Santa Ana Municipal Code § 26-22 Permit issuance, transferability and terms

Footnotes:

--- (2) ---

Editor's note— Ord. No. NS-2453, § 5, adopted November 20, 2000, repealed in their entirety the provisions of this division 2 (§§ 26-21—26-25) and replaced them with the similar provisions of §§ 26-21—26-25 as currently set out herein. Former division 2 derived from Ord. No. NS-2133, § 1, adopted July 15, 1991 and Ord. No. NS-2366, § 4, adopted August 17, 1998.

(a) Upon receipt of a certificate of eligibility an applicant may make a request to the director for an owner's permit. No person except the holder of a certificate of eligibility for an owner's permit issued pursuant to division 1 of this article may be issued an owner's permit. In addition, no person may be issued such a permit unless he or she has obtained such approval from the Orange County Health Department as may be required for the pushcart from which such person intends to vend, has paid all required fees, and has obtained the business license required by Chapter 21 of this Code.

(b) Any owner who possesses a valid owner's permit and vends ice cream as of January 1, 2002, and desires to obtain an owner's ice cream permit, shall have two (2) years commencing January 1, 2002, to comply with provisions of section 26-5.5. Upon compliance within the two (2) year period, the chief of police shall issue a certificate of eligibility for an owner's ice cream permit and the director shall issue an owner's ice cream permit to the owner.

(Ord. No. NS-2453, § 5, 11-20-00; Ord. No. NS-2481, § 8, 11-19-01)

(a) The term of an owner's permit, unless sooner suspended or revoked, shall be identical to the period set forth in the underlying certificate of eligibility.

(b) The director is authorized and directed to establish permit application and issuance procedures for all owner's permits consistent with this section, 26-21 and 26-23.

(c) The director or his/her designated representative is authorized and directed to place reasonable and necessary restrictions upon owner's permits to ensure that the potential adverse effects of pushcart vending are ameliorated to the greatest extent possible. Such restrictions may extend to such matters as the quantity, location, appearance, product mix, mobility, pushcart design and cleanliness of pushcarts and their operation. These restrictions include, but are not limited to, specific vending locations for all pushcarts located within the Civic Center and Downtown Districts.

(d) No owner's permit may be sold, leased, transferred, conveyed or granted to any other person regardless of whether or not such person holds a certificate of eligibility.

(Ord. No. NS-2453, § 5, 11-20-00)

No owner's permit shall be issued which would cause the number of pushcarts vending outside of the Civic Center and Downtown Districts to exceed one hundred and seventy eight (178). No Civic Center District owner's permit shall be issued pursuant to this article which would cause the number of pushcarts vending in the Civic Center District to exceed nine (9). No Downtown District owner's permit shall be issued pursuant to this article which would cause the number of pushcarts vending in the Downtown District to exceed thirteen (13). The number of owner's ice cream permits issued city wide shall not exceed one-hundred twenty (120).

(Ord. No. NS-2453, § 5, 11-20-00; Ord. No. NS-2481, § 9, 11-19-01)

(a) The director may suspend or revoke any permit issued pursuant to this article for any of the following reasons:

(1) Revocation, suspension or non-renewal of the certificate of eligibility issued to the owner pursuant to Division 1 of this article or of required Orange County Health Care Agency permits.

(2) Conviction on three (3) or more violations of the regulations set forth in this chapter by the owner or any of his operators.

(3) Conviction on three (3) or more failures of the holder of a permit or any of his operators to comply with the terms and conditions set forth in the permit.

(b) An owner's permit holder shall be notified in writing when a permit has been suspended or revoked. Such notice shall contain the grounds upon which suspension or revocation is based and the right to seek an appeal of the suspension or revocation under Chapter 3 of the Santa Ana Municipal Code. If no appeal is filed under Chapter 3 suspension or revocation of the permit shall become effective ten (10) days after notice is served. If a Chapter 3 appeal is filed the suspension or revocation shall become effective upon final determination by council of the appeal. Notification shall be deemed to have been served when it is personally served upon the permit holder or when deposited in the United States mail with postage prepaid and addressed to the permit holder at the last known address of the permit holder.

(c) Any person whose owner's permit is revoked shall not be eligible to apply for a new permit for a period of one (1) year following such revocation.

(Ord. No. NS-2453, § 5, 11-20-00)

Any person whose request for a permit is denied for any reason other than non-availability pursuant to section 26-23, or whose permit is suspended or revoked, may appeal such decision to the city council pursuant to Chapter 3 of this Code.

(Ord. No. NS-2453, § 5, 11-20-00)