authorized by sections 13.24.060 and 13.24.080, no person shall engage in the business of collecting, removing, or transporting commercial waste material, including putrescible organic material, or otherwise organizing, directing, sponsoring, or causing the collection, removal, or transportation of commercial waste material within the city without possessing a valid franchise granted by the city. Brokering any of the services identified in this chapter is lawful if the services brokered are with a franchised waste hauler who possesses a valid city franchise. (Ord. 2023-0024 § 37; Ord. 2021-0003 § 15)

No person may engage in the business of collecting, transporting, or disposing commercial waste material, accumulated or generated in the city, or to engage in the business of soliciting accounts or invoicing customers for commercial waste material service in the city unless:

A. The person has been granted a franchise, had entered into a franchise agreement with the city, and has paid the franchise fee established in section 13.24.040; or

B. The commercial waste material is generated and hauled by the same person. (Ord. 2021-0003 § 15)

A. Except as authorized by section 13.24.060.B, businesses, schools and public agencies, non-residential properties, multifamily properties, the party contracting for waste material removal service, owners, or generators of commercial waste material, may not hire, select, or contract with a person who does not hold a current and valid commercial solid waste collection franchise issued by the city to collect commercial solid waste. An owner or customer must subscribe to a level of solid waste, recyclable material, and organic material collection service, both container capacity and frequency of collection, that:

1. Complies with the minimum levels of solid waste, recycling, and organic waste services as set forth in this chapter.

2. Adequately meets the waste generation needs, as determined by the solid waste manager.

B. If the solid waste manager determines that it is in the best interest of the city to allow or require a residential or residential mixed-use property that receive residential collection services from the city to contract for collection services from a franchised waste hauler in addition to or in lieu of services provided by the city, the solid waste manager shall provide the property owner with a written determination that includes a requirement to comply with subsection A.

C. The party contracting for solid waste service is responsible for compliance with recycling and organic waste collection requirements. The party contracting for solid waste service may not assign the requirement to subscribe to the appropriate level of recycling and organic waste collection to another business, school, public agency, non-residential property, or multifamily property, including a tenant. (Ord. 2023-0024 § 38; Ord. 2021-0003 § 15)

The following persons are authorized to collect or transport solid waste, including commercial solid waste, within the city without a franchise:

A. The United States, State of California, the city of Sacramento, the County of Sacramento, a special district, or other local public agency, the Armed Forces, when collecting or transporting solid waste produced by operation of the public agency under a system of solid waste collection and transportation operated and maintained by the public agency;

B. The owner, operator, occupant, or employee of a farm or ranch consisting of five acres or more, when transporting for off-site disposal solid waste accumulated as a result of operation of the farm or ranch;

C. An owner or occupant of a residential unit, when collecting or transporting rubbish, not containing garbage, from his or her residential premises to a lawful point of disposal;

D. A person or employee, when collecting or transporting dead animals, bones, meat scraps, or food waste resulting from food processing plants for tallow or fertilizer, or other waste material to be used as raw material in manufacturing, or solid waste that is collected without charging a fee to the customer for purposes of salvage, provided that such persons shall reuse or recycle or cause to be reused or recycled all materials collected, and shall not transport or arrange for the transport of any collected materials to a disposal site;

E. An operator or employee of one or more industrial plants which are under single ownership, when collecting or transporting wastes which cannot be handled by standard solid waste collection equipment or which involve significant health, operating or handling hazards, including but not limited to, rice hulls, tomato pulp, chemical residues, explosives, and other toxic, noxious, or hazardous substances, provided that all such wastes shall be deposited at an appropriate disposal area permitted pursuant to California State Solid or Hazardous Waste Management Standards;

F. Any person collecting or transporting hazardous waste, medical waste, and designated waste, as defined in law, regardless of its source;

G. Any person collecting or transporting by-products of sewage treatment, including sludge, sludge ash, grit, and screenings;

H. Any person collecting or transporting residue or non-processible waste from a solid waste management facility, including material recovery, composting, and transformation facilities; or

I. Municipal corporations and other governmental agencies using their own vehicles engaged in the collection, transportation, or disposal of solid waste within the city. (Ord. 2021-0003 § 15)

A. The city council may grant to an applicant a non-exclusive franchise to engage in the business of collecting, transporting, or disposing of waste material kept, accumulated, or generated in the city.

B. The city council may grant a franchise to an applicant based on compliance with this chapter. Any grant of a franchise is subject to such terms, conditions, rules, regulations, restrictions, and limitations, as deemed necessary to protect the public health, safety, or welfare.

C. The city manager may administer and negotiate non-substantive changes to the franchise agreements. The city council may delegate authority to the city manager to administer, negotiate, and execute franchise agreements.

D. In order to avoid delays in the franchise approval process, the city manager may execute provisional franchise agreements with franchise applicants pending council consideration of a franchise authorization, should such an action be deemed necessary by the city manager. No provisional franchise agreement shall be for a term longer than 90 days. (Ord. 2021-0003 § 15)

A. All franchises granted to persons pursuant to this chapter are nonexclusive to allow franchisees to compete with each other for commercial solid waste, recycling, or organic service accounts. No provisions of this chapter shall be deemed to require restricting the number of franchises to one or any particular number, and no provision of this chapter is deemed to require granting any franchise if it is determined that the grant of any such franchise does not serve the public interest.

B. All franchises are subject to the terms and conditions specified in this chapter and in the franchise agreement, and to all applicable federal, state, and local statutes, ordinances, rules, and regulations.

C. In granting any franchise, the solid waste manager may prescribe such other additional terms and conditions, not in conflict with this chapter, as in the judgment of the solid waste manager are in the public interest.

D. Each franchisee shall:

1. Provide services without undue interruptions caused by mechanical failures or other inadequacies of equipment;

2. Utilize equipment in quantities and of an age and quality adequate for the provisions of reliable service; and

3. Provide preventive maintenance and repair of such equipment sufficient to ensure reliability. (Ord. 2023-0024 § 39; Ord. 2021-0003 § 15)

A. All applications for franchises pursuant to this chapter must be in writing, including in electronic format, and filed with the solid waste manager.

