C
ITY OF SIMI VALLEY
MEMORANDUM
N
ovember 7, 2022
TO
: City Council
F
ROM: City Clerk’s Office
S
UBJECT: S ECOND READING OF ORDINANCE NO. 1345 AMENDING CHAPTER 5-12 AND ADDING CHAPTER 5 -45 OF THE SIMI VALLEY MUNICIPAL
CODE REGARDING SIDEWALK VENDORS AND ADOPTION OF A
RESOLUTION SETTING PERMIT AND APPEAL FEES FOR THE
SIDEWALK VENDING PROGRAM
STAFF RECOMMENDATION
I
t is recommended that Ordinance No. 1345 be adopted.
BACKGROUND
T
he attached O rdinance No. 1345 was introduced for first reading at the City Council meeting of October 24, 2022, without modification.
SUGGESTED CITY COUNCIL MOTION
I
move to adopt Ordinance No. 1345.
___
_______________________________
Lucy Blanco
City Clerk
P
repared by: Lucy Blanco, City Clerk
INDEX Page
O
rdinance No. 1345 ......................................................................... 2 AGENDA ITEM NO.
8A
ORDINANCE NO. 1345
A
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY AMENDING CHAPTER 5 -12 OF THE SIMI
VALLEY MUNICIPAL CODE AND ADDING CHAPTER 5 -45
(SIDEWALK VENDORS)
W
HEREAS, Senate Bill (“SB”) 946, codified in Government Code Section 51036 and following, imposes limits on how cities may regulate sidewalk vending; and W
HEREAS, among other things, SB 946 limits city regulation of sidewalk vending to restrictions that are directly related to objective health, safety, or welfare concerns and pr ohibits punishment for street vending -related violations unless it is through an administrative fine; and
W
HEREAS, SB 946 recognizes that cities have an interest in the regulation of traffic, including ensuring the appropriate flow of traffic and in ens uring the safety of pedestrians on the road or the sidewalk, and acknowledges that municipal regulations that are directly related to objective health, safety, or welfare concerns may be adopted and;
W
HEREAS, such regulations include those concerning hours of operation, sanitation, sidewalk access, food and health permits, compliance with other generally applicable laws, and avoidance of interference with city -sponsored special events or permitted activities; and
W
HEREAS, the City of Simi Valley addresses itinerant hawkers, peddlers, solicitors, and merchants through Simi Valley Municipal Code (SVMC) Chapter 5- 12, which prohibits vending from public sidewalks, right -of-ways, or areas adjacent to public sidewalks and right-of-ways, but does not explicitly address the type of sidewalk vending activity addressed by SB 946; and
W
HEREAS, the City Council desires to amend the SVMC to implement sidewalk vending regulations consistent with the requirements of SB 946, and make other conforming changes to Chapter 5-12 and other sections of the SVMC.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:
S
ECTION 1. The City Council exercises its independent judgment and finds that the proposed ordinance is not subject to California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject regulations have no potential for resulting in any significant physical change to the environment, either directly or indirectly.
2 ORD. NO. 1345
SECTION 2. Chapter 5- 45 (Sidewalk Vendors) is added to the SVMC as set forth in the attached Exhibit A.
SE
CTION 3. Chapter 5- 12 (Itinerant Hawkers, Peddlers, Solicitors, and Merchants) is amended and restated as set forth in the attached Exhibit B.
SE
CTION 4. If any provision of this Ordinance is declared invalid by a court of competent jurisdiction, adjudicated to a final determination, the City Council finds that said voided part is severable, that the City Council would have adopted the remainder of this Ordinance without the severed and voided part, and that the remainder of this Ordinance shall remain in full force and effect.
SE
CTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SE
CTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.
PASSED
and ADOPTED this 7th day of November 2022.
At
test:
Lucy Blanco, City Clerk Keith L. Mashburn, Mayor of the City of Simi Valley, California
Ap
proved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager David M. Livingstone
Chief of Police
3 EXHIBIT A
Chapter 45
SIDEWALK VENDORS
5 -45.01 – Purpose and Findings.
P
urpose.
S
ections 51036 thru 51039 of the California Government Code confers upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizens. The requirements set forth in this chapter are intended to protect the public's health, safety, and welfare using objective standards by ensuring that vendors on public property provide safe and sanitary conditions for consumers and the general public, are adequately insured, are properly licensed with all agencies, and employ persons that do not pose a threat to customers and the general public. This Chapter is adopted pursuant to the City's police powers for the purpose of regulating vending on the Sidewalk as defined in this Chapter.
F
indings.
1. T
he provisions set forth in this chapter ensure that the important goals and policies of the City Council are upheld;
2. Establishing the requirement of a background check for street vendors and sidewalk vendors allows the City to continue to meet its commitment to public health, safety, and welfare;
3. Establishing restrictions on street and sidewalk vending and operating noise-making devices in residential zones protects the quality of life of City residents and minimizes disruption to the peace and quiet enjoyment of residential property;
4. Establishing traffic and safety conditions for street and sidewalk vendors ensures the safety of residents , street and sidewalk vendors , and minimizes impact to public streets and the public right-of-way.
