Santa Maria Municipal Code Ch. 10-5 Commercial Activity and Concession Permits Within City Parks

To further improve the overall experience of the public's use of the City's parks and recreational areas, the City of Santa Maria issues commercial vendor permits to businesses whose activities directly enhance the enjoyment of the public within City parks and recreational areas. Fees collected from issued permits shall be used to examine a proposed vendor's fitness to operate in parks, inspect vendors' activities after permit issuance, improve or maintain parks where vendors are allowed to operate, investigate complaints, and like regulatory activities.

This Chapter shall be administered by the Director of Recreation and Parks, and or his or her designee, who shall be referred to hereinafter as the "Director." Applications for permits shall be made to the Director, who may issue said permits. The Director shall have authority to enforce the provisions of this Chapter, and may suspend or revoke permits as subsequently provided for in this Chapter. Any person aggrieved by the Director's decision to deny issuance of, or to suspend or revoke, a permit issued under this Chapter may appeal the Director's decision to the Recreation and Parks Commission as provided in Section 10-5.12.

(Ord. 2017-14 § 1, eff. 9/14/17)

This Chapter shall apply to any outdoor park or recreational area under control or jurisdiction of the City of Santa Maria, regardless of license, lease or tenure. This Chapter shall not apply to "Sidewalk Vendors" as defined in Section 4-20.2 of this Code; provided, however, that "Sidewalk Vending Permit" holders or other mobile vendors operating within any outdoor park or recreational area under control or jurisdiction of the City of Santa Maria, but not operating solely from a public sidewalk or other pedestrian path are subject to the requirements of this Chapter.

(Ord. 2017-14 § 1, eff. 9/14/17; Ord. 2021-01 § 2, eff. 2/18/21)

The following words and phrases, whenever used in this chapter, shall be defined as follows:

"Push Carts":

a wheeled cart able to be moved by one or two operators by hand. Push Carts may be no larger than 6 x 4 feet, and 5 feet in height.

"Mobile Bicycle Vending":

a bike specially developed for the sale of pre-packaged foods, ice cream, and sundries.

"Motorized Vehicle":

a truck or van licensed for use on streets and highways that is equipped for preparing and vending food, or for vending approved items or services. The Motorized Vehicle may be no longer than 20 feet and not greater than 12 feet in height.

"Education and Fitness":

programs, education, and training classes such as educational instruction, fitness training, tours, Tai Chi, and similar activities.

"Business":

any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are performed.

"Employee":

any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

"Employer":

any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual persons.

"Park":

any area of land and improvements owned, held in trust by, or leased by the City of Santa Maria that exist for the purposes of recreation, aesthetic value, or the conservation or preservation of cultural, historical, or natural resources, and includes open waterfront recreational park areas.

"Recreational area":

any City recreational facility or any location in the City of Santa Maria that is used for recreational purposes that is not a "park." Such areas include, but are not limited to, areas immediately adjacent to City-owned buildings such as plazas, parking lots, courts, etc.

"Enforcing authority":

a peace officer, code compliance officer, environmental health officer, the Director and or his or her designee, or other employee of the City of Santa Maria that may have responsibility for inspections and enforcement of state law or this Code.

(Ord. 2017-14 § 1, eff. 9/14/17)

(a) A vendor permit must be obtained for any commercial use on, within, or entailing the use of City of Santa Maria parks or recreational areas.

(b) All permits shall be consistent with commercial uses intended to enhance the overall visitor experience at or within a park.

(c) All permits issued pursuant to this policy shall be effective for the dates designated on an annual basis. All permits issued shall be effective on the first day of the following month of issuance and shall expire one year from the effective date thereof unless sooner revoked.

(d) A vendor permit does not create an exclusive use of an area by the permit holder unless specified under a separate executed agreement with the City, and then is only limited to the scope of said agreement. The permit holder shall not interfere with other valid uses of the park by other uses or other persons, including vendor permit holders under this Chapter.

(e) A vendor permit does not guarantee access to a park if that park or a portion thereof is closed by the Director or other authorized City personnel for any reason.

(f) The permit holder must follow all conditions and requirements of the vendor permit as well as all state and federal laws and City ordinances.

(g) Issued permits are only valid for the person named in the application and shall not be sold or otherwise transferred to another person or business.