B. A franchise application fee is required with the submittal of an application package to the solid waste manager.

C. Each application for a franchise must be on a form provided by the solid waste manager, and include the following information:

1. Identification.

a. Name and address of the applicant.

b. Business address, telephone number, and email address of the applicant.

c. Address where all vehicles and operating equipment used within the city are stored.

d. If the applicant is a corporation, partnership, or other entity, the name and residential address of every officer, partner, board member, and any other person with a 10% or greater financial interest in the applicant.

e. If the applicant is a corporation, the name and residential address of the corporation's directors, date and place of incorporation, location of the main office, names of the major stockholders and associates, and the name and address of the corporation's parent and subsidiary companies.

f. If the applicant is a corporation whose stock is traded on a national exchange, the names of persons owning or controlling less than 10% of the outstanding shares need not be listed in the application and transfers of less than 10% of the outstanding shares need not be reported unless such a transfer results in the transferee owning or controlling 10% or more of the outstanding shares; provided, however, that upon reasonable request of the solid waste manager, the applicant or party submitting an application shall provide a list of all stockholders or shall provide to the solid waste manager the source material from which the names of such stockholders may be readily obtained.

g. If the applicant is an affiliate or a franchised operation of another corporation (not to be confused in this instance with a solid waste franchisee of the city), the applicant shall list the names and addresses of the parent or subsidiary companies, together with a description of their business interests or ownership.

h. If the applicant is a joint venture or other combination of persons and corporations, identify separately the names and addresses of each member of the joint venture or combined effort, together with their percentage interest.

2. Business operations.

a. The names of the executive, operational, and financial managers to be used in connection with the solid waste collection services together with documentation that such persons, and the applicant, have sufficient experience in solid waste handling to perform solid waste collection services in the city.

b. Attestation that books and accounts of all revenue and income arising out of applicant's operations will be kept in a manner that conforms to GAAP.

c. A statement that the applicant shall obtain the required insurance prior to commencing business subject to the franchise agreement.

d. A statement that the applicant shall maintain and report on a timely basis all operational information and data elements reasonably required by the city to comply with its reporting requirements such as those established in California Public Resources Code sections 40050-40063, and as defined in the franchise agreement.

e. A complete listing and explanation of any civil or criminal rulings or judgments in excess of $5,000, or convictions against applicant, any of applicant's partners, major stockholders, corporate directors or parent or subsidiary companies. Applicants that are subject to the periodic reporting requirements of section 13(a) of the Securities Exchange Act, may, in lieu of the information required by sections 13.24.110.C.1.f. and 13.24.110.C.2.d., submit the information reported pursuant to sections 229.103 (legal proceedings) and 229.403 (security ownership of certain beneficial owners and management) of title 17 of the Code of Federal Regulations on the most recent form 10-K filed by the applicant with the Securities and Exchange Commission.

3. Facilities and equipment.

a. A description, including the Vehicle Identification Number (VIN) and California license plate number, of all vehicles and equipment that the applicant owns, has control of, or intends to acquire for the collection, transportation, or disposal of commercial solid waste in the city and which are subject to the provisions of the franchise agreement and whether said vehicles and equipment are self-unloading and equipped with audible automatic back-up warning devices.

b. Evidence demonstrating that the applicant owns or will have access to suitable facilities for keeping vehicles and equipment clean and in good repair, and that the applicant owns or will have access to reasonable office and billing facilities.

c. Evidence demonstrating that the applicant is the registered owner, as defined by California Vehicle Code section 505, of at least one collection vehicle that meets the requirements set forth in section 13.24.440.

4. Financial resources.

a. Applicant shall provide satisfactory proof to the solid waste manager, that the applicant has adequate financial resources to conduct commercial solid waste collection services; or

b. Applicant shall include an irrevocable letter of credit or refundable cash deposit to the city of $500 for each of the vehicles identified in the application.

5. Diversion plan. Each applicant shall submit a diversion plan, including plans for multi-family residential properties, businesses or non-residential properties, and construction and demolition debris, as applicable, with their franchise application. The diversion plan must comply with the diversion requirements set forth in this chapter and include a plan describing how the franchisee intends to satisfy its diversion requirements by diverting recyclable and organic materials from commercial solid waste that is being disposed of in solid waste facilities. The diversion plan must identify all facilities where materials will be delivered and processed.

6. Background check. The local executive, operational, and financial managers of the applicant that will be responsible for solid waste collection services within the city may be required to submit to fingerprinting and a criminal background check by the city.

7. Other relevant considerations.

a. Any other evidence that demonstrates that the applicant is able to provide collection and subsequent transportation, or disposal services in accordance with applicable federal, state, and local laws. Such additional information as may be reasonably requested by the solid waste manager.

b. During the application or proposal period and during the full term of any franchise, all information contained in the franchise application must be kept up-to-date by the applicant who must file a new verified statement within three business days of any change indicating in detail the nature of any change.

c. The application must be signed by the person applying for the solid waste collection franchise or, in the case of a partnership or corporation, by a person authorized to bind the partnership or corporation.

d. The applicant shall pay any outstanding fees and debts to the city prior to a franchise application being deemed complete, or prior to a franchise renewal. (Ord. 2023-0024 § 40; Ord. 2021-0003 § 15)

A. The city council may award franchises for the collection of commercial solid waste within the city.

B. Applicants may submit their completed application for a franchise, as provided in section 13.24.110 to the solid waste manager for review and consideration at any time.

C. The solid waste manager shall review such applications and either recommend to the city council to award a franchise, or notify applicant of a denial or incomplete application, within 60 days of receiving an application.