5 -45.02 – Definitions.
U
nless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a
) “Cart” means any pushcart, pedal -driven cart, wagon, bicycle, tricycle, display, rack, showcase, stand, table, display, or other non-motorized conveyance, other wheeled container or mechanism or from one’s person, and includes a stationary cart or a roaming cart.
(b) “
California Retail Food Code” means Part 7 of Division 104 of the California Health and Safety Code (commencing at Section 113700).
(c
) “Chief” means the Chief of the Police Department or his/her designee.
ORD. NO. 1345
4 (d) “Department” means the City’s Police Department.
(e) “
Food” means any type of edible substance or beverage.
(f) “
Goods” or “merchandise” means any items and products of every kind and description, including all food, produce, and beverage items. (g) “H
ealth Department” means the County of Ventura Resource Management Agency Environmental Health division, or its successor. (h) “
Health Department Permit” means any and all licenses, permits, certifications, and courses required and issued by the Health Department to vend food within the City in accordance with this Chapter.
(i) “P
erson” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity. (j) “
Roaming vending cart” means a pushcart, pedal- driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor, to be moved from place to place, and with stops only to complete a transaction. (k) “
Roaming sidewalk vendor” has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction. (l) “
Rules and regulations” means the rules and regulations, if any, established by the C hief and adopted by C ity Council resolution, concerning the sidewalk vending program that are intended to clarify and aid in the administration and enforcement of this chapter.
(m) “
Sidewalk” means any paved surface in the public right-of-way provided for the use of pedestrians and includes pedestrian paths or any real public property, public easement, public street, street median, alley, parkway, public sidewalk, or other interest therein owned, held, leased, operated or otherwise controlled by the City. (n) “
Sidewalk vending permit” means a permit issued by the City to vend goods or merchandise within the City in accordance with this Chapter. (o) “S
idewalk vending program” means the program established by this Chapter that is applicable to sidewalk vending-related activities.
ORD. NO. 1345
5 (p) “Sidewalk vendor” has the same meaning as set forth in Government Code section 51036(a), and includes a person who sells food, goods or merchandise from a Cart upon a Sidewalk.
(q) “
State seller’s permit” means a permit issued by the California Department of Tax and Fee Administration.
(r) “S
tationary vending cart” means a Cart intended to be operated from a fixed location by a Stationary sidewalk vendor.
(s) “
Stationary sidewalk vendor” has the same meaning as set forth in Government Code section 51036(c), and includes a S idewalk vendor who vends from a fixed location.
(t) “
Vend” or “Vending” means to sell, offer for sale, expose or display for sale, solicit offers to purchase, barter, or exchange anything of value, even if the transaction is characterized as a donation.
5-45.
03 – Administration.
(a) T
he Department is authorized to issue S idewalk vending permits in accordance with this Chapter.
(b) T
he Chief is authorized to develop and enforce, rules and regulations regarding the licensing, permitting, and operation of vending from a Sidewalk , in accordance with this Chapter.
5-45.
04 – Sidewalk Vending Permit required.
No Si
dewalk vendor may vend or operate anywhere within the C ity without first obtaining a Sidewalk vending permit. Sidewalk vendors must comply with the terms and conditions set forth in the Sidewalk vending permit.
5-45.
05 – Application requirements.
(a) T
o obtain or to renew a S idewalk vending permit, a Sidewalk vendor must provide the following as part of the application:
1. Val
id identification, such as a State of California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number, So cial Security number, or any other government -issued identification card.
2. The
full true name, address and telephone number (business and residential) of the Sidewalk vendor.
ORD. NO. 1345
6 3. Applicant's height, weight, and color of eyes and hair;
4. One (
1) photograph of the applicant at least two (2") inches by two (2") inches taken within four (4) months preceding the date of the application;
5. P
roposed hours and days of operation.
6. W
hether the Sidewalk vendor intends to operate a S tationary vending cart or a Roaming vending cart.
7. P
roposed location of operation. An application for placement of a Stationary vending cart in a Commercial or Industrial zoned area of the City as identified in the City Municipal Code must contain the proposed location, marked by major cross streets, and a photo or sketch of such location. An application for a R oaming vending cart in a Residential zoned area of the City as identified in the City Municipal Code must contain a sketch or description of the route the Sidewalk(s) vendor will travel.
8. T
he type of goods or merchandise the Sidewalk vendor will vend.
9. P
roof of a valid City Business Tax Certificate.
10. P
roof of liability insurance, to be kept in force during the term of the permit, for public liability and bodily injury , issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A -VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without thirty (30) days' prior written notice to the City and Chief. The insurance policy shall insure the Sidewalk vendor and shall name the City as an additional insured against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the Cart, or from violation of this C hapter or of any other law of the state or the United States. The insurance policy shall be in the sum in an amount not less than $1 million. The City may accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the City determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a risk retention group satisfactory to the City; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant;.
11. T
he application or renewal fee.
