The following words and terms as used in this chapter shall have the following meanings:
"Goods" or "merchandise"
includes items and products of every kind and description, including all foods, produce and beverage items.
"Human-powered device"
means any device moved by human power, including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle, shopping cart, or other wheeled container or conveyance.
"Person"
means any natural person, any firm, any partnership, any association, corporation or other entity of any kind or nature.
"Public property"
means any real property, or interest, therein, owned, leased, operated or otherwise controlled by the city, either wholly or jointly with another public agency, other than a street, alley, parkway or sidewalk.
"Residential zone" or "zoned for residential purposes"
means any property which, by ordinance of the city, is then currently classified into any one of the residential zones specified in the code in which residential dwellings are an expressly permitted use.
"Used for residential purposes"
means any lot or parcel of property any portion of which is being lawfully used as a residential dwelling.
"Vehicle"
means as defined in the Vehicle Code of the state of California, and shall not include any human-powered device.
"Vend" or "vending"
means the sale or offering for sale of any goods or merchandise to the public from a vehicle.
"Vendor"
means any person who engages in the act of or owns a business involving vending from a vehicle or who drives or otherwise operates any such vehicle for the purpose of vending therefrom.
(Ord. 1614 § 1, 1996)
It is unlawful for any person to engage in vending from a vehicle on private property unless: (1) the person is providing meals from vehicles for those living or working on such private property, and provided the period of such vending does not exceed thirty minutes; or (2) the vending is occurring at a community event for which a community events permit has been issued pursuant to the requirements of Chapter 9.39 or Section 10.80.024.
(Ord. 1614 § 1, 1996.; Ord. 2006 § 2, 2011; Ord. 2171 § 2, 2019)
It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale of or offering for sale, any goods or merchandise from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all applicable provisions of this code and in compliance with each of the following requirements:
A. 
Such vending shall be only by means of a vehicle duly registered and licensed by the state of California with an unladen weight of less than five thousand pounds.
B. 
Such vending shall be limited to only public streets, where the authorized speed limit is less than thirty-five miles per hour, and shall not be permitted upon any alley, parkway, sidewalk or other public property unless the vending is occurring at a community event for which a community events permit has been issued pursuant to the requirements of Chapter 9.39.
C. 
Each operator of such vehicle shall possess and at all times display in conspicuous view upon each such vehicle a city business license issued, pursuant to Title 5 of this code.
D. 
It is unlawful for any vendor to sell or offer for sale any goods or merchandise from any vehicle pursuant to this section, unless such person shall possess and at all times while conducting such vending maintain upon his or her person an unexpired and unrevoked vendor's permit issued pursuant to Sections 5.57.050 and 5.57.070 of this chapter.
E. 
Each operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle and shall also display the letter grade issued by the department of public health of the county of Los Angeles.
F. 
No vending from such vehicle shall be permitted within sixty feet of any intersection of two or more public streets nor within five hundred feet of any public or private elementary, junior high or high school unless the vending is occurring at a community event for which a community events permit has been issued pursuant to the requirements of Chapter 9.39.
G. 
No vending from such vehicle shall be permitted for a period of time in excess of ten minutes in any one location and said vehicle must be moved a distance of not less than one hundred feet between consecutive stops at which vending occurs unless the vending is occurring at a community event for which a community events permit has been issued pursuant to the requirements of Chapter 9.39.
H. 
No minor under the age of sixteen shall ride in or upon a vehicle which such vehicle is engaged in or about to be engaged in vending.
I. 
No vehicle shall be parked, stopped or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street.
J. 
Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending.
K. 
Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrapper, litter or other refuse of any kind which were a part of the goods or merchandise supplied from the vehicle and which have been left or abandoned within twenty-five feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor.
L. 
No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner.
M. 
Except for vending from a vehicle on private property to provide meals for those living or working on such private property, no vending shall be permitted by or conducted by any vendor except between the hours of nine a.m. and six p.m. Monday through Friday of each week in areas of the city zoned for residential purposes unless the vending is occurring at a community event for which a community events permit has been issued pursuant to the requirements of Chapter 9.39.
N. 
No amplified sound making devices shall be used to draw attention to, or announce the presence of, such vehicle upon any public street immediately contiguous to any residentially zoned property within the city. Nonamplified sound making devices shall be permitted for such purposes provided: (1) such sounds shall not be made while the vehicle is stopped, parking or otherwise in a stationary position; and (2) such sounds shall not be audible to a person with normal hearing for a distance of more than two hundred feet.
O. 
Any operator or vendor using scales or any other weighing or measuring devices shall have all such scales and devices inspected and sealed by the weights and measures division of Los Angeles County.
P. 
All foods, beverages, utensils and equipment offered for sale or utilized on vending vehicles shall at all times be protected from contamination and pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet infection, overhead leakage, insecticides, rodenticide, cleaning compounds, and other poisonous or deleterious substances, and all other forms of contamination.
