Wasco Municipal Code Ch. 5.24 Transient Outdoor Businesses

Sections: 5.24.010 Findings--Purpose. 5.24.020 Definitions. 5.24.030 Permit--Required compliance with provisions. 5.24.040 Permit application--Contents--Fee. 5.24.050 Permit application--Investigation--Determination. 5.24.060 Business license. 5.24.070 Permit--Nontransferable. 5.24.080 Permit--Expiration--Renewal. 5.24.090 Permit--Revocation. 5.24.100 Appeal. 5.24.110 Use of streets and sidewalks. 5.24.120 Loud noises and amplifying devices.

This council finds that the proliferation of transient outdoor businesses, typically on corner lots at major street intersections and lots on major arterials, has resulted in (1) increased traffic congestion and traffic hazards in the vicinities of such businesses, (2) increased dust and fire danger when such businesses are conducted on unsurfaced or poorly surfaced lots, and (3) incompatible land uses when considered in the context of adjacent properties. The purpose of this chapter is to provide regulation of transient outdoor businesses, as defined in Section 5.24.020, in furtherance of public health, safety and welfare and in reducing or eliminating the problems presented by the operation of such business. (Ord. 473 §1, 2002).

As used in this chapter, the following definitions shall apply:

"Transient outdoor business" means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling goods, wares and/or merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any property within the city. Transient outdoor business does not include any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Chapter 15.04, any farmers market certified by the Kern County agricultural commissioner, any seller of Christmas trees, fireworks or pumpkins. For the purposes hereof, a "temporary business" is any business conducted functionally entirely independent from the structure with such permanent foundation. No person so engaged shall be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient, outdoor business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer. (Ord. 473 §1, 2002).

No transient outdoor business shall be operated, conducted or maintained except in compliance with, and as provided in, this chapter and code, and only after having first obtained a permit. (Ord. 473 §1, 2002).

Applicants for permits under this chapter shall file with the planning director or his designee a written application signed by the applicant, or an authorized agent of officers thereof, a minimum of thirty days prior to the designated first day of business, which shall include the following:

A. The name or names of the person or persons having the management or supervision of applicant’s business during the time that it is proposed that it will be carried on in the city; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent or otherwise); the name and address of the person for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated.

B. The State Board of Equalization resale permit number;

C. The place or places in the city where it is proposed to carry on applicant’s business, including a plot plan or plot plans thereof drawn to scale, showing the location of utilities, improved parking areas, location of permanent and temporary structures, curb cuts and/or driveways and identifying the nearest available source of potable water, sanitary facilities, and fire hydrant(s); the length of time during which it is proposed that the business shall be conducted; and written authorization from the owner of the location or person in lawful possession thereof if other than the applicant, for the filing of the application;

D. The place or places, other than the permanent place of business of the applicant, where applicant within the six months next preceding the date of the application conducted a transient business, stating the nature thereof and giving the post office and street address where such business was conducted;

E. A statement of the nature, character and quality of goods, wares or merchandise to be sold or offered for sale by applicant in the city and the invoice value of such goods, wares and merchandise;

F. A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers and, if required by the planning director or his designee, copies of all such advertising, whether by handbills, circulars, newspaper advertising or otherwise, shall be attached to the application as exhibits thereto;

G. Credentials from any person for which the applicant proposes to do business, authorizing the applicant to act as such representative; and

H. A permit application fee in the amount of forty dollars, which amount reasonably represents the costs incurred by the city in processing an application for such permit and acting thereon. (Ord. 473 §1, 2002).

Upon receipt of such application, the planning director or his designee shall cause such investigation as to completeness of the application and the appropriateness of the place or places in the city where it is proposed to conduct applicant’s business to be made as he deems necessary for the protection of the public good. If, as a result of such investigation, the application is found to be incomplete or the place or places in the city where it is proposed to conduct applicant’s business are found to be inappropriate, the application shall be denied. If, as a result of the investigation the application is found to be complete and the place or places in the city where it is proposed to conduct applicant’s business are found to be appropriate, a permit shall be issued by the planning director or his designee. The planning director or his designee shall keep a full record in his office of all permits issued. Such permit shall contain the number of the permit, the date the same is issued, the nature of the business authorized to be carried on, the expiration date of the permit, the place where the business may be carried on under the permit and the name or names of the person or persons authorized to carry on the same. For the purposes of this chapter, a proposed business location is appropriate if, but only if, such location satisfies the following requirements:

A. Conduct of such business at the proposed location(s) is a permitted use under the zoning regulations applicable to the location(s);

B. Such location is the site of another operating business to which the transient outdoor business would be secondary and incidental;

C. Operation of such business at such location does not present any substantial hazard to vehicular or pedestrian traffic; and

D. Paved parking adequate for the purposes of the business exists on the proposed location(s). The adequacy of such parking shall be determined in accordance with the provisions of the city of Wasco Zoning Ordinance. (Ord. 473 §1, 2002).

Upon issuance of a permit for a transient outdoor business, the permittee shall provide a copy thereof to the city finance department and shall apply for issuance of a business license for the business. (Ord. 473 §1, 2002).

No permit shall be transferred to another site (including addition of another site to an application previously approved) or another person without written consent from the planning director or his designee as evidenced by an endorsement on the face of the permit by the planning director or his designee showing the site to which and/ or to whom the permit is transferred and the date of the transfer. The planning director or his designee may require compliance with any or all provisions of Section 5.24.040 as a precondition to consent to any transfer. (Ord. 473 §1, 2002).

All permits issued under the provisions of this chapter shall expire ninety days after date of issuance or renewal thereof unless a prior date is fixed therein. (Ord. 473 §1, 2002).

A. The permit issued pursuant to this chapter may be revoked by the city of Wasco planning director or his designee, after notice and hearing, for any of the following causes:

1. Any fraud, misrepresentation or false statement contained in the application for permit;

2. Any fraud, misrepresentation or false statement made in connection with the selling of goods, wares or
merchandise;

3. Any violation of this chapter;

4. Conviction of the permittee of any felony or of a misdemeanor involving any fraud, deceit or theft; or

5. Conducting the business permitted under this chapter in an unlawful manner or in such a manner as to
constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the
public.

B. Notice of hearing for revocation of a permit shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee, at his last known address, at least ten days prior to the date set for the hearing. (Ord. 473 §1, 2002).

Any person aggrieved by the decision of the planning director or his designee in regard to the denial of application for a permit or in connection with the revocation of a permit as provided for in Section 5.24.090 shall have the right to appeal to the city of Wasco city council. Such appeal shall be taken by filing with the city clerk, within ten days after notice of the decision by the planning director or his designee has been mailed to such person’s last known address, a written statement setting forth the grounds for the appeal. The city clerk shall set the time and place for a hearing on such appeal, and notice of such hearing shall be given to such person in the same manner as provided in Section 5.24.090 for notice of hearing on revocation. The order of this council on such appeal shall be final. (Ord. 473 §1, 2002).

Except as expressly permitted by and in accordance with provisions of this code, offer to sell, advertising or display of merchandise on any street or sidewalk in the city is prohibited. (Ord. 473 §1, 2002).

No permittee under this chapter, nor anyone in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any other sound device including any loud speaking radio or amplifying system upon any of the streets, alleys, parks or other public places of the city or upon any private premises in the city where sound of sufficient volume is emitted or produced therefrom capable of being plainly heard upon the streets, avenues, alleys or parks or other public places for the purpose of attracting any attention to any goods wares or merchandise which such permittee proposes to sell. (Ord. 473 §1, 2002).