12 . Proof of a valid California Department of Tax and Fee Administration seller’s permit and additional licenses from state or local agencies to the extent required by law.
13 . Proof of a valid Health Department Permit and California Retail Food Code compliance for food-related vending, if applicable.
ORD. NO. 1345
7 14
. Proof of a valid certificate of completion of a food handler course, if applicable.
15 . A list of all convict ions for any felony or misdemeanor (exclusive of any violations not constituting a felony), the nature of the offense, and the place, date, and disposition of the charge, including the penalty assessed.
16. C
ompleted, City provided live scan request form signed by live scan operator;
17 . A statement as to whether or not the applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason(s) for the revocation(s).
18 . A statement as to the number of carts to be used.
19. A
declaration that the information provided to the C ity is true and correct.
(b) S
idewalk vending permits will expire one year after the date of issuance. (c) S
idewalk vending permits are not transferable.
(d) A
person whose S idewalk vending permit is revoked may not renew their Sidewalk vending permit for one year.
(e) I
n accordance with Government Code section 51038(c)(4), identification numbers, such as social security numbers, sha ll be confidential and sha ll not be disclosed.
(f) A
n applicant may apply to operate a maximum of three separate carts. (g) I
mmediately report a lost or stolen permit to the Department. (h
) Return the permit to the Department immediately on termination of employment or self -employment. A Sidewalk vendor permit shall become void upon termination of employment or self-employment;
(i) N
ot allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it shall be considered a violation of this Chapter, unless previously reported as lost or stolen as indicated in this section.
ORD. NO. 1345
8 5-45.06 – Chief review and action on application.
Upon r
eceipt of a complete application for a Sidewalk vending permit , the Chief will cause the application to be reviewed and within 10 days of submittal of a complete application will either: (1) approve or conditionally approve the permit if all applicable requirements of this Chapter are satisfied; or (2) deny the application if all applicable requirements of this C hapter are not satisfied. Notice of the C hief’s decision will be provided by certified or registered mail or by personal delivery to the applicant within three business days of the decision.
5-45.
07 – Operational requirements.
(a) E
very Cart used to vend food must be approved by the Health Department.
A Cart may only vend the types of food that are listed and approved by the Health Department under the Health Department Permit.
(b) A Car
t used for Sidewalk vending must obtain, possess, and prominently display a valid Sidewalk vending permit and all other required permits that are issued by other public agencies or as required by this Chapter.
(c) A Car
t used for Sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the Sidewalk vending permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold. (d) No
Cart that is used for Sidewalk vending may exceed fifteen (15) square feet, and also not exceed a linear distance greater than five (5') feet, on any one side.
Merchandise such as banners, feather flags, flags and pennants must be displayed directly on the Cart and may not extend above or beyond the Cart. (e) A Car
t must operate according to its approved hours of operation. The Chief may impose reasonable hours of operation for S idewalk vendors. For S idewalk vending in Commercial or Industrial zoned areas, the C hief may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those Commercial or Industrial zoned areas.
(f) No
Cart or any material or matter brought to the location by the Sidewalk vendor may be left on the S idewalk during any pause in business or after the Sidewalk vendor ends operations for each day.
(g) A Si
dewalk vendor must maintain a clean and trash-free 50-foot radius from a Cart during hours of operation and must leave the area clean by the approved end of daily operation(s).
(h) S
idewalk vendors that vend food items must provide a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must ORD. NO. 1345
9 be large enough to accommodate customer trash without resorting to existing trash receptacles for use by the general public.
(i) A St
ationary vending cart that vends food must be operated within 200 feet travel distance of an approved and readily available toilet and handwashing facility. If the facility is located on private property, the Stationary sidewalk vendor must possess a copy of an enforceable contract between the private property owner and the Stationary sidewalk vendor allowing the Stationary sidewalk vendor to utilize such facilities, including the days and hours of operation.
(j) S
idewalk vendors must comply with all applicable federal, state, county, and local laws, regulations, and ordinances.
(k) A
ll signs must be attached to the C art and no sign may extend above or beyond the C art. Airborne signs such as balloons, banners, feather flags, flags and pennants are prohibited. No free standing signs may be placed on the Sidewalk. (l) Car
ts must be self -contained, including any power, fuel, cooling, cooking, shading, and heating equipment. Sidewalk vendors may not set up tables, chairs, or other structures, unless otherwise approved by the City. Sidewalk vendors may not access a City or private power source without prior authorization from the C ity or such private property owner or agent.
(m) N
o sidewalk vendor or Cart may use any device that produces a loud noise, nor may the vendor use or operate any loud speaker, public address system, radio, sound amplifier, or other similar device.
(n) B
efore non-electric generators or auxiliary power may be used to power a Cart, the S idewalk vendor must obtain permission, as appli cable, from the Ventura County Air Pollution Control District.
(o) V
ending of services is prohibited.
(p) S
idewalk vendors shall not occupy space on any S idewalk in such a way that would impede upon the required S idewalk width or path of travel requirement pursuant to the federal Americans with Disabilities Act of 1990 (Public Law 101336) and any other disability access standards.
