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(2) The applicant has been convicted of a serious or violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c). (3) The applicant has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five (5) years preceding the date of the application.
(4) The applicant has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in the Act.
(5) The applicant has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the Livingston Municipal Code and/or state or federal law.
(6) The applicant is under the age of eighteen (18), or any age as may be set by state law.
(b) Upon approval of an application, the city shall deliver the required permit to the applicant. Such permit shall contain the signature and seal of the city clerk and shall show the name, address and photograph of the permittee, the class of vendor permit issued, the kind of goods or services to be sold or delivered thereunder, the amount of the fee paid, the date of issuance, and the length of time the permit shall be operative. It shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued. The city clerk shall keep a record of all active permits.
Section 2-4.060 Permit - Expiration.
All permits issued under the provisions of this chapter shall expire one (1) year from date of issuance, unless an earlier expiration date is noted on the permit.
Section 2-4.070 Permit - Badges.
The city clerk shall issue to each permittee, at the time of delivery of his or her permit, a badge, which shall be worn continuously by the permittee in such a way as to be conspicuous at all times while the permittee is conducting business in the city pursuant to such permit. The badge shall bear the appropriate words, e.g., “Permitted Vendor” or “Permitted Peddler,” the period for which the permit is issued and the number of the permit, in letters and figures clearly discernible.
Section 2-4.080 Permit - Transfer Prohibited.
No permit issued under the provisions of this chapter shall be used or worn at any time by any person other than the person to whom it was issued.
Section 2-4.090 Permit - Exhibition.
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Every person required to be permitted under the provisions of this chapter shall exhibit his or her permit when requested to do so by any prospective customer or Livingston Police Department sworn officer or code enforcement officer.
Section 2-4.100 Entry Upon Signed Premises Unlawful.
It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential premises in the city where the owner, occupant, or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on said premises, a nonilluminated flat sign of not more than one square foot bearing the words “No Solicitors,” or words of similar import.
Section 2-4.110 Hours of Solicitation.
It is unlawful for any person, while conducting the business of itinerant vendor, solicitor or peddler, whether permitted or unpermitted, to enter upon any residential or public premises between the hours of eight (8:00) P.M and eight (8:00) A.M. pacific standard time.
Section 2-4.115 Regulations Concerning Itinerant Vendors.
The following regulations shall apply to itinerant vendors as defined in Section 2-4.010:
(a) No itinerant vendor shall park or stand on a public sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(b) Itinerant vendors shall not stand or park in any parking lot of any public park in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act. Vendors within a park shall only park their vehicle, including but not limited to personal vehicle or mobile food truck, adjacent to a public park in spaces designated by signage. The designations shall be made and posted from time to time by the city manager or designee, who may limit the number of spaces for itinerant vendors.
Vendor vehicles, including but not limited to personal vehicle or mobile food truck, not parked within the designated parking spaces shall constitute a public nuisance and shall be subject to the provisions of the Livingston Municipal Code.
(c) No chairs or tables are allowed to be placed on the sidewalk in a manner which blocks or prevents pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(d) Vendors shall remove any debris from the sales, ensure a receptacle is available for the disposal of debris, and make sure that the area is kept clean.
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(e) School Zones. No itinerant vendor shall stand or park within three hundred feet of any school zone weekdays, Monday through Friday, from eight (8:00) A.M. to four (4:00) P.M. except for holidays and when school is not in session.
(f) Public Streets. No itinerant vendor shall stand or park on any street in a commercial zone any truck, trailer, wagon or push cart in a manner which blocks or prevents vehicle traffic, pedestrian traffic or violates any of the requirements of the Americans with Disability Act or California Disabled Persons Act.
(g) Private Property. Itinerant vendors shall be permitted on developed private property only in commercial, industrial and open space zoning districts. The area occupied by each itinerant vendor on private property shall not exceed nine hundred square feet and shall be located on hard surface paving.