D. The solid waste manager shall take into consideration all components of the completed application, including but not limited to:

1. The ability of the applicant to meet all terms of the franchise agreement;

2. Any history of civil or criminal convictions that may compromise the public's interests; and

3. The completeness, accuracy, and validity of the application. In doing so, the solid waste manager may independently verify all statements made and implied in the application, including conducting an on-site interview and inspection of the applicant's records and recordkeeping methods. The solid waste manager may also request clarification from an applicant of any or all elements of the submitted application.

E. Within the 60-day review period, the solid waste manager shall:

1. Deny an application and notify the applicant in writing of the reasons why the application was denied; or

2. Notify an applicant that a recommendation will be made to the city council to award a franchise or a probationary franchise with special terms and conditions; or

3. Execute a provisional franchise, up to 90 days, with special terms and conditions, pending city council authorization to execute a franchise or a probationary franchise with special terms and conditions.

F. If the application is incomplete, the solid waste manager shall provide notice to the applicant that the application is incomplete, identifying what information or materials the application lacks in order to be complete. An applicant has 60 days from the date of the notice to complete the application. Failure to submit a complete application within 60 days from the date of the notice amounts to a denial, with no additional action required by the solid waste manager. Any application submitted more than 60 days after the notice is considered a new application and must be accompanied by the application fee required by this chapter.

G. Upon concurrence with a positive recommendation, the city council will award the franchise or will delegate authority to the city manager to award the franchise within a reasonable period of time. The solid waste manager will notify the applicant in writing of an award of a franchise.

H. The solid waste manager may refuse to accept a franchise application from an applicant who has had an application for a city franchise rejected within the previous 12 months. (Ord. 2023-0024 § 41; Ord. 2021-0003 § 15)

The solid waste manager shall mail a written decision of a denial to the applicant at the address provided in the application. The reason(s) for the denial shall be stated in the written decision. (Ord. 2021-0003 § 15)

A. An applicant may appeal the denial of a franchise by submitting a written appeal to the solid waste manager within 20 calendar days from the date of service of the solid waste manager's written decision. The written appeal must be accompanied by a nonrefundable appeal fee in an amount established by city council resolution. The written appeal shall contain:

1. A brief and concise statement explaining why the decision is being contested and any material facts supporting the contentions of the appellant;

2. A brief and concise statement of the reasons why the decision should be reversed or set aside;

3. The signatures of all parties named as appellants and their official mailing addresses; and

4. A declaration under penalty of perjury by at least one appellant as to the truth of the matters stated in the notice of appeal.

B. The appeal hearing shall be conducted by a hearing examiner appointed pursuant to section 1.24.050.

C. Upon receipt of any appeal filed pursuant to this section, the solid waste manager shall transmit the appeal to the secretary of the hearing examiner who shall set it for hearing as follows:

1. If the appeal is received by the solid waste manager at least 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on that date.

2. If the appeal is received by the solid waste manager less than 15 days prior to the next regularly scheduled appeal hearing date, it shall be set for hearing on the next subsequent appeal hearing date.

D. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of the notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.

E. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and the solid waste manager's decision is final.

F. Only those matters or issues specifically raised by the appellant in the written notice of appeal shall be considered in the appeal hearing. (Ord. 2023-0024 § 42; Ord. 2021-0003 § 15)

A. At the time set for hearing, the hearing examiner must hear the testimony of city personnel, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.

B. The proceedings at the hearing must be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense.

C. The hearing examiner may, upon his or her own accord or upon request of the appellant or the department, for good cause shown, grant continuances.

D. The hearing examiner may upon his or her own accord or upon request of the appellant or the department, inspect the appellant's premises prior to, during, or after the hearing, provided that:

1. Notice of the inspection must be given to the parties before the inspection is made; and

2. The parties' consent and are given an opportunity to be present during the inspection.

E. Upon completion of the inspection, the hearing examiner must state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, the material facts observed and the conclusion(s) drawn therefrom. F. Each party has the right to rebut or explain the matters so stated by the hearing examiner either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record.

G. Notice to the parties, or the owner(s)' consent to inspect the property is not required if the property can be inspected from areas to which the general public has access or with permission of other persons authorized to provide access to the property or buildings located on the property.

H. In any proceedings under this chapter, the hearing examiner may administer oaths and affirmations and certify official acts. (Ord. 2021-0003 § 15)

A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Subsections (a), (b), and (c) of California Government Code section 11513 apply to hearings under this chapter.

B. Oral evidence must be taken only upon oath or affirmation.

C. Irrelevant and unduly repetitious evidence must be excluded.

D. Each party must have these rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary and physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To impeach any witness regardless of which party first called the witness to testify;

5. To rebut the evidence presented against the party; and

6. To represent himself, herself, or itself, or to be represented by anyone of his, her, or its choice who is law-fully permitted to do so.

E. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city. (Ord. 2021-0003 § 15)

A. If it is shown, by a preponderance of the evidence, that one or more reasons for denial of the franchise under any of the grounds specified in this chapter exist, the hearing examiner shall affirm the decision of the solid waste manager. The decision of the hearing examiner shall be in writing and contain findings of fact and a determination of the issues presented.

B. The decision shall inform the parties that the decision is final and that the time for judicial review is governed by California Code of Civil Procedure sections 1094.5 and 1094.6. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision is final when signed by the hearing examiner and served as provided in this section. (Ord. 2021-0003 § 15)

A. A franchise is effective when the applicant and the city have signed a written agreement, and the applicant satisfies all of the requirements and conditions set forth in this chapter and the franchise agreement.

B. Prior to performing any services provided under the franchise, franchisee must provide to the solid waste manager, copies of all required certificates of insurance and copies of all required truck inspection forms as enumerated in the franchise agreement and this chapter. Should franchisee fail to maintain required insurance and bonding requirements, uninterrupted for the term of the agreement, the franchise will be automatically suspended.