(q) S
idewalk vendors must comply with the California Retail Food Code as codified in Part 7 of California Health and Safety Code 113700, et. seq., if vending food; (r) Si
dewalk vendors shall obtain and keep in force during the term of the permit, workers' compensation insurance, covering all employees of the business as required by law;
ORD. NO. 1345
10 (s) Sidewalk vendors shall not attempt to reserve any street or public parking area exclusively for themselves or their customer parking. 5-45.
08 – Vending in residential areas.
No St
ationary vending cart may be used to vend within a R esidential zoned area.
However, a R oaming sidewalk vendor may use a R oaming vending cart within a Residential zone, and must move continuously except when necessary to complete a sale. The Roaming sidewalk vendor must move a distance of not less than 200 feet between consecutive stops at which vending occurs. Once a Roaming sidewalk vendor has moved from a vending location, the Roaming sidewalk vendor may not return to that location for thirty minutes.
5-45
.09 – Prohibitions on placement of Carts.
(a) No
Sidewalk vendor may place or leave any Cart:
(1) W
ithin 25 feet of a marked crosswalk.
(2
) Within 15 feet of any fire hydrant.
(3
) Within a 45 foot radius of a bench, sign, or shelter used for public transit stops.
(4) Upon a p
ublic street median
(5) Wi
thin 100 feet of any intersection
(6) W i
thin five 500 feet of the driveway of any public school or daycare center between the hours of 7:00 a.m. and 4:00 p.m. on the days the school is in session,
(7
) Within 15 feet of a driveway or driveway apron.
(8
) Within 30 feet of an outdoor dining or patio dining area. (9
) Within 18 inches from the edge of the curb.
(10) W
here placement impedes ingress to or egress from any doorway. (11) W
here placement impedes the flow of vehicular traffic.
(b) No
Cart may be chained or fastened to any utility pole, sign, tree, or other object in the public right -of-way or Sidewalk . No Cart may be left or maintained unattended at any time. Any vehicle, human powered device, equipment or objects left ORD. NO. 1345
11 on public right-of-way or Sidewalk unattended will be considered discarded and may be seized or disposed of by the Department.
(c) N
otwithstanding any specific regulations in this chapter, no Sidewalk vendor may install, use or maintain a Cart where placement endangers the safety of persons or property as determined by the Chief or his designee.
5-45.
10 – Sidewalk vending related to parks and special events.
No s
idewalk vending is allowed within 300 feet of a C ity-permitted Special Event within the time period commencing one hour before until one hour after the Special Event.
Permitted events include certified farmers’ markets, and any event that requires an encroachment permit or special event permit, filming, parades, outdoor concerts, street fairs, arts shows, crafts shows, or any other permit or authorization required by the City. (a) S
tationary sidewalk vendors shall be prohibited from vending in a park if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or goods or merchandise by the concessionaire. (b
) The City may by resolution adopt additional requirements consistent with Government Code section 51038(b)(2)(B) for city-owned or operated parks, effective after signs are posted giving notice of such additional requirements. 5-45.
11 – Fines.
Si
dewalk vending in violation of this C hapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation issued by the Department as follows:
(a) F
or vending without a valid Sidewalk vending permit:
(1) An
administrative fine of $250 for a first violation.
(2) A
n administrative fine of $500 for a second violation within one year of the first violation.
(3) A
n administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation. (4) U
pon proof of a valid Sidewalk vending permit issued by the C ity before such fines are due, the City will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter. (b) F
or all violations of this Chapter other than vending without a valid Sidewalk vending permit as outlined in subsection (a) above:
ORD. NO. 1345
12 (1) An administrative fine of $100 for a first violation. (2) A
n administrative fine of $200 for a second violation within one year of the first violation.
(3) A
n administrative fine of $500 for a third violation within one year of the first violation.
(4) A
n administrative fine of $500 for a fourth and each subsequent violation, and revocation of the permit.
(c) T
he City will provide the person subject to the fine notice of his or her right to request an ability -to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination. (d) A
ll cita tions issued for violations of this Chapter are subject to the administrative hearing and Appeal process under this Chapter and the City’s authority to use any civil remedy available to collect any unpaid administrative fine. (e) F
ines assessed pursuant this section may be reduced to 20 percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51039(f)(2). 5-45.
12 – Removal of Cart.
The
City may request a Sidewalk vendor remove any Cart that is in violation of this Chapter. If the S idewalk vendor refuses to remove the C art, or if a C art has been abandoned, the City may cause the Cart to be removed, and provide notice to the owner of the Cart or at the location of the removal, if the C art was abandoned. The C ity may subsequently dispose of the Cart (including any associated goods or merchandise) if not claimed by the vendor within 90 days of removal by C ity. T he City may, in its sole discretion, immediately dispose of any food products after cataloging all food to be disposed.
5-45.
13 – Revocation of license.
