[HISTORY: Adopted by the City Council of the City of Roseville 4-28-1998 by Ord. No. 1109 (Ch. 103 of the 1984 Code). Amendments noted where applicable.]
Police Department — See Ch. 7, Sec. 7.9.
As used in this chapter, the following terms shall have the meanings indicated:
- CHRISTMAS SEASON
- The period between November 1 and December 31 in any year.[Added 7-27-1999 by Ord. No. 1125]
- CHRISTMAS TREE
- A natural, previously living coniferous tree not exceeding 12 feet in height. Excluded from the definition of "Christmas tree" shall be wreaths, grave blankets, roping or any other material.
- CHRISTMAS TREE SALES LOT
- Any location within the city zoned for either commercial or industrial activity with adequate space and adequate parking to conduct Christmas tree sales as determined by the Director of Buildings and Inspection.
No person or entity shall maintain, operate or establish a Christmas tree sales lot within the city, except as strictly provided herein.
Each person or entity prior to establishing a Christmas tree sales lot shall make application to the Roseville Police Department upon a form approved by the Chief of Police for a license to operate said lot, which license shall be valid for one particular Christmas season of that particular year.
Where an owner of an existing business which principally occupies a permanent structure desires to carry on sales adjacent to such permanent structure, the Police Department shall issue such license without the payment of any fee on the filing with the Police Department a certificate by the applicant stating that the business will be carried on as part of the existing business and that debris, if any, resulting from any sales will be fully disposed of on or before January 1 of the following year. If such a business sells merchandise of an identical kind and character or substantially similar kind and character to the merchandise sold by the established merchant as part of its ongoing adjacent business, representing at least 10% of the sale revenues within the preceding 12 months, such business may sell Christmas trees, wreaths, grave blankets and roping. In the event the existing business is not selling an identical kind and character or substantial kind and character type of merchandise, such business shall be limited to selling only Christmas trees if appropriately licensed.
[Amended 8-22-2006 by Ord. No. 1204]
In the event that the applicant is not the owner of the business principally occupying an adjacent structure to the proposed location for Christmas tree sales, such applicant shall pay to the Roseville Police Department a sum as provided for in Chapter 133, Fees, as the license fee and shall deposit with said Department the sum as provided in Chapter 133, Fees, cash or certified check, as a security deposit guaranteeing the disposal of any debris in the operation of said lot. In the event that the debris is not disposed of and the lot cleared of Christmas trees and other associated equipment, the deposit shall be forfeited, and the city may take whatever action is necessary to remove the debris and dispose of debris and equipment remaining.
[Amended 7-27-1999 by Ord. No. 1125]
Christmas tree sales lots existing under the predecessor ordinance and consecutively licensed each season for five or more years shall be exempt from the bond requirements of this chapter and zoning limitations. Such existing lots shall be subject to the remaining provisions of this chapter, including revisions defining the allowable material for sale, providing adequate space and parking and promptly eliminating debris.
Editor's Note: The predecessor ordinance was Ord. No. 644, adopted 11-25-1969, which ordinance was repealed with the enactment of this chapter under Ord. No. 1109.
[Amended 7-27-1999 by Ord. No. 1125]
Any person violating any provision of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I. Any person or any entity employing or having ownership by such person who has a conviction from the violation of the provisions of this chapter shall be ineligible for a period of five years from obtaining a license or working at a Christmas tree sales lot.