C. If the franchisee's description of vehicles and equipment, as required under this chapter, changes between the application date and the effective date of the franchise agreement, franchisee must submit to the solid waste manager an amended description, including all identification elements required under this chapter, prior to commencing services authorized in the agreement. (Ord. 2021-0003 § 15)

A franchise granted pursuant to this chapter is not effective unless and until all of the following requirements have been satisfied:

A. The applicant and the city have executed a franchise agreement.

B. The applicant to whom a franchise has been granted has filed with the Risk Management Department, evidence of compliance with the insurance requirements specified in the franchise agreement. (Ord. 2021-0003 § 15)

The term of a city franchise is one year, excluding provisional franchises. The solid waste manager may extend the term of a franchise agreement for additional one-year terms upon written agreement by the franchisee and solid waste manager. (Ord. 2021-0003 § 15)

A. The solid waste manager may terminate any franchise granted pursuant to this chapter if the solid waste manager finds that:

1. The franchisee has failed to comply with, or to do anything required of the franchisee by this chapter or provisions of the franchise agreement; or

2. Any provision of this chapter becomes or is declared to be invalid and the city council expressly finds that such provision constitutes a material consideration to the franchise or continuation of such franchise.

B. Any franchise granted pursuant to this chapter is automatically suspended whenever the franchisee:

1. Fails to keep in full force and effect the insurance required by the franchise agreement;

2. Fails to keep in full force and effect any applicable licenses or permits required by federal, state, or local law; or

3. The franchisee has not conducted any solid waste collection activity for a period of 12 consecutive months.

C. The solid waste manager may suspend any franchise granted under this chapter if the grantee fails to submit timely reports as described in section 13.24.280. The solid waste manager must give 15 days' written notice before suspending the franchise due to failure to submit timely reports. The suspension shall remain in effect for the period specified in the notice unless the suspension is reversed or modified by the solid waste manager.

D. In the event the franchise is terminated, the franchisee shall have no right or authority to engage in commercial solid waste collection, transportation, or disposal operations in the city unless and until a subsequent commercial solid waste collection franchise is granted. Nothing herein requires the city to grant any subsequent franchise to the franchisee.

E. In the event the franchise is suspended, the franchisee has no right or authority to engage in commercial solid waste collection, transportation, or disposal operations in the city during the period of suspension.

F. In the event any franchise is terminated, within the time period specified by the solid waste manager, the franchisee shall:

1. Remove all of the franchisee's, and any subcontractor's, waste material containers from all service locations where services have been provided;

2. Properly dispose of any and all waste materials in the containers at the time of removal; and

3. Pay to the city any and all outstanding fees due or debts, including, but not limited to, franchise fees and delinquent charges.

G. If the franchisee fails to remove any waste material container or to properly dispose of any waste material in any container within the time period specified by the solid waste manager, the city may remove the container or dispose of the waste material and may charge franchisee for the city's costs. The franchisee shall pay to the city all of the costs incurred by the city in such removal or disposal within 10 days of the date of the city's invoice for such costs.

H. Notwithstanding any other provisions of the franchise agreement and section 13.24.230 below, franchisee may relinquish or otherwise terminate its city franchise with 30 days' written notice to the solid waste manager. (Ord. 2021-0003 § 15)

A. Any franchisee may appeal the solid waste manager's decision to terminate or suspend a franchise or deny a franchise renewal by submitting a written appeal to the solid waste manager within 20 calendar days after the decision is communicated to the franchisee.

B. If no appeal is taken within 20 calendar days after the solid waste manager's decision is communicated to the franchisee, the decision of the solid waste manager is final.

C. If an appeal is timely filed, a hearing shall be scheduled and heard pursuant to sections 13.24.140 through 13.24.170. The hearing examiner may affirm the solid waste manager's decision if the hearing examiner finds any of the grounds specified in this chapter have been established by a preponderance of the evidence. The hearing examiner's decision is final. (Ord. 2023-0024 § 43; Ord. 2021-0003 § 15)

Any franchise granted pursuant to this chapter is a privilege to be held in trust by the original franchisee. A franchisee shall not sell, lease, transfer, assign, or otherwise dispose of, either in whole or in part, whether by forced sale, merger, consolidation, bankruptcy, reorganization under bankruptcy laws or otherwise, a franchise issued pursuant to this chapter without the prior written consent of the solid waste manager. Any such consent of the solid waste manager shall be subject to terms and conditions prescribed by the solid waste manager. This restriction includes the transfer of ownership of the franchise, or a majority of the ownership or control of the franchisee, or the conveyance of a majority of the franchisee's stock to a new controlling interest. A franchise shall become void upon its abandonment by the franchisee. (Ord. 2021-0003 § 15)

A. Gross collection revenues from the collection of source-separated recyclable material and source-separated organic material may be excluded from gross collection revenues for the purposes of calculating franchise fees, provided those revenues are only from source-separated recyclable materials and source-separated organic materials and are collected and characterized by weight in a manner satisfactory to the solid waste manager.

B. Gross collection revenues from the collection of solid waste from any public agency within the city are not subject to franchise fees.

C. Franchise fees are payable on all gross collection revenues collected by a franchisee from its commercial solid waste collection customers located within the city. Franchisees must notify the city of the landfilling of source-separated recyclable and organic materials, including identifying the generator of those source-separated materials.

D. Disputes over whether gross collection revenues from the collection of source-separated materials should be excluded from the calculation of franchise fees shall be resolved by the solid waste manager.

E. The solid waste manager's decision may be appealed in accordance with sections 13.24.140 through 13.24.170. (Ord. 2023-0024 § 44; Ord. 2021-0003 § 15)

City franchise fees will fund administrative, implementation, and enforcement costs related to managing waste material. These fees may also be used to fund: the city's legacy landfill program including closure and liability costs; costs for litter crews in commercial corridors; and programs for waste material collection and disposal related to illegal dumping on public rights-of-way and city property. (Ord. 2023-0024 § 46; Ord. 2021-0003 § 15)

A. All new customer service agreements executed after the effective date of the franchise agreement must contain clauses that automatically terminate such customer service agreements in the event that the franchise or franchise agreement is terminated. Upon termination of any franchise, the franchisee is required to notify all its customers in writing within 30 days of such termination and provide verification to the solid waste manager.

