Chapter 9.130 — Transient Outdoor Businesses

Sections:

• 9.130.010 Purpose

• 9.130.020 Permit

• 9.130.030 Application

• 9.130.040 Issuance

• 9.130.050 Fee

• 9.130.060 Regulations

• 9.130.070 Revocation 9.130.080 Appeal

The purpose of this Chapter is to provide a process to gain City approval to conduct a transient outdoor businesses.

A It is unlawful for any person to operate, maintain or conduct a transient outdoor business in the city without having a valid permit for each day of operation in compliance with this Chapter.

B. All transient outdoor businesses are hereby prohibited and no permit shall be issued for same. [18.109.020]

Completed applications for permits under this Chapter shall be made on forms approved by the Director, shall be submitted no less than 30 days prior to commencement of the transient outdoor business, and shall be signed under penalty of perjury by the business owner [18.109.030]

A. The Director may impose such reasonable conditions on the permit as deemed necessary or appropriate for the protection of the health, safety, and welfare of the city.

B. The Director may deny the permit if any similar permit issued to the business owner within the five years immediately preceding the application has been revoked or if the business owner has violated any of the regulations or conditions pertaining to any such prior permit.

C. The Director may deny the permit if the business owner has been convicted of a crime substantially related to the qualifications, functions or duties of the type of business for which the application is made or for a crime of dishonesty, fraud or deceit or if the transient outdoor business will present any substantial hazard to vehicular or pedestrian traffic which cannot be mitigated to insignificance by conditioning the permit.

Tehachapi Zoning Code | October 2014 Adopted | 9-59

Chapter 9.130 Transient Outdoor Business Permit

D. The Director may deny the permit if another permit has already been issued for the same period of time on the site proposed for the transient outdoor business. [18.109.040]

The business owner shall pay a fee to cover the cost to the City of processing the business owner's application and inspecting its transient outdoor business and the operation of same. The city may require payment of the fee upon filing of the application. [18.109.050]

A. No permit holder shall use any sound device including any loudspeaker, radio or amplifying system where sound of sufficient volume is emitted or produced capable of being plainly heard upon the streets, alleys, parks or other public places.

B. Any permit issued pursuant to this Chapter shall not be transferable or assignable in whole or in part and shall be valid only for the business owner and the location identified on the permit, and only for the period described on the permit.

C. No signs of any kind or size shall be allowed off-site from the location of the transient outdoor business.

D. Transient outdoor businesses shall be permitted only in a C-2 Zone or a zone less restrictive than C-2.

E. The business owner shall comply with all conditions of the permit and with all federal, state and local laws and ordinances. [18.109.060]

Any permit issued in compliance with this Chapter may be immediately revoked by the Director, whenever it is determined:

A. That any substantive misrepresentation was made on the application or that the business owner was convicted of a crime described in Section 18.109.040 of this Chapter; or

B. That the business owner has violated any of the regulations described in this Chapter or violated or not performed any of the conditions of its permit or that the transient outdoor business has been operated in violation of any state, federal or local law or ordinance; or

C. That the transient outdoor business is interfering with the peace and quiet of any neighborhood or that the safety of persons or real or personal property requires such revocation. [18.109.070]

Should any business owner be dissatisfied with the conditions attached to the issuance of the permit or the decision of the Director to deny or revoke a

permit, then the business owner may file for an Appeal in compliance with Section 10.20 (Appeals). [18.109.080 revised]

9-60 | Adopted October 2014 | Tehachapi Zoning Code