(a) R
evocation by C hief: Previous grounds for denial . The Chief or his or her designee shall revoke a Sidewalk vending permit where the Chief determines from the facts that there were grounds for denying the permit in the manner hereinbefore provided for by this Chapter, which were first disclosed or otherwise made known to the Chief after issuance of the permit, and such facts were not discoverable upon the exercise of due diligence by the Chief prior to the issuance of the permit. (b) R
evocation by C hief: Violation of terms and conditions. The Chief may revoke a S idewalk vending permit where the C hief determines from the facts that the permittee is in violation of the terms and conditions of the permit, or where the permittee has violated any applicable law or regulation; provided, however, that the Chief shall not ORD. NO. 1345
13 revoke a permit in the manner provided by this subsection unles s and until such Chief advises the permittee of such violation and provides a reasonable opportunity to correct same.
(c) N
otice of revocation. Where the Chief determines to revoke a S idewalk vending permit, the C hief shall immediately cause a written notice of such action to be served on the permittee and shall provide copies of the notice to the C ity Manager, City Attorney and all remaining C ity officials charged with carrying out any responsibilities under this Chapter.
(d) H
earing on revocation . The permittee of a Sidewalk vending permit may appear before the Chief for the purpose of presenting evidence why the Sidewalk vending permit should not be revoked. Upon request by the permittee, the Chief will fix a time and place for such hearing, and provide written notice of the hearing to the permit tee. The Chief may issue a decision orally at the conclusion of the hearing or take the matter under submission, and shall also notify the permit tee, the City Manager and the City Attorney, in writing of the decision. The Chief’s decision shall be final. (e
) Content of notices . Any notification of action by the C hief or his or her designee in subsections (b), (c) or (d) of this section, whether oral or written, shal l describe, with particularity, the facts and the reasons for the decision. Any such written notice may be by a method as agreed by the parties in addition to a written document signed or sent by the Chief or his or her designee, respectively, to the address shown on the Application.
5-45.
14 – Appeals.
(a) A
ny person denied approval or renewal of a Sidewalk vendor permit under this Chapter, assessed a Fine for violations of this Chapter , or whose permit has been suspended, revoked or conditioned, may appeal. Such appeal must be in writing and must be filed with the City Manager or his or her designee not more than fourteen (14) days following the mailing of the notice of denial, suspension, revocation, or conditioning sent to the applicant to the address listed by the applicant pursuant to this chapter. The written appeal must contain all reasons and documentary support why the denial, revocation, suspension, or conditioning should be overturned. Any successful appeal will result in approval or reinstatement of an approval and refund of any fines collected by the City. (1) T
he City shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.
(2) T
he scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to this section.
(b) C
ity Manager action.
ORD. NO. 1345
14 (1) Upon receipt of a timely filed appeal, the City Manager or his or her designee shall set the matter for hearing which shall be held not fewer than ten (10) calendar days, nor more than thirty (30) calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.
(2) T
he appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven (7) calendar days prior to the hearing.
(3) At
the time of such hearing, the City Manager or his or her designee shall review the records and files relating to the decision. (4) I
n conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.
(5) I
n the case of denial of an initial permit application the appellant shall have the burden of proving that he or she meets the requirements for issuing the permit in the fir st instance; in the case of the conditioning, revocation or denial of a permit renewal, the City shall have the burden in proving that grounds exist for revoking or failing to renew a permit.
(6) B
ased upon the evidence presented at the hearing, the City Manager or his or her designee shall determine whether the decision should be affirmed, modified or reversed.
(7) T
he City Manager or his or her designee's decision shall be communicated in writing to the appellant within seven (7) calendar days after the close of the hearing and submission of the matter to the City Manager for decision. The City Manager's decision shall state whether the decision is affirmed, modified or reversed and shall state the reasons therefor.
(8) T
he decision of the City Manager or his or her designee shall include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to California Civil Procedure Code Section 1094.5, and that any action filed in the Superior Court shall be filed w ithin ninety (90) days following the City Manager's notice pursuant to California Civil Procedure Code Section 1094.6.
ORD. NO. 1345
15 EXHIBIT B
Chapter 12
ITINERANT HAWKERS, PEDDLERS, SOLICITORS, AND MERCHANTS
5-12.01 - Definitions.
For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) "Hawker" shall mean a peddler who not only carries goods for sale but seeks for purchasers, either by shouting, or by attracting notice and attention to his goods for sale by the actual exhibition or exposure of such goods, or by placards or labels, or by the sound of a horn, or by other means. (b) "Peddler" means any person who engages in the act of peddling, as defined in this section.
(c) "Solicitor," "drummer," or "canvasser" shall mean any person who goes from house to house or from place to place taking, or attempting to take, orders for the sales of goods, wares, and merchandise of any nature whatsoever for future delivery or for services to be furnished or performed in the future, whether or not such individual has a sample, or whether or not he is collecting advance payments. "Canvasser" shall also include any person who goes from house to house or place to place for the purpose of leaving samples and/or advertisements for any goods, wares, or merchandise or for services to be rendered.