(h) Permit holders shall not assign, contract, or sublease any portion of the permit authorization or interest therein, directly or indirectly, voluntarily or involuntarily. Subcontractors of the permit holder shall apply for and obtain a separate vendor permit in order to engage in commercial uses within the scope of this Chapter.

(i) The Director may deny issuance of a pending permit if the applicant has not followed the procedures or conditions of this Chapter, or is otherwise not in compliance with this Code or state law, including but not limited to criminal laws or the payment of any tax, government fee, or a court order.

(j) The Director may deny issuance of a pending permit if the proposed commercial uses are contrary to the nature, character, or customary uses of the park for which a permit is sought. The Director may at his or her discretion deny issuance if multiple persons engaging in the same commercial use would unduly transform the nature of the park or area within, cause crowding, or otherwise disrupt the public's reasonable use and enjoyment of the park.

(k) Permit holders shall not create or cause a public nuisance.

(Ord. 2017-14 § 1, eff. 9/14/17)

Persons shall apply to the Director for permits at the Recreation and Parks Department office. All applications are subject to a 30 day review process to ensure conformity with this Chapter and the City's overall mission. Items to be submitted at the time of application will include:

(a) Legal business name with contact information and tax identification number;

(b) Proof of insurance;

(c) Description of commercial activity, sales and/or services, including specific items or merchandise to be sold;

(d) Description of vehicles to be used in parks or on City property, if applicable;

(e) State Sales Tax Permit information, if applicable;

(f) Copy of vehicle insurance for mobile vehicles (if applicable);

(g) Copy of valid Driver's License;

(h) Copy of current City business license;

(i) Santa Barbara County Environmental Health Services Permit (if applicable);

(j) Complete menu or list of products for sale, including pricing information; and

(k) Photograph of vending unit and/or vehicle.

(Ord. 2017-14 § 1, eff. 9/14/17)

The fee for vendor permit shall be:

(a) $91 Education and Fitness Providers;

(b) $273 for up to three Mobile Bicycle Vending and Push-Carts;

(c) $91 for each additional Mobile Bicycle Vending and Push-Carts; and

(d) $273 for Motorized Vehicles.

(Ord. 2017-14 § 1, eff. 9/14/17)

All fees and documentation will be due at the time the application is submitted. The applicant is responsible for securing all required permits and licenses for vending in the City of Santa Maria, as well as any necessary permits required by law applicable to the concession.

(Ord. 2017-14 § 1, eff. 9/14/17)

The following locations are usable with a mobile vendor permit provided the public purpose is compatible with the existing facilities, and does not interfere with health, safety, and welfare of the public. Other Parks and/or Recreational Areas will be considered on a case-by-case basis:

(a) Adam Park & Basin - 600 West Enos Dr.

(b) Armstrong Park - 1000 East Chapel St.

(c) Atkinson Park - 1000 North Railroad Ave.

(d) Buena Vista Park - 800 South Pine St.

(e) Civic Center - 421 South McClelland St.

(f) Crossroads Basin – South College Dr.

(g) Fletcher Park - 2200 South College Dr.

(h) Grogan Park - 1155 West Rancho Verde

(i) Jim May Park - 809 Stanford Dr.

(j) Joe White Park - 500 South Palisade Dr.

(k) Maramonte Park - 620 East Sunrise Dr.

(l) Marilyn Stanley Park - 2600 La Costa Dr.

(m) North Preisker Ranch Park - 801 West Boxcar Pl.

(n) Oakley Park - 1300 North Western Ave.

(o) Preisker Park - 330 Hidden Pines Way

(p) Rice Park - 700 East Sunset Ave.

(q) Rodenberger Park - 2725 Santa Barbara Dr.

(r) Rotary Centennial Park - 2625 South College Dr.

(s) Russell Park - 1000 West Church St.

(t) Sierra Vista Park - 809 Panther Dr.

(u) Tunnell Park - 1100 North Palisade Dr.

(v) Veterans' Memorial Park - 313 West Tunnell St.

(w) Westgate Ranch Park - 1800 Westgate Rd.

(Ord. 2017-14 § 1, eff. 9/14/17)

Nothing in this Chapter prohibits or allows the use of properly licensed vehicles/carts on private property or non-City owned public property.