B. Franchisee shall provide the required level of recycling and organic material recycling services to each of its customers unless that customer has obtained an exemption to franchisee-provided service from the city.

C. The customer service agreement shall provide requirements relating to the frequency and hours of collection, the size, placement and care of the containers, pursuant to the standards set forth in section 13.24.530.

D. Customer service agreements shall be provided to the customer by the franchisee upon request. Customer requests may be submitted by telephone, mail, or email. Franchisee shall provide a copy of the service agreement to the customer within five business days of receiving a request.

E. If a franchisee intentionally provides a customer with inaccurate information regarding required service levels of either recycling or organic material recycling and the customer signs up for less than minimum service, the customer may terminate the customer service agreement with no penalties.

F. A franchisee who only collects construction and demolition debris, as that term is defined in chapter 13.10, is not required to meet the customer service agreement requirements set forth in subsections B and E. (Ord. 2026-0003 § 11; Ord. 2023-0024 § 47; Ord. 2021-0003 § 15)

A. Due dates for reports are as follows:

B. Any report required under section 13.24.280.D that is not filed by the required due date is delinquent. If a report remains delinquent for more than 15 days, the solid waste manager may terminate or suspend the franchise as authorized by this chapter. In the event of unusual circumstances, the solid waste manager may grant a continuance to a franchisee to file a report.

C. A delinquent report fee shall be in addition to any franchise fees or other charges payable by the franchisee for the same period of time.

D. A franchisee shall file the following reports in the format and manner as required by the solid waste manager:

1. Monthly revenue report: a monthly report of the revenue generated by franchisee related to commercial solid waste collected, transported, diverted, or disposed within the city.

2. Monthly generator compliance report: a monthly report of the compliance status of all its customers within the city.

3. Quarterly generator report: a quarterly report of the service levels and other collection information of all its customers within the city. This report shall identify, at a minimum, the following:

a. The total number of businesses and non-residential property customers receiving service;

b. The total number of business and non-residential property customers receiving service who source separate recyclable materials;

c. The total number of multi-family residential property customers receiving service;

d. The total number of multi-family residential property customers receiving service who source separate recyclable materials and organic materials;

e. Jurisdiction identifier: unique identifier for each generator issued by city; and

f. Standard address format.

4. Quarterly account status report: a quarterly report confirming open and closed accounts.

5. Quarterly tonnage report: a quarterly report of the quantities of commercial solid waste collected, transported, diverted, or disposed within the city. This report shall contain the following information:

a. The commercial solid waste tonnage collected and removed during the previous quarter;

b. The commercial solid waste tonnage collected and removed during the previous quarter that was diverted and the location of the facility where the solid waste was diverted;

c. The commercial solid waste tonnage collected and removed that was disposed of during the previous quarter and the location of the disposal facility where the disposal of such waste occurred;

d. The total number and individual identification and address of all customers the franchisee serves and whether those customers subscribe to recycling or organic material recycling services; and

e. The progress in implementing its diversion plan and achieving the diversion performance requirements set forth in section 13.24.310.

6. Quarterly route contamination review report: a quarterly report documenting collection routes that have been reviewed for contamination and the results.

E. Franchisees may use information supplied by diversion facilities to meet the requirements of this section.

F. All franchisees shall maintain records in the format and manner as required by the solid waste manager pertaining to the number and types of accounts served by the franchisee. This information shall be provided to the solid waste manager upon request. If upon review of this information by the solid waste manager it is determined that the franchisee has claimed credit for the diversion of solid waste that is already being diverted by a third party for purposes of satisfying the diversion requirements set forth in section 13.24.310, such action by the franchisee shall constitute cause for termination or suspension of the franchise pursuant to section 13.24.210.

G. The solid waste manager shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the reports required by this chapter.

H. The solid waste manager may require other reports as needed to ensure compliance with state or federal law.

I. All required franchisee reports must contain data that is accurate, correct, and complete. If inaccurate data is identified within a report, an inaccurate reporting fee shall be assessed. Fees will be added to the next monthly revenue invoice.

J. In addition to any other remedy available under this chapter, a late fee per day for each customer account will be imposed for any report that is not submitted within the time required to the solid waste manager. Fees will be added to the next monthly revenue invoice.

K. A franchisee who only collects construction and demolition debris, as that term is defined in chapter 13.10, is not required to submit quarterly generator reports; quarterly account status reports; diversion plan progress reports; or contamination monitoring, recordkeeping, and reporting quarterly report. (Ord. 2026-0003 § 12; Ord. 2023-0024 § 48; Ord. 2021-0003 § 15)(Ord. 2023-0024 § 48; Ord. 2021-0003 § 15)

The following is applicable to all franchisees:

A. Except as provided in section 13.24.310 and except to meet the one-truck requirement of section 13.24.110.C.3.c, no franchisee shall, by contract, subcontract, or otherwise, share with another franchisee any office space associated with operation under a franchise.

B. No franchisee by contract, express understanding or indirectly, shall, in cooperation with another franchisee, divide, segregate, or apportion any territory within the city for the purpose of restricting competition within a particular territory.

C. No franchisee shall, directly or indirectly, enter into any contract, express understanding, or other transaction with another franchisee for the purpose of fixing customer rates or charges or otherwise maintaining rates or charges at a particular level.

D. No franchisee or any director, officer, partner, joint venturer, sole proprietor, or corporate owner, shall be a controlling shareholder of, be a partner, joint venture, or sole proprietor, owner of any other interest in, or be employed by another franchisee. No franchisee which is owned in whole or in part by a corporation shall be effectively controlled by a person or entity by virtue of that person or entity's ownership of shares in the corporation, if the same person or entity otherwise controls another franchisee. The sole remedy for violation of the provisions of this section shall be revocation or refusal to renew a franchise.