(d) "Transient or itinerant merchant" shall mean any person who establishes himself in business with the intention and determination to remain in business for a short period of time only, whether such period is a definite or indefinite one, such as a period of one or more weeks or months, or until a particular stock of merchandise is disposed of, or until the local market for the commodity handled by the dealer has been exhausted, and who, for such limited period, engages or occupies a building or other place for the exhibition and sale of his goods or wares.
(e) "Peddle" and "peddling" means using a motorized vehicle from place-to-place, house-to-house, or from street-to-street, carrying, conveying or transporting goods, wares, merchandise, or food and concurrently offering or exposing the same for sale. Peddling does not cover sidewalk vending activity, which is covered by Chapter 5-45 of this code.
(f) "Public sidewalk or street" means all of those areas dedicated as public thoroughfares, including, but not limited to, roadways, parkways, medians, alleys, sidewalks and public ways or dedicated easements for public rights-of- way.
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16 5-12.02 - Permits: Required.
No person, whether or not a resident of the City, or whether or not the person maintains or is employed at an established place of business, shall engage in the City in the business of peddler, hawker, transient or itinerant merchant, solicitor, or canvasser without first obtaining a permit therefor, with the exception of charitable, religious, and nonprofit organizations as set forth in Section 5-12.03 of this chapter. 5-12.03 - Permits: Exemptions for charitable, religious, and nonprofit organizations required to register.
Any person soliciting on behalf of any institution or organization recognized by a tax board of the State and the Internal Revenue Service of the United States, which institution or organization is conducted wholly for the benefit of charitable, religious, or nonprofit purposes and from which profit is not derived, either directly or indirectly, by any person, shall be exempted from the requirements of a solicitation permit, but such institution or organization shall be required to register with the Chief of Police in accordance with this chapter. There shall be no fee for such registration. 5-12.04 - Registration for charitable, religious, and nonprofit organizations:
Procedure.
Any institution or organization desiring to register as a charitable, religious, or nonprofit organization shall submit a registration form to the Chief of Police prior to the commencement of any solicitation campaign by any representative of such organization setting forth the following information:
(a) The name of the organization;
(b) The type or general description of the organization; (c) The address and telephone number of the organization; (d) The duration of the activity, which may not exceed one year per registration; (e) The approximate number of solicitors to be used during the campaign; (f) The approximate scope of the solicitation in terms of locations within the City which will be solicited;
(g) The signature of the registrant on behalf of the organization and his name, address, and telephone number; and
(h) The date on which the State and Federal tax-exempt status was granted, and a copy of the organization's State and Federal nonprofit status document shall be attached to the application.
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17 5-12.05 - Registration for charitable, religious, and nonprofit organizations:
Expiration.
A registration for a charitable, religious, or nonprofit organization shall expire at the end of the period of duration of the activity as stated by the registrant on the registration form, but not to exceed one year after the date of the submission of the registration, or one year if no period of duration is indicated by the applicant. 5-12.06 - Permits: Applications.
Any person desiring to obtain the permit required by this chapter shall make a written application to the Chief of Police therefor, signed under penalty of perjury, setting forth the following information:
(a) The name of the applicant;
(b) The residential address of the applicant;
(c) The business address of the applicant and the name of the business and names of the employers;
(d) The residential and business telephone numbers of the applicant; (e) The type of business activity;
(f) The California or out-of-State driver's license number or the applicant's Department of Motor Vehicles Identification numbers;
(g) The applicant's social security number;
(h) A physical description of the applicant;
(i) A statement as to whether or not the applicant has been convicted of any felony or misdemeanor, exclusive of City or County Code violations and violations of the Vehicle Code of the State not constituting a felony, the nature of the offense, and the place, date, and disposition of the charge, including the penalty assessed;
(j) A statement as to whether or not the applicant has ever had a license of any kind suspended or revoked and the circumstances surrounding the suspension or revocation; and
(k) A statement as to the number of vehicles used in his trade, and from which the products of the applicant are sold or delivered, and the type, make, year of model, and license number of all such vehicles.
5-12.07 - Permits: Applications: Processing.
The application for the permit shall not be accepted for processing if it is incomplete.
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18 5-12.08 - Permits: Issuance.
Within ten (10) working days after the receipt of a completed application, the Chief of Police shall issue a permit.
5-12.09 - Permits: Voiding.
Any permit issued pursuant to the provisions of this chapter shall be void from the date of issuance if any statement or information submitted by the applicant pursuant to the provisions of this chapter is untrue. This provision is in addition to any criminal penalties for perjury which may be applicable.
5-12.10 - Permits: Limitations on employers.
One permit will be sufficient for any person engaging in more than one of the businesses defined in this chapter, irrespective of the number of bona fide employers or businesses designated in the permit. No permittee shall engage in any business not designated in the permit, or in any business for an employer not designated in the permit, unless and until such permittee amends his application to designate such business or employer.
5-12.11 - Permits: Fees.