Itinerant vendors are prohibited in residential zoning districts. (h) Mobile Food Facility and/or Restaurant on Wheels. Itinerant vendors shall not be permitted to operate a mobile food facility and/or restaurant on wheels which remains at the same location, property or parcel for more than eight (8) hours or two (2) consecutive days.
Section 2-4.120 Enforcement Authority.
Any city police officer or code enforcement officer may require any itinerant vendor, solicitor or peddler, who is not known to such officer to be duly permitted to do so, to produce his or her permit, and to enforce the provisions of this chapter against any person found to be violating the same.
Section 2-4.130 Records.
City staff shall record any violations of this chapter on the permanent record of said permit kept pursuant to the provisions of subsection (d) of Section 2-4.050 of this chapter.
Section 2-4.140 Permit - Revocation.
Permits issued under the provisions of this chapter may be revoked by the city, after notice and hearing, for any of the following causes:
(a) Fraud, misrepresentation, or false statement contained in the application for permit;
(b) Fraud, misrepresentation, or false statement made by the permittee in the course of carrying on the business of vendor, solicitor or peddler; (c) The violation of any provision of this chapter or the Livingston Municipal Code;
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(d) Conviction of any crime involving theft, dishonesty, fraud, narcotics sales, narcotic trafficking or as identified within California Penal Code Sections 667.5 and 1192.7(c) and the Federal Controlled Substance Act.; (e) Conducting the business of vendor, solicitor or peddler in such a manner as to constitute a breach of the peace or create a threat to the health, safety, or general welfare of the public.
Section 2-4.150 Notice of Hearing on Revocation.
Notice of the hearing for revocation of a license pursuant to the provisions of Section 2-
4.140 of this chapter shall be given in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Said notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee.
Section 2-4.160 Permit - Appeal Procedure.
Any person denied a permit or had a permit revoked under the provisions of this chapter shall have the right to appeal such action or decision to the city manager or his/her designee.
Such appeal shall be taken by filing with the city clerk, within ten (10) days after notice of the action or decision complained of has been mailed to such person’s address as shown on his or her permit application form, or to such person’s last known address, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city manager or his/her designee and the city manager or his/her designee shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be given to the appellant in the same manner as is hereinabove in this section provided for the mailing of notice of action or decision. The decision of the city manager or his/her designee on such appeal shall be final and binding on all parties concerned.
Unless the governing ordinance or statute provides otherwise, if the appellant seeks further relief, the appellant shall file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.
Section 2-4.170 Claims of Exemption.
Any person claiming to be legally exempt from the regulations set forth in this chapter, or from the payment of a permit fee as provided in Section 2-4.040 of this chapter, shall cite to the city clerk in statute or other legal authority under which exemption is claimed and shall present to the city clerk proof of qualification for such exemption.
Section 2-4.180 Penalty for Violations.
Any person who violates any of the provisions of this chapter shall be punished as follows:
(a) With a permit:
(1) An administrative fine not exceeding one hundred dollars ($100) for a first violation.
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(2) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation. (3) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation. (4) Upon a fourth (4) violation of this chapter, the permit shall be rescinded.
(b) Without a permit:
(1) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
(2) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation. (3) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation. (c) Failure to pay an administrative fine pursuant to section shall not be punishable as an infraction or misdemeanor.
Any other violation(s) of the Livingston Municipal Code shall be subject to the established enforcement and penalties of said municipal code.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption. Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation.
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I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving the first reading, except by Title, at a regular meeting thereof held on the 6th day of August 2024, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of _______________ 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
Monica Cisneros, Deputy City Clerk
CITY OF LIVINGSTON
By:
Jose Moran, Mayor
APPROVED AS TO FORM:
By:
Roy C. Santos, City Attorney
Aleshire & Wynder, LLP
I, ______________________________, City Clerk of the City of Livingston, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Livingston on the date and by the vote indicated herein.