E. Each franchisee shall provide to the solid waste manager such information as the solid waste manager determines is reasonably necessary to facilitate effective administration of the franchise under the provisions of this chapter. Diversion information may be provided consistent with the framework for materials recovery facility (MRF) services and reporting of this chapter.

F. Notwithstanding any other provisions of this chapter, a franchisee may have an interest in a materials recovery facility (MRF) to provide a reporting service, a solid waste processing service, or a recyclables processing service to another franchisee consistent with the framework for MRF services and reporting of this chapter. (Ord. 2023-0024 § 49; Ord. 2021-0003 § 15)

A. Each franchisee shall submit a diversion plan to the city on an annual basis, no later than December 31st of each year. The diversion plan shall include a detailed description of how the franchisee intends to comply with the diversion requirements set forth in section 13.24.310 and must include: a description of the methods the franchisee intends to use; the facilities the franchisee intends to utilize; and the customer education and outreach efforts the franchisee intends to implement to satisfy its diversion requirements. The city shall establish guidelines, forms, and other appropriate material to assist franchisees in preparing the diversion plan.

B. Within 90 days from the date of receipt of a diversion plan, the city shall determine whether the diversion plan complies with the requirements of this chapter and, based on that determination, shall approve or disapprove the diversion plan. If the city fails to make a determination within such 90-day period, the city shall be deemed to have approved the diversion plan.

C. If the city disapproves a diversion plan, the City shall issue a notice of deficiency to the franchisee that identifies the specific reasons for the deficiency and specific recommendations on how to correct the identified deficiencies. Within 30 days of receipt of the notice of deficiency, the franchisee shall correct the deficiencies and submit a revised diversion plan.

D. If the city determines that the revised diversion plan still fails to meet the requirements of this chapter, the failure to correct the deficiencies constitutes cause for termination or suspension of its franchise pursuant to section 13.24.210.

E. The failure to file a diversion plan constitutes cause for automatic termination, without the ability to file an appeal, of a franchise pursuant to section 13.24.210. (Ord. 2023-0024 § 50; Ord. 2021-0003 § 15)

Each franchisee shall divert at a rate or rates, measured as a percentage, of commercial waste material the franchisee collects within the city. The diversion rate or rates, and the waste materials utilized to calculate those rate or rates shall be established by resolution of the city council. Penalties for failing to achieve the required diversion rate or rates are specified in section 13.24.750. (Ord. 2021-0003 § 15)

A. Notwithstanding the requirements of section 13.24.310, franchisees are not required to divert treated medical waste. Such waste shall not be included in determining a franchisee's compliance with the diversion requirements set forth in section 13.24.310.

B. All franchisees must nevertheless report on a quarterly basis to the city all combined or separately collected treated medical waste tonnage disposed of during the previous quarter by disposal location. The city must establish guidelines, forms, and other appropriate material to assist franchisees in preparing such reports. A franchisee's failure to file the required treated medical waste disposal reports shall constitute cause for termination or suspension of its franchise pursuant to section 13.24.210.

C. No treated medical waste from commercial solid waste generators shall be delivered by a franchisee to a materials recovery facility for the purpose of recycling. (Ord. 2021-0003 § 15)

A. Each franchisee shall maintain accurate and complete accounts of all revenues and income arising out of its operations under the franchise granted pursuant to this chapter; all waste material collected, transported, or disposed of; the source of such waste material; the final destination of such waste material; and all current customer service agreements. Franchisee's books, accounts, and records, including customer service agreements, reasonably necessary for the enforcement of this chapter and the franchise agreement must be made available for inspection, examination, and audit during normal business hours by authorized officers, employees, and agents of the city. The solid waste manager must give written notice at least three days prior to any inspection, audit, or examination of these records.

B. Each franchisee shall establish and maintain internal controls compliant with GAAP and be able to comply with the city reporting requirements for the monthly Revenue Electronic Reporting Form (RERF) and quarterly reports. Such internal controls must include measures to record, document, and make available to the solid waste manager:

1. Weights and volumes of all waste material collected from the city by the franchisee's service accounts, detailed by each customers' location or locations;

2. Collection truck driver's logs or routing sheets, indicating the collection vehicle license plate number, driver's full name, service date, collection locations with container sizes, and the name and location of the disposal or recycling facilities where collected materials were disposed of or recycled;

3. A list of customer accounts in the city with customer addresses and contact information for the reporting period, including customers specifically subject to mandatory commercial recycling requirements in California Public Resources Code sections 42649.2 and 42649.81;

4. A summary and copies of all the invoices related to commercial waste material collection within the city;

5. A summary and copies of all weight tickets issued by the disposal or recycling facilities for all solid waste, recyclable materials, or organic materials collected from the city for the reporting period. The weight tickets must include the franchisee's company name or other adequate identifier, as well as the jurisdiction of origin of the solid waste, recyclable material, or organic material printed legibly on it;

6. A record of jurisdiction of origin of the solid waste, recyclables, or organic materials on all weight tickets; and

7. A report linking weight tickets to the franchisee's service locations, including job sites, and customer's invoice numbers.

C. Where the solid waste manager determines that an audit is necessary, the solid waste manager may require the franchisee to be responsible for reimbursement of audit costs, including any city or consultant services, to perform audits of accounts of all franchisee books, accounts, customer service agreements, and records related to operations under the franchise granted pursuant to this chapter.

D. Each franchisee must provide a designated city audit contact, along with the franchisee's current mailing address, telephone number, and email address. Any changes to the designated city audit contact (including mailing address, telephone number, or email address) must be provided to the city within 30 days of any change.

1. All information provided to the city by the franchisee during an audit shall be certified by the designated city audit contact as accurate and current.