The fee for obtaining the permit required by this chapter shall be set by resolution of the Council. Senior citizens over the age of sixty-five (65), juveniles under the age of eighteen (18), and veterans physically unable to obtain a livelihood by manual labor who qualify under Sections 16001 and 16001.5 of the Business and Professions Code of the State shall be exempted from paying such fee.
5-12.12 - Permits: Expiration.
Permits issued pursuant to this chapter shall expire one year after the date of issuance, or at the end of the duration of the activity as stated by the registrant on the registration form, whichever occurs first.
5-12.13 - Violations: Penalties.
Any violation of the provisions of this chapter shall be deemed an infraction and punishable pursuant to Section 1-2.03 of Chapter 2 of Title 1 of this Code, unless a defendant has been convicted of three (3) or more violations of this Code, in which case the violation shall be deemed a misdemeanor and punishable pursuant to Section 1-
2.02 of said Chapter 2.
5-12.14 - Permits: Exhibiting.
The permit required by this chapter shall be exhibited by the permittee whenever requested by a law enforcement officer or any person to whom the permittee is engaged in selling or soliciting.
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19 5-12.15 - Hours of operation.
No person required to have a permit pursuant to this chapter or representing an institution or organization required to register pursuant to this chapter shall go to or enter any residence, hotel, or other dwelling place between the hours of 9:00 p.m. and 7:00 a.m. for the purpose of engaging in the business for which he has a permit or to solicit for which he has registered, except upon an invitation of the occupant of the dwelling place.
5-12.16 - Posted premises: Solicitations prohibited.
No person required to register pursuant to Section 5-12.04 of this chapter or required to obtain a permit pursuant to this chapter shall solicit or attempt on any premises on which a notice or sign is clearly posted prohibiting solicitations or indicating the owner's or occupant's desire not to be solicited.
5 -12.17 - Exceptions.
The provisions of this chapter shall not apply to:
(a) Persons selling or soliciting at established places of business; (b) Persons invited to call upon private residences by the owner or occupant thereof;
(c) Persons licensed and regulated by the State pursuant to Sections 12000 et seq. of the Business and Professions Code of the State; (d) Persons selling or soliciting sales of a daily or weekly newspaper as defined in Section 6040.5 of the Government Code of the State; or
(e) Persons soliciting or canvassing for or against any candidate for public office or any ballot measure.
5 -12.18 - Soliciting near school areas.
No person required to have a permit pursuant to the provisions of this chapter shall go to or enter an area within one-fourth (¼) mile of any elementary, junior high, or high school, public or private, between the hours of 8:00 a.m. and 4:00 p.m. on days schools are in session, for the purpose of engaging in the business for which he has a permit.
The provisions of this section shall not apply to any person invited to call at such school by the principal of the school or any other authorized person thereof, nor shall the provisions of this section apply to any person engaged in a business not having a special attraction for children of school age.
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20 5-12.19 – Solicitation or sales solicitation for charitable purposes: disclosure requirements: noncompliance by volunteer solicitor.
(a) Prior to any solicitation or sales solicitation for charitable purposes, the solicitor or seller shall exhibit to the prospective donor or purchaser a card entitled "Solicitation or Sale for Charitable Purposes Card." The card shall be signed and dated under penalty of perjury by an individual who is a principal, staff member, or officer of the soliciting organization. The card shall give the name and address of the soliciting organization or the person who signed the card and the name and business address of the paid individual who is doing the actual soliciting.
In lieu of exhibiting a card, the solicitor or seller may distribute during the course of the solicitation any printed material, such as a solicitation brochure, provided such material complies with the standards set forth below, and provided that the solicitor or seller informs the prospective donor or purchaser that such information as required below is contained in the printed material.
Information on the card or printed material shall be presented in at least 10-point type and shall include the following:
(1) The name and address of the combined campaign, each organization, or fund on behalf of which all or any part of the money collected will be utilized for charitable purposes;
(2) If there is no organization or fund, the manner in which the money collected will be utilized for charitable purposes;
(3) The amount, stated as a percentage of the total gift or purchase price, that will be used for charitable purposes;
(4) If paid fund raisers are paid a set fee rather than a percentage of the total amount raised, the card shall show the total cost that is estimated will be used for direct fundraising expenses;
(5) If the solicitation is not a sale solicitation, the card may state, in place of the amount of fundraising expenses, that an audited financial statement of such expenses may be obtained by contacting the organization at the address disclosed;
(6) The non-tax-exempt status of the organization or fund, if the organization or fund for which the money or funds are being solicited does not have a charitable tax exemption under both federal and state laws; (7) The percentage of the total gift or purchase price which may be deducted as a charitable contribution under both federal and state law. If no portion is so deductible the card shall state that "This contribution is not tax deductible"; (8) If the organization making the solicitation represents any nongovernmental organization by any name which includes, but is not limited to, the term "officer," "peace officer," police," "law enforcement," "reserve officer," "deputy," "California Highway Patrol," "Highway Patrol," or "deputy sheriff," which would reasonably be understood to imply that the organization is composed of law ORD. NO. 1345
21 enforcement personnel, the solicitor shall give the total number of members in the organization and the number of members working or living within the city where the solicitation is being made, and if the solicitation is for advertising, the statewide circulation of the publication in which the solicited ad will appear. (b) Noncompliance by any individual solicitor or seller in connection with a solicitation by any charitable organization shall subject the solicitor or seller to the penalties of the law.