(a) Vendors agree to be self-contained for waste removal. All waste must be removed from the site by the Vendor at least daily, and more frequently if necessary.

(b) Applications and fees must be submitted at least 30 days in advance of the requested date(s) for usage.

(c) The Department shall coordinate review of the application with appropriate City authorities.

(d) Vendors shall not obstruct or impede the pedestrian path of travel or traffic flow. Mobile vending placement must adhere to Federal, State, and local regulations and policies.

(e) Structures, canopies, tables or chairs are not permitted to be set up around the establishment or pushcart.

(f) Vending shall not be permitted directly to persons in vehicles or from curbside.

(g) The permit must be prominently displayed on the mobile vending vehicle/cart at all times during which vending occurs.

(h) Permits granted under this chapter are invalid during special events approved by the City. Special event permits require an application and additional fees to the sponsor of the special event, above and separate from the application for a mobile vendor permit.

(Ord. 2017-14 § 1, eff. 9/14/17)

The Director of the Department shall maintain a list of generally approved types of concessions permitted within the City of Santa Maria's parks. All such concessions are subject to the requirements of the Santa Maria Municipal Code, park policies and are subject to control and conditions of operation as set forth by the Director or Director's designee. Approved concession products and services include:

(a) Food and non-alcoholic beverages for immediate consumption;

(b) Maps, umbrellas, and sundries;

(c) Fitness and training; and

(d) Education and instruction.

(Ord. 2017-14 § 1, eff. 9/14/17)

Any violation of a provision of this Chapter shall be punishable as a misdemeanor. Alternatively, in lieu of, or in addition to, a criminal prosecution, any violation of this Chapter may by punishable by the issuance of a Compliance Order pursuant to the provisions of Chapter 1-8 and/or issuance of an Administrative Citation pursuant to the provisions of Chapter 1-9 of the City of Santa Maria Municipal Code.

(Ord. 2017-14 § 1, eff. 9/14/17)

The provisions of this Chapter may be enforced by any duly appointed peace officer, code enforcement officer, environmental health officer, or designee of the Director of Recreation and Parks. Other employees of the City of Santa Maria having responsibility for inspection and regulation of the activities engaged in by the vendor, or for enforcement of park rules or this Code, i.e. an enforcing authority, may likewise enforce the provisions of this Chapter. Any enforcing authority may issue such citations or notices or take any other actions as may be appropriate under the circumstances.

(Ord. 2017-14 § 1, eff. 9/14/17)

(a) An individual(s) aggrieved by the Director's decision to deny issuance of a permit under this Chapter, or to suspend or revoke a permit issued under this Chapter, shall have the right to appeal the Director's decision to the Recreation and Parks Commission.

(b) A request for an appeal of the Director's decision must be filed in writing with the Director within 14 calendar days from the date of the Director's decision. The request for an appeal shall state the following:

(i) The appellant's name;

(ii) The appellant's address and a telephone number where he/she can be reached;

(iii) A concise statement explaining why the appellant believes the Director's decision was invalid or unjustified; and

(iv) A copy of the written decision of the Director (if applicable).

(c) A hearing on the appeal shall be held within 45 calendar days following the filing of the appeal, except the Director may reasonably postpone the hearing date at the request of the appellant or City staff. The appellant shall be provided notice of the hearing date, time, and location of the hearing at least 15 calendar days prior to the hearing date. The hearing shall take place at a regular meeting of the Recreation and Parks Commission, and shall afford a reasonable opportunity for the appellant to be present, and present evidence that the Director's decision was invalid or unjustified. The appellant shall not have the right to cross-examine the Director or any other staff, but may allow others to provide testimony as part of its presentation. Recreation and Parks Commissioners shall have the power to ask questions of the appellant and any persons that present testimony for the appellant, as well as of the Director and City staff.

(d) The Recreation and Parks Commission shall issue its decision at the conclusion of the hearing on the appeal, unless the Commission continues the hearing to the next regular (or a special) meeting for further deliberations or to obtain additional information it believes is necessary to decide the merits of the appeal.

(e) The decision of the Recreation and Parks Commission on the appeal shall be final. Any person affected by the decision may appeal the decision to the Superior Court of Santa Barbara County pursuant to California Code of Civil Procedure section 1094.5.

(Ord. 2017-14 § 1, eff. 9/14/17)