2. Any information provided to the city by the franchisee during an audit that is determined not to be current or inaccurate constitutes a violation of this section. (Ord. 2023-0024 § 51; Ord. 2021-0003 § 15)

A. All waste material containers must have tightly fitted covers and must not leak or permit the escape of odors. The solid waste manager may require special container equipment or container labeling with customer identifying information, in designated areas. Special equipment may include, but is not limited to, functioning locking mechanisms. Notwithstanding the requirements of this section:

1. Generators are not required to set out or store recyclable or organic materials together with solid waste; and

2. Generators are allowed to appropriately store recyclable or organic materials for collection separate from solid waste.

B. Every franchisee shall ensure that containers are clearly identified with the name, or recognizable corporate or company logo, and phone number of the franchisee that is legible from a distance of 50 feet. Containers must identify the type or types of waste material for which it is intended to be used. Containers must be kept free of graffiti.

C. All containers used for the collection of waste materials must meet the requirements of this chapter and must be franchisee-owned or generator-owned, such as a grocery store chain or construction contractor that generates waste and owns their own containers.

D. Violations of this chapter may be referred by the solid waste manager for further enforcement actions. In addition, violations of this chapter, which are also material terms and conditions agreed to by franchisee in the franchise agreement and constitute franchisee contractual obligations, may constitute a material breach of a franchise agreement which may subject the franchisee to payment of liquidated damages. (Ord. 2023-0024 § 52; Ord. 2021-0003 § 15)

Each franchisee must permanently display, in a prominent place on the exterior of each truck utilized in the collection, removal, or transportation of commercial solid waste under its franchise, a sign which contains such information as is required by regulation of EMD adopted pursuant to the provisions of the section 17344 of title 14 of the California Code of Regulations. (Ord. 2021-0003 § 15)

Every franchisee shall maintain an office where the agent or representative of the franchisee can be reached by email and telephone 9:00 a.m. through 5:00 p.m. Pacific Standard Time, Monday through Friday, legal holidays excepted. (Ord. 2023-0024 § 53; Ord. 2021-0003 § 15)

A. It is unlawful for any franchisee to do any of the following:

1. To operate or have an interest in a solid waste disposal site, other than a transfer/processing facility, within the city;

2. To operate a solid waste disposal area in the city;

3. To enter into a billing, invoicing, subcontracting, or brokering agreement for the purpose of providing commercial solid waste collection services in the city with an operator of a solid waste disposal site, its principal employees, or affiliated companies; or

4. To dump any solid waste upon, or permit the same to fall upon, any property, road, or highway other than the areas designated by this chapter for the disposal or dumping of solid waste.

B. Public agencies owning or having an interest in a solid waste disposal site are exempt from the requirements of this chapter. (Ord. 2023-0024 § 54; Ord. 2021-0003 § 15)

No person other than a customer who has contracted for service with a franchisee, or a person with such customer's consent, shall deposit solid waste into a commercial solid waste bin, drop box, or compactor placed in the city by a franchisee for the purpose of receiving solid waste. (Ord. 2021-0003 § 15)

Commercial solid waste, recyclables, or organics lawfully deposited in bins, drop-boxes or other containers used by a franchisee for collection for either disposal or recycling shall become the property of the franchisee upon its deposit in any such container. (Ord. 2021-0003 § 15)

Each franchise agreement must include the following provision: "Indemnity: Franchisee must defend, indemnify, and hold harmless, the city and its agents, officials, officers, servants, and employees, from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to city employees, agents, or officers which arise from, or are connected with, or are caused or claimed to be caused by acts or omissions of franchisee, or their agents, officers, or employees, in the performance of the nonexclusive franchise agreement, or in performing the work or services therein, and all costs and expenses of investigating and defending against the work or services therein; provided, however, that franchisee's duty to defend, indemnify, and hold harmless shall not include any claims or liability arising from the established active negligence, sole negligence, or sole willful misconduct of the city, its agents, officials, officers, or employees." (Ord. 2021-0003 § 15)

A. Each franchisee must maintain, at its own expense, insurance coverages, as provided in the franchise agreement or as established from time to time by the city. All required insurance must remain in effect and uninterrupted through the term of the franchise agreement.

B. The following insurance coverage is required for each franchisee: Commercial General Liability; Automobile Liability; and Workers' Compensation as required by law with Employers' Liability. Pollution insurance may also be required based on a franchisee's business operations.

C. The city, its officers, agents, and employees must be covered by policy terms or endorsement as additional insureds regarding general liability and automobile liability arising out of the activities performed by or on behalf of the franchisee.

D. A franchisee's insurance must be primary insurance as it pertains to the city, its officers, agents, and employees and self-insurance or insurance maintained by the city will not be contributory.

E. A franchisee shall provide the city with 30 days' written notice prior to cancellation or material change in the policy language or terms of any insurance.

F. The franchisee shall furnish the city with certificates of insurance and endorsements evidencing the insurance required prior to the issuance of any franchise as well as renewal certificates or insurance and endorsements.

G. Any act, omission, or circumstance which results in the holder of a franchise being out of compliance with the requirements of this section during the term of the franchise is grounds for the immediate suspension of the franchise, without advance notice or hearing, pending reestablishment of compliance by the franchisee with the requirements of this section. (Ord. 2023-0024 § 55; Ord. 2021-0003 § 15)

A. The franchisee that owns a waste material container that the solid waste manager determines is abandoned will be charged the costs for the collection, emptying, and storage of the container.

B. After the city has collected an abandoned container, the city will notify the franchisee of the abandoned container's location and may charge a daily storage fee until the franchisee retrieves the container.

C. If the franchisee does not retrieve the container from the city within 30 days of being notified, the container will be disposed of as authorized by the city code for lost or unclaimed property.