(c) When the solicitation is not a sales solicitation, any individual solicitor or seller who receives no compensation of any type from, or in connection with, a solicitation by any charitable organization may comply with the disclosure provisions by providing the name and address of the charitable organization on behalf of which all or any part of the money collected will be utilized for charitable purposes, by stating the charitable purposes for which the solicitation is made, and by stating to the person solicited that information about revenues and expenses of such organization, including its administration and fundraising costs, may be obtained by contacting the organization's office at the address disclosed. Such organization shall provide such information to the person solicited within seven calendar days after receipt of the request.
(d) A solicitor or seller who receives no compensation of any type from, or in connection with, a solicitation or sales solicitation by a charitable organization which has qualified for a tax exemption under Section 501(c) (3) of the Internal Revenue Code of 1954, and who is eighteen (18) years of age or younger, is not required to make any disclosures pursuant to this section.
5-12.20 - Financial records: Accounting principles.
The financial records of a soliciting organization shall be maintained on the basis of generally accepted accounting principles as defined by the American Institute of Certified Public Accountants and the Financial Accounting Standards Board.
The disclosure requirements of subsection (c) of Section 5-12.19 shall be based on the same accounting principles used to maintain the soliciting organization's financial records.
5-12.21 - Inapplicability of chapter.
The provisions of this chapter shall not apply to solicitations, sales, offers, or attempts to sell within the membership of a charitable organization or upon its regular occupied premises, nor shall it apply to funds raised as authorized by Section 326.5 of the Penal Code. This chapter does not apply to sidewalk vendors, who will be governed under the regulations set forth in Chapter 5-45 of this code. 5 -12.22 - Manner of peddling.
(a) No peddler shall stand or park any motorized vehicle for more than ten (10) minutes in any particular location, nor shall any peddler stand or park any motorized vehicle in violation of any City ordinance. Regardless of the length of time parked at any ORD. NO. 1345
22 particular location, no peddler shall park within 500 feet, as measured in any direction, of an area where he or she previously parked at the beginning of the ten (10) minute period, until twenty-four (24) hours have elapsed from the end of said ten (10) minute period.
(b) No vending shall occur or be conducted from a parked vehicle on any street during peak traffic hours, as determined by the Public Works Director, or on any street or portion thereof determined to be unsafe due to limited line of sight, traffic control impacts or high traffic flow. The Public Works Director may limit the days or hours that vending from a vehicle may occur at any location due to traffic safety concerns, parking shortages or repairs or maintenance work.
(c) No peddler using a motorized vehicle shall carry any merchandise, wares, goods or food outside a ten foot radius encircling the motorized vehicle. Signs shall be limited to those affixed to the vehicle and shall otherwise comply with all City ordinances.
(d) No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic, and no peddler shall distribute any item from such a motorized vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street.
(e) No peddler shall park a motorized vehicle on any street during the hours of 8:00 p.m. through 7:00 a.m. of the next succeeding day.
(f) No peddler shall sell or offer for sale any food or other goods from a motorized vehicle unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign requesting use by patrons.
Prior to leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing such food or goods.
(g) Between 8:00 p.m. and 7:00 a.m., the peddler shall not make any outcry, blow a horn, ring a bell, or use any sound devices or musical instrument upon any of the streets, alleys, parks or other public places of this City where sound is of sufficient volume to be capable of being plainly heard upon the public sidewalks or streets, public parks or other public places, for the purpose of attracting attention to any goods, wares, merchandise or food which the permittee proposes to sell. (h) No peddler shall intentionally or deliberately obstruct the free movement of any member of the public on any public sidewalk or street or in any public place. (i) No peddler shall peddle any items to a captive audience including persons in lines or seated in public areas.
(j) No peddler shall peddle or attempt to peddle to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this subsection shall be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.
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23 (k) No peddler shall stop, stand or park any motorized vehicle in violation of any provision of the California Vehicle Code or the Simi Valley Municipal Code. (l) No peddler shall peddle any food unless the items being sold comply with all applicable food labeling requirements established by the State of California and the peddler has all required permits, including, without limitation, Health permits, to sell such items.
(m) No peddler shall peddle any goods from any motorized vehicle which does not have insurance as required under State law for operating the motorized vehicle. (n) Peddlers that had been in business for at least three years prior to the effective date of Ordinance No. 1109 and that had been issued all of the following shall be exempt from subsection (c) of this section relating to time limits on standing or parking a motorized vehicle in any particular location:
(1) A Solicitors Permit;
(2) A Health Permit;
(3) A Business Tax Certificate.
Upon verification that a peddler meets the foregoing requirements, the Police Department shall issue an exempt permit, which shall be displayed at all times while conducting business. Nothing herein shall relieve holders of exempt permits from compliance with other State and local laws.
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