Q. 
Each vehicle shall be equipped with a sign mounted to the rear of the vehicle warning of the presence of children. Said sign shall be in letters in sharp contrast to the background and shall be of such size, shape and color as to be readily legible during daylight hours from a distance of fifty feet. The sign shall state, "Warning Children Present."
(Ord. 1614 § 1, 1996.; Ord. 2006 § 3, 2011)
Any person desiring to obtain a vendor's permit to engage in the vending of goods or merchandise from a vehicle, or driving of such vehicle, pursuant to this section shall make application to the city business license department. Such application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the city council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for such renewal application. Each applicant for a vendor's permit shall furnish the following information and documentation as part of or in conjunction with such application:
A. 
The present or proposed address from which the business is to be conducted;
B. 
The full true name under which the business will be conducted;
C. 
The full true name and any other names used by the applicant;
D. 
The present residence address and telephone number of the applicant;
E. 
California driver's license number of the applicant;
F. 
Acceptable written proof that the applicant is at least eighteen years of age;
G. 
The applicant's height, weight, color of eyes and hair, and date of birth;
H. 
A description of the goods or merchandise which the business will vend;
I. 
The number of vehicles to be owned, operated, or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle;
J. 
A description of the logo, color scheme, insignia and any other distinguishing characteristics of applicant's vehicles;
K. 
The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/or vendors and the respective capacities in which they will be employed, including the California driver's license number of all persons who will be employed or engaged as drivers of vehicles in conjunction with such business;
L. 
The business, occupation or employment history of the applicant from the three-year period immediately preceding the date of the application;
M. 
The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation;
N. 
All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant, including ordinance violations, and traffic offenses;
O. 
Such other identification and/or information as the city business license department may require in order to discover the truth of the matters required to be set forth in the application;
P. 
When any change occurs regarding the written information required by subsections A through J of this section, prior to issuance of a permit, the applicant shall give written notification of such change to the city business license department within two weeks after such change.
(Ord. 1614 § 1, 1996)
The city business license department shall refer all applications for vendor's permits made pursuant to this chapter to the police department for investigation and recommendation. The police department shall have a reasonable period of time within which to investigate the application and background of the applicant for a vendor's permit. The police department shall, within thirty days after the date of the filing of the application, render a written recommendation to the city business license department as to approval or denial of the application for the permit based upon the criteria set forth in Section 5.57.070.
(Ord. 1614 § 1, 1996)
The city business license department within ten days after receiving the aforementioned recommendation of the police department shall grant the vendor's permit only if it finds that all of the following requirements have been met:
A. 
The required fees have been paid;
B. 
The application conforms in all respects to the provisions of this chapter;
C. 
The applicant has not made a material misrepresentation of fact in the application;
D. 
The applicant has not had a similar permit denied or revoked by the city within a period of one year prior to the date of such application;
E. 
The applicant if an individual; or any of the directors, officers or stockholders holding more than five percent of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle or a natural person employed or contracted with to be a driver or vendor has not been convicted or pleaded nolo contendere or guilty within five years prior to his or her application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including, but not limited to: the sale of a controlled substance specified in California Health and Safety Code Sections 11054 through 11058; the sale, distribution or display of harmful or obscene matter; indecent exposure; or in the case of applications for a vendor's permit by a person who will be a driver of a vehicle pursuant to this section, alcohol or drug-related traffic offenses. The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in California Penal Code Section 11105. Any complaint for the above-listed charges pending before a court of law shall cause the application to be considered pending until adjudication of the complaint.
(Ord. 1614 § 1, 1996)
If the city business license department does not find that all of the requirements set forth in Sections 5.57.050 and 5.57.070, as applicable have been met, the director of licensing and code enforcement or his or her designee, shall deny the application for the vendor's permit. In the event the application for the permit is denied by the city business license department, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit.
Any applicant whose application for a vendor's permit has been denied by the city business license department may appeal such denial to the city manager by filing a written notice of appeal within ten days following the date of service of the decision. The date of filing of said notice of appeal shall be the date said notice is received by the city business license department.
No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a period of one year following such final denial.
(Ord. 1614 § 1, 1996.; Ord. 1903 § 1, 2007)
Any vendor's permit may be revoked by the city business license department for good cause shown including but not necessarily limited to any of the following reasons:
A. 
Falsification of any information supplied by the permittee upon which issuance of the permit was based;
B. 
Failure of the permittee, or any employees or subcontractors of the permittee, to comply with the regulations set forth in this section;
C. 
Conviction of a violation, or a plea of guilty or nolo contendere, by the permittee, or any employee, subcontractor or independent contractor of the permittee, of any state law or municipal ordinance while in the course of conducting vending operation from a vehicle pursuant to the permit;
D. 