D. Any costs or fees related to the collection, emptying, or storage of an abandoned container is due as part of the franchisee's monthly payment to the city. Costs and fees will be added to the next monthly revenue invoice. (Ord. 2023-0024 § 56; Ord. 2021-0003 § 15)

A. All vehicles and other equipment used in the collection and subsequent transportation, and disposal of commercial solid waste in the city must be inspected as often as the solid waste manager, deems necessary and at such times and places as designated by the solid waste manager. No vehicle shall be used in the collection and subsequent transportation, or disposal of commercial solid waste within the city unless it carries a current, unrevoked tag or decal issued by the city authorizing such activity. The solid waste manager shall provide for each vehicle operated by franchisee, a durable tag or decal upon completion of a satisfactory vehicle inspection. Such tag or decal shall be securely fastened and clearly visible. The solid waste manager may suspend the tag or decal of any vehicle that fails to meet the requirements of this section, and such vehicle shall not be used for the collection and subsequent transportation or disposal of refuse until the tag or decal has been reinstated by the city. In the event any vehicle fails to meet the requirements of this chapter, or in the event any vehicle becomes temporarily or permanently inoperable or unavailable, the franchisee may transfer the vehicle's tag or decal to another vehicle to be operated by franchisee, which vehicle has passed inspection and meets the requirements of this chapter. The franchisee must notify the city of any changes to its vehicles or tags.

B. All trucks and containers used in the collection, removal, transportation, or storage of commercial solid waste in the city shall be subject to inspection by EMD for the purpose of determining whether or not the trucks and containers comply with sections 17341 through 17345 of title 14 of the California Code of Regulations, or any other regulatory requirements as determined by EMD.

C. Franchisee is responsible for all of the costs of all inspections under this chapter and any other inspections or vehicle approvals, certifications, permits or authorizations to ensure compliance with this chapter. (Ord. 2021-0003 § 15)

A. The bodies of vehicles used in the collection, removal, or transportation of commercial solid waste in the city must have beds of metal or other impervious material which can be cleaned, and shall otherwise be of a type approved by EMD adopted pursuant to section 17341 of title 14 of the California Code of Regulations.

B. EMD may issue administrative regulations pertaining to specifications for vehicles and containers, the cleansing and disinfection, and other sanitary measures in connection therewith.

C. The franchisee must be the registered owner, as defined by California Vehicle Code section 505, of all vehicles used in the collection, removal, or transportation of commercial solid waste in the city under their franchised operations.

D. Franchisee vehicles operating within the city must be clearly labeled with the franchisee's company name. (Ord. 2026-0003 § 13; Ord. 2023-0024 § 57; Ord. 2021-0003 § 15)

A. All franchisee vehicles and all privately owned or operated vehicles transporting solid waste, recyclable material, or organic material in the city must have their vehicle loads covered with a tarp or equivalent cover, or otherwise adequately secured, to ensure protection from littering during transportation.

B. Every LEA permitted or non-permitted waste disposal or recycling facility located in the city shall post signs notifying the public that it is illegal to haul uncovered or unsecured loads to the facility. These facilities shall cooperate with the city enforcement staff by providing covered load education and promotion information to their customers to help assure the effectiveness of this section.

C. This section shall be enforced by the city. The city shall have citation power to enforce this section in the city of Sacramento.

D. Violation of this section is an infraction, and may result in the issuance of a citation, punishable by a $50 fine for the first violation, a $100 fine for the second violation, and a $200 fine for succeeding violations. (Ord. 2021-0003 § 15)

In addition to the special event requirements set forth in chapter 12.48, the following requirements shall apply to a special event that requires waste material containers:

A. Collection practices.

1. A special event applicant shall ensure that collection services are provided in a manner authorized by this chapter.

2. A special event applicant is solely responsible for arranging for collection services sufficient for the type and size of the event; servicing containers not provided by the franchised waste hauler; placement of the containers at the event; event staffing levels; job assignments; servicing containers during an event with sufficient frequency by event staff to avoid overflowing of containers; replacing of container bags during the event; keeping containers unobstructed for the franchised waste hauler to service; placement of containers that do not impede access for emergency vehicles; and removal of containers following completion of the event.

3. An on-site food vendor is responsible for maintaining a debris-free area around their food vending site; providing their customers with appropriate containers to separate their solid waste, recyclables, and organic waste; and pick up any debris in their surrounding area prior to departing. A food vendor shall not dump any waste generated by their food site into any public or private waste container that is not owned by or leased to the vendor unless the special event applicant allows the vendor to use containers obtained to service the special event.

B. Containers.

1. A special event applicant is responsible for ensuring there are appropriate solid waste, recycling, and organic waste collection containers at an event so proper source separation and diversion can occur.

2. Solid waste and recycling containers shall be conveniently located next to one another so they are available and accessible for all event attendees and event staff.

3. Organics containers shall be placed beside solid waste and recycling containers where food is distributed, consumed, or produced.

4. Each container must be properly colored (either the lid or body of the container) with solid waste containers being black or grey, recycling containers being blue, and organic waste containers being green or brown.

5. Each container shall be labeled indicating the type of material to be collected in the container and, either in text or graphics, indicate the primary accepted materials and materials not accepted. Labels must be color coded as follows: black or grey labels for solid waste containers, blue labels for recycling containers, and green or brown labels for organic containers.

6. If food trucks will be present at the event, they shall only be required to provide an organic waste collection container in the immediate vicinity of their location. The applicant will still be required to provide organic containers for the event as a whole.

C. Event thresholds. The solid waste manager will establish service levels for an event based on factors including, but not limited to, the type of the event, number of attendees, number of vendors, and type of activities that generate waste materials.

1. For an event attended by between 500 to 2,000 people (event attendees, staff, and vendors), the applicant shall, at least 30 days before the event, submit a waste management plan outlining their waste collection practices and container locations at the event. The waste management plan will need to be approved by the city before the special event permit will be issued.

2. For an event attended by over 2,000 people (event attendees, staff, and vendors), in addition to the requirements in subsection C.1, within 60 days after conclusion of the event, an applicant shall also provide a post-event report detailing the amount or volume of solid waste, recyclables, and organics collected. Failure to provide a post-event report may result in the denial of future requests for special event permits by the applicant. (Ord. 2026-0003 § 14; Ord. 2023-0024 § 58; Ord. 2021-0003 § 15)