Yuba County Municipal Code Ch. 6.76 Vendor Permits Issued for County Parks and Recreation Areas

To further improve the overall experience of County parks and recreation areas, Yuba County elects to issue vendor permits to businesses whose activities directly enhance the enjoyment of the public within County parks and recreation areas. Fees collected from permit issuances shall be used to examine a proposed vendor's fitness to operate in parks and recreation areas, inspection of vendors' activities after permit issuance, improvement or maintenance of park and recreation areas where vendors are allowed to operate, investigation of complaints, and like regulatory activities.

This Chapter shall be administered by the Director of Public Works, 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 ultimate authority to enforce the provisions of this Chapter, and may suspend or revoke permits as subsequently provided for in this Chapter.

(Ord. No. 1513)

This Chapter shall apply to any indoor or outdoor park, park-like or recreational area as those are defined in this Chapter, whose boundaries fully or partially lie within the unincorporated portions of the County of Yuba and are under the control or jurisdiction of the County, regardless of license, lease or tenure.

(Ord. No. 1513)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(1) Commercial use means any activity whereby a person sells, solicits, proposes to sell, or advertises, tangible goods or merchandise, or services, whether or not those goods or services are delivered or provided at the time they are ordered or are to be delivered or provided to the purchaser at a later date or time. "Merchandise" includes drinks, food, or foodstuffs.

(2) Enforcing authority means a peace officer, code enforcement officer, environmental health officer, designee of the Director of Public Works, or other employee of the Yuba County Community Development and Services Agency that may have responsibility for inspections and enforcement of state law or this Code.

(3) Park means any area of land and improvements owned, held in trust by, or leased by Yuba County that exist for the purposes of recreation, aesthetic value, or the conservation or preservation of cultural, historical, or natural resources, and includes County lakes and recreation areas. The major designations and scope of County parks subject to this Chapter are more fully enumerated in Title VIII of this Code in Chapters 8.50 through 8.80, inclusive, but the term "park" is not limited to those areas designated in Title VIII.

(4) Peddler means a person who walks or goes from place to place within a park and solicits or attempts to engage in commercial transactions from person to person.

(5) Person means an individual, firm, partnership, association, or corporation, whether or not the foregoing operate on a for-profit or not-for-profit basis. A "permit holder," "vendor," or "permittee" is a person as defined in this Subsection.

(Ord. No. 1513)

(a) A vendor permit must be obtained for any commercial use on, within, or entailing the use of County owned or leased parks as defined in Section 6.76.030.

(b) Permits shall be valid for one park only. Vendors wishing to engage in commercial uses on or within multiple parks must obtain a separate permit for each park.

(c) All permits shall be consistent with commercial uses intended to enhance the overall visitor experience at or within a park. Preference for issuance of permits will be given to persons whose business or operation is located in Yuba County first, then otherwise to those located within the Yuba-Sutter Enterprise Zone.

(d) Permits are valid for one calendar year, January 1 through December 31, inclusive. Permits must be renewed each year in order to engage in commercial uses.

(e) 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 County, 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.

(f) 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 County personnel for any reason.

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

(h) 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.

(i) 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.

(j) 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.

(k) 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 discretion deny issuance if another person holds a permit for the same or similar commercial use at that park, or another application has been submitted prior in time, such that 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.

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

(Ord. No. 1513)

Persons shall apply to the Director for permits at the Community Development and Services Agency office. All applications must be completed and submitted personally at the office, and are subject to a 30 day review process to ensure conformity with this Code and the County's overall mission. Items to be submitted at the time of application will include:

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

(2) Proof of insurance;

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

(4) Description of vehicles to be used in park or on County property, if applicable;

(5) State Sales Tax Permit information, if applicable.

(Ord. No. 1513)

The fee for each vendor permit shall be $400.00 per calendar year and shall apply to one park site only. Vendors shall acquire a separate permit for each park in which they intend to conduct business. Once issued, all permit fees are nonrefundable. If for any reason a permit application is not approved and no permit issued, the permit fee shall be refunded in full to the applicant.

(Ord. No. 1513)

Vendor permit holders shall name the County of Yuba as an additional insured, not co-insured, and shall obtain a specific provision or rider to the effect that the policy will not be cancelled or its provisions changed or deleted before 30 days written notice by the insurance company to the County of Yuba. The person's name used on the original permit application must be the same name used for liability coverage.

The minimum amount of insurance coverage shall be at least the amount approved by the County as detailed on the application form.

Persons seeking to offer goods or services which may be considered hazardous or otherwise pose a substantial risk of physical or environmental injury may be subject to higher minimum coverage amounts at the Director's or County Risk Manager's discretion.

(Ord. No. 1513)

(a) Persons holding a vendor permit may engage in commercial uses in County parks only when in possession of a current, valid vendor permit and only to conduct the specific commercial use for which the permit was issued, as detailed in the application for the permit.