Conviction of a violation, or pleas of guilty or nolo contendere, by the permittee of any applicable provision or requirement of this section;
E. 
No such revocation shall become effective until expiration of the appeal period specified in Section 5.57.100. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Services shall be deemed made on the permit holder on the date personally delivered or on the date of mailing. A permit holder may appeal such revocation to the city manager by filing a written notice of appeal with the city business license department within ten days following the date of service of such decision. The date of filing of said notice of appeal shall be the date said notice is received by the city business license department. If a timely appeal is filed, the revocation shall be stayed pending the decision of the city manager. Otherwise, the suspension or revocation shall become effective immediately upon expiration of said appeal period.
F. 
No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following such revocation.
(Ord. 1614 § 1, 1996)
Upon receipt of a timely appeal pursuant to Sections 5.57.080 and 5.57.090, the city manager, or his/her designated representative, shall hear such appeal within twenty days following the date of such appeal and shall give the appellant not less than five days' advance notice of the date of such hearing. The decision of the city manager shall be based upon the same criteria as set forth in this chapter which are applicable to the issuance or revocation of such permit. The appellant shall be notified of the decision of the city manager by mailed, written notice. The decision of the city manager shall be final. No revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the city manager's decision.
(Ord. 1614 § 1, 1996)
The requirements of this chapter shall not apply to:
A. 
Any person delivering any goods or merchandise by vehicle where such goods or merchandise has been ordered in advance for such delivery from any business located at a permanent location and which goods or merchandise is being delivered from such location to the customer by vehicle, regardless of the point of sale thereof.
B. 
Any person engaged in the vending of goods or merchandise on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose.
(Ord. 1614 § 1, 1996)
All police officers and parking control officers are authorized and empowered to remove or cause to be removed all vehicles parked, caused to be parked, or left parked upon any street or public parking lot or area contrary to the provisions of this chapter, or illegally parked, and to store the vehicle, and the owner or operator of the vehicle shall be liable for any reasonable towing and storage charges.
(Ord. 1614 § 1, 1996)
A. 
Upon the citation or arrest of any person for violation of Section 5.57.020 or 5.57.030, the city may seize and impound all perishables and nonperishable goods in the possession of such person.
B. 
Following citation or arrest for violation of Section 5.57.020 or 5.57.030, any unlicensed person or vendor shall sign a declaration which shall declare, under penalty of perjury, the name and contact information of the rightful owner of the seized goods.
C. 
The city shall make a reasonable attempt to contact the rightful owner of any seized perishable goods, if other than the unlicensed person or vendor arrested or cited, in order to provide such rightful owner with an opportunity to retrieve the goods within twenty-four hours. Such rightful owner, as set forth in the declaration described in subsection B of this section, must present valid identification to the city's planning/building and safety/code enforcement department, before the city will release any seized goods. If the unlicensed person or vendor claims to be the rightful owner of the seized perishable goods, said person or vendor shall, as a condition precedent to retrieval of any perishable goods, present valid identification to the city's planning/building and safety/code enforcement, and shall sign the declaration described in subsection B of this section declaring him or herself to be the rightful owner of the same. In such case, the city shall provide said person or vendor the opportunity to either:
1. 
Contact, with one phone call, which one phone call shall be in addition to any other phone calls permitted by law to an arrestee, another individual to pick up the seized perishable goods, provided that the goods must be picked up within twenty-four hours; or
2. 
Sign a release allowing the city to immediately discard or donate such seized perishable goods.
D. 
Prior to releasing, disposing or donating any perishable goods seized pursuant to this section, the city shall inspect and take photographs and any necessary samples of such goods to maintain as evidence.
E. 
In addition to any criminal, civil, or administrative action taken pursuant to this chapter, any officer authorized to enforce the Hawthorne Municipal Code may impound pushcarts or other human-powered devices used in violation of this chapter, including any perishable or non-perishable foods therein. The owner of the pushcart or human-powered device may request an impoundment hearing before a hearing officer appointed by the city manager or designee. If perishable food items are seized, the enforcement officer may dispose of the perishable items immediately. By the end of the next business day following impoundment, the owner of the cart will be contacted at the telephone number given to the enforcement officer at the time of the citation or arrest, and the pushcart and non-perishable items will be released to the owner upon proper proof of ownership, presentation of a business tax certificate, and the payment of all towing and administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the city ninety days after the city calls the owner to retrieve the impounded items, and the city may destroy or otherwise dispose of the impounded items pursuant to law.
F. 
Nothing contained in this section shall limit the ability of the city to cite the rightful owner of such seized perishable goods of this chapter.
G. 
The city manager, or designee, may adopt reasonable rules and regulations, not inconsistent with this chapter, in order to implement this chapter.
(Ord. 2076 § 1, 2014)