(b) At no time shall a person establish a permanent or semi-permanent operation upon any park or other County-owned or leased property unless specified under a separate executed agreement with the County.

(c) Persons are prohibited from constructing, erecting, or placing any building, structure, or fixture, in parks or County-owned or leased property unless specified under a separate executed agreement with the County.

(d) Persons in possession of a valid vendor permit may use the approved park or recreation area for temporary day use only and must ensure all stands, signs, merchandise, and other property is removed prior to the posted closing hours of the park, unless specified under a separate executed agreement with the County.

(e) Permit holders are only authorized to setup or locate in specific area(s) of the park or property as approved by the Director.

(Ord. No. 1513)

(a) Permit holders must post a copy of their vendor permit in plain view where customers and County personnel can read it. Permit holders must be prepared to show the original or a certified copy of the permit when requested by any peace officer or County employee authorized to enforce this Chapter.

(b) Permit holders shall not obstruct, impede, or harass any visitor, employee, or volunteer.

(c) Peddling upon any park or County property is strictly prohibited. All customers must seek out the services of the permit holder on their own accord.

(d) All vending sites are first come-first served to permit holders. Reserving or saving specific locations within a park is prohibited.

(e) Permit holders shall not operate or remain on or in the park or other County-owned or leased property beyond the posted park hours. Any property or merchandise left behind shall become the property of Yuba County. In designated campground areas open to the public 24 hours a day, persons shall not remain on-site between the hours of 8:00 p.m. through 8:00 a.m., unless validly occupying a campsite under a purchased camping permit, in which case the person will not operate during the aforementioned hours.

(f) All vehicles and equipment transported into a park for commercial use shall be clearly identifiable as such and be neat, orderly, sanitary, and in a safe condition. Only vehicles listed on the application shall be permitted.

(g) Permit holders are responsible for the proper removal and disposal of all trash and litter generated at the vending site consistent with Chapter 7.05 of this Code, including that produced by customers. The Director may condition a person's permit on supplying a waste receptacle at the site of their operations.

(Ord. No. 1513)

Only those specific products or services approved in writing on the vendor permit application at the time of issuance may be sold or offered.

Persons shall be prohibited from offering, selling, soliciting, or providing the following products or services within any park or County property unless specifically exempted by ordinance:

(1) Alcohol;

(2) Tobacco;

(3) Ammunition;

(4) Fireworks or any explosives;

(5) Motor vehicle fuel;

(6) Pornography or obscene material;

(7) Controlled substances, drugs, salvia, or drug paraphernalia;

(8) Plants or animals, other than bait customarily used for fishing;

(9) Glass products or beverages in glass containers;

(10) Any item otherwise unlawful for sale, possession, or use within the State of California or in violation of any Yuba County ordinance.

(Ord. No. 1513)

Except as otherwise provided in this Chapter, any person violating any provision of this Chapter shall be subject to the following administrative penalties:

Any person in subsequent violation of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof may be punished by imprisonment in the County jail for a term not exceeding six months or a fine not exceeding $1,000.00 or both. Each separate day during which any single violation continues is a separate offense.

(Ord. No. 1513)

(a) Notwithstanding Section 6.76.110, the Director, his designee or any other individual having enforcement authority under this Chapter, may suspend a permit immediately if the vendor's activities or conduct are imminently harmful or injurious to the health or safety of the public. The enforcing authority shall take possession of the original permit, order discontinuance of the vendor's operations, and as appropriate may cite or arrest the vendor for any violation of this Code or other law that may have occurred.

(b) An enforcing authority shall notify the Director of the suspension and as soon as possible deliver the surrendered original permit to the Director. The Director shall contact the vendor as provided on the application form and ask if the violation(s) have been corrected. Should a vendor fail to correct the violation(s) as determined by Director and to the Director's satisfaction within five days of suspension, the Director may:

(1) Revoke the permit; or

(2) Extend the suspension for a period of no more than 30 days from the original date of suspension and give the vendor additional time for compliance.

If the vendor is still not in compliance after the extended period provided in subdivision b.2), the Director shall revoke the permit for three years as specified in Section 6.76.110.

(Ord. No. 1513)

A vendor has no right to appeal a suspension, but may appeal the denial or revocation of a permit and the imposition of an administrative fine. The appeals process shall conform to that set forth regarding peddler and itinerant merchant license appeals contained in Chapter 6.38 of this Code, Sections 6.38.090 through 6.38.110 inclusive. However, the informal administrative hearing shall be performed by the Director as the issuing authority.

(Ord. No. 1513)

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 Public Works. Other employees of the Yuba County Community Development and Services Agency 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. No. 1513)

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

(Ord. No. 1513)